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Terms of Sale

AGREEMENT GOVERNING PURCHASE AND USE OF PRODUCTS

This agreement is made by and between Home Garage Inc. (“Provider”), and the online purchaser (“Customer”) of Provider’s garage door parts and products (“Product(s)”)

Customer desires to purchase Product(s) from Provider. In exchange for the right to purchase/obtain the Product(s), Customer acknowledges and agrees to the following terms and conditions:

1. Risk of Installation/Adjustment/Repair. CUSTOMER ACKNOWLEDGES THAT PRODUCT(S) MAY POSE A RISK OF INJURY IF INSTALLED OR ADJUSTED INCORRECTLY. CUSTOMER FURTHER ACKNOWLEDGES THAT INSTALLING OR ADJUSTING PRODUCT(S) WITHOUT PROFESSIONAL ASSISTANCE MAY RESULT IN POSSIBLE INJURY OR DEATH TO CUSTOMER. ACCORDINGLY, CUSTOMER AGREES THAT INSTALLING OR REPLACING PRODUCT(S) CAN BE EXTREMELY DANGEROUS AND THAT IT IS HIGHLY RECOMMENDED THAT CUSTOMER HIRE A PROFESSIONAL GARAGE DOOR REPAIR/INSTALLATION COMPANY TO PERFORM ANY INSTALLATION, REPAIR OR ADJUSTMENT. IF CUSTOMER CHOOSES TO PERFORM ANY INSTALLATION, REPAIR OR ADJUSTMENT OF PRODUCT(S) WITHOUT PROFESSIONAL ASSISTANCE, CUSTOMER IS PROCEEDING AT THEIR OWN RISK.

TORSION SPRING WARNING. CUSTOMER ACKNOWLEDGES THAT THE TORSION SPRING PRODUCT IS UNDER HIGH TENSION AND REQUIRES SPECIAL TOOLS FOR ADJUSTMENT. BECAUSE OF THE HIGH TENSION, THE TORSION SPRING AND ANY PART ASSOCIATED WITH THE COUNTERBALANCE SYSTEM SHOULD BE ADJUSTED ONLY BY A PROFESSIONAL. THESE PARTS INCLUDE: THE SPRINGS, THE CABLES, THE CORNER BRACKETS ATTACHED TO THE CABLES, THE CABLE DRUMS, AND THE CENTER BEARING BRACKET THAT HOLDS THE TORSION SPRING SHAFT. CUSTOMER FURTHER ACKNOWLEDGES THAT IMPROPER ADJUSTMENT OR INSTALLATION OF THE TORSION SPRING PRODUCT OR ANY PART/TOOL ASSOCIATED THEREWITH MAY RESULT IN SERIOUS INJURY OR DEATH. ACCORDINGLY, CUSTOMER AGREES THAT ADJUSTING OR INSTALLING THE TORSION SPRING PRODUCT WITHOUT PROFESSIONAL ASSISTANCE CAN BE EXTREMELY DANGEROUS AND THAT IF CUSTOMER CHOOSES TO FOREGO PROFESSIONAL ASSISTANCE, CUSTOMER IS PROCEEDING AT THEIR OWN RISK.

2. Adjustment or Installation by Qualified Technician Only. Customer agrees that Product(s) are not intended to be adjusted or installed by the general user and that any adjustment or installation of the Product(s) should only be performed by a qualified technician.

3. Release of All Claims against Provider. Customer hereby agrees to release Provider from any and all claims and liabilities for personal injury or property damage, including damage to the unit under installation or repair or other equipment, which occurs as a result of either adjustment or installation of the Product(s).


4. No Liability for Consequential Damages. IN NO EVENT SHALL PROVIDER BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE PRODUCT(S) OR DEFECTS IN THE PRODUCT, INCLUDING LOST PROFITS, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGE FOR PERSONAL INJURY, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PROVIDER’S LIABILITY FOR ANY CLAIM, LOSSES, DAMAGES OR INJURY, WHETHER CAUSED BY BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE FEE PAID BY YOU FOR THE PRODUCT.

5. Termination of Warranty on Product. Customer agrees that if Customer chooses to install the Product without the assistance of a professional, Customer will bear sole responsibility for any damage occurring during adjustment or installation of the Product(s), and that any such damage will avoid any warranty rights Customer may have in the Product(s).

6. Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written agreements with respect to the subject matter contained herein. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.