Terms & Conditions

Last updated: January 1, 2022

 

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1. Estimates . Estimates provided are effective for five (5) days from the date of issuance. After the expiration of the 5-day period, the client will be required to obtain a new estimate from Total Garage Care. Estimates for garage door work does not include painting or touchup desired by client or later requested deviations from the original scope of work. 

2. Acceptance/Approval . To become a binding contract all estimates must be approved in writing by the client.  This written approval is required for install work to be scheduled. Any changes/cancellations made or requested after approval or acceptance by client are subject to acceptance by Total Garage Care and client approval of any additional charges or fees. 

3. Services . Total Garage Care will perform all services for clients in accordance with generally acceptable industry standards of other competent Total Garage Cares performing similar services in the state where the work is performed. 

4. Payment Terms. Payment for any work is due at the completion of the work.  Work including special order or garage door installs requires a 50% deposit at the time of work order authorization and full payment upon final installation. Special orders are non-refundable. If the client is a Business, payment terms can be negotiated if there is a contract that is governed by an SOW or MSA prior to any work commencement. 

5. Site Conditions. If Total Garage Care must obtain access to other properties in the course of work, client shall secure permission for such and hold harmless and indemnify Total Garage Care and its employees and agents against all actions and consequences arising or relating to the use of said properties, including but not limited to damage done in the normal course of work, excluding negligence, and for securing said property and its contents during and after work. 

6. Door Casings. Clients are required to have casing for the garage doors openings installed before Total Garage Care shall be required to hang the doors. If a client does not have casings around the garage doors, Total Garage Care may agree, at its discretion, to install the doors, but shall not be liable for any damages resulting from the lack of door casings. Failure to have casings around the door openings shall also void any warranties provided herein. Total Garage Care may, at the client's instruction and expense, install the casings, but such work is an extra expense to the client in addition to the original quote provided. 

7. Client Responsibility to Clear and Secure the Worksite . Before and during Total Garage Care's work, client shall secure, remove and protect all persons and property, and any contents thereof from the worksite, including but not limited to adults, children, animals, furniture, tiling, carpets, drapes, furniture, vehicles, and vegetation during and upon completion of work, and shall hold harmless and indemnify Total Garage Care, its employees and agents against all claims arising out of client's failure to do so. 

8. Limited Warranty: Total Garage Care warrants its materials to be free from defects for one (1) year from the date of delivery or installation as per manufacturer’s warranty.  Client is responsible for registering any installed material with the manufacturer in order for warranty to be effective.  This warranty does not cover defects caused by installation that varies from the manufacturer's recommended instructions if such variance is necessitated by client's site conditions as determined by Total Garage Care. Additionally, this warranty does not cover any abuse, misuse, negligence, or acts of God. Further, any modification to Total Garage Care's products by anyone other than Total Garage Care or an authorized agent will void this warranty.

   1. Total Garage Care offers Warranty to cover any LABOR associated with the repair of any Lift Master Operator we install for a period of 30 days after install date. All warranty calls are subject to a warranty fee which start at $69. Operators and operator components are covered with Manufacturers Warranty. It is the responsibility of the customer to register the operator immediately after install and to obtain any replacement part from the Manufacturer prior to contacting us for repair. Non-Motor small parts are covered with a 12-Month PARTS Warranty subject to install and warranty fee. This warranty does not provide coverage if there is evidence of tampering of the unit which led to the malfunction and will be subject to repair fee at the discretion of the technician. This receipt is your certificate of warranty and is void if altered in any way. It must be presented at the time of service.

   2. In the event a manufacturer offers a warranty, such manufacturer's warranty shall preempt, supersede, and negate Total Garage Care's warranty.

   3. In resolving or fulfilling any manufacturer warranty claims, full labor charges for repair or replacement by Total Garage Care may still apply if the labor warranty period has expired.

   4. All claims under this limited warranty must be made in writing to Total Garage Care within twenty-four (24) hours of discovery. The remedy provided under this limited warranty is limited to repair or replacement of the non-conforming part or parts of defective materials, which decision is vested in Total Garage Care's sole discretion. Further, the client shall allow Total Garage Care the first opportunity to repair the alleged defective issue. Failure to give Total Garage Care the first opportunity shall void this limited warranty.

9. Prompt client Inspection. Upon completion of the work, the client agrees to inspect the work for defective workmanship and materials, including but not limited to damaged or missing components. client will notify Total Garage Care of any defect within twenty-four (24) hours of completion of work and will give Total Garage Care the first opportunity to repair the defective work. Failure to notify Total Garage Care of a defect within 24 hours following Total Garage Care's completion of the work constitutes an acceptance of the work as complete and free from any defects. Further, failure to allow Total Garage Care the first opportunity to repair the alleged defective work shall void all warranties, express and implied hereunder. client agrees and recognizes that client shall not withhold any payments for alleged defective work. Total Garage Care is not responsible for reimbursement for work performed by any other company or individual.

10. Unforeseen Conditions. If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature which differ materially from that which is visually ascertained, client accepts responsibility for such conditions and related circumstances outside the control of Total Garage Care and client further agrees to pay for any labor or materials, including repair to damaged equipment of Total Garage Care caused by such conditions and/or circumstances.  According to this provision, the client is responsible for all unforeseen and concealed conditions which Total Garage Care cannot control. Accordingly, client further agrees to hold Total Garage Care harmless and shall indemnify and defend Total Garage Care and all of its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, consequential damages, arising out or as a result from the performance of Total Garage Care's work involving, affecting, or relating to such unforeseen or concealed conditions.

11. Additional Work: In the event Total Garage Care performs any additional work not related to its original contract, Total Garage Care will provide an additional charge for that work, and client agrees to promptly pay Total Garage Care as outlined herein, for the additional work. Further, any changes made after any materials are ordered, is the sole responsibility of the client.

12. License, Permits, and Fees: client shall furnish and pay for, at their own expense, all taxes, permits, and license fees required to legally perform the contract work in accordance with this Agreement.

13. Limitation of Liability: Total Garage Care shall not be responsible for any direct, incidental, or consequential damages causing either bodily injury or property damages, regardless of the cause. Notwithstanding any language to the contrary contained in this agreement, Total Garage Care's liability to client shall not exceed the total of any payments made by client for goods and services provided.  Total Garage Care is not responsible for the following: 

    1. Site conditions, including, but not limited to, the location or availability of electrical supply, the size of the door opening, concrete or asphalt in the structure or drainage, water infiltration problems, etc.; 

    2. Nonperformance or delays in performance due to causes beyond its control, including but not limited to, work stoppages, fires, floods, civil disobedience, riots, government requirements, strikes, material shortages, product deliveries, acts of God and similar occurrences, etc.; 

    3. lost or stolen components; or 

    4. any issues which arise due to the client's faulty electrical wiring which causes the equipment to malfunction.

14. Hold Harmless and Indemnity. client agrees to indemnify and hold harmless Total Garage Care from any claim, demand, cause of action, suit, debt, account, controversy, administrative action, loss, damage, liability, obligation, cost, expense (including but not limited to attorney fees), or other action, investigation, or review taken by any professional organization, licensing board, third party payor, or other person against Total Garage Care arising from, based on, or related to, any negligence by client or client's agents or unforeseen condition at the client's worksite. client shall reimburse Total Garage Care for Total Garage Care's reasonable costs and expenses within 15 days of receipt of any bill, including attorney fees, incurred directly as a result of any client's or client agent's negligence or unforeseen condition at client's worksite.

15. Services Not Covered. Total Garage Care will not perform any other work or trade other than that which is specified herein, including but not limited to carpentry, electrical, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless specified in writing. Nor will Total Garage Care do any painting or touch-up work to the jams where wood "trim" or wood stop molding must be removed in order to install the materials. Unless otherwise stated, paint, plaster, stucco, and landscaping are the responsibility of the client.

16. Termination by Total Garage Care. Total Garage Care reserves the right to terminate or refuse any work for the following reasons: fraud and/or material misrepresentation by client, client's failure to make a payment required under this agreement, or client's failure to promptly pay for any goods and services, whether or not those goods and services are included under this agreement. Termination of this agreement by Total Garage Care does not release the client of any of its obligations hereunder. In its sole discretion, Total Garage Care may withhold any prepaid amounts by client and offset the same from any amounts owed by client to Total Garage Care.

17. Governing Law, Jurisdiction and Venue. This agreement will be governed and interpreted by the laws of the State of Georgia. Any portion of this agreement, which is declared void shall be deleted and shall not render the remainder of this agreement void. Any litigation arising out of or in connection with Total Garage Care's work for clients shall be brought in the state courts of Cobb County, Georgia.  client irrevocably submits to the exclusive jurisdiction of the state courts of Cobb County, Georgia and agree and consent that service of process may be made upon the client in any legal proceeding arising out of or in connection with this Total Garage Care's work for client by service of process as provided by Georgia law, client irrevocably waives, to the fullest extent permitted by law, any objection which the client may now or hereafter have to the laying of venue of any litigation arising out of or in connection with this Agreement brought in the state courts of Cobb County, Georgia. client irrevocably waives any claims that any litigation brought in any such court has been brought in an inconvenient forum, and client irrevocably agrees that any legal proceeding arising out of or in connection with Total Garage Care's work for client shall be brought exclusively in the state courts of Cobb County, Georgia.

18. No Waiver. Failure of Total Garage Care to pursue any remedy or course of action allowed under the Terms and Conditions shall not be construed as a waiver of any available rights. And Total Garage Care may at any time, upon Total Garage Care's discretion elect to pursue any rights afforded it hereunder.

19. Amendment. These Terms and Conditions may not be changed unless mutually agreed upon by the parties.

20. Application. client acknowledges and agrees that these Terms and Conditions apply to any and all contracts between Total Garage Care and client.

21. Website. Terms and Conditions are also available at www.totalgaragecare.com