Terms & Conditions
WELCOME TO CIRCLE CITY GARAGE DOORS
These terms and conditions outline the rules and regulations for the use of Circle City Garage Doors Website, located at
www.circlecitydoors.com. By accessing this Website we assume you accept these terms and conditions. Do not continue to Circle City
Garage Doors if you do not agree to take all of the terms and conditions stated on this page.
Cookies
We employ the use of cookies. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are
used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/
advertising partners may also use cookies.
Terms & Conditions
These Terms and Conditions of Circle City Garage Doors (the “Terms and Conditions”) are incorporated into every customer
contract, quote, estimate or other written proposal of work of Circle City Garage Doors (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. These Terms and Conditions sets forth the general terms and conditions of your use of the
circlecitydoors.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement
is legally binding between Customer and Contractor. By accessing and using the Website and Services, you acknowledge that you have
read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or
other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you”
or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must
not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract
between you and Contractor, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
1. Services. Contractor will perform all services for Customer 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 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.
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.
3. Special Order. In the event Customer places a special order, it is 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 Contractor may apply.
4. 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, attorney’s 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.
5. No Withholding of Payment/Termination for Non-payment. Customer shall not withhold or make any deductions
from payments due Contractor on account of penalty or back charges for alleged defective work. Furthermore, Customer agrees
and recognizes that payment for services rendered by Contractor when due is an express condition precedent to Contractor
continuing work as herein described in this Agreement. Customer recognizes failure to pay for services when due shall entitle
Contractor to terminate work immediately. In the event Contractor terminates work for non-payment as herein described,
Contractor 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 Graves Overhead Doors,
Inc. will be void.
6. Site Conditions. If Contractor must obtain access to other properties in the course of work, Customer shall secure
permission for such and hold harmless and indemnify Contractor 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.
7. Door Casings. Customer is required to have casing for the garage doors openings installed before Contractor shall be
required to hang the doors. If Customer does not have casings around the garage doors, Contractor 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. Contractor 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.
8. Customer Responsibility to Clear and Secure the Worksite. Before and during Contractor’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 Contractor, its employees and agents against all claims arising
out of Customer’s failure to do so.
Limited Warranty
1. Contractor warrants its labor, materials and workmanship to be free from defects for a period of sixty (60) days from the
date of installation, whichever is earlier, provided the materials are manufactured and/or installed by Contractor. 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 Contractor, 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
Contractor’s products by anyone other than Contractor or an authorized agent will void this warranty.
2. Contractor’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. Contractor shall not be responsible for or warranty any painting performed by anyone other than
Contractor or an authorized agent.
3. In the event a manufacturer offers a warranty, such manufacturer’s warranty shall preempt, supersede, and negate
Contractor’s warranty.
4. In resolving or fulfilling any manufacturer warranty claims, full labor charges for repair or replacement by Contractor
may still apply if the labor warranty period has expired.
5. All claims under this limited warranty must be made in writing to Contractor 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 Contractor’s sole discretion. Further, Customer shall allow Contractor the first
opportunity to repair the alleged defective issue. Failure to give Contractor the first opportunity shall void this limited warranty.
6. Upon notification of a defective condition, Contractor will respond with reasonable promptness between the hours of 8:00
a.m. to 5:00 p.m. Monday through Friday, excluding holidays.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY BY CONTRACTOR TO CUSTOMER. ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE EXCLUDED.
7. 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 Contractor of any defect within forty-eight (48) hours of completion of work and will give Contractor the first opportunity to
repair the defective work. Failure to notify the Contractor of a defect within 48 hours following Contractor’s completion of the
work constitutes an acceptance of the work as complete and free from any defects. Further, failure to allow Contractor the first
opportunity to repair the alleged defective work as contemplated in this Section 8 shall void all warranties, express and implied
hereunder. Customer agrees and recognizes that Customer shall not withhold any payments for alleged defective work.
Contractor is not responsible for reimbursement for work performed by any other company or individual.
Disclaimer of Warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is
solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will
meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the
results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the
Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise
obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss
of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or
obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written,
obtained by you from us or through the Service shall create any warranty not expressly made herein.
Unforeseen Conditions
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 Contractor 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.
1. 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 Contractor cannot control. Accordingly, Customer further agrees to hold Contractor
harmless and shall indemnify and defend Contractor 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 Contractor’s work involving, affecting, or relating to such unforeseen or concealed conditions.
2. Additional Work. In the event Contractor performs any additional work not related to its original contract, Contractor
will provide an additional charge for that work, and Customer agrees to promptly pay Contractor as outlined herein, for the
additional work. Further, any changes made after any materials are ordered, is the sole responsibility of the Customer.
Limitation of liability and Indemnification
1. Contractor 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,
Contractor’s liability to Customer shall not exceed the total of any payments made by Customer for goods and services provided.
2. Contractor 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.
3. Hold Harmless and Indemnity. Customer agrees to indemnify and hold harmless Contractor 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 Contractor 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 Contractor 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.
4. Services Not Covered. Contractor 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 contractor 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.
5. Termination by Contractor. This agreement may be terminated by Contractor 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 Contractor does not release Customer of any of its obligations hereunder. In its sole discretion,
Contractor may withhold any prepaid amounts by Customer and offset same from any amounts owed by Customer to Contractor.
6. Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and
binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so
that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this
Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the
parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter
hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
7. Entire Agreement. This Agreement, including and together with any related Statements of Work, exhibits, schedules,
attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter
contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties,
both written and oral, regarding such subject matter.
8. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement
(each, a “Notice”, and with the correlative meaning “Notify”) must be in writing and addressed to the other Party at its address
set forth below (or to such other address that the receiving Party may designate from time to time in accordance with this
Section). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight
courier or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in
this Agreement, a Notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has complied
with the requirements of this Section 8.
Notice to Service Provider: Circle City Garage Doors
4835 Dancer Drive
Indianapolis, IN 46237
(317) 447-9371
Governing Law, Jurisdiction and Venue
1. This agreement will be governed and interpreted by the laws of the State of Indiana. 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 Contractor’s work for Customer shall be brought in the state courts of
Marion County, Indiana.
3. Customer irrevocably submits to the exclusive jurisdiction of the state courts of Marion County, Indiana 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
Contractor’s work for Customer by service of process as provided by Indiana 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 Marion County, Indiana.
5. Customer irrevocably waives any claims that any litigation brought in any such court has been brought in an
inconvenient forum, and
6. Customer irrevocably agrees that any legal proceeding arising out of or in connection with Contractor’s work for
Customer shall be brought exclusively in the state courts of Marion County, Indiana.
7. No Waiver. Failure of Contractor to pursue any remedy or course of action allowed under the Terms and Conditions
shall not to be construed as a waiver of any available rights. And Contractor may at any time, upon Contractor’s discretion elect
to pursue any rights afforded it hereunder.
8. Amendment. These Terms and Conditions may not be changed unless mutually agreed upon by the parties.
9. Application. Customer acknowledges and agrees that these Terms and Conditions apply to any and all contracts
between Contractor and Customer.
Advertisements
During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers
or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties or
representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or
responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly
or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically
stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or
the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other
third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link
on the Website and Services. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a)
for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or
operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl,
or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services,
third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any
of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to
any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all
applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms
of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This
Agreement does not transfer to you any intellectual property owned by Circle City Garage Doors or third parties, and all rights, titles, and
interests in and to such property will remain (as between the parties) solely with Circle City Garage Doors. All trademarks, service
marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Circle City
Garage Doors or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may
be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use
any of Circle City Garage Doors or third-party trademarks.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the
Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not
authorized to access or use the Website and Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to
it, you may do so via circlecitydoors.com, (317) 447-9371 or write a letter to Circle City Garage Doors, 4835 Dancer Drive, Indianapolis,
Indiana 46237.