Contents Updated: 06/01/22
Terms and Conditions of Sales
Awnings By Russ Et al:
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.
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 warranty these materials against wrinkling and shrinkage. Any necessary sewing or stitching of material will be done with white thread.
Acrylic material is not waterproof. It tends to leak when wet. (Sunbrella, Dickson Constant, Mercedes. etc.) The buyer shall have a manufacturer’s limited prorated warranty on fabric (material only), whether manufactured from vinyl-coated fabric or other fabric types, provided the awning has been maintained and cleaned regularly. The Buyer’s failure to maintain and clear the awning regularly could result in the fabric not meeting its intended life expectancy and voiding this warranty. The Company recommends cleaning every three months.
Lateral arm awnings (“Retractable Awnings”) are designed for sun protection only, not for rain protection. The Company cannot warrant Retractable Awnings against collapse or damage resulting from rain, severe weather, or winds above 30 m.p.h. During such time, the Buyer is advised to keep these awnings retracted. The Company recommends that Buyer use only acrylic fabric with Retractable Awnings, use of any other fabric voids the Company’s warranty.
The Company shall not be responsible for loss or damage to Buyer’s business or property or injury or death to persons; Buyer shall indemnify the Company and hold it harmless from any claims for any of the foregoing.
The parties agree that the Buyer’s sole and exclusive remedy against the Company shall be for the repair or replacement of any awning materials, which are defective when delivered. In no event shall the Company 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 the Company within twenty (20) days after the Buyer receives the awning materials or it will be conclusively presumed that the awning materials were as ordered and were received in good condition. Notice to the Company 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.
It is hereby expressly provided that although the said materials have been hereinbefore described, the materials delivered by the Company hereunder shall be deemed to correspond with their description, when they correspond with the sample which has been produced to, examined, and selected by the Buyer. Since aesthetics is an important factor in our industry and since the Company’s services are essential to transform canvas and metal into pleasing designs, it is sometimes necessary to alter the Buyer’s layout and/or specifications to make them conform to available materials, acceptable tolerances and engineering or regulatory constraints. The Company reserves the right to make such changes. The Company also reserves the right to cancel this contract if engineering changes required by a governmental entity or permitting authority increase the Company’s materials and/or labor costs by more than 5%.
THE COMPANY WILL NOT BE RESPONSIBLE FOR THE USEFULNESS OF ANY FRAME NOT BUILT OR INSTALLED BY US UNLESS WE ARE AUTHORIZED BY THE BUYER TO REBUILD THE SAME TO THE COMPANY’S SPECIFICATIONS. All awning materials used by the Company have been treated with a mildew inhibitor. Mildew is micro-organic bacteria, which can grow on any material, metal, glass, or plastics, BUT WE OFFER NO GUARANTEE WHATSOEVER THAT MILDEW WILL NOT OCCUR.
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.
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 an equal duration to the extent of the duration of such contingency.
Buyer agrees to pay the Company the full balance of the purchase price immediately upon completion and delivery of the material and work to the Buyer and the time of such payment shall be of the essence. No back charges will be accepted. The Company shall retain title to all goods pending receipt of the entire purchase price.
The Buyer covenants and agrees that upon his default by the failure to pay any part of or the entire purchase price when due or otherwise, the Company shall, at its option, have the right to:
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 Buyer’s possession. Permission is granted to re-enter the property to remove said property; the Company is granted permission to re-enter the Buyer’s land or structure to remove said property; and/or,
Bring legal action to collect all monies due to the Company under the terms of this agreement; and/or,
Enforce and foreclose a lien against the said property without further notice to the Buyer; and/or,
Pursue any other remedy available to said the company in law or equity.
The Buyer covenants and agrees to pay reasonable attorney’s fees and costs to the Company in the event the Company incurs such fees and costs in enforcing its rights under the terms of this contract, including attorney’s fees incurred in obtaining and enforcing a judgment and/or pursuing on defending an appeal. Any legal action brought by either party shall be governed by California law and shall, at the Company’s election, be brought in Los Angeles County, California, or a different county if necessary to enforce the Company’s lien rights or other remedies.
This proposal by the Company shall expire thirty (30) days after the date of issue but is subject to withdrawal during such time if notice to that effect is given before written acceptance by the Buyer. The only terms of the agreement between the Buyer and the Company are those outlined in this document, and these terms may be changed or modified only by writing signed by both parties.
After acceptance of this proposal, any delay by the purchaser 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.
Occasionally after installation, “pinholes” can be found in the awning cover. This is not a result of fabric quality and does not affect the long-term performance of your awning cover. Should this occur, we will address the pinholes to keep water from coming through your awning cover. Once we have addressed this issue, we can guarantee, in writing, that your awning cover will not fail as a direct result of the original pinholes, for five (5) years from the date of installation.
Over time, awnings experience a great deal of environmental hardship from day-to-day exposure to the elements. This exposure may cause the awning cover to fade and lose color, become brittle and hard or even lose material surface from what is known as “plasticizer migration”. Given these conditions, we know that removing a cover that has aged may result in any combination of the following conditions; “pinholes”, cracks, small tears, wrinkles, and/or “crazing”. Also, once older awning covers are removed from the frame, they tend to readily attract dirt, smudges, and marks. Therefore, if your awning cover has outlived its life expectancy and we remove it from the frame for storage, cleaning, and/or maintenance, we cannot guarantee or provide a remedy against the above possible conditions. The buyer acknowledges that awnings and marine canvas are not waterproof and will leak, the company will not warranty leaks or wrinkles to canvas and vinyl awnings and marine canvas. The buyer acknowledges that awnings and marine canvas are not waterproof and will leak; the company will not warranty leaks or wrinkles to canvas and vinyl awnings and marine canvas.
ABR AWNINGS PRIVACY STATEMENT
Contents Updated: 04/20/22
Welcome to www.awningsbyruss.com. The www.awningsbyruss.com website (the “Site”) is comprised of various web pages operated by (“Awnings By Russ”). www.awningsbyruss.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.awningsbyruss.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Electronic Communications Visiting www.awningsbyruss.com or sending emails to Awnings By Russ Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing. Awnings By Russ Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.awningsbyruss.com only with the permission of a parent or guardian. Links to third-party sites/Third-party services www.awningsbyruss.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Awnings By Russ Company and Awnings By Russ Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Awnings By Russ Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Awnings By Russ Company of the site or any association with its operators.
Certain services are made available via www.awningsbyruss.com and are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.awningsbyruss.com domain, you hereby acknowledge and consent that Awnings By Russ Company may share such information and data with any third party with whom Awnings By Russ Company has a contractual relationship to provide the requested product, service or functionality on behalf of www.awningsbyruss.com users and customers.
You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Awnings By Russ Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Awnings By Russ Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Awnings By Russ Company and the copyright owner.
You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Awnings By Russ Company or our licensors except as expressly authorized by these Terms.
International Users The Service is controlled, operated and administered by Awnings By Russ Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Awnings By Russ Company Content accessed through www.awningsbyruss.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification You agree to indemnify, defend and hold harmless Awnings By Russ, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Awnings By Russ Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Awnings By Russ Company in asserting any available defenses.
Release of Liability You recognize that there are certain inherent risks associated with the installation and use of the products sold on the Site and you assume full responsibility for personal injury to yourself and (if applicable) any other persons who may install or use the products, and further release and discharge Awnings By Russ Company for injury, loss or damage arising out of your or any other person’s installation or use of the products sold on the Site, whether caused by the fault of yourself or any other person or entity.
You agree to indemnify and defend Awnings By Russ Company against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from your or any other person’s installation or use of the products sold on the Site.
Termination/access restriction Awnings By Russ Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Awnings By Russ Company as a result of this agreement or use of the Site. Awnings By Russ Company’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of Awnings By Russ Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Awnings By Russ Company concerning such use. If any part of this agreement is determined to be invalid or unenforceable according to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Awnings By Russ Company concerning the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Awnings By Russ Company concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms Awnings By Russ Company reserves the right, in its sole discretion, to change the Terms under which www.awningsbyruss.com is offered. The most current version of the Terms will supersede all previous versions. Awnings By Russ Company encourages you to periodically review the Terms to stay informed of our updates.
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