TERMS & CONDITIONS
By placing an order with LRK Blinds, LLC d/b/a More Than Blinds (“More Than Blinds”), you agree as follows:
1. Access to Property. You authorize More Than Blinds to deliver and, if installation is stated on your order, install the product(s) identified in your order to the property identified in the order (the “Property”). You will provide More Than Blinds reasonable and safe access to the Property. You warrant and represent to More Than Blinds that (a) you own the Property or (b) if you do not own the Property, then you have the legal authority to accept these terms and conditions and bind the Property owner to them, you have, or will, notify all tenants, employees, visitors, or any other invitee at the Property of the delivery and installation, if applicable, of the product(s) ordered, and you will indemnify More Than Blinds against and hold it harmless from any claims by the Property owner arising out of or related to your representation and warranty that you have the legal authority to accept these terms and conditions and bind the Property owner to them before the date of such scheduled delivery and installation.
2. Installation. The installation area must be easily accessible, free from any obstructions that could impede the delivery or installation of the product(s), and not require special services, effort, modifications, or additional technicians to install the product(s). More Than Blinds does not cover, modify, or repair power receptacles, electrical junction boxes, or any other systems that may be necessary for the installation of the product(s). It is your responsibility to ensure that all necessary systems are in place, functional, and conform to the specific requirements of the product(s) being installed. If additional services are required due to your failure to ensure that the space is ready and accessible, then More Than Blinds reserves the right to not install the product(s).
If More Than Blinds does not install the product(s) for the reasons identified above, then (a) you will be responsible for completing the installation and making all necessary connections for the proper functioning of the product(s); (b) you will hold More Than Blinds harmless from and indemnify it against all claims related to or arising out of the improper or defective installation of the product(s), including, but not limited to, damage to the product(s), damage to the Property, and any other associated damages; (c) you waive, release, and discharge More Than Blinds and the manufacturer(s) of the product(s) from all liability arising out of or related to the product(s), including any alleged defective condition of the product(s), and covenant not to sue More Than Blinds, including its employees or agents, for the same; and (d) you will not be entitled to a refund of any amounts paid or due to More Than Blinds for installation of the product(s) as shown in your estimate or invoice.
3. Payment Terms. Upon your signing and returning of the estimate provided to you by More Than Blinds, you must contemporaneously electronically execute these terms and conditions and pay a deposit equal to 60% of the total balance due under your estimate (the “Deposit”). By paying the Deposit, you agree to and accept these terms and conditions. Subject only to Paragraph 5(a) below, the Deposit is non-refundable. More Than Blinds will not order the product(s) until it receives the Deposit.
a. More Than Blinds will provide you with an estimated delivery date when you pay the Deposit. But this is an estimate only and not a representation, warranty, or promise by More Than Blinds that the product(s) will be ready for delivery within six months of the payment of your Deposit. If the product(s) are not ready for delivery by the estimated date of delivery, then More Than Blinds will notify you and will identify, in that notice, the estimated date on which the product(s) will be ready for delivery, if known. The actual date on which the product (s) are ready for delivery is referred to in this agreement as the “Ready Date.”
b. You must pay the full balance of the estimate on or before the installation date. The product(s) will not be delivered, and you may not otherwise pick them up, before the final invoice is paid in full. If you fail to timely pay your invoice, then More Than Blinds will have the right, but not the obligation, to store the product(s), charge you the Monthly Storage Fee (defined below) for each month of storage, and not deliver or release the product(s) until the invoice and the accrued Monthly Storage Fees have been paid in full. Alternatively, More Than Blinds may cancel your order, in which case you agree that More Than Blinds will be entitled to retain your Deposit as liquidated damages, it being understood and agreed that the Deposit represents a reasonable estimate of the damages that More Than Blinds would suffer as a result of your failure to timely pay the invoice in full and that the actual damages suffered by More Than Blinds would be difficult or impossible to ascertain.
c. Upon your request, at More Than Blinds’ sole and absolute discretion, More Than Blinds may hold the product(s) for up to 30 days after the Ready Date (the “Initial Holding Period”). If you are not ready for delivery of the product(s) within the Initial Holding Period, then More Than Blinds may, in its sole and absolute discretion, hold the product(s) longer, provided that you pay, in advance, a storage fee equal to 10% of the invoice amount for each additional 30-day period (the “Monthly Storage Fee”). The Monthly Storage Fee will not be prorated, and you must instead pay the full Monthly Storage Fee for any month, or any portion of the month, in which More Than Blinds stores the product(s) after the Initial Holding Period. You bear the risk of any harm or loss to or of the product(s) during any storage period. It is important that you be prepared to take possession of the product(s) on the Ready Date.
d. You are responsible and liable for your invoice and other costs, fees, or expenses properly charged to you under these terms and conditions. If More Than Blinds has to engage legal counsel to collect any amounts due from you, then you will pay all costs of collection, including but not limited to the reasonable attorneys’ fees that More Than Blinds incurs with respect to such collection.
4. Rescheduling Delivery. You or an authorized representative of yours that you have identified in writing, in advance, to More Than Blinds must be present at the Property at the time of delivery. If you need to reschedule your delivery, then More Than Blinds requires notice to be given at least seven days before your scheduled delivery date; otherwise, you must pay a fee of $150.00 to reschedule your delivery, provided that if you provide notice to More Than Blinds of the need to reschedule 24 hours or less before a scheduled delivery or if you provide no notice and are not present at the Property at the time of the scheduled delivery, then you must pay an additional fee equal to the installation amount shown on your invoice before More Than Blinds will schedule a new delivery date. Your failure to timely pay any delivery-related costs, including the fees identified in this paragraph, will be treated as a failure to pay under Paragraph 3(b), and More Than Blinds will have such rights and remedies against you as described in that paragraph and under applicable law.
5. Cancellation, Returns, and Refused Delivery.
a. Cancellation by More Than Blinds. More Than Blinds reserves the right to cancel your order at any time. If More Than Blinds cancels your order, then it will refund the Deposit.
b. Returns. All sales are final. In the event of deficient, defective, or damaged product(s) for which you provide More Than Blinds timely notice in accordance with Paragraph 8, you will be entitled to only the replacement, including any applicable installation, of such product.
6. Limitation of Liability. More Than Blinds will not be liable to you for indirect damages, general damages, consequential damages, punitive damages, or lost profits, whether arising in contract, tort, or under any other theory of law. Product(s) with string controls are inherently dangerous to children and pets, and you will indemnify More Than Blinds against and hold it harmless from (and will not, yourself, pursue) any claims against More Than Blinds based on the alleged improper installation, use, or misuse of string controls. You also agree that More Than Blinds total liability for all claims, damages, injuries, or expenses that you incur or allegedly incur that arise out of or relate to the product(s) or services provided to you by More Than Blinds will not exceed the total of your invoices in any event.
7. Duty to Inspect. You have a duty to inspect the product(s) upon delivery. If you believe that the product(s) provided are deficient, defective, or damaged, then you must so notify More Than Blinds in writing, reasonably describing the alleged deficiency, defectiveness, or damage, within 24 hours of their delivery. You will waive any claim that you have or may have based on the condition of the product(s) delivered and installed if you fail to timely inspect them and notify More Than Blinds of the alleged deficiency, defectiveness, or damage as required by this paragraph.
8. No Warranties. More Than Blinds makes no warranty or representation of any kind, expressed or implied, concerning either the product(s) or the services, including no implied warranty of merchantability or fitness of the product(s) for any particular purpose, and no such warranty will be implied by law, usage of trade, course of performance, course of dealing, or on any other basis. Additionally, More Than Blinds specifically disclaims (a) any warranty or representation about the extent to which a product may “black out” a room because, among other things, the installation method used for such materials can affect the amount of light that enters a room, and (b) any disclaimer made on the “Product/Service List” provided to you as part of your estimate or invoice(s) or published on More Than Blinds website. In the case of any product(s) with a manufacturer’s warranty, however, More Than Blinds will assign or transfer the manufacturer’s warranty to you if it is assignable or transferable.
9. Arbitration. Any Claim between you and More Than Blinds, or against the other’s employees, agents, or assigns, must be resolved by neutral binding arbitration conducted by the American Arbitration Association (“AAA”), under the AAA’s Consumer Arbitration Rules (if you are a natural person) or the AAA’s Commercial Arbitration Rules (if you are a business entity) in effect at the time the Claim is filed (the “AAA Rules”). The demand for arbitration must be made within a reasonable time after the dispute has arisen, and it may not, in any event, be made more than one year after the complaining party knew or should have known of the Claim or the facts that form the basis of the Claim. You will be responsible for paying your own attorneys’ fees, costs, and expenses, and More Than Blinds will be responsible for paying its own attorneys’ fees, costs, and expenses. The arbitration fees and the fees paid to the arbitrator will be paid in accordance with the AAA Rules. The AAA rules and arbitration forms may be obtained from AAA’s website, www.adr.org, or by calling 1 (800) 778-7879. Any arbitration hearing at which the parties must appear personally will take place in Athens, Georgia. To the fullest extent allowed by law, the arbitrator will not have the power to award special, consequential, punitive, exemplary, or indirect damages against any party. The arbitrator’s power to conduct any arbitration proceeding will also be limited as follows: any arbitration proceeding under this agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a consolidated, class action, or multi-plaintiff action. The arbitrator’s decision will be final and binding, and judgment upon the arbitrator’s award may be entered in any court having jurisdiction. This arbitration agreement will be governed by the Federal Arbitration Act. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, BUT YOU HAVE CHOSEN TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION. YOUR AGREEMENT TO ARBITRATE WILL SURVIVE THE TERMINATION OF THIS OR ANY OTHER AGREEMENT BETWEEN YOU AND MORE THAN BLINDS.
Notwithstanding the foregoing, (a) any Claim that seeks money damages of less than $7,500.00 will be submitted to the Magistrate Court of Clarke County, Georgia, for resolution in lieu of resolution by mandatory arbitration. You irrevocably submit to the personal jurisdiction of the Magistrate Court of Clarke County for such claims and consent to, and will not contest or challenge, the exclusive venue of that court. If the Claim is transferred or appealed from the Magistrate Court of Clarke County, then either party may elect to remove the Claim from the judicial process and submit it to mandatory arbitration in accordance with the paragraph above, (b) More Than Blinds reserves its statutory right to file a materialman’s lien against the Property in the event of your nonpayment, and any action to perfect or foreclose the lien may be filed, at More Than Blinds’ election, in the county in which the Property is located.
10. Entire Agreement. These terms and conditions, your estimate, and your invoices (the “Contract Documents”) set forth the entire understanding between you and More Than Blinds regarding each party’s respective rights and obligations with respect to your order and the product(s). The Contract Documents supersede any previous negotiations between the parties, draft documents, or prior agreements related to the same subject matter as the Contract Documents. If any terms in an estimate or invoice conflict with these terms and conditions, then the terms and conditions will control, unless the estimate or invoice at issue specifically states otherwise. No subsequent agreements or understandings, oral or written, that purport to modify the Contract Documents will be binding on the parties unless in writing and signed by you and More Than Blinds.
11. Applicable Law. These terms and conditions and your relationship with More Than Blinds will be governed by the laws of the State of Georgia.
12. Headings. Any paragraph headings in these terms and conditions have been included only for convenience.
13. Severability. If any provision in these terms and conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then the validity and enforceability of the remaining provisions will not be affected by such holding.
14. Electronic Signatures. You may sign the Contract Documents electronically. To the fullest extent allowed by law, the use of electronic signatures and electronic records, including, without limitation, any contract or other document created, generated, sent, communicated, received, or stored by electronic means, will have the same legal effect, validity, and enforceability as manually executed signatures or paper-based record-keeping systems.