TERMS AND CONDITIONS

  1. Scope. These Terms and Conditions (“Terms”) are the only terms that govern the provision of the services (“Services”) for the installation of the blinds, shades or shutters and all related goods, materials and equipment (“Materials”) described in the quotation attached hereto (“Quotation”) by Anderson Blinds, Shades, & Shutters, a sole proprietorship in the State of Nebraska (“Anderson”) and the customer described on the Quotation (“Customer”). The Quotation attached hereto and these Terms (collectively, the “Agreement”) comprise the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties between the parties, whether written or oral.

  2. Agreed Price. In consideration for the performance of the Services, Customer shall pay the amounts set forth in the Quotation. Customer shall pay all amounts due in accordance with the payment schedule set forth on the Quotation. In the event that Customer fails to pay any amounts when due, Anderson may (i) charge interest on any such past due amounts at a rate of 16% per annum or the highest rate permitted by applicable law, whichever is less; and (ii) exercise its statutory lien rights. All prices are exclusive of, and Customer is responsible for payment of, all sales, use and excise taxes, and any other taxes, duties or charges of any kind imposed by any governmental authority.

  3. Customers Acts or Omissions. If Anderson’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer, Anderson shall not be deemed to be in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.

  4. Access to the Property. The price of the Services and terms of this Agreement are based upon completion of the Services during normal work hours, and Customer agrees to provide Anderson access to Customer's property as required for completion of the Services. Customer will be responsible if any interruption of Anderson's work results from Customer’s failure to provide reasonable access or due to the acts or omissions of others not under Anderson's direction. Customer agrees that Customer’s telephone, electricity, and water will be made available to Anderson's personnel during the course of the work. Anderson shall not be responsible for protection of Customer’s property. Customer agrees to remove, store, and/or protect personal property during Anderson's work. Customer will manage and be responsible for protection of all vehicles and property that could be damaged due to Anderson's work.

  5. Completion. The date of completion of the Services shall be the date on which the Services are substantially complete (as distinguished from the date of Customer’s acceptance thereof) or the date of Anderson’s last item of work at the property, whichever is earlier.

  6. Manufacturer’s Warranty. Materials made by third party manufacturers are warrantied to the extent of the original manufacturer’s warranty to Anderson, and if extendable, Anderson will extend such warranty to Customer.

    Life Happens Warranty. Anderson warrants that, for a period of five (5) years from the date of completion of the Services (“Warranty Period”), Anderson shall evaluate all damage to or defects in the Materials and Services that Customer brings to Anderson’s attention prior to the expiration of the Warranty Period. Anderson may, in its sole discretion, elect to repair, replace or reperform any damaged or defective Materials and Services, at Anderson’s cost. The foregoing warranty shall not apply to intentional damage or any damage that is covered by Customer’s homeowner’s insurance.

    THE REMEDIES SET FORTH IN THIS SECTION 6 SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND ANDERSON’S ENTIRE LIABILITY FOR ANY BREACH OF THE WARRANTY SET FORTH HEREIN. EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION 6, ANDERSON MAKES NO WARRANTIES WITH RESPECT TO THE MATERIALS OR SERVICES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING, TRADE PRACTICE OR OTHERWISE. If Anderson is not paid in full in accordance with this Agreement, all such warranties are null and void.

  7. Changes. Any change to the Materials or the scope or performance of the Services shall be mutually agreed to by the parties in writing and shall reflect any corresponding adjustments to the price of the Materials and Services.

  8. Force Majeure. Anderson shall not be liable for, and shall not be deemed to have breached this Agreement, for any delay or failure in performing this Agreement when such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Anderson, including without limitation acts and omissions of Customer or others not under Anderson’s direction and control, acts of God, flood, fire, governmental actions, war, riot, national emergency, pandemic, quarantine restrictions or inability or delay in obtaining adequate or suitable materials.

  9. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY: (a) CUSTOMER WAIVES ANY CLAIM AGAINST ANDERSON FOR LOST PROFITS, LOSS OF USE OF PROPERTY, AND ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES, HOWEVER THE SAME MAY BE CAUSED, REGARDLESS OF THE FAULT OR NEGLIGENCE OF ANDERSON; AND (b) CUSTOMER AGREES THAT ANDERSON’S ENTIRE LIABILITY, AND CUSTOMER’S EXCLUSIVE REMEDY, IN LAW AND EQUITY OR OTHERWISE, WITH RESPECT TO THIS AGREEMENT, IS SOLELY LIMITED TO THE AMOUNTS PAID BY CUSTOMER TO ANDERSON FOR THE MATERIALS AND SERVICES.

  10. Termination. Anderson may terminate this Agreement immediately if (a) Customer fails to pay any amount when due under this Agreement; (b) if Customer breaches any provision of this Agreement; or (c) if Customer becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership or assignment for the benefit of creditors. Customer may cancel this Agreement by mailing a written notice to Anderson Blinds, Shades, & Shutters 906 S. 184th Street, Elkhorn, NE 68022 before midnight of the third business day after you signed this Agreement. If you wish, you may use this page as that notice by writing “I hereby cancel” and adding your name and address.

  11. Waiver. No waiver by Anderson of any of the provisions of this Agreement is effective unless expressly set forth in writing and signed by Anderson. No failure to exercise or delay in exercising any rights under this Agreement shall operate or be construed as a waiver thereof. All of Anderson’s remedies under this Agreement are cumulative and in addition to all other rights and remedies it may have under this Agreement, at law or in equity.

  12. Amendment. Except as set forth herein, this agreement cannot be canceled or amended without written mutual agreement of both parties.

  13. Reformation/Severability. Anderson and Customer intend and agree that if a court of competent jurisdiction determines that the scope for any provision of this agreement is too broad to be enforced as written, the court should reform such provision(s) to such narrower scope as it determines to be enforceable. Anderson and Customer further agree that if any provision of this agreement is determined to be unenforceable for any reason and such provision cannot be reformed by the court as contemplated above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof.

  14. Indemnification. Customer shall indemnify, defend and hold harmless Anderson and its employees, agents and representatives (“Indemnified Parties”) from and against any and all suits, claims, actions, proceedings, costs, losses, expenses, liabilities and damages (including reasonable attorneys’ fees) arising out of or related to: (a) the acts, omissions or negligence of Customer or others on its premises; and (b) Customer’s breach of this Agreement.

  15. Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement, including but not limited to Sections 2, 6, 9, 14 and this Section 15.

THE QUOTATION ATTACHED HERETO IS SPECIFICALLY AGREED TO AND INCORPORATED HEREIN.

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