Terms & Conditions

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The Company hereby warrants all materials to be as specified and that all work shall be performed in a workmanlike manner, according to accepted standard practices.

 

THIS EXPRESS WARRANTY EXCLUDES ALL OTHER AGREEMENTS, REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

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The Buyer understands that all vinyl-coated and fabric materials will expand and contract when exposed to changing temperatures and weather conditions. These materials may be used to construct awnings, trim, and binding, and the Company cannot warrant these materials against wrinkling or shrinkage. Any necessary sewing or stitching of material will be done with white thread.

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Acrylic material is not impermeable, and it tends to leak when wet (e.g. Sunbrella, Dickson Constant, Mercedes, etc.). The Buyer shall have a manufacturer’s limited prorated warranty on fabric (material only)—whether vinyl-coated or other fabric types—provided the awning has been maintained and cleaned regularly. The Buyer’s failure to do so could result in the fabric not meeting its intended life expectancy and will VOID this warranty. The Company recommends cleaning every three months.

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Lateral arm awnings (“Retractable Awnings”) are designed for sun protection only, not rain protection. The Company cannot warrant Retractable Awnings against collapse or damage from rain, severe weather, or winds above 30 MPH. The Buyer is advised to keep these awnings retracted during such conditions. The Company recommends use of only 100% Acrylic Fabric for Retractable Awnings—use of any other fabric voids the warranty.

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The Company shall not be responsible for loss or damage to the Buyer’s business or property, or for injury or death to persons; the Buyer shall indemnify the Company and hold it harmless from any such claims.

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The parties agree that the Buyer’s sole and exclusive remedy is repair or replacement of defective materials delivered by the Company. In no event shall the Company be liable for direct, indirect, special, incidental, or consequential damages (including lost profits), whether in contract, tort, or any other legal theory. Any defects or discrepancies in the materials as delivered or installed must be reported in writing via certified or registered mail within twenty (20) days after receipt—otherwise, the materials are conclusively presumed to have been as ordered and in good condition.

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It is expressly provided that, although materials have been described herein, materials delivered shall be deemed to correspond with their description if they match the sample produced for, examined, and selected by the Buyer. Since aesthetics are important and the Company’s services transform canvas and metal into pleasing designs, it may be necessary to alter the Buyer’s layout and/or specifications to conform to available materials, acceptable tolerances, or engineering/regulatory constraints. The Company reserves the right to make such changes. The Company also reserves the right to cancel the contract if governmental or permitting-authority engineering changes increase materials or labor costs by more than 5%.

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THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY FRAME NOT BUILT OR INSTALLED BY US UNLESS WE ARE AUTHORIZED BY THE BUYER TO REBUILD IT TO THE COMPANY’S SPECIFICATIONS.

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All awning materials used by the Company have been treated with a mildew inhibitor. Mildew is a micro-organism that can grow on materials, metal, glass, or plastics. WE OFFER NO GUARANTEE THAT MILDEW WILL NOT OCCUR.

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This contract is for a special order of custom-fabricated goods and materials, and the Buyer may not alter, revoke, or cancel it without the Company’s written consent.

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Estimated delivery is subject to contingencies beyond the Company’s control (fires, strikes, lockouts, material or labor shortages, transportation delays, inclement weather, accidents, Acts of God, or Buyer unavailability). Delivery will be extended by an equal duration if any such contingency occurs.

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The Buyer agrees to pay the full balance immediately upon completion and delivery; time of payment is of the essence. No back charges are accepted. The Company retains title to all goods until full payment is received.

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If the Buyer defaults in payment, the Company may:

· Repossess the property without judicial action; all prior payments shall apply as rent/depreciation.

· Re-enter the Buyer’s premises to remove the property.

· Bring legal action to collect amounts due.

· Enforce or foreclose any lien without further notice.

· Pursue any other legal or equitable remedy.

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The Buyer agrees to pay reasonable attorney fees and costs incurred by the Company enforcing its rights, including fees for judgment enforcement or appeals. Any legal action shall be governed by California law and may be brought in San Diego County or another county necessary to enforce lien rights.

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This proposal expires thirty (30) days after issuance and may be withdrawn before written acceptance. The agreement’s terms can only be modified by a written document signed by both parties.

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Any delay by the purchaser after acceptance may result in a price change reflecting labor or material cost changes.

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A charge of 1½% per month (18% per annum) or a fraction thereof will be added to all delinquent accounts.

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Occasionally after installation, “pinholes” may appear in the awning cover. This does not reflect fabric quality and does not affect long-term performance. If pinholes occur, the Company will address them to prevent water penetration and will provide a written guarantee that the cover will not fail due to those original pinholes for five (3) years from installation.

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Environmental exposure may cause the cover to fade, become brittle or hard, or lose surface material due to “plasticizer migration.” Removing aged covers may reveal pinholes, cracks, small tears, wrinkles, or crazing; and attract dirt, smudges, and marks. The Company cannot guarantee or remedy these conditions when removing older covers. The Buyer acknowledges that awnings and marine canvas are not impermeable and will leak; the Company does not warrant leaks or wrinkles in canvas or vinyl awnings or marine canvas.

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The Buyer acknowledges that awnings and marine canvas are not impermeable and will leak; the Company will not warrant leaks or wrinkles in canvas, vinyl awnings, or marine canvas.