Offer, Governing Provisions, and Cancellation
This document is an offer or counter-offer by AAA Garage Doors, LLC, an Arizona limited liability company with a place of business at 3820 W Happy Valley Rd STE. 141, Glendale, Arizona 85301 (“AAA” or “Seller”) to sell the products and parts (collectively, the “Products”) and/or perform the services (the “Services”) described in the accompanying document provided by AAA to the customer (“Customer” or “Buyer”) herewith in accordance with these terms and conditions (collectively, the “Agreement”) and is expressly conditioned upon Customer’s assent to the Agreement.
The negotiation, execution, delivery, performance, and enforcement of the Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Arizona, and the United States of America, without regard to principles of conflicts of laws. Customer and AAA each irrevocably and unconditionally agree that the sole and exclusive forum and venue for any legal or equitable action or proceeding arising out of or in connection with this Agreement will lie in the United States District Court for the District of Arizona or the courts in the State of Arizona sitting in Maricopa County and each party hereby irrevocably and unconditionally submits to the sole and exclusive personal jurisdiction of such courts.
No completed repair transaction that was requested, authorized, and paid for by Customer may be canceled or altered by Customer. No other accepted offer or Custom Order (as defined below) may be canceled or altered by Customer after three business days, except upon such terms and conditions as are acceptable to AAA in writing.
Except if this transaction is a completed repair transaction that was requested, authorized, and paid for by Buyer, YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT (Exhibit A).
Down payments will be due in advance of AAA’s performance of 50%. Interest will be charged at the lesser of (i) 18% per year, or (ii) the highest rate permitted by applicable law, on accounts more than 30 calendar days past due.
If production or shipment of completed Products, performance of the Services, or other AAA performance, is delayed by Customer, AAA may immediately invoice, and Customer will pay, the percentage of the purchase price corresponding to the percentage of completion.
Prices, Taxes, and Other Charges
Unless otherwise provided in the Agreement, prices shall be as quoted by AAA. All prices listed in AAA’s publications (including on AAA’s website) are intended as a source of general information only and not as an offer to sell, and all prices contained therein are subject to confirmation by formal quotation by AAA. No order shall be binding upon AAA until received and accepted by AAA in its sole discretion.
Any manufacturer’s tax, occupation tax, use tax, sales tax, inspection or testing fee, or any other tax, fee, interest, or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between AAA and Customer will be paid by Customer in addition to the prices quoted or invoiced.
To the extent permitted by applicable law, if Customer is in default, Customer agrees to pay AAA’s costs for collecting amounts owing, including, without limitation, actual court costs and reasonable attorneys’ fees. Customer also agrees to pay AAA’s actual and reasonable costs of collection occasioned by Customer’s failure to notify AAA of any change of residence or by Customer’s failure to communicate with AAA for a period of 45 days after any default in making payments due under the Agreement.
If Customer makes any payment required by the Agreement that is returned dishonored or unpaid (referred to herein as a “Failed Payment”), AAA may charge Customer a processing fee of the lesser of $15 (or the maximum amount permitted by applicable law) for each Failed Payment.
Delivery and Performance
Delivery of Products to the carrier will constitute delivery to Customer, and Customer will bear all risk of loss or damage in transit. All delivery dates are approximate. Customer shall provide such access to Customer’s premises as may reasonably be requested by AAA for the purposes of performing the Services.