Indemnification
You agree to defend, indemnify and hold harmless Retractableawnings.com Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Retractableawnings.com Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Retractableawnings.com Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.
Product options
Retractableawnings.com Inc. highly recommends the purchase of options such as backup manual override, a wind sensor, a motion sensor and a rain/sun sensor. Retractableawnings.com Inc. is not responsible for injury to a person or damage to property or to the product itself resulting from either not purchasing or not using one or more of the above items.
Payments and refunds
All orders are to be paid for in full in advance due to the custom-made nature of our products. That is, all payments must occur in full when an order is placed. In addition, all sales are final and all orders cannot be canceled under any circumstances as all of our products are custom made and cannot and will not be used for another customer. Once payment is tendered (regardless of the method of payment) the order is considered non-cancellable and cannot be canceled under any circumstances.
If the product, shipping, or installation is somehow not paid for in full for any reason whatsoever the warranty/guaranty on the product and installation is invalid and does not apply.
Production and delivery time
Retractableawnings.com Inc. production and delivery times as stated for each model on Retractablawnings.com are approximate and cannot and will not be guaranteed either verbally or in writing.
Ocean freight or air freight for items shipped from outside the continental USA
For all products shipped from outside the USA, RetractableAwnings.com will quote and provide an estimated cost for ocean freight, insurance, and duty to the US cost prior to the order being placed. The final cost for ocean freight, insurance, and duty to the US is subject to change, and to the actual, final invoice costs for ocean freight, insurance, and duty.
LTL (less than truckload) freight for items shipped within the continental USA and Canada
Certain locations (known as remote locations) have a destination surcharge depending on zip code. Those states are as follows: AR, AZ, CA, CO, FL, MA, MI, MS, MT, NC, NM, NV, OR, TN, TX, UT, VA, WA, WI, WY.
For Canada, some 3-digit postal codes may also have a surcharge. You will be notified at the time of order what the surcharge is (if any).
For all products shipped from within the USA, or USA to Canada, RetractableAwnings.com will quote and provide an estimated cost for LTL freight prior to the order being placed. The final cost for LTL freight is subject to change, and to the actual, final invoice costs for LTL freight whether obtained prior to the LTL shipment or post shipment.
Faulty product under warranty
Should a client of Retractableawnings.com Inc. have a defective part/component that is under warranty, the client will need to send digital pictures of the damaged part and return the part/component to be tested prior to a replacement being shipped. Retractableawnings.com does not pay for the shipping of a new part/component labor/trip charges incurred by a local installer/contractor due to a faulty/defective part. This is standard practice in the awning/sun protection industry.
Please note that allowing rainwater, hail or snow, or any other heavy item to collect on a folding lateral arm awning will damage the frame, rip the fabric and cause the arms to snap. None of these causes of ripped fabric, broken frame, or broken arms is covered under the frame, fabric, or Tenara thread warranties.
Complaints
If an existing customer files an online complaint or negative review on any review or other website OR with any non-government or government organization OR in any other location including and not limited to print media, television stations, radio stations, etc. FOR NO VALID REASON(S) then the warranty/guarantee on the entire product purchased (including installation if applicable) is automatically void until the complaint is removed by the customer. In addition, no additional items on an existing order will be shipped and replacement parts, if needed in the future, will not be provided until the review or complaint is removed.
Retractableawnings.com cannot and will not initiate a complaint or review removal request. The removal of the complaint or review must be from the customer. This policy prevents customers from filing negative reviews and complaints in an attempt to damage our excellent reputation WITHOUT VALIDATION.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. The user and Retractableawning.com Inc. agree to submit to the personal & exclusive jurisdiction of the court system located within Miami Dade County in the State of Florida.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.