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Terms & Conditions

You hereby agree that these terms and conditions (“Agreement”) shall apply to all goods and services provided to you (“You”) by Hazlu, Inc. (“Hazlu”).

 

  1. Services. You hereby retain and engage Hazlu to provide the goods and services described in the invoice/proposal (“Invoice”) provided and made a part of this Agreement. In the event of conflict of terms, the terms and conditions of this Agreement supersede and prevail over the terms of the Invoice.
     

  2. Payment. You agree to pay Hazlu, according to the terms and conditions of this Agreement. A seventy-five percent (75%) non-refundable deposit is required prior to any work or order processing. The remaining twenty-five percent (25%) of all goods and services must be paid in full within three (3) days of the installation date. In the event of a dispute, all non-disputed items shall be paid in good faith. Any payments not made when due and as agreed are subject to a late payment charge equal to 2% per month.
     

  3. Change Order. Any changes to an Invoice are subject to acceptance by Hazlu and will require You to sign a change order and to pay the additional cost, if any, caused by such changes.
     

  4. Return Policy. Hazlu provides custom goods and services through third party providers, and initiates production through its providers upon receipt of the non-refundable deposit. The order cannot be cancelled, reduced in scope, or refunded at any time except as provided herein. In the event that a product arrived damaged or was damaged during installation, Hazlu will fix or replace the product without any charge to You.
     

  5. Warranty. Hazlu offers a six month (6 mo.) warranty on all installation services. Additionally, it provides a limited warranty for proper functioning, excluding normal wear and tear, as to the installed product as follows: interior products (3 yrs.), exterior products (2 yrs.), interior motors (5 yrs.), exterior motors (3 yrs.), curtains (1 yr.) and shutters (3 yrs.). all starting from the date of installation. However, any improper use, improper maintenance, exposure to natural elements, alteration, or service provided by a third-party, shall void any and all warranties provided herein.
     

  6. Claims. Any claim(s) by You against Hazlu and/or any of its representatives related to or arising under this Agreement, must be made in writing to admin@hazlu.com with hard copy to follow via us mail within thirty (30) calendar days. If You do not make any claim (s) and/or reject the goods or services within thirty (30) days after receiving them, You will be deemed to have accepted them and waive any claims.
     

  7. Reschedule Fee. In the event that You confirm a delivery or install date and the job site is not ready, is unsafe, or no one is present at the designated time, and Hazlu is not notified of the need to reschedule at least twenty-four (24) hours in advance, You agree to pay a reschedule fee of $250.00 or 15% of the installation cost, whichever is greater.
     

  8. Rescission Right. You have the right to cancel an Invoice in its entirety without any penalty, within three (3) business days. You may cancel by sending “Notice of Cancellation” to admin@hazlu.com with a hard copy sent via overnight mail to the address specified on the Invoice by midnight PST of the third business day after You signed or acceptance via payment the Invoice. You must include Your name, Your address, and the Invoice number in your notice of cancellation.
     

  9. Termination. You may terminate this Agreement only if Hazlu breaches this Agreement and fails to cure such breach within thirty (30) days after You provide Hazlu written notice of the breach. Hazlu may terminate this Agreement if You breach this Agreement and fail to cure such breach within thirty (30) days (or five (5) days for failure to pay on time) after notice of the breach. In the event of termination, You agree to pay Hazlu the costs of goods, materials, labor, and other services provided by Hazlu through the date of termination, plus any other amounts specified in this Agreement or allowed under applicable law including but not limited to expected profits.
     

  10. DISCLAIMERS & LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, HAZLU AND/OR ANY OF ITS REPRESENTATIVES SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PERSON, FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE INVOICE, WHICH INVOLVE INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHETHER UNDER THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. HAZLU SHALL NOT BE RESPONSIBLE FOR, AND DOES NOT ASSUME, ANY LIABILITY OR DAMAGES OF ANY SORT FOR ANY DELAY OR INABILITY TO USE ANY PRODUCTS SOLD TO YOU. HAZLU’S MAXIMUM AGGREGATE LIABILITY RELATED TO OR ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO HAZLU PURSUANT TO THIS AGREEMENT OR INVOICE. THESE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT THIS IS A MATERIAL CLAUSE TO THIS AGREEMENT.
     

  11. Delays. You understand that any timelines provided, whether oral or written, are estimates only, even after receiving confirmation that your order is available or ready to be processed. There are many aspects of the materials and custom fabrication that are unforeseeable and outside of the control of Hazlu, including but not limited to third party vendor shipment delays and/or availability. Hazlu will make reasonable attempts to keep you informed of any significant delays. You agree that nothing in this Agreement and in Hazlu’s statements shall be construed as a promise or guarantee about the timeline and ultimate date of installation. Further, You agree that any delay shall not serve as valid cause to terminate this Agreement or withhold payment.
     

  12. Governing Law. This Agreement will be governed by, and interpreted and construed in accordance with, the internal laws of the State of California, without regard for, or reference to principles of conflicts or choice of law. The state and federal courts of the State of California, San Diego County shall have exclusive jurisdiction for disputes arising from, as a result of, or in relation to this Agreement; both parties agree to such choice of venue and will submit to the jurisdiction of such courts without contest or challenge on account of, by way of example and not limitation, forum non conveniens.
     

  13. General Provisions. This Agreement is binding and non-transferrable by You. The section headings which appear throughout this Agreement are provided for convenience only and are not intended to define or limit the scope of this Agreement. If any term, covenant, condition, or provision of this Agreement is held to be void or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and shall in no way be affected, impaired, or invalidated. Time is of the essence.

    Use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature.
     

  14. Entire Agreement. This Agreement, including the Invoice and any change orders, constitute the entire understanding between You and Hazlu regarding the goods and services specified in this Agreement and may only be amended by an amendment signed by You and Hazlu. This Agreement expressly supersedes all prior written or verbal agreements, representations or warranties made by Hazlu, You, or anyone else. Except as set forth in this Agreement, You agree there are no oral or written agreements, representations, warranties, or inducements, express or implied, in any way conditioning this Agreement, and You expressly disclaim their existence. By placing a deposit on Your order or by signing below, You acknowledge that You have read, understand, and accept this Agreement in its entirety. You further acknowledge receiving a complete copy of this Agreement.

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