Professional Terms and Conditions
Yardistry’s Authorized Assembly Companies. (“Authorized Assembly Companies”) are service providers dedicated to assisting consumers with, installation, and/or repair of goods (“Goods”) obtained from a retailer with which Yardistry has an independent contractor arrangement. The services offered by Yardistry’s Authorized Assembly Companies are herein referred to as the “Service” or “Services.” In these Terms and Conditions, the terms “you,” “your,” and “Customer” refer to the customer receiving the Services. These Terms and Conditions outline the commitments of Yardistry’s Authorized Assembly Companies to you and your responsibilities concerning the Services.
Yardistry’s Authorized Assembly Companies’ Commitments
- Yardistry’s Authorized Assembly Companies engage third-party independent contractors (“Contractor”) carefully selected for their qualifications and performance standards to perform the Services.
- The relationship between Yardistry’s Authorized Assembly Companies and the Contractor is that of independent contractors.
- Yardistry’s Authorized Assembly Companies will provide the Contractor with necessary information to facilitate scheduling and timely installation of the Goods you have procured from other sources.
- The Contractor is responsible for coordinating Service schedules with the Customer, subject to potential adjustments due to unforeseeable circumstances such as product availability or inclement weather.
- The Customer must ensure the presence of an adult aged 18 or older at the location during Service execution, authorized to endorse the Services upon completion.
- The Customer should complete inventory of all parts prior to Contractor’s arrival so any damaged or missing parts can be arranged prior to assembly appointment.
- Upon the Contractor’s arrival, the Customer should validate the Contractor’s identity. If any uncertainty arises in this regard, please contact assigned Yardistry’s Authorized Assembly Company
- The Customer will ensure that the area designated for unit assembly is flat, level, and prepped for installation.
- The Customer is responsible for ensuring clear pathways from the curb to the desired destination within the premises, free from obstructions that may impede the Contractor’s ability to safely provide the Services.
- The Customer should designate a location at their premises for the Contractor to place packaging materials upon Service completion. It is important to acknowledge that, unless otherwise explicitly agreed in writing, neither Yardistry’s Authorized Assembly Companies nor its Contractor will remove such materials or other items discarded by the Customer.
- The Customer agrees to perform a final inspection of the installed, or repaired Goods. If the Services are satisfactorily completed, the Customer agrees to sign a completion of services form. Any issues with the Services or the Goods should be reported in writing to the Contractor at the time of Service or contact your assigned Yardistry’s Authorized Assembly Company
- It is recognized and agreed that the Customer has procured the Goods from other sources, and neither Yardistry’s Authorized Assembly Companies nor its Contractors are the sellers or distributors of the Goods, thus absolving them of liability for Goods-related defects.
- Any requests for additional Services, claims, complaints, or compliments should be directed to your assigned Yardistry’s Authorized Assembly Company
Limitation of Liability and Release
- Except in cases of direct damage to tangible property or bodily injury resulting directly from Contractor negligence, Yardistry’s Authorized Assembly Companies shall not be liable to the Customer or any other party for any damages, including but not limited to indirect, incidental, special, or consequential damages arising from the Services or the use of Goods. Yardistry’s Authorized Assembly Companies’ total liability to you, unless prohibited by applicable law, shall not exceed the amount paid for the Services. Certain jurisdictions may not allow such limitations or releases; therefore, these terms may not apply to you.
- Should the Customer need to reschedule or cancel a Service appointment with a Contractor, a minimum notice of 72 hours is required; otherwise, Yardistry’s Authorized Assembly Companies reserve the right to impose a rescheduling or cancellation fee of up to $150.
- Should the Customer need to reschedule due to the area of installation not being leveled or prepped for installation, Yardistry’s Authorized Assembly Companies reserve the right to impose a rescheduling or cancellation fee of up to $150.
- Additional fees for Services not initially included in the order may apply, subject to prior agreement between the Customer and Yardistry’s Authorized Assembly Companies. Contractors are not authorized to request or collect additional fees for Services provided by Yardistry’s Authorized Assembly Companies.
- Subject to the cancellation fee, the Customer may cancel Services prior to their execution without incurring fees. If Services are inadequately performed due to Contractor negligence or fault, Yardistry’s Authorized Assembly Companies will make appropriate fee adjustments.
Limited Warranty of Services
- Yardistry’s Authorized Assembly Companies offer a 30-day limited warranty on all Services, guaranteeing freedom from workmanship defects for 30 days from the completion date.
- This limited warranty does not cover damages resulting from events beyond Yardistry’s Authorized Assembly Companies’ control, including but not limited to strikes, natural disasters, and Acts of Nature.
- The warranty does not extend to defects in the manufacture, design, merchantability, or fitness for a particular purpose of the Goods. Such defects may be covered by the manufacturer or seller’s warranty.
- This limited warranty is exclusive to the original Customer and cannot be transferred.
- The warranty will not apply in cases of misuse, abuse, modification, tampering, or servicing by a provider other than one selected by Yardistry’s Authorized Assembly Companies. Yardistry’s Authorized Assembly Companies retain the right to investigate any warranty claims and expect Customer cooperation.
- CUSTOMER ACKNOWLEDGES AND AGREES THAT YARDISTRY’S AUTHORIZED ASSEMBLY COMPANIES’ SOLE AND EXCLUSIVE WARRANTY IS SET FORTH ABOVE, AND NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, APPLY. UNDER NO CIRCUMSTANCES SHALL YARDISTRY’S AUTHORIZED ASSEMBLY COMPANIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, ENHANCED, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
- Some jurisdictions do not permit certain warranty limitations or the exclusion of certain damages. In such cases, applicable state or federal law shall apply.