Terms of Service
IF YOU ARE A BUYER AND WISH TO USE THIS WEBSITE TO PURCHASE OUR PRODUCTS, PLEASE CAREFULLY READ THIS BUYERS AGREEMENT BEFORE DOING SO. BY USING THIS WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THIS BUYERS AGREEMENT, WHICH WILL BE A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND HOMIZE, INC.
Parties and Effective DateThis Buyers Agreement (“Agreement”) is between Homize, Inc. (“Homize”, “We” or “Us”) and you (“Buyer” or “You”) as a user of this web Site (the “Site”) and services available through the Site (the “Services”).
This version of the Buyers Agreement was implemented and became effective on November 24, 2020 (“Effective Date”). It applies from the later of that date and the date on which you accepted it through the Site.
SpecificationsCHANGES MAY NOT BE MADE ONCE AN ORDER HAS BEEN PLACED. ORDERS ARE PROCESSED IMMEDIATELY, WE CANNOT CANCEL OR CHANGE AN ORDER FOR ANY REASON. ONCE PLACED, AN ORDER WILL NOT BE REFUNDED OR CHANGED. THERE ARE NO EXCEPTIONS.
NO CHANGE CAN BE MADE. NO EXCEPTIONS.
Our process is not flexible. Once an order is complete, it is processed immediately at our factory and cannot be changed, cancelled or altered for any reason. If you are concerned that you are unsure about, or may want to change your order, please do not place it.
If you do not receive confirmation please check your spam folder or call us. We may have experienced a transmission problem and need your assistance. Do not re-fax or e-mail again.
Limited WarrantyHomize sells nationwide. ONCE OUR PRODUCTS ARE RECEIVED, IT IS IMPOSSIBLE FOR US TO MONITOR THE CONDITIONS UNDER WHICH THEY ARE KEPT. We provide special handling instructions with every order, to minimize any warping, twisting or cracking due to conditions beyond our control. Claims on any order or material discrepancies must be made within 2 weeks of receipt.
In the event that a mistake has been made to your order, Homize will do everything in its power to correct that mistake, which may cause delays to the order and Buyer’s project. Homize will not be held responsible for any delays or subsequent damages or delays as a result of a remake, replacement or problem order.
OrderingAll orders must be placed through the Site. All orders are processed immediately upon payment. Items will be inspected at our facility before shipping for damage and quality. Our production team will begin construction upon approval and receipt of payment in full.
Homize strictly adheres to these recommendations:
Under no circumstances should unfinished mill work be delivered to a job or site that is under construction and open to the elements.
Products should not be subjected to abnormal heat, cold, extreme dryness, humid conditions or sudden changes therein.
PaymentAll payments shall be made through the Site. Homize accepts payment via Visa, MasterCard, American Express and Discover.
Handling and Freight PolicyMost orders are shipped within 5-10 business days from credit approval. In an effort to simplify and clarify our charges for freight and handling, the following policy applies.
All orders will be assessed for standard HANDLING CHARGES. Each item will be counted for the handling charge. This charge will apply to all orders, whether it is to be will-called, delivered on our truck or shipped common carrier or UPS. Additional delivery attempts via our trucks or UPS will result in a charge of $50.00 each.
All other orders will be shipped via common carrier or UPS. Orders will be assessed for packaging materials required to ship.
Minimum invoice charge $25.00.
Any damage to outer packaging must be noted and brought to the attention of the carrier. Save all packaging material in case a damage claim is to be made. If you would like to file a claim for products damaged upon arrival, please send photos and a description of the damage to Homize. Once submitted, we will advise you within 1 business day of our course of action.
$15.00 fuel surcharge for each delivery.
Return & Refund PolicyProducts must be inspected upon receipt.
In the very rare event that a damaged product is shipped, please email detailed pictures of the damage with an explanation and request for replacement. If the product was damaged/defective before shipping, it will be replaced, we will ship the replacement upon receiving the damaged product and will refund shipping costs associated. In the event an item is returned to us by a client, and the damage did not result from us, Buyer will be liable for all shipping and related costs.
All packages are shipped with insurance for the order amount. In the event a product is damaged by the courier delivery service, the client will be responsible for pursuing a claim with the delivery company directly. Please be advised that some delivery services will contact you prior to the delivery. If they are unable to reach you by the phone numbers provided, they will not deliver your order. Freight companies will charge up to $100 per day to store your order. Buyers are responsible for these and any other additional charges.
Delivery ServicesHomize will not be held responsible for delays caused by factors beyond our control (i.e. obstruction or blockage of usual routes of transportation, unavoidable accidents, riots, natural disasters, vehicle shortages, prevention of labor, power shortages or lack of materials.) There are no other warranties of any kind expressed or implied.
Buyer acknowledges that there are a variety of factors that may impact, and or delay the delivery and production of the doors or items ordered. Many of them are beyond the control of Homize. Regardless of the nature of a delayed order, problematic or mistaken order, Homize and it's affiliates will not be held responsible for any delays and any subsequent problems or damages realized by Buyer. Buyer agrees not to hold Homize liable for any delays or damages for any reason. Homize will do it's best to deliver the order within the promised time, but Buyer realizes that delays may occur for a variety of unknown reasons. In the event that a delay occurs, for any reason, Homize will not be held responsible for any resultant losses damages or liabilities.
PricingPrices are subject to change at any time and without notice. If a product is listed at an incorrect price, you have the right to refuse, cancel, modify or take action to address the error. In no event shall Homize be responsible for selling or shipping a product at an incorrect price.
Homize does not guarantee continuous, uninterrupted, ongoing access to the Site or any of the Site’s features, and operation of the Site may be interfered with or eliminated entirely by numerous factors outside of Homize’s control or at Homize’s sole discretion.
Limited WarrantyANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY ON THIS PRODUCT, AND ON THE PARTICULAR PORTION OR PART OF THE PRODUCT IN QUESTION. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. IN NO EVENT WILL BUILD NOW INC. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT.
IndemnificationYou agree to indemnify and hold Homize and Homize’s parents, subsidiaries, affiliates, officers, directors, consultants, suppliers, contractors, agents and employees harmless from any loss, expense, and damage, including but not limited to reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to Buyer’s conduct or failure to act. Buyer’s use of Homize’s services, or Buyer’s use of the Site, including but not limited to claims or demands relating to Buyer’s breach of this Agreement, violation or alleged violation of any other rights of another, and violation or alleged violation of any law or regulation.
RepresentationsThe parties represent to each other as follows, acknowledging that the other party is relying on these representations:
The parties have the authority and capacity to enter into this Agreement;
The parties have duly executed and delivered this Agreement; and
This Agreement constitutes a legal, valid and binding obligation, enforceable against the parties in accordance with its terms.
Limitation of LiabilityIN NO EVENT SHALL HOMIZE, OR ITS SUBSIDIARIES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO HOMIZE’S SITE OR SERVICES, YOUR USE OF HOMIZE’S SERVICES OR THE SITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, OR EMOTIONAL DISTRESS.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT HOMIZE IS EVER DETERMINED TO BE LIABLE TO YOU, YOU AGREE THAT HOMIZE IS EVER DETERMINED TO BE LIABLE TO YOU, YOU AGREE THAT HOMIZE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF HOMIZE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS, SHALL BE LIMITED TO THE AMOUNT OF FEES HOMIZE ACTUALLY RECEIVED AS A RESULT OF ANY PROJECTS YOU PURCHASED IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF HOMIZE IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES, AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL HOMIZE BE LIABLE TO YOU, AND YOU WAIVE ANY RIGHT TO SEEK FROM HOMIZE, CONSEQUENTIAL OR SPECIAL DAMAGES.
Choice of LawThis Agreement shall be interpreted and governed by the laws of the State of California, without regard to conflict of laws principles.
Dispute Resolution disputeYou and Homize will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations. If the dispute cannot be settled amicably within fourteen (14) days from the date on which either party has served notice on the other of the dispute, then the remaining provisions of this Section 16 shall apply.
In the event that the dispute cannot be resolved through negotiations, but it qualifies for small claims, the dispute shall be resolved in small claims court in San Francisco, CA.
If the dispute does not qualify for small claims court, the dispute shall be settled by binding arbitration in San Francisco, California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.