These terms and conditions apply to products or services sold or offered by Dorchester Awning Company LLC (“Dorchester Awning”) to purchasers of those products or services (“You”, “Your”, or the “Buyer”).
Every building’s construction is different depending on the age of the home, and other factors. There are times that we need to move the awning to the right or left of the intended installation locations to ensure a secure physical connection to the home. If during installation, Dorchester Awning is unable to find any studs or rafters near enough to the awning to be usable, we will inform you before proceeding and discuss the options that are available to move forward.
Awnings are intended to be used as shading devices and are designed for sun protection only.
WHAT IS INCLUDED.
Included in each quote is an itemized price list for the product or service and the applicable sales tax due. Our quote, unless otherwise stated, does not include cancellation/ postponement fees.
ADDITIONAL CHARGES.
Unless already included in the Company Quotation, reasonable additional charges will apply in the following circumstances:
- Additional work required because of other structureal support needed.
- The entrance or exit to the facility or access to or around the awnings is inadequate for free removal or installation of the awning without mechanical or structural alteration, or the approach, road or drive is unsuitable for our vehicles and/or containers to load and/or unload within forty (40) feet of the doorway.
DELIVERY.
The estimated delivery date of this order is subject to contingencies beyond the control of the Company, including but not limited to fires strikes, lockout, inability to secure material, labor or transportation, inclement weather, accidents, Acts of God, and unavailability of the Buyer. In the event of the occurrence of such contingency, the estimated delivery date shall be extended by equal duration to the extent of the duration of such contingency.
NON-CANCELABILITY.
It is hereby expressly acknowledged, understood, and agreed that this is a contract for a special order of custom fabricated goods and materials and the Buyer cannot alter, revoke or cancel the same without the specific written consent of the Company.
PAYMENT.
Dorchester Awning requires payment of 50% of the total order (including sales taxes) upon acceptance of the quote. The remainder is due and payable upon completion of the installation or service.
The Customer covenants and agrees that upon his default by the failure to pay any part of or the entire price when due, or otherwise, Dorchester Awning shall, at its option, have the right to pursue the following:
a) Without judicial action, take possession of all said property and all payment made by the Buyer up to the time of said default shall be applied as rent and depreciation on said property for and during the time the property is in the Customer’s possession. Dorchester Awning is granted permission to re-enter Customer’s land, property or structure to remove said property; and/or,
b) Bring legal action to collect all monies due Dorchester Awning under the terms of this agreement; and/or,
c) Enforce and foreclose a lien against the said property without further notice to the Customer; and/or,
d) Void any warranties and pursue any other remedy available to said Dorchester Awning in law or in equity.
After acceptance of this proposal, any delay by the Customer may result in a change of price corresponding to any change in the cost of labor or raw materials.
A charge of 1-1/2% per month or a fraction thereof (18% per annum) shall be added to all delinquent accounts.
Payment can be made in cash, Certified Check, US Postal Money Order, Credit/Debit Cards. Credit or Debit cards may incur 4% surcharge at the discretion of the Company. There will be a $50 charge for any returned check.
OTHER.
We reserve the right not to service you under conditions that, at our sole discretion, we consider dangerous, unsanitary, abusive or contained outside the scope of the removal, storage or installation of awnings. In the event we exercise this right, we will not be liable to you or any other entity for direct or consequential damages. Customer forfeits their deposit and will be charged a minimum of one hour of labor, at the Companies discretion.
Dorchester Awning shall not be responsible for loss or damage to Buyer’s business or property or injury or death to persons during removal, storage, installation or after completion or during the use of the product. Buyer shall indemnify Dorchester Awning and hold it harmless from any claims for any of the foregoing.
Dorchester Awning will remove, store or install upon request. However, Dorchester Awning will not be held liable for disconnecting or reconnection any electrical, gas or plumbing items.)
Company is not held liable for delays caused by inclement weather or other act(s) of God.
The only terms of the agreement between the Buyer and Dorchester Awning are those outlined in this document, and the quote and these terms may be changed or modified only by writing signed by both parties.
WARRANTY.
Limited Warranty information can be found at www.dorchesterawning.com.
APPLICABLE LAW.
Massachusetts law governs all aspects of this Agreement and all matters between Dorchester Awning, and you shall be construed in accordance with the laws of the State of Massachusetts, without regards to its conflicts-of-laws principals. Any legal action brought by either party shall be governed by Massachusetts law and shall be brought in Plymouth County, Massachusetts.
Dorchester Awning reserves the right to amend these terms and conditions.
Effective February 26, 2024
