DEFINITIONS. These Terms and Conditions supplement the material provisions of the Proposal that these Terms and Conditions are attached to. “Ascent” means Ascent Stairlifts, with its principle offices at 747 Sheridan Blvd, Unit 4B, Lakewood, CO 80214. “Buyer” is the person or entity identified as such on the Proposal these Terms and Conditions are attached to. “Date of Service” means the day on which installation of Buyer’s lift is completed.
ACCEPTANCE. THE ACCEPTANCE OF BUYER’S ORDER IS SUBJECT TO ALL TERMS AND CONDITIONS SET FORTH HEREIN, ALL OF WHICH ARE ACCEPTED BY BUYER, SUPERSEDE ANY OTHER AGREEMENTS OR TERMS. These Terms and Conditions shall become a binding contract at the time Buyer executes the Proposal. No communication, prior to subsequent hereto, shall act to modify, amend, or reject anyterm or condition stated herein unless expressly agreed to in writing by a duly authorized officer of Ascent.
PAYMENT TERMS. Prior to ordering any equipment, the Buyer shall provide to Ascent a non-refundable payment in the amount of fifty-percent (50%) of the total estimated charges. The balance of charges is due upon completion of installation. The estimated charges include all parts, labor, and shipping required for service, plus applicable state, local, and sales tax. All payments not made by the due date shall bear interest at a rate of one-and-one-half percent (1.5%) per month on the unpaid balance. Further, Ascent shall be entitled to recover from Buyer any costs incurred in enforcing any of these Terms and Conditions or obligations contained in the Proposal, including court fees, out-of-pocket expenses, and reasonable attorneys’ fees.
ALTERATION OF TERMS. Changes in the terms and conditions herein shall not be binding on Ascent unless made in writing and executed by a duly authorized officer of Ascent.
WARRANTY. So long as Buyer uses an installer endorsed by Ascent, Ascent warrants that the installation will be performed in a workmanlike manner and that all workmanship is guaranteed for ninety (90) days from the Date of Service to be free from defects. This warranty is an express limited warranty. If defective service is discovered during the ninety (90) day warranty period Ascent agrees to remove or correct any portions of the Work that may be damaged or destroyed by such defective Work or by the removal or correction of such defective Work. EQUIPMENT PROVIDED IS NOT WARRANTED BY ASCENT. ASCENT WILL TRANSFER ANY RIGHTS TO WARRANTIES, IF ANY, ISSUED BY EQUIPMENT MANUFACTURERS. THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, ANDCONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE INSTALLATION SERVICE PROVIDED. Any abuse or misuse of the goods by Buyer voids this limited warranty. ASCENT SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF ASCENT CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY.
LIMITATION OF LIABILITY. ASCENT’S ENTIRE LIABILITY TO BUYER FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE WORK, WHETHER DUE TO ASCENT’S NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT BUYER PAYS ASCENT FOR SUCH WORK. IN NO EVENT SHALL ASCENT HAVE LIABILITY WHATSOEVER FOR INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL (SUCH AS LOST PROFITS OR REVENUES) DAMAGES, OR FOR TRANSPORTATION, ADJUSTMENT, OR OTHER EXPENSES, WHICH MAY ARISE IN CONNECTION WITH THE INSTALLATION OF A LIFT. BUYER’S ONLY REMEDY UNDER THESE TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST ASCENT IN AN AMOUNT NOT TO EXCEED WHAT BUYER PAID ASCENT FOR THE WORK.
INDEMNIFICATION. Buyer hereby agrees to defend, indemnify and hold harmless Ascent, and its agents and employees, from any claims, damages or expenses, including reasonable attorney fees, arising or alleged to arise from: (1) any asserted deficiencies or defects in the goods or services that Ascent provides or performs caused by misuse or alteration thereof by Buyer, or the improper handling or maintaining by Buyer or other non-Ascent agents; (2) the breach of any term stated herein; or, (3) the act or omission of Buyer; irrespective of whether such claim, damage or expense is caused, or alleged to be caused, in part by the joint, several, comparative, (but not sole), negligence, breach of contract or warranty, or any other breach of duty by Ascent whether asserted under a negligence, a strict or any other product liability theory, or any other legal theory.
SUBCONTRACTORS. Ascent may subcontract with other service providers for the installation or service of your lift.
GOVERNING LAW. Without regard to any conflict of law provisions, the laws of the State of Colorado govern these Terms and Conditions.
COMPLETE AGREEMENT; MERGER. These Terms and Conditions, together with the Proposal, govern Ascent’s obligations and constitute the entire understanding and agreement of the parties upon the subject matter hereof. No other oral or written terms or conditions apply, including ones in any purchase order that you provide to Ascent. Ascent does not authorize any variance or modification of these Terms and Conditions. There is no agreement, oral or otherwise, which is not set forth in this writing and neither parol nor extrinsic evidence shall be introduced to explain or change the terms of these Terms and Conditions.
SEVERABILITY. If any provision of these Terms and Conditions is held to be illegal or unenforceable, that provision will be deemed to have never been part of the Terms and Conditions, and the remaining terms and conditions will continue to be enforceable.
FORCE MAJEURE. Ascent is not responsible for any failures or delays in performing its obligations that are due to events outside Ascent’s reasonable control.
WAIVER. No delay or failure on the part of Ascent in exercising any right, privilege or remedy shall operate as a waiver of such or of any other right, privilege, or remedy, and no waiver whatever shall be valid against Ascent unless in writing by a duly authorized officer of Ascent and then only to the extent set forth therein. No waiver by Ascent of any breach of this Agreement shall be deemed a waiver of any prior or subsequent breach of the same or any other provision of this contract.
HEADINGS. Section and other headings contained in this document are for reference purposes only and shall not affect, in any way, the meaning or interpretation of this document.
ASSIGNMENT. No assignment of this contract of the rights and obligations hereunder shall be valid without express written consent of Ascent. Notwithstanding anything in this section 15, Ascent at its option can assign this contract to another party.
SALES TAX. Ascent is not responsible for collecting sales tax on prescribed medical equipment. Currently the State of Colorado and local authorities do not require that tax be collected if the equipment is prescribed by a licensed doctor. If the buyer does not provide the proper documentation, Ascent shall collect sales tax.
REFUND POLICY. Ascent offers a refund for non-defective, unused equipment returned within 30 days of delivery, except special orders. Special orders include any equipment that was not in stock at Ascent at the time of order. The equipment boxes must be unopened with the full length of uncut rail. All refunds are subject to a $300 shipping and handling fee in the lower 48 states. For Hawaii and Alaska, the shipping and handling fee is $900 for all returns.
SHIPPING POLICY. Ascent will apply commercially reasonable efforts to ship equipment within two days of your initial payment. Ascent usually ships via Fedex. A tracking number will be provided when your shipment is on its way. Ascent offers free shipping on all stairlifts in the lower 48 states. Hawaii and Alaska residents will incur a $400 shipping fee. Please note, out of state orders will not be charged sales tax. Orders within Colorado will be charged applicable sales tax unless a medical prescription form is provided.
Ascent is not responsible for pulling permits for installation. Permits are the responsibility of the Buyer. Ascent installers are independent contractors throughout the United States. It is the responsibility of these installers to maintain their own licensing requirement and liability insurance. If you have any questions about these requirements, please consult your installation contractor.