Terms and Conditions
Jersey Shore Awning provides free estimates for awnings, canopies, shade structures and flagpoles. Call us at 732-578-1882 or 732-876-3949 to schedule an on-site visit from our experienced sales people.
- A FULL COPY OF THE TERMS & CONDITIONS OUTLINED BELOW ARE PROVIDED WITH EVERY ESTIMATE/PROPOSAL.
JERSEY SHORE AWNING INC. (hereinafter “JSA” or “we”) hereby warrants all materials to be as specified and that all work shall be performed in a workmanlike manner, according to accepted standard practices. THIS EXPRESS WARRANTY EXCLUDES ALL OTHER AGREEMENTS, REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED. JSA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
- “Customer” or “you” understands that all vinyl coated and fabric materials will expand and contract when exposed to changing temperatures and weather conditions. These materials may be used to construct awnings, trim, and binding and JSA cannot warranty these materials against wrinkling and shrinkage. Any necessary sewing or stitching of material will be done with clear thread.
- Acrylic material is NOT waterproof. It has a tendency to leak when wet. (Sunbrella, Sattler, etc.) Customer shall have a pro rated warranty on fabric, whether manufactured from vinyl-coated fabric or other fabric types, provided the awning has been maintained and cleaned regularly. The Customer’s failure to maintain and clean the awning regularly could result in the fabric not meeting its intended life expectancy and voiding this warranty. JSA recommends cleaning every three (3) months.
- Lateral arm awnings (“Retractable Awnings”) are designed for sun protection only, not for rain protection. JSA cannot warrant Retractable Awnings against collapse or damage resulting from rain, severe weather, or winds in excess of 30 m.p.h. During such time, the Customer is advised to keep these awnings retracted. JSA recommends that Customer use only acrylic fabric with Retractable Awnings. Use of any other fabric voids JSA’s warranty. Motion/wind sensors do not, in any way, guarantee against damage from winds in excess of 30 m.p.h.
- JSA shall not be responsible for loss or damage to Customer’s business or property or injury or death to persons. For any risk, liability or responsibility assumed by the Customer and/or Owner under this Contract, or disclaimed by JSA under this Contract (collectively, the “Assumed Risks:), the parties acknowledge and agree that: a] some of the Assumed Risks may be covered under insurance held by the Customer or the property owner; b] JSA shall have no liability (in contract or in tort) to the Risks; and c] such action or inaction on the part of JSA shall not constitute a breach of this Contract or of any duty of care owed to the Customer, a property owner or third parties. Notwithstanding any other contrary provision in the Contract, Customer agrees to indemnify, hold harmless and defend JSA from and against any and all claims, obligations, demands, damages, causes of action, liabilities, losses, and expenses, including reasonable attorneys’ and expert fees, whether now known or hereafter known, foreseen or unforeseen, attributable in whole or in part to the Assumed Risks (the “Indemnity”). This Indemnity shall be capped at $1 million dollars (US) and is given to JSA in consideration for the warranty offered by JSA hereunder (if applicable) and/or for the job pricing, which would be higher absent the Indemnity.
- The parties agree that Customer’s sole and exclusive remedy against JSA shall be for the repair or replacement of any awning materials, which are defective when delivered. In no event shall JSA be liable for direct, indirect, special, incidental or consequential damages (including loss of profits) whether based on contract, tort or any other legal theory. Any defects or discrepancies in the awning materials as delivered or installed must be reported to JSA within twenty (20) days after the Customer receives the awning materials or it will be conclusively presumed that the awning materials were as ordered and were received in good condition. Notes to JSA of any defects, discrepancies or objections must be delivered in writing via certified or registered mail to JERSEY SHORE AWNING INC., 968 Shrewsbury Avenue, Unit #2, Tinton Falls, NJ 07724.
- It is hereby expressly provided that although the said materials have been hereinbefore described, the materials delivered by JSA hereunder shall be deemed to correspond with their description, when they correspond with the sample which has been produced to, examined and selected by the Customer. Since aesthetics is an important factor in our industry and, since JSA’s services are essentially to transform acrylic and metal into pleasing designs, it is sometimes necessary to alter Customer’s layout and/or specifications to make them conform to available materials, acceptable tolerances and engineering or regulatory constraints. JSA reserves the right to make such changes. JSA also reserves the right to cancel this contract if engineering changes required by a governmental entity or permitting authority increase JSA’s materials and/or labor costs by more than 5%. JSA is not obligated to advance any permitting or engineering fees on Customer’s behalf.
- JSA will not be responsible for the usefulness of any frame not built or installed by us, unless we are authorized by the customer to rebuild same to JSA’s specifications. JSA does not warrant against water leaks where awning meets wall when existing frames are recovered, unless such leaks are listed and addressed on contract. All awning materials used by JSA have been treated with a mildew inhibitor. Mildew is micro-organic bacteria, which can grow on any materials, metal, glass or plastics. BUT WE OFFER NO GUARANTEE WHATSOEVER THAT MILDEW WILL NOT OCCUR.
- It is hereby expressly acknowledged, understood and agreed that this is a contract for a special order of custom fabricated goods and materials and the Customer cannot alter, revoke or cancel the same without the specific written consent of JSA.
- The estimated delivery date of this order is subject to contingencies beyond the control of JSA, including, but not limited to, fires, strikes, lockout, inability to secure material, labor or transportation, inclement weather, accidents, Acts of God and unavailability of the Customer. In the event of the occurrence of such contingency, the estimated delivery date shall be extended by equal duration to the extent of the duration of such contingency.
- Customer agrees to pay JSA the full balance of the purchase price immediately upon completion and delivery of the material and work to the Customer and time of such payment shall be of the essence. No back charges will be accepted. JSA shall retain title to all goods pending receipt of the entire purchase price.
- The Customer covenants and agrees that upon his default by the failure to pay any part of or the entire purchase price when due, or otherwise, JSA shall, at its option, have the right to:
a. Without judicial action, take possession of all said property and all payment made by the Customer up to the time of said default shall be applied as rent and depreciation on said property for and during the time the property is in the Customer’s possession. Permission is granted to re-enter the property to remove said property; JSA is granted permission to re-enter Customer’s land or structure to remove said property; and/or,
b. Bring legal action to collect all monies due JSA under the terms of this agreement; and/or,
c. Enforce and foreclose a lien against the said property without further notice to the Customer; and/or,
d. Void any warranties and pursue any other remedy available to said company in law or in equity.
- The Customer covenants and agrees to pay reasonable attorney’s fees and costs to JSA in the event JSA incurs such fees and costs in enforcing its rights under the terms of this contract, including attorney’s fees incurred in obtaining and enforcing a judgment and/or pursuing or defending an appeal. Any legal action brought by either party shall be governed by New Jersey law and, shall, at JSA’s election, be brought in Monmouth County, New Jersey, or a different county if necessary to enforce JSA’s lien rights or other remedies.
- This proposal by JSA shall expire thirty (30) days after the date of issue, but is subject to withdrawal during such time if notice to that effect is given before written acceptance by the Customer. The only terms of the agreement between the Customer and JSA are those set forth in this document, and these terms may be changed or modified only by a writing signed by both parties.
- After acceptance of this proposal, any delay by the purchaser may result in a change of price corresponding to any change in the cost of labor or raw materials.
- A charge of 1-1/2% per month or fraction thereof (18% per annum) shall be added to all delinquent accounts.
- Occasionally after installation, “pinholes” can be found in the awning cover. This is not a result of fabric quality and does not affect the long-term performance of your awning cover. Should this occur, we will address the pinholes to keep water from coming through your awning cover. Once we have addressed this issue, we guarantee, that your awning cover will not fail as a direct result of the original pinholes, for a period of five (5) years from the date of installation.
- Over time, awnings experience a great deal of environmental hardship from day-to-day exposure to the elements. This exposure may cause the awning cover to fade and lose color, become brittle and hard or even lose material surface from what is known as “plasticizer migration”. Given these conditions, we know that removing a cover may result in any combination of the following conditions: “pinholes”, cracks, small tears, wrinkles and/or “crazing”. In addition, once awning covers are removed from the frame and reinstalled, they tend to readily attract dirt, smudges and marks. Therefore, if we remove an awning cover from the frame for storage, cleaning and/or maintenance, we cannot guarantee or provide remedy against the above possible conditions. Any awning taken down, regardless of age, will get extremely dirty and Jersey Shore Awning Inc. cannot be held responsible for this occurrence. We recommend that awnings be thoroughly cleaned prior to any work being done, requiring awnings to be taken down.
- Concerning warranties for jobs outside of Monmouth, Ocean, Middlesex and Essex Counties. JSA will not be responsible for any expenses incurred by JSA to bring JSA’s labor to and from the job site, or to bring the awnings(s) to and from JSA, including (without limitation): airfare, room and board, taxi’s, rental cars, taxes, duty, labor cost to and from the job site, etc.
- Customer acknowledges receipt from JSA of exhibit “A” called “Statutory Disclosures”.
THREE (3) DAY RIGHT OF RESCISSION (applicable only to residential homeowners.) YOU ARE ENTERING INTO A CONTRACT THAT MAY RESULT IN A LIEN ON YOUR HOME. YOU HAVE A LEGAL RIGHT UNDER FEDERAL LAW TO CANCEL THIS CONTRACT WITHOUT COST, WITHIN THREE (3) BUSINESS DAYS FROM THE DATE YOUR CONTRACT IS FULLY EXECUTED (SIGNED BY BOTH PARTIES). IF YOU DECIDE TO CANCEL THIS TRANSACTION, YOU MAY DO SO BY: A] NOTIFYING JSA IN WRITING AT THE POSTAL ADDRESS BELOW; B] USE ANY WRITTEN STATEMENT THAT IS SIGNED AND DATED BY YOU AND STATES YOUR INTENTION TO CANCEL; AND C] SENDING THE NOTICE NO LATER THAN THE THIRD BUSINESS DAY FOLLOWING FINAL EXECUTION OF YOUR CONTRACT. IF YOU SEND OR DELIVER YOUR WRITTEN NOTICE TO CANCEL SOME OTHER WAY, IT MUST BE DELIVERED TO JSA AT THE ADDRESS BELOW NO LATER THAN THE ABOVE SPECIFIED TIMEFRAME. IF YOU PROPERLY AND TIMELY CANCEL THE CONTRACT, JSA WILL REFUND YOUR DEPOSIT (SUBJECT TO CLEARANCE OF ANY DEPOSIT MADE BY CHECK) WITHIN 10 BUSINESS DAYS, NOT INCLUDING THE DATE JSA RECEIVES YOUR WRITTEN NOTICE OF CANCELLATION. ANY SUCH NOTICE OF CANCELLATION SHOULD BE ADDRESSED TO JERSEY SHORE AWNING INC., ATTN WADE MCCLELLAN, 968 SHREWSBURY AVENUE, UNIT #2, TINTON FALLS, NJ 07724. EMAIL: [email protected].
The following Terms & Conditions are solely in reference to JSA’s Service Contract and A FULL COPY OF THE TERMS & CONDITIONS OUTLINED BELOW ARE PROVIDED WITH EVERY SERVICE CONTRACT.
By ordering or purchasing merchandise/services from JERSEY SHORE AWNING INC., hereinafter “Seller/JSA”, you agree to be bound by the following terms. You also agree that no other verbal understanding or promises are part of this contract.
- JSA’s WARRANTIES: JERSEY SHORE AWNING INC warrants solely its labor for a period of One (1) year from the completion date. All work to be completed in a neat, substantial and workmanlike manner according to standard industry practices. If full payment is not made to JERSEY SHORE AWNING INC., all warranties are null and void. All warranty claims must be made in writing within thirty (30) days after completion of work under this contract and presented to JERSEY SHORE AWNING INC. JSA warrants only its labor. It does not warrant any parts or merchandise supplied with its service under this contract.
- MANUFACTURER’S WARRANTIES: The only warranties applying to the purchased merchandise are those offered by the manufacturer, if any. JSA sells all merchandise “AS IS” and hereby disclaims all warranties, either express or implied, including any implied warranties of merchantability and fitness for a particular purpose. JSA neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of the merchandise. Any liability of JSA with respect to defects or malfunctions of the goods purchased including, without limitation, those which pertain to performance or safety, whether by way of “strict liability” based upon JSA’s negligence, or otherwise, are express excluded and BUYER hereby assumes any such risks. BUYER shall not be entitled to recover from JSA any consequential damages to property, damages for loss of use, loss of time, loss of profits, or income or other incidental damages. The manufacturer’s warranty, if any, is not affected by the Disclaimer of Warranties by JSA. *JSA is not responsible for the cost of removing or reinstalling any defective merchandise or the cost of shipment of any defective merchandise to the manufacturer for repair, replacement, etc.
- JSA shall not be liable to the customer for nonperformance of work under this service contract due to the failure of the customer to provide access for work to be performed by JSA under this contract; the inability of JSA to locate switches, winter boot(s), etc. required for the performance of work under this service contract; or a condition of the customer’s equipment, including fabric, awning system frame, motor(s), gears, arms, installation bar and brackets, mounting bolts, etc., which makes it impossible for JSA to complete its work under this contract.
- JSA shall not be liable to the customer under this contract for damage to the customer’s awning system or any part thereof occasioned by the age or condition of the customer’s awning system including, but not limited to, rips or tears to the awning fabric due to deterioration by exposure to the elements, age, etc. JSA shall use industry standards and methods of care for the service work it performs on the customer’s awning system, but shall not be liable for discoloration, bleaching, spotting, tearing, etc. of the awning fabric.
- JSA shall not be liable for any delay or failure to deliver any and every item of an order when the delay or failure is caused by manufacturer’s or shipping delays, labor troubles, strikes, lockouts, material shortages, fire, flood, storm, accident, any Act of God, or any other cause beyond the control of JSA.
- Where the BUYER has not paid the entire price at the time of the making of this order, BUYER shall pay the entire balance due to JSA upon performance of the services indicated herein and the delivery of the purchased merchandise to BUYER.
- JSA reserves the right to cancel any order, or portion thereof, prior to delivery, due to availability of merchandise. In such event, to the extent that any deposit monies exceed the uncalled portion of such order, such deposit money shall be returned to BUYER promptly.
- In the event that JSA must retain legal counsel to enforce or defend its rights under this contract, BUYER shall pay JSA reasonable attorney’s fees and court costs, which attorneys fees shall, in no case, be less than 20 percent of the amount in issue between the parties.
- BUYER will pay a late charge of 1-1/2 percent per month on balance of any order after performance of requested services and delivery of merchandise if full payment is not received upon delivery, and BUYER shall pay attorneys fees if JSA retains an attorney for collection of same. In such case, Buyer shall also pay all reasonable court costs and costs of litigation.
- The statement of work to be performed as agreed to by JSA was based on a visual inspection of readily accessible areas of the BUYER’s property. If at any time during the performance of its work, JSA encounters unknown conditions that materially affect the required work and/or the timing of services, BUYER agrees to enter into a reasonable changes to the statement of work, the amount of payment to JSA and/or timing of completion of services to address the additional required work due to unknown conditions. Unknown conditions include, but are not limited to: wiring, rewiring, conduits, termite damage, water damage, the location of pipes, conduits, studs, etc., and code violations, the presence of which cannot be determined until work has started.
- BUYER understands and agrees that BUYER may be required to perform certain minimal acts after JSA has completed its work to ensure that satisfactory performance of the goods and materials sold by JSA such as, but not limited to, rinsing or cleaning to minimize accumulation and degradation caused by salt and sand. Manufacturers provide written instruction to BUYER on suggested or required post performance maintenance by BUYER. The BUYER agrees to secure personal effects prior to the commencement of the work by JSA to prevent damage to BUYER’s property including, but not limited to, the removal of pictures from walls, relocation of furniture, the removal and installation of window treatments, etc. BUYER agrees that JSA is not liable for damage resulting from reasonable actions in its performance of the contract.
- CHANGE ORDER REQUIRED: Any alteration, deviation or change in the work to be performed shall be reduced to a writing entitled “Change Order”, and signed by BUYER and JSA in order to be effective. Whether the changes involve extra costs or not, they will only be executed upon such written order. Such writing shall specify the change or changes, any adjustments in price therefore, shall be executed with the same formalities as this agreement, thereby becoming a part hereof.
- In the event of the dispute rising between the BUYER and JSA, the BUYER shall submit such a dispute to the American Arbitration Association for determination in Monmouth County, New Jersey, and the BUYER agrees to abide by, and be bound by, the decision and award of the arbitrators. Notwithstanding the foregoing, JSA reserves the right to pursue any legal or equable action to which JSA is entitled.
- The failure of JSA to enforce any of JSA’s rights under this contract shall not be a waiver of any of JSA’s rights under this contract. The first and second pages of this order comprise the entire agreement concerning this purchase and no other agreement or understanding of any nature concerning same has been made or entered into or will be recognized.
- The Division of Consumer Affairs number (In NJ only) 1.800.242.5846