TMII ENTERPRISES, LLC (dba DON’S GARAGE DOORS)
TERMS AND CONDITIONS OF SALE

  1. Offer, Governing Provisions and Cancellation. This document is an offer or counter-offer by TMII Enterprises, LLC, a Delaware limited liability company with a place of business at 3254 E. Broadway Road, Phoenix, Arizona 85040 (dba DON’S GARAGE DOORS) (“DON’S” or “seller”) to sell the products and parts (collectively, the “Products”) and/or perform the services (the “Services”) described in the accompanying document provided by DON’S to the customer (“Customer” or “Buyer”) herewith in accordance with these terms and conditions (collectively, the “Agreement”) and is expressly conditioned upon Customer’s assent to the Agreement. The negotiation, execution, delivery, performance and enforcement of the Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Arizona, and the United States of America, without regard to principles of conflicts of laws. Customer and DON’s each irrevocably and unconditionally agree that the sole and exclusive forum and venue for any legal or equitable action or proceeding arising out of or in connection with this Agreement will lie in the United States District Court for the District of Arizona or the courts in the State of Arizona sitting in Maricopa County and each party hereby irrevocably and unconditionally submits to the sole and exclusive personal jurisdiction of such courts. No completed repair transaction that was requested, authorized and paid for by Customer may be cancelled or altered by Customer. No other accepted offer or Custom Order (as defined below) may be cancelled or altered by Customer after three business days, except upon such terms and conditions as are acceptable to DON’S in writing.Except if this transaction is a completed repair transaction that was requested, authorized and paid for by Buyer, YOU, THE BUYER MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT (Exhibit A).
  2. Credit Approval; Payment Terms.  Subject to Sections 11(A) and (B), as applicable, payment is due upon Customer’s receipt of DON’S invoice following shipment or performance, subject to DON’S approval of Customer’s credit, in DON’S discretion; if such approval is withheld, payment will be due in advance of DON’S performance. Interest will be charged at the lesser of (i) 18% per year, or (ii) the highest rate permitted by applicable law, on accounts more than 30 calendar days past due. If production or shipment of completed Products, performance of the Services, or other DON’S performance, is delayed by Customer, DON’S may immediately invoice, and Customer will pay, the percentage of the purchase price corresponding to the percentage of completion.
  3. Prices, Taxes and Other Charges.  Unless otherwise provided in the Agreement, prices shall be as quoted by DON’S. All prices listed in DON’S publications (including on DON’S website) are intended as a source of general information only and not as an offer to sell, and all prices contained therein are subject to confirmation by formal quotation by DON’S. No order shall be binding upon DON’S until received and accepted by DON’S in its sole discretion. Any manufacturer’s tax, occupation tax, use tax, sales tax, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between DON’S and Customer will be paid by Customer in addition to the prices quoted or invoiced. To the extent permitted by applicable law, if Customer is in default, Customer agrees to pay DON’S costs for collecting amounts owing, including, without limitation, actual court costs and reasonable attorneys’ fees. To the extent permitted by applicable law, Customer also agrees to pay DON’S s actual and reasonable costs of collection occasioned by Customer’s failure to notify DON’S of any change of residence or by Customer’s failure to communicate with DON’S for a period of 45 days after any default in making payments due under the Agreement. If Customer makes any payment required by the Agreement that is returned dishonored or unpaid (referred to herein as a “Failed Payment”), DON’S may charge Customer a processing fee of the lesser of $15 (or the maximum amount permitted by applicable law) for each Failed Payment.
  4. Delivery, Performance.  Delivery of Products to the carrier will constitute delivery to Customer, and Customer will bear all risk of loss or damage in transit. All delivery dates are approximate. Customer shall provide such access to Customer’s premises as may reasonably be requested by DON’S for the purposes of performing the Services.
  5. Force Majeure. DON’S shall be excused from, and shall not have any liability for, any delay in delivery, delay in performance, non-delivery, or other failure to perform any of its obligations under this Agreement where DON’S delay, non-delivery, or failure to perform is caused, in whole or in part, by a Force Majeure Event. Without limiting the generality of the foregoing, if DON’S is delayed in performing under this Agreement due to a Force Majeure Event, DON’S will be entitled to extend the relevant delivery or performance date by the amount of time that DON’S was delayed as a result of the Force Majeure Event, plus such additional time as may be reasonably necessary to overcome the effect of the delay. A “Force Majeure Event” is a condition or event that is beyond the reasonable control of DON’S, whether foreseeable or unforeseeable, foreseen or unforeseen, including, without limitation, severe weather, storm, flooding, hurricane, tornado, seismic disturbance, act or omission of Customer, act or omission of any third party, natural disaster or other act of God, fire, explosion or other casualty, quarantine, epidemic, pandemic, disease, virus, condemnation, strike, slowdown or other labor dispute or shortage, transportation interruption, theft, vandalism, riot or war, terrorism, power outage, interruption in 2 electronic communications systems, change in law, act of government, government-mandated allocation requirements, issuance of executive order or government order, government-mandated shutdown, or unavailability of parts, materials or supplies at a commercially reasonable price.
  6. Changes.  DON’S may at any time make such changes in process of Services and design in Products, components or parts as DON’S deems appropriate, without notice to Customer.
  7. Warranties.  A copy of DON’S Limited Product Warranty for each Product is attached hereto as Exhibit B. A copy of DON’S Services Warranty for the performance of Services is attached hereto as Exhibit C.
  8. CUSTOMER’S INDEMNITY. Customer shall indemnify, defend and hold harmless DON’S and its officers, agents, and employees from and against any and all claims, losses, damages, liabilities, costs and expenses that may arise out of Customer’s acts or omissions, including, but not limited to: (a) any breach by Customer of the Agreement; (b) any violation by Customer of any law, rule, or regulation; (c) any misuse of the Products by Customer; and/or (d) any negligence or willful misconduct of Customer. DON’S shall give Customer written notice of any claim for which indemnification is sought under the Agreement, provided that the failure to give such written notice shall not, however, relieve Customer of its indemnification obligations, except and only to the extent that Customer forfeits rights or defenses by reason of such failure. DON’S, may, at DON’S option, assume and control the defense of the claim, and in such case, Customer shall indemnify DON’S from and against all losses, damages, liabilities, costs and expenses incurred by DON’S in defending such claims. If DON’S decides not to assume the defense of a claim, then Customer shall assume and control the defense of such claim, at Customer’s expense and by Customer’s own counsel (which counsel shall be subject to the approval of DON’S, which approval will not be unreasonably withheld or delayed); provided that DON’S shall have the right to participate in the defense of any claims with counsel selected by it at DON’S expense. DON’S and Customer shall cooperate with each other in all reasonable respects in connection with the defense of any claims. Notwithstanding any other provision of this Agreement, Customer shall not consent to the entry of any judgement or enter into any settlement of any claims without the prior written consent of DON’S.
  9. Security Interest. If the Products are sold on credit terms, Customer acknowledges that DON’S retains a purchase money security interest in the Products. To secure Customer’s obligations to DON’S under the Agreement or any other agreement, Customer hereby grants to DON’S a security interest in all the Products sold under the Agreement, whether now owned or hereafter acquired, and all products and proceeds thereof. DON’S may file any financing statements and send any necessary notices to perfect or protect such security interest.
  10. No Assignment. Customer shall not assign its rights or delegate its duties under the Agreement. Any such attempted assignment or delegation shall be null and void.
  11. New Garage Doors.  This Section 11 shall only apply if Customer purchases a new garage door from DON’S.
    1. Custom Orders. If Customer purchases a new garage door that is a special order or is custom-made (in either case, a “Custom Order”), Customer shall pay to DON’S a deposit of 50% of the invoice price of the new garage door. If Customer cancels such Custom Order more than three business days after the date the Custom Order is placed, then DON’S may deduct from the deposit an amount equal to the actual cost of DON’S direct and indirect losses, expenses, fees, and other amounts paid arising out of the cancelled Custom Order, and Customer shall promptly reimburse DON’S for any such amount that exceeds the amount of the deposit. All payments received from Customer may be applied against open invoices in the sole discretion of DON’S. DON’S will have the right to offset any and all amounts due and owing from DON’S to Customer against all amounts due from Customer to DON’S.
    2. Payment Authorization. If Customer’s purchase of a new garage door is a Custom Order, Customer hereby authorizes TMII Enterprises, LLC to charge the credit card, debit card or bank account number that Customer has provided to TMII Enterprises, LLC (such card or account is referred to as Customer’s “Payment Account”) for the 50% deposit described above. Customer hereby further authorizes TMII Enterprises, LLC to charge Customer’s Payment Account for the remainder of the invoice price of the new garage door (the “Balance Payment”) upon completion of installation of the door at Customer’s premises. Customer agrees that TMII Enterprises, LLC, or its authorized agent or payment processor, may retain and store Customer’s Payment Account information so that it may charge the Balance Payment to the Payment Account upon completion of installation of the door, and Customer hereby consents to the storage of such information.
    3. Garage Door Dimensions. Unless DON’S is to perform framing Services for Customer or Customer provides at least 24-hours’ prior notice to DON’S of cancellation of a scheduled appointment, if Customer’s finished garage door opening dimensions do not match those provided by DON’S to Customer, then Customer shall pay DON’S an amount equal to the actual cost of DON’S direct and indirect losses, expenses, fees, and other amounts paid arising out of the scheduled appointment at which DON’S personnel is unable to complete installation Services due to such dimensions.
    4. Cleared Premises. Prior to DON’S performance of installation Services, Customer shall sufficiently clear space around Customer’s garage and motor (at least 12 feet). Unless Customer provides at least 24-hours’ prior notice to DON’S of cancellation of a scheduled appointment, if Customer’s garage is not sufficiently clear at the time of a scheduled appointment then Customer shall pay to DON’S an amount equal to the actual cost of DON’S direct and indirect losses, expenses, fees and other amounts paid arising out of the scheduled appointment at which DON’S personnel is unable to complete installation Services due to the conditions of the premises.

Updated December 2023

EXHIBIT A
NOTICE OF CANCELLATION

 

Date   _____________________

 

You may CANCEL this transaction, without any penalty or obligation, within THREE BUSINESS DAYS from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the seller, at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice, or any other written notice, or send a telegram, to:

TMII Enterprises, LLC (dba DON’S GARAGE DOORS) at
3254 E. Broadway Road
Phoenix, Arizona 85040

 

NO LATER THAN MIDNIGHT OF _______________.
(Date)

I HEREBY CANCEL THIS TRANSACTION.

______________ _____________________
(Date) (Buyer’s Signature)

 

EXHIBIT B
LIMITED PRODUCT WARRANTY
TMII Enterprises, LLC (dba DON’S GARAGE DOORS)

 

TMII Enterprises, LLC, a Delaware limited liability company (dba DON’S GARAGE DOORS) (“DON’S”), shall assign to the original purchaser at retail (the “Purchaser” or “you”) any assignable warranties of the manufacturer of the garage door Products (as defined below) sold by DON’S to Purchaser as in effect on the date of delivery of such Products to Purchaser by DON’S, to the extent permitted by such warranties and applicable law.

If the manufacturer does not offer an assignable warranty on the Products sold by DON’S to Purchaser, then DON’S warrants to the Purchaser that the Products will be free from defects in workmanship or material appearing within the Warranty Period (as defined below). This warranty is given only to the original retail purchaser and may not be transferred to any subsequent buyer. This warranty does not cover Products, parts or equipment that are purchased or used outside of the United States of America or Canada. The text of each manufacturer’s warranty for the Products is available using the hyperlinks specified below. In cases where no hyperlink is available, please contact DON’S at 833-238-3026 to request the written warranty (provided at no charge to you).

Limitation of Implied Warranties: DON’S offers no express warranties other than the warranty set forth in this document. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS EXPRESS WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific rights and you may also have other rights that vary from state to state.

Limitations on Liability: UNDER NO CIRCUMSTANCES, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY, WILL DON’S BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

Products and Warranty Period: The “Warranty Period” shall be from the time of installation of the Product in Purchaser’s home for the duration described below:

 

Product DON’S Warranty Period

(from installation)

Manufacturer’s Warranty Policy Hyperlink
Low Cycle Spring (10,000 cycles) 2 years No hyperlink available
High Cycle Spring (25,000 cycles) 5 years No hyperlink available
Max Life Spring (80,000 cycles) Limited Lifetime No hyperlink available
Standard Nylon Roller 1 year No hyperlink available
Max Life Roller Limited Lifetime No hyperlink available
Bottom Rubber Weather Seal 1 year No hyperlink available
Perimeter Rubber Weather Seal 1 year No hyperlink available
Torsion System Drum 1 year No hyperlink available
Torsion System Bearing 1 year No hyperlink available
Torsion System Cable 1 year No hyperlink available
Torsion System Torsion Tube 1 year No hyperlink available
Electronic Circuit Board 1 year No hyperlink available
Electronic Remote 1 year No hyperlink available
Electronic Keyless Entry 1 year No hyperlink available
Face Hardware Hinge 1 year No hyperlink available
Face Hardware Strut 1 year No hyperlink available
Face Hardware Bottom and Top Bracket 1 year No hyperlink available
Face Hardware Operator Reinforcement Bracket 1 year No hyperlink available
LiftMaster Smart LED Garage Door Opener
Motor (87504-267; 84505R; 87802; 84602; 84501; 8500WMC; 8500WMC-267) Limited Lifetime https://cgi.widen.net/content/6ibnzv0gl7/original/114-5710-000.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/tgwpoujqti/original/114-5835-000.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/jwcqmmesfs/original/114-5706-000.pdf?u=mcyivk&download=true

Belt (87504-267; 84505R; 87802; 84501) Limited Lifetime https://cgi.widen.net/content/6ibnzv0gl7/original/114-5710-000.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/tgwpoujqti/original/114-5835-000.pdf?u=mcyivk&download=true

Battery Backup (87504-267; 87802; 84602; 8500WMC; 8500WMC-267) 1 year https://cgi.widen.net/content/tgwpoujqti/original/114-5835-000.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/jwcqmmesfs/original/114-5706-000.pdf?u=mcyivk&download=true

Integrated LED (87504-267; 87802) 5 years https://cgi.widen.net/content/tgwpoujqti/original/114-5835-000.pdf?u=mcyivk&download=true
Integrated LED (84505R; 84602; 84501) 1 year https://cgi.widen.net/content/6ibnzv0gl7/original/114-5710-000.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/tgwpoujqti/original/114-5835-000.pdf?u=mcyivk&download=true

Camera (84505R; 87504-267) 1 year https://cgi.widen.net/content/6ibnzv0gl7/original/114-5710-000.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/tgwpoujqti/original/114-5835-000.pdf?u=mcyivk&download=true

Parts (87504-267; 87802; 8500WMC; 8500WMC-267) 5 years https://cgi.widen.net/content/6ibnzv0gl7/original/114-5710-000.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/jwcqmmesfs/original/114-5706-000.pdf?u=mcyivk&download=true

Parts (84505R; 84602; 84501) 1 year https://cgi.widen.net/content/6ibnzv0gl7/original/114-5710-000.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/tgwpoujqti/original/114-5835-000.pdf?u=mcyivk&download=true

Accessories (MAX Wireless Keyless Entry Model 878MAX; 3-Button MAX Remote Control Model 890MAX, 893MAX and 895MAX; Remote Control Visor Clip; myQ® Remote LED Light Model 827LM; Smart Control Panel Model 880LMW; myQ® Home Bridge Model 819LMB; Remote Control Model 891LM; Multi-Function Control Panel Model 882LMW; Mini Universal Remote Control Model 374UT; Universal Remote Control Model 380UT; Automatic Garage Door Lock Model 841LM; Motion Detecting Control Panel with Timer-to-Close Control Model 881LMW; Motion Detecting Control Panel Model 886LMW) 1 year https://cgi.widen.net/content/tgwpoujqti/original/114-5835-000.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/ercz26qibb/original/114a3930.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/sfnwk56fy2/original/114A4958.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/glfo6pwl5e/original/114a4972.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/z4ptvahqav/original/114-5433-000.pdf?u=mcyivk&download=true

https://cgi.widen.net/content/jwcqmmesfs/original/114-5706-000.pdf?u=mcyivk&download=true

The Genie Company Garage Door Opener
Motor/Gearbox (3120; 3033; 3035; 3053; 3055; 3155; 6070; 6170; 7033; 7035; 7055; 7155) Limited Lifetime https://www.geniecompany.com/files/en/warranty/wall-mount-garage-door-opener

https://www.geniecompany.com/files/en/warranty/belt-chain-drive-garage-door-opener

https://www.geniecompany.com/files/en/warranty/3020-3120-garage-door-opener

Motor/Gearbox (3020; 6072; 6172) 15 years https://www.geniecompany.com/files/en/warranty/wall-mount-garage-door-opener

https://www.geniecompany.com/files/en/warranty/3020-3120-garage-door-opener

Motor/Gearbox (1055; 2028; 2033; 2035; 2053; 2055; 2128) 10 years https://www.geniecompany.com/files/en/warranty/belt-chain-drive-garage-door-opener

https://www.geniecompany.com/files/en/warranty/1028-2028-1128-2128-garage-door-opener

Motor/Gearbox (2036) 7 years https://www.geniecompany.com/files/en/warranty/belt-chain-drive-garage-door-opener
Motor/Gearbox (1028; 1035; 1128; 1155) 5 years https://www.geniecompany.com/files/en/warranty/belt-chain-drive-garage-door-opener

https://www.geniecompany.com/files/en/warranty/1028-2028-1128-2128-garage-door-opener

Belt (3155; 7055;7155) Limited Lifetime https://www.geniecompany.com/files/en/warranty/belt-chain-drive-garage-door-opener
Belt (1028;1035; 1055; 1128; 1155; 2028; 2033; 2035; 2036; 2053; 2055; 2128; 3020; 3033; 3035; 3053; 3055; 3120; 7033; 7035; 7053) 15 years https://www.geniecompany.com/files/en/warranty/belt-chain-drive-garage-door-opener

https://www.geniecompany.com/files/en/warranty/3020-3120-garage-door-opener

https://www.geniecompany.com/files/en/warranty/1028-2028-1128-2128-garage-door-opener

Chain (1028; 1035; 1055; 1128; 1155; 2028; 2033; 2035; 2053; 2036; 2055; 2128; 3020; 3033; 3035; 3053; 3055; 3120; 3155; 7033; 7035; 7053; 7055; 7155) 5 years https://www.geniecompany.com/files/en/warranty/belt-chain-drive-garage-door-opener

https://www.geniecompany.com/files/en/warranty/3020-3120-garage-door-opener

https://www.geniecompany.com/files/en/warranty/1028-2028-1128-2128-garage-door-opener

Core Unit Parts (3033; 3035; 3053; 3055; 3155; 6070; 6072; 6170; 6172; 7033; 7035; 7053; 7055; 7155) 5 years https://www.geniecompany.com/files/en/warranty/belt-chain-drive-garage-door-opener

https://www.geniecompany.com/files/en/warranty/wall-mount-garage-door-opener

Core Unit Parts (3120; 3020) 3 years https://www.geniecompany.com/files/en/warranty/3020-3120-garage-door-opener
Core Unit Parts (1028; 1035; 1055; 1128; 1155; 2028; 2033; 2035; 2036; 2053; 2055; 2128;) 1 year https://www.geniecompany.com/files/en/warranty/belt-chain-drive-garage-door-opener

https://www.geniecompany.com/files/en/warranty/1028-2028-1128-2128-garage-door-opener

Accessories or other parts and components (1028; 1035; 1055; 1128; 1155; 2028, 2033; 2035; 2036; 2053; 2055; 2128; 3020; 3033; 3035; 3053; 3055; 3120; 3155; 6070; 6072; 6170; 6172; 7033; 7035; 7053; 7055; 7155) 1 year https://www.geniecompany.com/files/en/warranty/wall-mount-garage-door-opener

https://www.geniecompany.com/files/en/warranty/belt-chain-drive-garage-door-opener

https://www.geniecompany.com/files/en/warranty/3020-3120-garage-door-opener

https://www.geniecompany.com/files/en/warranty/1028-2028-1128-2128-garage-door-opener

Amarr Company Residential Garage Doors
Lincoln 1000; Hillcrest 1000 Single Family Paint Finish: 15 years

Multi-Family Paint Finish: 5 years

Sections: 1 year

Hardware Springs: 1 year

DecraGlassTM: 10 years

DecraTrim Inserts: 10 years

Window Frames: 10 years

Laminated Windows: 5 years

Insulated Windows: 1 year

https://www.amarr.com/content/dam/amarr/com/us/en/amarr/find-warranty/local-dealer/amarr/classica/Amarr-Residential-Warranty-08.21-current.pdf
Lincoln 2000; Hillcrest 2000 Single Family Paint Finish: 25 years

Multi-Family Paint Finish: 7 years

Sections: 2 years

Hardware Springs: 2 years

DecraGlassTM: 10 years

DecraTrim Inserts: 10 years

Window Frames: 10 years

Laminated Windows: 5 years

Insulated Windows: 1 year

https://www.amarr.com/content/dam/amarr/com/us/en/amarr/find-warranty/local-dealer/amarr/classica/Amarr-Residential-Warranty-08.21-current.pdf
Heritage 1000; Classica 1000; Lincoln 3138; Hillcrest 3138; Lincoln 3000; Hillcrest 3000 Single Family Paint Finish: Limited Lifetime

Multi-Family Paint Finish: 10 years

Sections: 3 years

Hardware Springs: 3 years

DecraGlassTM: 10 years

DecraTrim Inserts: 10 years

Window Frames: 10 years

Laminated Windows: 5 years

Insulated Windows: 1 year

https://www.amarr.com/content/dam/amarr/com/us/en/amarr/find-warranty/local-dealer/amarr/classica/Amarr-Residential-Warranty-08.21-current.pdf
Classica 2000; Olympus 3138; Designers Choice 3138 Single Family Paint Finish: Limited Lifetime

Multi-Family Paint Finish: 10 years

Sections: 5 years

Hardware Springs: 5 years

DecraGlassTM: 10 years

DecraTrim Inserts: 10 years

Window Frames: 10 years

Laminated Windows: 5 years

Insulated Windows: 1 year

https://www.amarr.com/content/dam/amarr/com/us/en/amarr/find-warranty/local-dealer/amarr/classica/Amarr-Residential-Warranty-08.21-current.pdf
Heritage 3000; Olympus 3200; Classica 3000; Designers Choice 3200 Single Family Paint Finish: Limited Lifetime

Multi-Family Paint Finish: 10 years

Sections: Limited Lifetime

Hardware Springs: Limited Lifetime

DecraGlassTM: 10 years

DecraTrim Inserts: 10 years

Window Frames: 10 years

Laminated Windows: 5 years

Insulated Windows: 1 year

https://www.amarr.com/content/dam/amarr/com/us/en/amarr/find-warranty/local-dealer/amarr/classica/Amarr-Residential-Warranty-08.21-current.pdf
Clopay Corporation Residential Garage Doors
70B Single Family Paint Finish: 10 years

Color Blast Paint Finish: 5 years

Multi-Family Paint Finish: 10 years

Sections / Delamination: 5 years

Windows: 10 years

Hardware / Springs: 3 years

https://clopaypdfs.com/pdf_files/WAR-C32_EN.pdf
AR5S; AR5L; AR5SV; AR5LV; BD5N; BD5NV; BD5E; BD5EV; BR5N; BR5NV; BR5E; BR5EV; GD5S; GD5L; GD5SV; GD5LV; GR5S; GR5L; GR5SV; GR5LV; HDB; HDBL; PR5N; PR5E; PR5NV; PR5EV; T50S; T50L; 73; 76; 75; 75L; 4200; 4203 Single Family Paint Finish: 15 years

Color Blast Paint Finish: 5 years

Multi-Family Paint Finish: 10 years

Sections / Delamination: 5 years

Windows: 10 years

Hardware / Springs: 3 years

https://dealer.clopaypdfs.com/pdf_files/WAR-C34_EN.pdf

https://clopaypdfs.com/pdf_files/WAR-C32_EN.pdf

HDS; HDSL; T52S; T52L; 76V; 5500; 5503 Single Family Paint Finish: 25 years

Color Blast Paint Finish: 5 years

Multi-Family Paint Finish: 10 years

Sections / Delamination: 5 years

Windows: 10 years

Hardware / Springs: 3 years

https://clopaypdfs.com/pdf_files/WAR-C32_EN.pdf
AR4S; AR4L; AR4SV; AR4LV; AR2SU; AR2LU; AR2SP; AR2LP; AR1SU; AR1LU; AR1SP; AR1LP; BD4N; BD4NV; BD4E; BD4EV; BR4N; BR4NV; BR4E; BR4EV; BD1EU; BD1NU; BD2EU; BD2NU; BR2EU; BR2NU; BR1EU; BR1NSU; GD4S; GD4L; GD4SV; GD4LV; GR4S; GR4L; GR4SV; GR4LV; GD1LU; GD1SU; GD2LU; GD2SU; GR2LU; GR2SU; GR1LU; GR1SU; GD1LP; GD1SP; GD2LP; GD2SP; GR1LP; GR1SP; GR2LP; GR2SP; HDB4; HDBF; HDSF; HDG; HDGL; HDGF; HDGC; HDGCC; HDGR; HDGRC; HDPCC1; HDPRC1; HDPCC2; HDPRC2; HDP20;

HDPL20; HDPF20; HDPC20; HDPR20; HDP13; HDPL13; HDPF13; HDPC13; HDPR13; PR4N; PR4E; PR4NV; PR4EV;

T40S; T40L; T40F; T42S; T42L; T42F; T41F; 48; 94; 4F; 84A; 2050; 2053; 2051; 2132; 2138; 4050; 4051; 4053; 4132; 4138; 4300; 4301; 4302; 4305; 4308; 4309; 4310; 6130; 6131; 6132; 6133, 6138; 6200; 6201; 6202; 6203; 6205; 6208; 6209; 7130; 7131; 7132; 7133; 7138; 7139; 7200; 7201; 7202; 7205; 7208; 7209; 9130; 9131; 9132; 9133; 9134; 9135; 9138; 9139; 9200; 9201; 9202; 9203;9204; 9205; 9208; 9209

Single Family Paint Finish: Limited Lifetime

Color Blast Paint Finish: 5 years

Multi-Family Paint Finish: 10 years

Sections / Delamination: 5 years

Windows: 10 years

Hardware / Springs: 3 years

https://clopaypdfs.com/pdf_files/WAR-C31_EN.pdf

https://clopaypdfs.com/pdf_files/WAR-C32_EN.pdf

https://dealer.clopaypdfs.com/pdf_files/WAR-C34_EN.pdf

https://dealer.clopaypdfs.com/pdf_files/WAR-C35_EN.pdf

 

For purposes of the Warranty Periods described above, “Limited Lifetime” shall mean as long as the Purchaser owns the home in which the Product is installed. “Single Family” Products shall mean garage doors manufactured for use in a single family residence. “Multi-Family” Products shall mean garage doors manufactured for use in residential condominiums or similar multi-family housing units. “Core Unit Parts” shall mean the powerhead, wired wall control, Safe-T-Beam® system, J-Arm and rail. Any parts of Products repaired or replaced under this warranty are warranted only for the balance of the Warranty Period on the original part that was repaired or replaced.

Sole and Exclusive Remedy: As the Purchaser’s only remedy, and DON’S only responsibility, for any defect in the Product, DON’S will either, at DON’S option, replace the defective part of the Product, repair the defective part of the Product or refund the price paid by the Purchaser for the defective part of the Product.

Exclusions: This warranty does not cover any Product failure caused by the following:

  1. abuse, damage, misuse or use of the Product in violation of the Product instructions, manufacturer’s care and maintenance instructions, or owner’s manual;
  2. unauthorized or improper installation;
  3. modification, alteration, addition or repair to any Product or part;
  4. accident, neglect, or failure to provide necessary maintenance, including failure to follow the Product instructions or owner’s manual;
  5. failure to maintain the Product or part in accordance with the Product instructions, manufacturer’s care and maintenance instructions, or owner’s manual;
  6. use of a pressure washer;
  7. non-factory applied paint;
  8. high-moisture environments (for insulated glass);
  9. high-lift or vertical lift applications;
  10. bottom seal shrinkage or thermal bow; and
  11. acts of god and/or environmental conditions including, but not limited to, severe weather (including without limitation hurricanes, tornados, wind, severe snowstorms or severe rainstorms), fires, flooding, earthquakes, seismic disturbances, hail, wind, excessive snow loads, or other natural disasters, exposure to chemicals or atmospheric conditions (including, without limitation, exposure to fallout, corrosive materials, fumes, salt spray, ash, cement dust, animal waste or foreign substances, or abrasive cleaners), surface corrosion, scratches, chips, surface rust, vandalism, accident, neglect, radiation, water runoff from lead, copper or galvanic metal flashing, or any other cause beyond the reasonable control of DON’S.

This warranty does not cover the cost of standard maintenance, batteries, decorative hardware, single pane glass, missing or damaged parts from clearance or open box sales, or any additional services that Purchaser incurs for anyone to inspect, attempt to repair or remove any Product or part of any Product or any other charges for labor. Under all circumstances you will be responsible to pay those taxes and costs.

How to Submit a Warranty Claim

To make a claim under this warranty, the Purchaser must provide proof of purchase of the Product and make a claim to DON’S using the contact details set out below, within 30 days after the defect was discovered. As a condition to receiving the remedy, the Purchaser may be required by DON’S, at the Purchaser’s expense, to return the Product to DON’S and to pay for any necessary return freight or taxes for a repaired or replacement Product.

For more information or to make a warranty claim, please contact:

TMII Enterprises, LLC (dba DON’S GARAGE DOORS)
3254 E. Broadway Road
Phoenix, Arizona 85040
833-238-3026

 

EXHIBIT C
SERVICES WARRANTY

TMII Enterprises, LLC, a Delaware limited liability company (dba DON’S GARAGE DOORS) (“DON’S”), warrants that any installation or repair services (“Services”) it provides to the original purchaser (the “Purchaser” or “you”) will be performed in a manner consistent with customary practice in its industry. Should a failure to conform to this warranty appear within (i) thirty (30) days after completion of any Services other than new garage door installation Services; (ii) within one (1) year after new garage door installation Services for garage doors other than the packages set forth in the table below; or (iii) for the Warranty Period set forth in the table below for new garage door installation Services of the new garage door packages specified in such table (as applicable), and, if DON’S is promptly notified thereof in writing, Purchaser’s sole and exclusive remedy (and DON’S sole and exclusive liability) for any breach shall be for DON’S to either (a) re-perform the Services, or (b) provide Purchaser with a refund of that portion of amounts paid by Purchaser to DON’S for the defective Services (whichever DON’S determines, in its discretion, to provide).

Limitation of Implied Warranties
THE WARRANTIES SET FORTH IN THIS SERVICES WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED. DON’S EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Limitations on Liability
UNDER NO CIRCUMSTANCES, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY, WILL DON’S BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Products and Warranty Period: The “Warranty Period” for new garage door installation Services of the new garage door packages specified below shall be from the time of installation for the duration described below:

 

Product Package Name Product Installed Warranty Period (from installation)
1 Star Garage Door Model: Amarr Lincoln 1000; Amarr Hillcrest 1000; Clopay T50S; Clopay T50L; Clopay GD5S; Clopay GD5L; Clopay BD5N; or Clopay BD5E 1 year
Parts: Standard Manufacturer Parts (10,000 cycles)
LiftMaster Garage Door Opener Model: 8155 
2 Stars Garage Door Model: Amarr Lincoln 2000; Amarr Hillcrest 2000; Amarr Heritage 1000; Amarr Classica 1000; Clopay T52S; Clopay T52L; Clopay GD5SV; Clopay GD5LV; Clopay T40S; Clopay T40L; Clopay T40F; Clopay GD4S; Clopay GD4L; Clopay BD4N; Clopay BD4E; Clopay BD5NV; or Clopay BD5EV 2 years
Parts: Manufacturer upgraded parts (25,000 cycles)
LiftMaster Garage Door Opener: 8155
3 Stars Garage Door Model: Amarr Lincoln 3138; Amarr Hillcrest 3138; Amarr Classica 2000; Clopay 4050; Clopay 4053; Clopay 4051; Clopay 4138; Clopay 4132; Clopay GD1SP; or Clopay GD1LP 3 years
Parts: Manufacturer upgraded parts (25,000 cycles)
LiftMaster Garage Door Opener: 84501; or 84505
4 Stars Garage Door Model: Amarr Lincoln 3138; Amarr Hillcrest 3138; Amarr Classica 2000; Clopay 4050; Clopay 4053; Clopay 4051; Clopay 4138; Clopay 4132; Clopay GD1SP; or Clopay GD1LP 4 years
Parts: Max Life Parts (80,000 cycles)
LiftMaster Garage Door Opener: 84501; or 84505
5 Stars Garage Door Model: Amarr Lincoln 3000; Amarr Hillcrest 3000; Amarr Heritage 3000; Clopay 4310; Clopay 4300; Clopay 4305; Clopay 4309; Clopay 4302; Clopay 4301; Clopay 4308; Clopay GD2SP; or Clopay GD2LP 5 years
Parts: Max Life Parts (80,000 cycles)
LiftMaster Garage Door Opener: 87504; or 8500W
Signature Garage Door Model: Amarr Olympus 3138; Amarr Olympus 3200; Amarr Classica 3000; Amarr Designers Choice 3138; Amarr Designers Choice 3200; Clopay 9133; Clopay 9130; Clopay 9139; Clopay 9132; Clopay 9131; Clopay 9138; Clopay 9203; Clopay 9200; Clopay 10 years C-2 9209; Clopay 9205; Clopay 9208; Clopay 9202; Clopay 9201; Clopay GD1SU; Clopay GD1LU; Clopay GD2SU; Clopay GD2LU; Clopay BD1NU; Clopay BD1EU; Clopay BD2NU; and Clopay BD2EU 10 years
Parts: Max Life Parts (80,000 cycles)
LiftMaster Garage Door Opener: 87504; or 8500W

How to Submit a Warranty Claim

To make a claim under this warranty, the Purchaser must provide proof of purchase of the installation or repair Services and make a claim to DON’S using the contact details set out below, within 30 days after the defect was discovered.

For more information or to make a warranty claim, please contact:

TMII Enterprises, LLC (dba DON’S GARAGE DOORS)
3254 E. Broadway Road
Phoenix, Arizona 85040
833-238-3026