terms & conditions
1. ARBITRATION. Customer agrees that any Dispute between Customer and Quest Exteriors will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA). The arbitration will be conducted by submission of documents, by telephone, online or in person. Any decision rendered in such arbitration proceeding will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party commence a Dispute in a forum other than AAA, the arbitrator may award the other its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this provision. Customer understands and agrees that, in the absence of this provision, Customer would have a right to litigate Disputes through a court and Customer has knowingly and expressly waived that right and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. In the event that AAA is unavailable to perform the arbitration services contemplated by this section, either party may make an application to a court of competent jurisdiction to designate and appoint an arbitrator pursuant to Section 5 of the Federal Arbitration Act (9 U.S.C. § 5). For purposes of this section: (I) the term “Customer” means the original purchaser and his, her or its agents, affiliates, beneficiaries or heirs; (ii) the term “Dispute,” means any dispute, controversy or claim arising out of or relating to: (a) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof; (b) the purchase or use of any product, accessory, service or otherwise from Quest Exteriors; or (c) any other dispute arising out of or relating to the relationship between Customer and Quest Exteriors; and (iii) the term “Quest Exteriors” means its subsidiaries, affiliates, directors, officers, members, employees, beneficiaries, agents or assigns. Information may be obtained from AAA online at www.adr.org, by calling (800) 778-7879 or by writing to 1633 Broadway – 10th Floor, New York, NY 10019.
2. AUTHORITY. Quest Exteriors reserves the right to cancel this Agreement at any time for any reason prior to ordering materials for the project.
3. SUBCONTRACTING. Quest Exteriors or its Associates shall furnish and install all materials and, at its option, either perform or subcontract all labor according to the specifications outlined herein to Customer. Except as set forth herein, Quest Exteriors assumes no responsibility for meeting any requirements or warranties of its Associates.
4. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. Except as expressly set forth in writing by Quest Exteriors or its Associates, neither Quest Exteriors nor any of its respective agents make any warranties of any kind, either express or implied, of merchantability, suitability or fitness for a particular purpose with respect to the products and/or services provided under this Agreement. Quest Exteriors cumulative liability to Customer and all other parties for any loss or damages resulting from any claims, demands or actions arising out of or relating to this Agreement shall not exceed the total amount paid to Quest Exteriors under this Agreement. Quest Exteriors or its Associates shall not be liable for any special, incidental, consequential, exemplary, punitive or other indirect damage, or for lost profits arising out of the products or services provided herein even if Quest Exteriors or its Associates has been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations and/or exclusions may not apply. In the event that the above referenced limitation of liabilities and/or disclaimer of warranties are prohibited, the parties hereby agree that the liability of Quest Exteriors and its respective agents shall be limited to the greatest extent permitted by law. All products installed by Quest Exteriors are covered by the Manufacturers warranties.
5. FORCE MAJEURE. In the event that Quest Exteriors are delayed or hindered in, or prevented from, its performance of any obligation of this Agreement as a result of strikes, lockouts, shortages, or failure of supply of labor, fuel or materials, acts of God, causes associated with weather, acts or requirements of any public authority, enemy act, act of war, act of terrorism, civil disorder or commotion, fire or other casualty, or any other cause or circumstance beyond our reasonable control, then the performance of such obligation shall be excised for the period of such delay, hindrance or prevention and the period for the performance of such obligation shall be extended by the number of days equivalent to number of days of such delay, hindrance or prevention.
6. MINIMUM DEPOSIT. To secure your materials to be ordered for the services contained herein, a minimum deposit of 50% is required at the time of signing this Agreement.
7. PAYMENT TERMS. The Balance is due on the day of completion. This Agreement is not considered paid in full until all checks, money orders or other forms of payment are deposited and clears the bank. Should Customer’s funds not clear the bank, this Agreement is not considered paid in full. Interest will be charged on all outstanding amounts at the greater of: (I) 1.5% per month (18% APR); or (ii) the maximum statutory interest rate permitted by applicable law. In the event that Customer fails to satisfy the total “Balance Due” within thirty (30) days of the completion of work, Quest Exteriors reserves the right to take any action permitted under law. All checks returned for NSF, a charge of $50.00 will be added to the balance due.
8. ENTIRE AGREEMENT. This Agreement, together with Quest Exteriors or its associates estimate, installation requirements, disclosures, Technical Data Sheets (and any schedules and exhibits attached thereto), constitutes the final, complete and exclusive agreement between the parties with respect to the services or products described herein, and supersedes any prior or contemporaneous oral or written agreement, proposal warranties and representations. This Agreement prevails over any conflicting or additional terms of any estimate, order, invoice, or other communications, whether written or oral.
9. SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.