Raynor Doors of Nebraska, Inc.

Terms & Conditions

These Terms and Conditions of Raynor Doors of Nebraska, Inc. (the “Terms and Conditions”) are incorporated into every customer contract, quote, estimate or other written proposal of work of Raynor Doors of Nebraska, Inc. (the “Contractor”). Customer is defined to be a homeowner or other contractor who has entered into a written contract with Contractor to perform work. The Terms and Conditions are not transferable or assignable.

  1. Services. Raynor Doors of Nebraska, Inc. will perform all services for customers in accordance with generally acceptable industry standards of other competent contractors performing the same or similar services in the state where the services are performed.
  2. Estimates. Any estimate provided to Customer is effective for thirty calendar (30) days from the date of issuance. After the expiration of the 30-day period, Customer will be required to obtain a new estimate from the Contractor. Estimates do not include any painting or touchup desired by Customer or later requested alterations or deviations from the original scope of work.
  3. Acceptance/Approval. To become a binding contract all estimates must be approved in writing by the Customer. Approval in writing may be made by email or other writing. Written approval is necessary for an Order or Work Order to be scheduled for installation. Any changes/cancellations made or requested after approval or acceptance by Customer are subject to acceptance by Contractor and/or additional Customer approval of any applicable charges or fees. All written approvals subject the estimate, quote or other written proposal to these Terms and Conditions.
  4. Payment Terms.
    1. If Customer is a homeowner: Customer must pay in advance a minimum payment of half the provided estimate for all installations and special orders. Special orders are non-refundable. Upon final installation, full payment must be paid immediately upon completion of work and receipt of invoice.
    2. If Customer is a contractor: The contractor shall pay 100% up front or as otherwise agreed upon by the parties.
  5. Special Order. In the event the Customer places a special order, it is the Customer’s responsibility to inspect the order to verify the product ordered is correct. Upon arrival of the materials, if Customer is not satisfied with the product when delivered for reasons other than damage, Customer must pay any costs associated with the exchange of materials, including any difference in price for the new materials and any restocking fee that Raynor Doors of Nebraska, Inc. may acquire.
  6. Delinquent Account. If a delinquent account is turned over for collection, Customer will be responsible for all costs of collection, including, but not limited to, collection agency fees, attorneys fees, and court costs. Any invoice not paid within thirty (30) days from the date due will be subject to a finance charge of eighteen percent (18%) per annum or the maximum rate allowed by law until paid.
  7. No Withholding of Payment/Termination for Non-payment. Customers shall not withhold or make any deductions from payments due to Raynor Doors of Nebraska, Inc. on account of penalty or back charges for alleged defective work. Furthermore, the Customer agrees and recognizes that payment for services rendered by Raynor Doors of Nebraska, Inc. when due is an express condition precedent to Raynor Doors of Nebraska, Inc. continuing work as described in this Agreement. Customer recognizes failure to pay for services when due shall entitle Raynor Doors of Nebraska, Inc. to terminate work immediately. In the event Raynor Doors of Nebraska, Inc. terminates work for non-payment as herein described, Raynor Doors of Nebraska, Inc. shall be entitled to all of its reasonable expenses including, but not limited to, cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law, and all warranties of Raynor Doors of Nebraska, Inc. will be void.
  8. Site Conditions. If Raynor Doors of Nebraska, Inc. must obtain access to other properties in the course of work, Customer shall secure permission for such and hold harmless and indemnify Raynor Doors of Nebraska, Inc. and its employees and agents against all actions and consequences arising or relating to the use of said properties, including but not limited to damage done in the normal course of work, excluding negligence, and for securing said property and its contents during and after work.
  9. Door Casings. Customers are required to have casing for the garage doors openings installed before Raynor Doors of Nebraska, Inc. shall be required to hang the doors. If a Customer does not have casings around the garage doors, Raynor Doors of Nebraska, Inc. may agree, at its discretion, to install the doors, but shall not be liable for any damages resulting from the lack of door casings. Failure to have casings around the door openings shall also void any warranties provided herein. Raynor Doors of Nebraska, Inc. may, at the Customer’s instruction and expense, install the casings, but such work will be deemed an extra expense to the Customer in addition to the original quote provided.
  10. Customer Responsibility to Clear and Secure the Worksite. Before and during Raynor Doors of Nebraska, Inc.’s work, Customer shall secure, remove and protect all persons and property, and any contents thereof from the worksite, including but not limited to adults, children, animals, cabinets, fixtures flooring, walls, tiling, carpets, drapes, furniture, vehicles, and vegetation during and upon completion of work, and shall hold harmless and indemnify Raynor Doors of Nebraska, Inc., its employees and agents against all claims arising out of Customer’s failure to do so.
  11. LIMITED WARRANTY.
    1. Raynor Doors of Nebraska, Inc. warrants its materials and workmanship to be free from defects for one (1) year from the date of delivery or installation, whichever is earlier, provided the materials are manufactured and/or installed by Raynor Doors of Nebraska, Inc.. This warranty does not cover defects caused by installation that varies from the manufacturer’s recommended instructions if such variance is necessitated by Customer’s site conditions as determined by Raynor Doors of Nebraska, Inc., and such variance is acknowledged and agreed upon by Customer. Additionally, this warranty does not cover any abuse, misuse, negligence, or acts of God. Further, any modification to Raynor Doors of Nebraska, Inc.’s products by anyone other than Raynor Doors of Nebraska, Inc. or an authorized agent will void this warranty.
    2. Raynor Doors of Nebraska, Inc.’s materials subject to this warranty may only be painted with 100% acrylic latex paint with a Light Reflective Value (LRV) of 55 or higher. Customer acknowledges that Customer has received the manufacturer’s finishing instructions and Customer or Customer’s painting contractor assumes all responsibility for following the manufacturer’s painting recommendations that apply. Raynor Doors of Nebraska, Inc. shall not be responsible for or warranty any painting performed by anyone other than Raynor Doors of Nebraska, Inc. or an authorized agent.
    3. In the event a manufacturer offers a warranty, such manufacturer’s warranty shall preempt, supersede, and negate Raynor Doors of Nebraska, Inc.’s warranty.
    4. In resolving or fulfilling any manufacturer warranty claims, full labor charges for repair or replacement by Raynor Doors of Nebraska, Inc. may still apply if the labor warranty period has expired.
    5. All claims under this limited warranty must be made in writing to Raynor Doors of Nebraska, Inc. within twenty-four (24) hours of discovery. The remedy provided under this limited warranty is limited to repair or replacement of the non-conforming part or parts of defective materials, which decision is vested in Raynor Doors of Nebraska, Inc.’s sole discretion. Further, Customer shall allow Raynor Doors of Nebraska, Inc. the first opportunity to repair the alleged defective issue. Failure to give Raynor Doors of Nebraska, Inc. the first opportunity shall void this limited warranty.
    6. Upon notification of a defective condition, Raynor Doors of Nebraska, Inc. will respond with reasonable promptness between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays.
  12. THIS LIMITED WARRANTY IS THE ONLY WARRANTY BY Raynor Doors of Nebraska, Inc. TO CUSTOMER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED. Prompt Customer Inspection. Upon completion of the work, Customer agrees to exercise due diligence in inspecting the work for defective workmanship and materials, including but not limited to damaged or missing components. Customer will notify Raynor Doors of Nebraska, Inc. of any defect within forty-eight (48) hours of completion of work and will give Raynor Doors of Nebraska, Inc. the first opportunity to repair the defective work. Failure to notify the Raynor Doors of Nebraska, Inc. of a defect within 48 hours following Raynor Doors of Nebraska, Inc.’s completion of the work constitutes an acceptance of the work as complete and free from any defects. Further, failure to allow Raynor Doors of Nebraska, Inc. the first opportunity to repair the alleged defective work as contemplated in this Section 12 shall void all warranties, express and implied hereunder. Customer agrees and recognizes that Customer shall not withhold any payments for alleged defective work. Raynor Doors of Nebraska, Inc. is not responsible for reimbursement for work performed by any other company or individual.
  13. Unforeseen Conditions.
    1. If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature which differ materially from that which is visually ascertained, Customer accepts responsibility for such conditions and related circumstances outside the control of Raynor Doors of Nebraska, Inc. and Customer further agrees to pay for any labor or materials, including repair to damaged equipment of Contractor caused by such conditions and/or circumstances.
    2. Unforeseen Conditions. It is the intent of this provision to make Customer responsible for all (1) unforeseen and concealed conditions, and (2) for that which Raynor Doors of Nebraska, Inc. cannot control. Accordingly, Customer further agrees to hold Raynor Doors of Nebraska, Inc. harmless and shall indemnify and defend Raynor Doors of Nebraska, Inc. and all of its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, consequential damages, arising out or as a result from the performance of Raynor Doors of Nebraska, Inc.’s work involving, affecting, or relating to such unforeseen or concealed conditions.
  14. Additional Work: In the event Raynor Doors of Nebraska, Inc. performs any additional work not related to its original contract, Raynor Doors of Nebraska, Inc. will provide an additional charge for that work, and Customer agrees to promptly pay Raynor Doors of Nebraska, Inc. as outlined herein, for the additional work. Further, any changes made after any materials are ordered, is the sole responsibility of the Customer.
  15. License, Permits, and Fees: Customer shall furnish and pay for, at their own expense, all taxes, permits, and license fees required to legally perform the contract work in accordance with this Agreement.
  16. LIMITATION OF LIABILITY.
    1. Raynor Doors of Nebraska, Inc. shall not be responsible for any direct, incidental, or consequential damages causing either bodily injury or property damages, regardless of the cause. Notwithstanding any language to the contrary contained in this agreement, Raynor Doors of Nebraska, Inc.’s liability to Customer shall not exceed the total of any payments made by Customer for goods and services provided.
    2. Raynor Doors of Nebraska, Inc. is not responsible for the following: (a) Site conditions, including, but not limited to, the location or availability of electrical supply, the size of the door opening, concrete or asphalt in the structure or drainage, water infiltration problems, etc.; (b) Nonperformance or delays in performance due to causes beyond its control, including but not limited to, work stoppages, fires, floods, civil disobedience, riots, government requirements, strikes, material shortages, product deliveries, acts of God and similar occurrences, etc.; (c) lost or stolen components; or (d) any issues which arise due to Customer’s faulty electrical wiring which causes the equipment to malfunction.
  17. Hold Harmless and Indemnity. Customer agrees to indemnify and hold harmless Raynor Doors of Nebraska, Inc. from any claim, demand, cause of action, suit, debt, account, controversy, administrative action, loss, damage, liability, obligation, cost, expense (including but not limited to attorney fees), or other action, investigation, or review taken by any professional organization, licensing board, third party payor, or other person against Raynor Doors of Nebraska, Inc. arising from, based on, or related to, any negligence by Customer or Customer’s agents or unforeseen condition at the Customer’s worksite. Customer shall reimburse Raynor Doors of Nebraska, Inc. for Contractor’s reasonable costs and expenses within 15 days of receipt of any bill, including attorney fees, incurred directly as a result of any Customer’s or Customer agent’s negligence or unforeseen condition at Customer’s worksite.
  18. Services Not Covered. Raynor Doors of Nebraska, Inc. will not perform any other work or trade other than that which is specified herein, including but not limited to carpentry, electrical, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless specified in writing. Nor will Raynor Doors of Nebraska, Inc. do any painting or touch-up work to the jams where wood “trim” or wood stop molding must be removed in order to install the materials. Unless otherwise stated, paint, plaster, stucco, and landscaping are the responsibility of Customer.
  19. Termination by Raynor Doors of Nebraska, Inc.. This agreement may be terminated by Raynor Doors of Nebraska, Inc. for the following reasons: fraud and/or material misrepresentation by Customer, Customer’s failure to make a payment required under this agreement, or Customer’s failure to promptly pay for any goods and services, whether or not those goods and services are included under this agreement. Termination of this agreement by Raynor Doors of Nebraska, Inc. does not release Customer of any of its obligations hereunder. In its sole discretion, Raynor Doors of Nebraska, Inc. may withhold any prepaid amounts by Customer and offset the same from any amounts owed by Customer to Raynor Doors of Nebraska, Inc..
  20. Governing Law, Jurisdiction and Venue.
    1. This agreement will be governed and interpreted by the laws of the State of Nebraska. Any portion of this agreement, which is declared void shall be deleted and shall not render the remainder of this agreement void.
    2. Any litigation arising out of or in connection with Raynor Doors of Nebraska, Inc.’s work for Customer shall be brought in the state courts of Lincoln, Nebraska.
    3. Customer irrevocably submits to the exclusive jurisdiction of the state courts of Lincoln, Nebraska  and agree and consent that service of process may be made upon the Customer in any legal proceeding arising out of or in connection with this Raynor Doors of Nebraska, Inc.’s work for Customer by service of process as provided by Nebraska Law.
    4. Customer irrevocably waives, to the fullest extent permitted by law, any objection which the Customer may now or hereafter have to the laying of venue of any litigation arising out of or in connection with this Agreement brought in the state courts of Lincoln, Nebraska.
    5. Customer irrevocably waives any claims that any litigation brought in any such court has been brought in an inconvenient forum.
    6. Customer irrevocably agrees that any legal proceeding arising out of or in connection with Raynor Doors of Nebraska, Inc.’s work for Customer shall be brought exclusively in the state courts of Lincoln, Nebraska.
  21. No Waiver. Failure of Raynor Doors of Nebraska, Inc. to pursue any remedy or course of action allowed under the Terms and Conditions shall not be construed as a waiver of any available rights. And Raynor Doors of Nebraska, Inc. may at any time, upon Raynor Doors of Nebraska, Inc.’s discretion elect to pursue any rights afforded it hereunder.
  22. Amendment. These Terms and Conditions may not be changed unless mutually agreed upon by the parties.
  23. Application. Customer acknowledges and agrees that these Terms and Conditions apply to any and all contracts between Raynor Doors of Nebraska, Inc. and Customer.