These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word “Customer” and “You” or “Your”, they refer to you. Where we use the term “the Company” or “Dorchester Awning” - this means Dorchester Awning Company LLC. These terms and conditions of the Terms of Service cannot be varied or amended.
WHAT IS INCLUDED.
Included in each quote/invoice is an itemized price list for the charge related to the arrival of our crew to the designated location (“Your Location”), removal of the awning, storage, and reinstallation of your awning (“Storage”), the time and date requested to complete your Storage, and the addresses the crew will be working.
WHAT IS NOT INCLUDED IN OUR QUOTES.
Our quote, unless otherwise stated, does not include:
- Repair or replacement of any of your awnings or any component thereof.
- Cancellation/ postponement fees.
- Insurance - Company recommends the Customer to arrange insurance to cover Customer awning or premises.
- Any fees or taxes payable to government bodies or agencies.
- Damage to the awning caused by any factor, including fire, flood, mold, theft, negligence, or intentional acts.
ADDITIONAL CHARGES.
Unless already included in the Company Quotation, reasonable additional charges will apply in the following circumstances:
- Repair of damaged awning or any component thereof.
- Additional work required because of other related damage to structure supporting your awning.
- 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.
- Additional work as a result of inability to remove or install your awning because of changes to our schedule.
- The Customer, or their Agents, request collection or access to the Customer’s awning while in storage.
YOU MUST HAVE LEGAL RIGHTS TO THE AWNING BEING STORED.
By entering into this Agreement, you represent, warrant, and guarantee that the awning to be removed, stored and reinstalled are Your property free of any legal charge; or You have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.
If at any time following the effective date of this Agreement another person has or obtains an interest in the awning Customer will advise Company of their name, telephone number and address in writing immediately (“New Owner”). The New Owner shall be made part to this Agreement. Customer agrees to fully indemnify and hold harmless the Company, its members and its representatives from any damages, loss, cost or liability including legal fees and the cost of enforcing this indemnity arising out of or resulting from any breach of this Section, or of any claim brought or made by a third party related to ownership of the awning.
This Agreement with the Customer will remain in force until the Company has received an executed Agreement from the third-party. This Agreement may only be assigned to a third-party with the prior written consent of the Company. If assigned, the Company will need the name, phone number address and email address of the assignee. The assignee shall become party to a new agreement of terms and service.
SCHEDULING.
After receiving a quote, the Customer is responsible for notifying the Company of the date of which you intend for the removal and installation of Your Awning. You are responsible for notifying Dorchester Awning of any date changes, postponements, or cancelations at least 72 hours in advance of the original scheduled date of service. A seventy-two (72) hour notice is required in order to avoid a cancellation/rescheduling fee for Storages scheduled. A rescheduling fee may be required, if normal moving resources are not available that day and create a condition where Company has to rent or hire additional moving resources to accommodate Customer’s rescheduled Storage date, for which You will be responsible.
The Company is not responsible for loss or damage to premises or property of the customer or others or damage as a result of removal, storage or installation awning against our advice.
PAYMENT.
Dorchester Awning requires payment of the total order (removal, storage, and installation) due at the time of scheduling the removal of the Awning. Dorchester Awning shall retain possession of the customers awning pending receipt of the entire purchase price. We have no obligation to reinstall or return the customers awning until the agreed-upon balance of the contract has been paid. We may dispose of the Customers awning if it is not claimed within 12 months.
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.
OUR LIABILITY.
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. Customers forfeit their deposit and will be charged a minimum of one hour of labor, at the Company's 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 reconnecting any electrical, gas or plumbing items.)
Company is not held liable for delays caused by inclement weather or other act(s) of God.
Dorchester Awning shall not be responsible for loss or damage to Customer’s Awning due to storms, flood, fire, arson, negligence, theft, mechanical breakdowns or act of God or injury or death to persons during installation, storage or removal of the awning. Buyer shall indemnify Dorchester Awning and hold it harmless from any claims for any of the foregoing.
In no event shall Dorchester Awning be liable for direct, indirect, special, incidental, or consequential damages (including loss of profits) whether based on contract, tort, or any other legal theory. Any defects or discrepancies in the awning materials as delivered or installed must be reported to Dorchester Awning within five (5) days after the Customer receives the awning materials or it will be conclusively presumed that the awning materials were received in good condition. Notice to Dorchester Awning of any defects, discrepancies, or objections must be delivered in writing via certified or registered mail to the address shown on the face of this agreement.
Limitations
THE SOLE RESPONSIBILITY OF DORCHESTER AWNING UNDER THIS LIMITED WARRANTY SHALL BE TO REPAIR AND REPLACE PARTS OR PROVIDE FOR A REASONABLE ALLOWANCE (at the discretion of Dorchester Awnings). ALL OTHER OBLIGATIONS OR LIABILITIES INCLUDING INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF THE FAILURE OF ANY PARTS TO OPERATE PROPERLY OR AS A RESULT OF REMOVAL, STORAGE OR INSTALLATION, ARE HEREBY EXCLUDED, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OR USE, INCONVENIENCE, LOSS OF TIME, COMMERCIAL LOSS OR ANY OTHER TYPE OF DAMAGES, GENERAL OR SPECIFIC, FORESEEN OR UNFORESEEN, UNLESS APPLICABLE MASSACHUSETTS LAW PROVIDES OTHERWISE.
Disclaimers
THIS
WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATION, INCLUDING THE IMPLIED WARRANTY FOR A PARTICULAR PURPOSE. DORCHESTER AWNING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO DORCHESTER AWNING, LLC WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. NO ONE, IS AUTHORIZED TO MAKE FURTHER OR ADDITIONAL WARRANTIES ON BEHALF OF DORCHESTER AWNING.
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR INTENDED USE ARE HEREBY WAIVED, UNLESS ANY APPLICABLE STATE LAW PROVIDES OTHERWISE.
Storage of Your Personal Information.
We keep your personal information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain personal information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws as set out in our data retention policy and information handling standards. Generally, this means we retain your personal information to comply with any payment obligations, retention compliance obligations, or statutory requirements or for purposes of performing a contract with you. Where there are technical limitations that prevent deletion or anonymization, we safeguard personal information and limit active use of it through implementing appropriate organizational technical and security measures.
DISPUTES.
In any litigation, the prevailing party shall be entitled to recover from the losing Party reasonable attorney’s fees and other costs and expenses of the arbitration or litigation as awardee by the Court. The parties each waive their right to trial by jury.
APPLICABLE LAW.
This Agreement is governed by and 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, at the Company’s election, be brought in Plymouth County, Massachusetts.
Dorchester Awning reserves the right to amend these terms and conditions at our discretion.
UPDATED: February 26, 2024
