GENERAL TERMS AND CONDITIONS

THESE GENERAL TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) ARE APPLICABLE TO ALL ORDERS AND TOGETHER WITH THE PROPOSAL GOVERN THE CUSTOMER’S PURCHASE AND USE OF THE GOODS AND SERVICES DESCRIBED HEREIN PROVIDED BY RAISE A DOCK, LLC (“SELLER”). BY PAYING THE DEPOSIT OUTLINED IN THE PROPOSAL, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS THEREIN WHICH INCORPORATE THESE TERMS AND CONDITIONS IN ALL RESPECTS.

Definitions.

“Customer(s)” means the purchaser(s) of Buyer’s products which incorporate Goods and/or Services provided pursuant to the Proposal.
“Goods” means goods, items, materials, equipment, supplies, and the like supplied by Seller.
“Proposal” MEANS THE PROPOSAL FORM ITSELF WHICH HAS BEEN SIGNED AND ACCEPTED BY THE CUSTOMER AND CONTAINS THE SPECIFICATIONS OF THE GOODS AND PAYMENT TERMS RELATED THERETO.
“Seller” means Raise A Dock, LLC.
“Services” means any services that are rendered or performed by Seller.

Acceptance.

The Proposal is an offer to sell from Seller to Buyer and shall be deemed an offer irrespective of any prior communications between Buyer and Seller. Buyer shall be deemed to have accepted the Proposal including these Terms and Conditions when Buyer executes and returns the Proposal and the deposit listed therein to Seller. Any proposal for additional or different terms or any attempt by Buyer to vary in any respect any of the terms of the Proposal or these Terms and Conditions is hereby void.

Payment.

Should Customer fail to make payment as specified in the Proposal, after thirty (30) days Customer shall be liable for a 2% per month late fee per month on the unpaid balance until Seller has received payment in full. Customer shall also be responsible for all attorneys’ fees and costs related to collection of any unpaid balance. Any payments received on account for shall be applied first to late fees, then to attorneys fees and costs, and then to unpaid principal balance.

Delivery and Installation.

Damage to Goods during delivery and/or installation may occur. Customer shall notify Seller immediately and provide a complete list of damage to the Goods with accompanying photos.

Governing Law.

The construction, interpretation and performance of this Agreement and all transactions under it shall be governed by the laws of the United States and the State of New Hampshire.

Choice of Forum.

The parties hereto agree that any suits, actions or proceedings arising out of this Agreement that may be instituted by any party hereto shall be instituted only in the state courts of Rockingham County, New Hampshire, and the parties hereto do hereby consent to the jurisdiction of those courts and waive any objection which they may now or hereafter have to venue of those suits, actions or proceedings.

Force Majeure.

Except for the payment of money, neither party shall be held responsible for any delay or failure in performance to the extent that delay or failure is caused by low or high water levels, pandemic, fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act of god, act or omission of carriers or suppliers, or other similar causes beyond its control (“force majeure conditions”). If any force majeure condition occurs, the party delayed or unable to perform (“Delayed Party”) shall give immediate notice to the other party (“Affected Party”), and the Affected Party, upon giving prompt notice to the Delayed Party, shall be excused from performance under this Agreement for the duration of the force majeure condition, provided, however, that the Affected Party shall take all reasonable steps and cooperate with the Delayed Party to avoid or remove the cause of non-performance and shall resume performance hereunder with dispatch when the cause is removed; and provided further that if the Delayed Party cannot within sixty (60) days remove the cause of non-performance, the Affected Party may terminate this Agreement.

Severability.

If any provision of Proposal and Terms and Conditions, or any part thereof, is declared by a court of competent jurisdiction to be invalid, void, or unenforceable, each and every other provision, or part thereof, shall nevertheless continue in full force and effect.

Insurance Coverage.

In selecting the delivery or installation options, Customer warrants and represents that its premises are free from hazards and that they have in place sufficient premises liability insurance coverage.

Risk of Loss.

Customer acknowledges that upon receipt/delivery, risk of loss transfers to Customer.

Permits.

It shall be the responsibility of the Customer to obtain any permits or permissions required by local, state, or federal codes or regulations, including condo or homeowner’s association declarations and covenants, at its sole cost and expense. If required, Customer shall keep any permits on display at all times. In the event that the Customer has engaged Seller for the installation of the Goods, Customer acknowledges that Seller may not schedule installation until Seller is satisfied, in Seller’s sole discretion, that all necessary permits have been obtained; however, Seller’s installation does not relieve Customer of its permitting responsibility and shall not be construed as Seller’s assessment or opinion that all necessary permits or permissions have been obtained by Customer.

Storage.

For Customers not electing installation or delivery, the Goods must be retrieved from Seller’s facility within sixty (60) days of notification that the Goods are ready for pick-up. After sixty (60) days, a storage fee of $50 per diem will be assessed between April 15th and October 15th.

Price Adjustment.

The prices quoted in the Proposal are estimates and the Seller reserves the right to change the price of the Goods and/or Services in the event that additional time or materials are required to meet the specifications outlined in the Proposal.

LIMITED LIFETIME WARRANTY.

IF THERE IS A DEFECT AFFECTING THE STRUCTURAL INTEGRITY OF THE ALUMINUM FRAME (SPECIFICALLY EXCLUDING ANY DECKING, RUBBER, FOAM, PAINTWORK, AND FASTENERS), THE SELLER PROVIDES WARRANTY COVERAGE FOR THE LIFE OF THE CUSTOMER. THIS WARRANTY IS NON-TRANSFERABLE. THIS WARRANTY DOES NOT COVER ANY GOODS WHICH HAVE BEEN DAMAGED BY SUCH THINGS AS WEATHER, ICE, FALLING TREES, NATURAL DISASTERS, IMPROPER USE, OR NEGLECT. ANY MODIFICATION, ADDITION, DELETION, SUBSTITUTION, ETC. TO THE STRUCTURE WITHOUT EXPRESS WRITTEN DESIGN APPROVAL BY SELLER WILL VOID THIS WARRANTY.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF BUSINESS OR PROFITS, DIMINUTION IN VALUE OR PUNITIVE DAMAGES. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS AND SERVICES GIVING RISE TO THE CLAIM.