TERMS AND CONDITIONS OF USE

The following Terms and Conditions form a part of the agreement on the face hereof  between the Customer and Easy Flip Garage Doors Inc. ,

 

1. Cancellation.

a) Customer has the right to cancel thispurchase agreement within 3 business days of date of purchasewithout any financial consequences and/or costs to customer (all cancellation requests must be made in writing with customer's signature). Customer is fully aware that requesting a special order (custom made doors or unique request or items not in stock, etc.) from Easy Flip Garage Doors Inc. will constitute a full waiver of customer cancellation right and customer will be financially liable for all work performed and or full cost of products as per this agreement.

2. Dates and Prices.

a) All installation commencement dates indicated on the face hereof are approximate and subject to Easy Flip Garage Doors’ availability schedule. Easy Flip Garage Doors will make reasonable efforts to meet the date(s) quoted. However, Easy Flip Garage Doors will not be liable for its failure to meet the quoted dates or for any delay in performance hereunder due to unforeseen circumstances or shortages, due to causes beyond its control, or due to its voluntary or mandatory compliance with any governmental act, regulation, or request. If, by reason of such circumstances, Easy Flip Garage Doors’ supplies of the equipment or service (hereinafter the Product(s) covered hereby) are limited, Easy Flip Garage Doors shall have the right to allocate the available supply among its customers in such manner as it, in its sole discretion, determines appropriate.

b) Should Customer requests a change in the estimated installation or completion dates or otherwise cause delay in delivery or request that the Products be shipped to a location other than the location of original delivery or request any work other than as provided hereunder, the prices established by hereunder shall no longer apply.

3. Plans.

Customer agrees to review and to authorize in writing all designs, Products and installation instructions prior to the start of any work hereunder. Easy Flip Garage Doors Inc. assumes no obligation and shall have no liability with respect to work carried out by Easy Flip Garage Doors Inc. in accordance with the terms of such designs, Products or instructions.

 

4. Inspection.

Customer shall inspect the work completed by Easy Flip Garage Doors hereunder immediately upon receipt of notice from Easy Flip Garage Doors Inc. that the order is complete, and shall, within three (3) business days after receipt, give written notice to Easy Flip Garage Doors Inc. of any claim for work that does not conform with the terms of this contract. If Customer shall fail to give such notice, the work shall be deemed accepted and to conform to the terms of the contract of sale, and Customer shall be bound to pay for the work in accordance with the terms hereof.

 

5. Taxes.

Customer is responsible for the ultimate payment of all sales tax or otherwise, where Customer claims that a transaction is not subject to any such tax, that Customer is exempt, or that Easy Flip Garage Doors Inc. is not required to collect such tax, Customer agrees to provide Easy Flip Garage Doors Inc.  with any documentation necessary to support such a claim.

 

6. Installation. 

Installation services and labor are not included in the purchase price of the Products sold hereunder. It is highly recommended that the job be performed by an experienced Garage Door Technician for safety reasons.  Easy Flip Garage Doors Inc. assumes no obligation regarding improperly installed products and shall have no liability with respect to work carried out by a personnel or technician (except Easy Flip Inc’s Technician) hired by the homeowner.

 

For Products requiring installation by Easy Flip Garage Doors Inc. ’s service personnel, it is the responsibility of Customer to prepare the site environmentally and provide the required services, power, permits, licenses, approvals (if required) etc. Failure to do so, prior to Easy Flip Garage Doors Inc. ’s service personnel arriving at Customer’s site on the mutually agreed upon installation date, will result in a service charge by Easy Flip Garage Doors Inc.  to cover the lost time of its service personnel. Because Easy Flip Garage Doors Inc. ’s service personnel will be required to enter upon Customer’s premises, Customer hereby undertakes to maintain its premises in a safe condition and to comply with all applicable laws, statutes and regulations governing workplace health and safety, and hereby accepts full responsibility for any harm or injury to, or liability arising from work performed by, Easy Flip Garage Doors Inc. ’s personnel while on Customer’s premises, except to the extent caused solely by the gross negligence or willful misconduct of Easy Flip Garage Doors Inc.’s personnel.

 

7. Limited Warranty 

a) Warranty.
i) Easy Flip Garage Doors Inc. warrants to Customer that the Products sold to Customer are, at the time of shipment to Customer from Easy Flip Garage Doors Inc. , free from defects in materials and workmanship. ii) With respect to claims for workmanship, this warranty shall be valid for a period of 12 months from the date of installation. Notwithstanding anything to the contrary contained herein, the warranty period for equipment installed by Easy Flip Garage Doors Inc. , including Garage doors, Garage Doors opener’s mechanical and electronic interfaces and all similar devices, is in all cases limited to the warranty provided by the relevant manufacturer. iii) The warranty herein applies only to Customer as the original purchaser from Easy Flip Garage Doors Inc. and may not be assigned, sold or otherwise transferred to any third party. iv) As Customer’s sole and exclusive remedy under this warranty, Easy Flip Garage Doors Inc.  agrees either to repair or replace, at Easy Flip Garage Doors Inc. ’s sole option, any part or parts of such material which, under proper and normal conditions of use, proves to be defective within the applicable warranty period. Alternatively, Easy Flip Garage Doors Inc.  may at any time, in its sole discretion, elect to discharge its warranty obligation hereunder by accepting the return of any defective Product pursuant to the terms set forth herein and refunding the purchase price paid by Customer. v) This warranty does not cover loss, damage, or defects resulting from improper or inadequate maintenance by Customer, Customer-supplied materials, unauthorized modification or misuse, operation outside of the environmental specifications for materials or improper site preparation or maintenance, repair’s performed by Easy Flip Garage Doors Inc. ’s technicians on existing garage doors or garage door openers not purchased from Easy Flip Garage Doors Inc. . vi) No warranty is made with respect to used, reconstructed, refurbished or previously owned materials, which will be so marked on the face hereof and, unless otherwise indicated on the face hereof, shall be sold, “As Is”.

 

EASY FLIP GARAGE DOORS INC.  MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED HEREIN ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, EASY FLIP GARAGE DOORS INC.  SHALL NOT BE LIABLE FOR ANY IN- DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE DESIGN, MANUFACTURE, SALE, DELIVERY, INSTALLATION, SERVICE OR USE OF THE PRODUCTS, EASY FLIP GARAGE DOORS INC.  NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, DELIVERY, INSTALLATION, SERVICE OR USE OF THE PRODUCTS CUSTOMER’S ACCEPTANCE OF ANY QUOTATION IS EXPRESSLY SUBJECT TO CUSTOMER’S ASSENT TO EACH AND ALL OF THE TERMS AND CONDITIONS SET FORTH IN EASY FLIP GARAGE DOORS INC. ’S QUOTATION, AND CUSTOMER’S ASSENT TO THESE TERMS AND CONDITIONS OF SALE SHALL BE CONCLUSIVELY PRESUMED FROM CUSTOMER’S SUBMISSION OF ITS PURCHASE ORDER. NO ADDITION TO OR MODIFICATION OF SAID TERMS AND CONDITIONS SHALL BE BINDING UPON EASY FLIP GARAGE DOORS INC.  UNLESS SPECIFICALLY AGREED TO BY EASY FLIP GARAGE DOORS INC.  IN WRITING. IF CUSTOMER’S PURCHASE ORDER OR OTHER CORRESPONDENCE CONTAINS TERMS OR CONDITIONS CONTRARY TO OR IN ADDITION TO THE TERMS AND CONDITIONS CONTAINED HEREIN OR IN EASY FLIP GARAGE DOORS INC. ’S QUOTATION, ACCEPTANCE OF ANY ORDER BY UGS SHALL NOT BE CONSTRUED AS ASSENT TO SUCH CONTRARY OR ADDITIONAL TERMS AND CONDITIONS OR CONSTITUTE A WAIVER BY EASY FLIP GARAGE DOORS INC. OF ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN OR IN EASY FLIP GARAGE DOORS INC. ’S QUOTATION. EASY FLIP GARAGE DOORS INC. ’S ACCEPTANCE OF CUSTOMER’S PURCHASE ORDER IS EXPRESSLY CONDITIONED ON CUSTOMER’S ASSENT TO THESE TERMS AND CONDITIONS. NO MODIFICATION OR WAIVER OF THESE TERMS AND CONDITIONS IS VALID, UNLESS CONFIRMED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF EASY FLIP GARAGE DOORS INC. .

 

8. Miscellaneous.
a) Excusable Delays.

Easy Flip Garage Doors Inc.  shall not be liable for delays in delivery or failure to manufacture or deliver goods due to acts of God, acts or failures to act of Customer, acts of civil military authority, fires, strikes, floods, epidemics, pandemics, attack, war, delays in transportation or other causes beyond Easy Flip Garage Doors Inc.’s reasonable control including without limitation, delays in obtaining or inability to obtain necessary labor, materials, components, or manufacturing facilities.

b) Governing Law.

The contract of sale shall be governed by and construed in accordance with the laws of the city of Guelph, ON without regard to its principles of conflict of laws, any disputes relating to the contract of sale between Customer and EASY FLIP GARAGE DOORS INC shall be adjudicated in the province or federal courts in Ontario, Canada and both parties hereby consent to the exclusive jurisdiction of said courts for purposes of any such litigation.

c) Confidential Data and Information.

If, in connection with the sale, purchase, use, or maintenance of the Products, EASY FLIP GARAGE DOORS INC.  is requested, required, or deems it advisable to furnish data or in- formation which it, in its sole discretion, deems proprietary, confidential, or both, EASY FLIP GARAGE DOORS INC.   shall not, in any event, submit or be required to furnish such data or information unless Customer enters into an agreement concerning the handling, use, copying, retention and return of such information, the form of which agreement is available to Customer on request.  EASY FLIP GARAGE DOORS INC. does not agree to accept any proprietary or confidential information of Customer in the absence of such a written agreement signed by an authorized representative of EASY FLIP GARAGE DOORS INC.

d) Assignment.

Customer may not assign, transfer or delegate any of its rights or obligations herein without the prior written consent of EASY FLIP GARAGE DOORS INC., and any purported assignment of such rights or obligations without such consent shall be null and void.

e) Severability.

If any provision herein is deemed unenforceable by court of competent jurisdiction, the other provisions shall remain in full force and effect as if the unenforceable provision has not been included.

 

 

TERMS AND CONDITIONS OF USE OF WWW.EASYFLIPGARAGEDOORS.CA WEBSITE

This website is operated by Easy Flip Garage Doors. Throughout the site, the terms “we”, “us” and “our” refer to Easy Flip Garage Doors. Easy Flip Garage Doors offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Easy Flip Garage Doors, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Easy Flip Garage Doors and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@easyflipgaragedoors.com.