Terms And Conditions
1. Products and Installation: The Products will be manufactured and installed by LEI’s preferred manufacturer, Alside located at 3773 State Road, Cuyahoga Falls,
OH 44223 (800) 922-6009 (“Alside”). Owner acknowledges that Alside will manufacture and install the Products on behalf of LEI and cause any debris related to the installation of Products under this Contract to be removed. With respect to the Products, the Owner shall (a) cooperate with LEI in all matters relating to the
installation and provide access to the Property for the purpose of installing the Products; (b) respond promptly to any request to provide direction, information,
approvals, authorizations or decisions that are reasonably necessary for LEI’s performance in accordance with the requirements of this Contract; and (c) obtain all
necessary approvals, permits, and authorizations from HOA or local authorities. With respect to this Contract, LEI shall not be responsible for (t) permit fees; (u)
removing gutters; (v) leaks or damage caused by old or damaged gutters; (w) removing, reinstalling, or replacing any window treatments, furnishings, or any hangings in front of the windows, doors, or interior/exterior walls; (x) removing, replacing, disconnecting, or reconnecting alarm systems on any doors and windows; (y) moving or replacing any furniture; or (z) any structural defects in the Property before or during the installatio
2. Additional Cost for Damaged Wood. In addition, Owner hereby acknowledges and agrees that if any damaged wood is discovered that would impede the installation of the Products or negatively impact the performance of the Products, as determined by LEI in its sole discretion, then Owner shall allow LEI to cause the damaged wood to be repaired or replaced at the Owner’s sole expense.
3. Lifetime Limited Warranty. The Products being purchased are backed by a Lifetime Limited Transferable Warranty provided by Alside. Except as otherwise provided, all references to LEI shall include Alside, their agents, successors and assigns. For a period of one (1) year following installation of the Products, LEI shall
provide labor in connection with the installation of any Products that arise under Alside’s warranty. LEI’s warranty does not cover labor for installation of Products
that arise from Owner’s misuse, damage, or failure to properly maintain, such Products.
4. Insurance. LEI or Alside shall maintain liability insurance covering personal injury in an amount not less than $50,000 and insurance covering property damage
caused during installation of the Products in an amount not less than $50,000.
5. Delay Events. While LEI will use reasonable efforts to meet the estimated start and completion dates to install the Products specified in the Order, these dates are only estimates. Owner acknowledges that LEI shall not be liable or responsible to the Owner, nor be deemed to have defaulted or breached this Contract, for any failure or delay in fulfilling or performing any term of this Contract when and to the extent such failure or delay is caused by or results from acts or circumstances beyond LEI’s reasonable control including, without limitation, acts of God, flood, fire, earthquake, governmental actions, or strikes or other labor disputes, defects in the Products or any delay in measuring or installing the Products due to delays by, or acts or omissions of, the Owner.
6. Disputes. If a dispute arises regarding the quality or installation of a particular Product, the Owner shall pay LEI the balance of the amount due excluding the
Product at issue. LEI’s receipt of a partial payment for the disputed Product does not prejudice its right to receive full payment for such Product should the Product be repaired or replaced or should it be determined that the dispute was not justifie
7. Fees; Payment Terms; Interest on Late Payments; Taxes. In consideration of LEI’s delivery and installation of the Products and the rights granted to the Owner
under this Contract, the Owner shall pay the sales price set forth in the Order. The Owner shall pay all invoiced amounts upon receipt of such invoice. In the event
payments are not received by LEI within 30 days after becoming due, LEI may charge interest on any such unpaid amounts at a rate of 1% per month or the
maximum amount permitted under applicable law, if lower, from the date such payment was due until the date paid.
8. Right to Cancel. Owner has the right to cancel this transaction within three days of signing this Agreement by delivering the Notice of Cancellation to LEI not later than midnight of the third day (the “Rescission Period”). Owner shall be responsible for a $2,000.00 cancellation fee if the order is cancelled after the Rescission Period. If Owner cancels the order after the start of manufacturing the order, then Owner shall be responsible for the full balance outstanding.
9. Limitation of Liability. EXCEPT TO THE EXTENT LIMITED OR PROHIBITTED BY STATE LAW, IN NO EVENT SHALL LEI BE LIABLE TO OWNER OR TO ANY THIRD
PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL LEI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO LEI PURSUANT TO THIS CONTRACT.
10. LEI Warranty Disclaimer. EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED IN THIS CONTRACT, LEI MAKES NO OTHER WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW.
11. Liens. This Contract will be deemed a construction contract for purposes of lien laws. If the Owner fails to pay any amount of the total sales price listed in
the Order, then LEI may avail itself of any remedy under the law, including placing a lien on the Property (unless otherwise prohibited by the laws in which the
Owner’s Property is located).
12. Applicability; Entire Agreement; Amendment. These terms and conditions (these “Terms”) together with the information on the front side of this Contract are
the only terms which govern the sale and installation of the Products listed on the front side of this Contract. This Contract comprises the entire agreement between the parties, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. This contract shall not be enforceable or binding upon the Owner or LEI until approved in writing by an authorized dealer for Alside. This Contract may only be amended or modified in a writing which specifically states that it amends this Contract and is signed by the Owner, LEI, and an authorized dealer.
13. Miscellaneous. All matters arising out of or relating to this Contract are governed by and construed in accordance with the internal laws of the state where
the Property is located. If any term or provision of this Contract is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability
shall not affect any other term or provision of this Contract or invalidate or render unenforceable such term or provision in any other jurisdiction. If LEI institutes
any legal suit, action, or proceeding against the Owner arising out of or relating to this Contract, then LEI shall be entitled to receive, and the Owner shall pay, in
addition to all other remedies and damages to which LEI may be entitled, the costs and expenses incurred by LEI in conducting the suit, action or proceeding,
including reasonable attorneys’ fees and expenses, and court costs.
14. LEI cannot guarantee that the Owners window treatments will fit in the existing opening
YOU AND YOUR CONTRACTOR ARE RESPONSIBLE FOR MEETING THE TERMS AND CONDITIONS OF THIS CONTRACT. IF YOU SIGN THIS CONTRACT AND YOU FAIL TO MEET THE TERMS AND CONDITIONS OF THIS CONTRACT, YOU MAY LOSE YOUR LEGAL OWNERSHIP RIGHTS IN YOUR HOME. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.”