AM HOME DELIVERY TERMS AND CONDITIONS
By purchasing the installation services described on your order you agree to be bound by these Terms and Conditions, and these Terms and Conditions set forth the contractual relationship between us. Throughout these Terms and Conditions, the word “you” and “your” refer to the customer, and the words “In Home Installations,” “we”, “us” and “our” refer to In Home Installations Inc., or any third-party service providers performing services on In Home Installations behalf. “Work” or “services” refers to the installation or other services purchased by you. All services are provided to you directly by us pursuant to these Terms and Conditions. Your purchase of any related products or appliances are subject to the terms and conditions between you and Wayfair LLC. We are responsible for any matters related to the services, and Wayfair is responsible for all matters related to the products.
Services.
We will perform the services set forth on your order. We will perform the services in a professional and workmanlike manner, consistent with industry standards.
Authorization.
Someone who is at least 18 years of age must be present at all time to authorize review, and approve all work completed on your property.
Safety of our Workforce.
To ensure the health and safety of our service providers, we reserve the right to refuse or reschedule work due to conditions we deem to be unsafe-which include but are not limited to: extreme temperatures, natural disasters, or other hazards-real or perceived. Some items being hauled away for disposal may require additional equipment or personnel to safely remove them, which may result in a delay or rescheduling of, or our being unable to perform the haul-away service and which may result in additional charges.
Labor Only.
Service does not include parts or accessories, (e.g. power cords, shut off valves, water line/kits) except where specifically stated. Labor beyond the scope of work for the specified service may incur an additional charge, which our serviceman may or may not be able to perform.
Non-Refundable.
All installation services are non-refundable once service begins.
Outlets.
We will not move, alter, or install electrical outlets.
Drop-Off Only.
If your premises do not have standard connections, is missing connections or parts (e.g. waterline, shut-off valves), has corroded parts, is not up to code, or you refuse to allow us to install any manufacture provided safety hardware (e.g., range anti-tip bracket), we reserve the right to decline connecting your product but will drop it off at which point the services will be deemed completed.
Warranty: In Home Installations offers a 30-day warranty on all labor provided by us. If a problem arises within this time we urge you to contact us immediately via email at [email protected] so we may schedule a follow up appointment to address the issue. Any service call made after the expiration of the 30-day warranty may incur additional fees.
Claims:
In order to ensure prompt handling of any claim made by you for services provided by us you must file a claim in writing. A phone call does not constitute a legal claim. For detailed instructions on how to submit a claim, click here. For claims or questions regarding the products purchased from Wayfair LLC, please contact Wayfair LLC directly.
Disclaimer.
We shall not be liable for any failure or delay in performance due to any cause beyond our control, and we may choose not to provide services where our ability to perform is impaired by you or circumstances beyond our control. Service may be denied if dangerous or unhealthy conditions are present, including possible code violations. For any un-installation services provided, we are not responsible for repairing any changes made to the premises. We will not disassemble, deconstruct, or break down any product for haul away services even if necessary for removal.
Limitation of Liability and Release.
Except for direct property damage resulting from our negligence, to the greatest extent allowed under applicable law, under no circumstances shall we be liable to you or any other person for any damages arising out of or related to services provided by us, including but not limited to claims of indirect or incidental, special, or consequential damages, expenses, cost, loss of savings, loss of profits, loss of earnings, loss of business, and loss of service. You affirmatively release us and hold harmless from any loss, liability, or damage that you, or the owner or lessee of the premises, may suffer- including, but not limited to, any alterations to the premises (e.g., changes to walls, base boards, floors). Some states do not allow limitations or releases on liability, so this limitation of liability may not apply to you.
Choice of Law:
The terms and conditions shall be governed and construed in accordance with the laws of the State of New York, excluding New York’s choice of law principles, and all claims relating or arising out of the services provided by us for you, whether sounding in contract, tort or otherwise shall likewise be governed by the laws of the State of New York, excluding New York’s choice of law principles.
Exclusive Jurisdiction:
If either party brings against the other party and proceeding arising out of the services provided by us for you, whether sounding in contract, tort or otherwise, that party may bring that proceeding only in a federal or state court sitting in the State of New York, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.
