Dennington Decor Policies, Terms, and Conditions

DECORATIONS PROVIDED BY DENNINGTON DÉCOR

Quality of workmanship is guaranteed for one season, insuring that all decorations will be installed in working order. We recommend that you turn the lights on for several hours over the first three to four evenings to test your lighting program. This will allow us to make corrections and bulb replacements as soon as possible in order to maximize the enjoyment of your decorations. Should you have any problems with our decorations, we want to correct them as soon as possible. Repairs needed due to vandalism, neglect, or extraordinary weather conditions are not warranted and will be billed accordingly.

SERVICE POLICY

Upon completion of installation, a 72-hour period of adjustment for the lighting will be allowed, during which time all service work on defective Dennington Décor provided decorations will be provided at no cost to the customer. After this period (except for servicing of icicle lights, which will be charged the standard service charges after the initial 72 hour period), each customer is given one free service call to repair bulbs or make adjustments. For each subsequent service call, the customer will be charged a $25 fee. After notified via email or phone within the initial 72 hours, the customer will automatically be deemed satisfied with their installation. Repairs needed due to vandalism, neglect, or extraordinary weather conditions are not warranted and will be billed accordingly. Dennington Décor will provide free service calls for the following: lights falling off roof and/or entire strings of lights gone out because of a blown light string fuse, and faulty timers. If a non-functioning or underrated electrical outlet is determined to be the problem, customer is responsible for that repair and will be subject to the service call charge. Service policy is void if and when customer personally adds to or makes changes to the installation provided by Dennington Décor.

BILLING AND CONTACT INFORMATION

In the event that you have a question concerning any billing, contact our office within 7 days, or we will assume that all billing is correct. Phone: (512) 415-2245, Email:steven@denningtondecor.com, Address: 15219 Natural Spring Way, Austin, TX 78728.

CUSTOMER OWNED DECORATION REPLACEMENT AND REPAIR POLICY

For customer provided decorations, service calls will be charged at a rate of $50 per hour with a minimum charge of one hour per service call. Materials required, as a result of these additional service calls, will be billed to the customer at Dennington Décor’s retail price. Upon installation of customer owned decorations, all repairs, and non-functioning decorations will be replaced and billed at our retail price for the replaced strand, in addition to the cost of the installation. All non-functioning decorations will be left with the customer.

REMOVAL OF DECORATIONS

The removal of decorations by Dennington Décor is already included in the installation price. Dennington Décor will keep all decorations that it provides. Customers who choose to keep the provided decorations will be charged Dennington Décor’s wholesale price. Takedowns will be scheduled in a timeframe that is most efficient for Dennington Décor. This will most likely, but is not guaranteed to, take place sometime between January 2 and January 15 following the holiday season.

DISCOUNTS & BONUSES

Dennington Décor provides a 20% "Returning Customer" discount for the 2008 Holiday Season, to all customers from the preceding year, on the pre-discount subtotal of all services less than or equal to those purchased the previous year, provided that: 1) Dennington Décor supplied the décor for that customer, 2) the customer did not keep any of their décor from that previous year (those customers will, instead, receive the pricing set for customers who provide their own lights), 3) all décor is in working order (20% discount will still apply, but customer will be billed for replacement décor at wholesale cost, as specified in "Customer Owned" section above). In cases where customer supplied some décor and Dennington Décor supplied some décor, "Returning Customer" discount will apply towards only the percentage of work done with Dennington Décor-supplied décor. In cases where customer requests additional services over previous year, "Returning Customer" discount will only be applied to the services up to the amount performed in previous year. The additional services, however, will be eligible for the "Returning Customer" discount in the following year. Starting in 2008, in order to qualify for the "Returning Customer" discount for the next year, the customer must contact Dennington Décor before the removal of the current year's decorations, with a $20 non-refundable deposit, which will be applied toward the balance of their 2009 payment.

Referrals: After the holiday season is complete, Dennington Décor will also send a bonus check to residential (not commercial) customers who referred new customers to Dennington Décor. Each bonus check will total 5% of the referred customer's bill after the cost of materials has been subtracted from that bill. For example, Customer A refers Customer B to Dennington Décor. If Customer B's bill totals $200, $50 of which is required for materials, in that one year only (the first year that Customer B hires Dennington Décor), Customer A will receive a "Referral Bonus" check of 5% of $150 = $7.50.

TERMS & CONDITIONS

A deposit of 50% may be required at the time the order is placed to order materials, and/or reserve an installation time. Full payment for every item and service is due on the date of service, unless specified elsewhere in writing and agreed upon by Dennington Decor. In the event that the purchase price of each product item and/or service is not paid in full by December 31 of year of service, a time-price differential (FINANCE CHARGE) of 18% (eighteen percent) per annum, subject to the amount allowed by law shall be assessed and due on the unpaid balance from the due date until payment is received in full by Dennington Décor and credited to the purchaser’s account. Payments received will be applied first to any outstanding FINANCE CHARGE and the remainder to the unpaid balance on the account. In the event the purchaser fails to make payments as required, the account may be considered by Dennington Décor to be in default and the purchaser shall be responsible for costs of collections, including reasonable attorneys fees, as allowed by law. Dennington Décor reserves the right to decline any service to be performed, reimbursing the customer for payment received for said service. Dennington Décor can provide estimated times and dates for installations and takedowns, but these times/dates cannot be guaranteed. SEE BELOW SIDE FOR ADDITIONAL TERMS AND CONDITIONS OF SERVICE INCLUDING DENNINGTON DÉCOR WARRANTY AND LIMITATION OF LIABILITY AND REMEDIES.

LIMITED WARRANT AND LIMITATION OF LIABILITY AND REMEDIES

Seller warrants title of materials provided by Dennington Decor. There is no other warranty or responsibility of any kind, expressed or implied, concerning the goods or services INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE GOODS OR SERVICE FOR ANY PARTICULAR PURPOSE, AND NO SUCH WARRANTIES SHALL BE IMPLIED BY LAW. No liability hereunder shall be asserted unless, any loss, damage, injury, or other claim is reported to the seller in writing within thirty days after discovery and failure to give notice of any claim within such period shall constitute and absolute and unconditional waiver of such claim.

THE EXCLUSIVE REMEDY AGAINST THE SELLER FOR ANY CAUSE OF ACTION IS A CLAIM FOR DAMAGES AND IN NO EVENT SHALL DAMAGES OR THE RECOVERY OF ANY KIND AGAINST SELLER EXCEED THE PRICE OF THE SPECIFIC GOODS OR SERVICES WHICH CAUSED THE ALLEGED LOSS, DAMAGE, INJURY, OR OTHER CLAIM. SELLER SHALL NOT BE LIABLE AND ALL CLAIMS AGAINST SELLER ARE WAIVED FOR SPECIAL, DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR EXPENSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, CROP OR PROPERTY LOSS OR DAMAGE, LABOR CHARGES AND FREIGHT CHARGES, WHETHER OR NOT BASED ON THE SELLERS NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY IN TORT, OR ANY OTHER CAUSE OF ACTION.

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