Out of the Box Installation and Repair, Inc. (“Out of the Box”) is a provider of services to consumers concerning the delivery, installation, and/or repair of goods (“Goods”) acquired by consumers from a retailer with which Go Configure has an independent contractor arrangement. The services rendered by Out of the Box are herein referred to as the “Service” or “Services.” In these Terms and Conditions, the terms “you,” “your,” and “Customer” pertain to the customer for whom the Services are being provided. These Terms and Conditions elucidate Out of the Box’s commitments to you and your responsibilities towards Out of the Box concerning the Services.
Out of the Box’s Obligations
- Out of the Box engages third-party independent contractors (“Contractor”) to perform the Services, selected with careful consideration of their qualifications and alignment with Out of the Box’s performance standards.
- The relationship between Out of the Box and the Contractor is that of independent contractors.
- Out of the Box will supply the Contractor with necessary information to facilitate the 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, 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.
- Upon the Contractor’s arrival, the Customer should validate the Contractor’s identity. If any uncertainty arises in this regard, please contact Out of the Box at SERVICE@OUTOFTHEBOX.COM.
- The customer will ensure that the area where they determine the unit to be assembled is flat and level and prepped for the 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 Out of the Box nor its Contractor will remove such materials or other items discarded by the Customer.
- The Customer agrees to perform a final inspection of the delivered, 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 the service company at Service@outofthebox.com.
- It is recognized and agreed that the Customer has procured the Goods from other sources, and neither Out of the Box 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 Service@outofthebox.com.
Limitation of Liability and Release
- Except in cases of direct damage to tangible property, bodily injury resulting directly from Contractor negligence, Out of the Box 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. Out of the Box’s 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 24 hours is required; otherwise, OUT OF THE BOX reserves 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, OUT OF THE BOX reserves 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 OUT OF THE BOX. Contractors are not authorized to request or collect additional fees for Services provided by OUT OF THE BOX.
- 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, OUT OF THE BOX will make appropriate fee adjustments.
Limited Warranty of Services
- OUT OF THE BOX offers a 30-day limited warranty on all Services, guaranteeing that they will be free from workmanship defects for 30 days from the completion date.
- This limited warranty does not cover damages resulting from events beyond OUT OF THE BOX’s control, including but not limited to strikes, natural disasters, and acts of God.
- The warranty does not extend to defects in the manufacture, design, merchantability, or fitness for a particular purpose of the Goods for which Services are provided. 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 OUT OF THE BOX. OUT OF THE BOX retains the right to investigate any warranty claims and expects Customer cooperation.
- CUSTOMER ACKNOWLEDGES AND AGREES THAT OUT OF THE BOX’S 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 OUT OF THE BOX 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.