Terms of Installation This Agreement shall set forth the terms and conditions under which XPO Last Mile, Inc. shall provide you with the installation services described at this self-service location. SCOPE OF WORK Please reference desired installation service for the applicable service details. TERMS OF INSTALLATION Basic Installation Includes Installation of appliance, to include necessary fittings, unpacking, assembly and hook up to existing gas, water and electrical supply Leveling and anchoring of appliance Briefly review safe operation of new appliance with customer Final clean-up of job site Prices are minimums, intended for same size, same location replacement, using existing electrical, plumbing and cut-outs Installation does NOT include Mobile home installation Removing/Replacing interior or exterior doors Touch-up painting, re-staining, sanding, etc. Installing 110 Volt receptacle to existing wiring Installing 220/240 Volt receptacle to existing wiring Ducting/Venting modification Electrical modification Plumbing modification Special Notes/Preparing for Installation Installations do not occur on Sundays or Legal Holidays. All work will be done to local code and ordinances. The customer, or an adult representative over the age of 18 years old, with the authority to make decisions about the installation, must be present during the in-home inspection and the installation. The customer will not have access to the work area during installation. For safety reasons, children and pets will need to be kept out of the work area for the duration of the project. There will be some noise and dust during the installation. Installation time will vary, depending on the size and scope of the project. No existing or used appliance cords will be used. Customer must purchase new cords for new units. All wet trades (drywall, plaster, paint) should have completed their work prior to installation date. If customer is painting the work area, touch-up paint may be required by customer after installation. Jobsite area must be completely enclosed, with all door, window, interior wall, rough plumbing, and electrical work completed, prior to the installation. Electricity, water and lighting must be provided in work area during installation. The customer must completely empty any existing appliances. The work area must be clear. All valuables and breakables must be removed from the site prior to work beginning. The work area must be within a temperature range of 55 to 85 degrees.
LIMITED ONE YEAR WARRANTY This XPO LAST MILE, INC. ONE YEAR LIMITED INSTALLATION WARRANTY AGREEMENT (hereinafter, the Agreement ) is a binding agreement entered into by and between XPO LAST MILE, INC. and you, our customer. This Agreement will further set forth all terms, conditions and provisions concerning your purchase of installation services. In the absence of any problem or other issue with the installation service provided, XPO LAST MILE, INC. will only provide you with the initial installation service purchased. In the event of any problem or other issue with the installation service itself, an installation technician will be dispatched to the job site within three (3) business days of the receipt of your request for service, to specifically address the problem or issue, so long as such problem or issue and such request falls within one (1) year of the date of the initial installation (hereinafter, the Limited Installation Warranty ). Warranty Terms and Service Limitations: Any and all installations purchased from XPO LAST MILE, INC. do not include any ongoing maintenance or additional installation service apart from the initial installation. Any separate service performed under the Limited Installation Warranty or any installation service performed subsequent to the initial installation service shall constitute an additional service apart from the initial installation. Moreover, this Limited Installation Warranty is non-transferable, and provided only to and for the original service purchaser at the original location of installation. XPO LAST MILE, INC. provides labor only installation services. This Agreement, including the Limited Installation Warranty hereunder, does not cover any defect that existed, exists or subsequently occurs in materials or workmanship related in any way to the installed electronics or components, nor does XPO LAST MILE, INC. guarantee or warrant against any defects or issues not related to the initial installation (including but not limited to equipment failure or in the event any equipment has been modified by you or a third party post-installation). XPO LAST MILE, INC. guarantees only that the installation performed by it will be performed in a quality and workmanlike manner. To that end, XPO LAST MILE, INC. is neither responsible nor liable in any manner, and shall not warrant against defects in the products or any equipment, parts or materials (whether for merchantability or fitness for a particular purposes) used in connection with the installation provided (including but not limited to product compatibility issues if installed as requested by customer). Furthermore, XPO LAST MILE, INC. shall not be liable to you or any third party for any and all manufacturer defects, patent defects, latent defects, or any other defects not reasonable to discover prior to the performance of the installation service. XPO LAST MILE, INC. further assumes no liability for the performance of the electronics, or for any and all claims for, or losses associated with, any defects in the performance of the equipment, parts or materials, and Customer acknowledges and agrees that customer will look solely to the manufacturer for any recourse for non-performance or defective performance of the equipment, parts or materials. Furthermore, XPO LAST MILE, INC. makes no representation to customer that the equipment, parts or materials will work to the manufacturer s specifications. XPO LAST MILE, INC. will correct any installation and/or wiring defect related solely to the initial installation service at no cost to the customer only if (i) such defect occurs within the Limited Installation Warranty, (ii) the XPO LAST MILE, INC. technician substantiates that the defect has a direct causal link to the initial installation performed by XPO LAST MILE, INC., and (iii) the customer requests the service in writing (including email communication) within such Limited Installation Warranty. For any and all other installation services, XPO LAST MILE, INC. will charge customer a Seventy-Five ($75.00) Dollar service charge for each repair request, which charge will be reimbursed to customer should the defect be covered under the Limited Installation Warranty. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, XPO LAST MILE, INC. SERVICE SOLUTION S OBLIGATION TO CUSTOMER ENDS WHEN THE INITIAL INSTALLATION IS COMPLETED. XPO LAST MILE, INC. MAKES NO OTHER REPRESENTATIONS OR WARRANTIES HEREIN, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. EXCEPT FOR THE LIMITED INSTALLATION WARRANTY HEREIN, YOUR EXCLUSIVE REMEDY AND XPO LAST MILE, INC. ENTIRE LIABILITY PURSUANT TO THIS AGREEMENT IS THE REASONABLE PERFORMANCE OF THE INITIAL INSTALLATION SERVICE PURCHASED BY YOU. IN THE EVENT THAT XPO LAST MILE, INC. IS UNABLE TO ADEQUATELY PROVIDE SUCH INITIAL INSTALLATION SERVICE AT THE TIME OF ITS SERVICE OR PURSUANT TO THE LIMITED INSTALLATION WARRANTY THEN YOUR SOLE REMEDY AND XPO LAST MILE, INC. ENTIRE LIABILITY SHALL BE THE PAYMENT OF ACTUAL DAMAGES CONCERNINGTHE INSTALLATION SERVICE NOT TO EXCEED MONIES PAID BY YOU FOR THE INSTALLATION SERVICE. PAYMENT FOR SERVICES Payment for the XPO Last Mile, Inc. installation services is due in full prior to the performance of such services. You hereby agree and accept that XPO Last Mile, Inc. is authorized to use your credit and/or debit card for the purpose of charging you for all fees and applicable taxes associated with your purchase of the XPO Last Mile, Inc. installation products and services. CANCELLATION POLICY/REFUND POLICY To cancel a scheduled installation service, XPO Last Mile, Inc. must have a minimum of 48 hours notice (of installation date) by calling 1-866-494-0516 during business hours of Monday through Saturday from 8:00 a.m. to 10:00 p.m. EST. Failure to provide sufficient notice will result in an administrative fee. For cancellations made prior to 48 hours of installation date, a full refund will be processed within 4 to 6 weeks and credit card used to purchase installation will be credited accordingly. Installation Service returns cannot be accepted after installation or consultation services are completed. ADDITIONAL CHARGES Installation technicians will provide an estimate to you prior to the performance of work requiring an additional charge. Additional charges, fees and expenses may apply if you request work that is outside of your purchased service type or you do not have the required installation accessories. Acceptable forms of payment are Check, Visa, MasterCard, Discover and American Express. A list of additional charge explanations is below, but is not limited to the following: For Home Appliances: The cost of permits, extra parts or extra labor Any non-land travel such as water ferry s or air travel that may be required to complete the installation The cost of any parts or labor outside the specific Scope of Work is determined to be an additional charge, except for parts or labor that should be reasonably associated with service Dishwashers Any waterlines, risers, air gaps, pigtails, elbows, working in crawl spaces, or any custom carpentry work to remove old unit Over-The-Range Microwaves Dedicated 110 volt electrical line, changing a round vent to a rectangular vent or vice versa, installing an electrical receptacle box if improper service was sold, additional duct work to allow transition from external exhaust to recirculating or vice versa, or any custom carpentry work to allow new OTR to fit Range Hoods Any pigtails, dedicated 110 volt electrical line, changing a round vent to a rectangular vent or vice versa, or any custom carpentry work to allow new Range Hood to fit Gas Appliance- Any Flex lines, shut off valves, vent-less exhaust kits, conversion kits, vent hose, stacking of laundry, expansion and reduction adapters, or any custom carpentry work to allow the new appliance to fit
Refrigerator Waterlines- Any lines over 20 feet, drill outs for no saddle valve's, crawl space installations, or low attic installations Garbage Disposals Any p-traps, switch plates, drain hoses, air gaps, extending the plumbing, or a dedicated 110 volt electrical line Air Conditioners Any gap filters, wall brackets, extended drain lines, dedicated 110 volt electrical line, services above the 2nd floor Wall Ovens Shelf build-up when new unit is shorter than old, flex lines, shut off valves, converting from gas to electric or vice versa (may require electrician and/or local gas provider), custom carpentry work to allow the new appliance to fit Cook Tops Custom carpentry work to allow the new appliance to fit, if no existing down draft, working in crawl spaces, flex lines, shut off valves, converting from gas to electric or vice versa (may require electrician and/or local gas provider) Warming Drawers - Shelf build-up when new unit is shorter than old, custom carpentry work to allow the new appliance to fit, custom panels Liquid Propane (LP) conversions- Any conversion of an appliance to (LP) if service is not purchased during the sales process Electric Appliance- Any electric cords needed to complete the service, any additional dedicated electrical lines Any carpentry work to cabinets, closets, or any custom work for non- direct replacement appliances Any modification services, if necessary, to meet all plumbing, electric, local building codes, and all manufacturers service specifications Other services that may be requested by the customer For Consumer Electronics: The cost of permits Any non-land travel such as water ferry's or air travel that may be required to complete the installation Installations where masonry walls, plaster, or solid concrete walls must be penetrated Any custom installation of components or wiring beyond the normal scope of work for installation purchase Any additional wires, parts, or accessories necessary to complete the installation Any residential locations that involve inadequate access to the wall in which wire is to be hidden. (For example, there is no attic or basement access to the wall where the wire is to be hidden, or the wire is to be hidden in an external wall that contains insulation, vapor barrier, or any other obstructions) Any Installations that require electrical work, carpentry, or floor covering modifications Any Furniture moving or assembly Programming of LEARN style remote controls Contacting ISP provider for setup information or the configuration of the system to a proxy type address If any additional amount of demonstration time (more than 15 minutes) is required or desired by customer If customer requests any installations to be performed in more than one (1) room Cables/wires required for connection to any equipment except when specifically included in a particular scope of work Any Ethernet cables needed Installing a telephone jack or broadband jack Any troubleshooting of pre-existing network problems Other services that may be requested by the customer
CABLE/SATELLITE (for consumer electronics installations) For the best results, we recommend scheduling installation of cable or satellite prior to the arrival of your TV installation technician, as this ensures proper integration with your entire system. RESPONSIBILITY XPO Last Mile, Inc. installation technicians will not be held responsible for moving any furniture or valuables, or any loss or damage relating in any way to customer furniture or valuables. XPO Last Mile, Inc. installation technicians will not, under any circumstances, move, alter or install electrical outlets. It is recommended to have necessary electrical work performed prior to your installation appointment. INSTALLATION AUTHORIZATION The customer, or an adult representative over the age of 18 years old, with the authority to make decisions with regard to the installation, must be present during the in-home inspection and the installation. LABOR ONLY Installations do not include any parts or accessories (for example, waterlines, flex lines, valves, brackets, wire, cable, speaker mounts or similar parts) for the applicable installation service. CONFIRMATION OF INSTALLATION Failure to confirm installation date and/or timeframe with the installation technician or XPO Last Mile, Inc. will result in rescheduling of the purchased installation service. Once confirmed, should an installation technician arrive and the customer is not at home, all reasonable attempts will be made to contact customer on the phone numbers provided. If customer is unreachable and still not at home, it is the customer s responsibility to contact XPO Last Mile, Inc. for a reschedule; a nominal fee may apply. In addition, please inspect your product(s) upon delivery receipt. Should your product(s) be incorrect (wrong color, model, brand, etc.) or arrive damaged, please contact the location where products were purchased prior to contacting XPO Last Mile, Inc. for cancellation / refund of installation. As stated above, it is the customer s responsibility to contact XPO Last Mile, Inc. for a reschedule / cancellation for any reason. If upon technician arrival customer determines that the installation cannot take place due to circumstances that could have been determined prior to arrival, a nominal fee may apply. CONDITIONS EFFECTING XPO LAST MILE, INC. SERVICES XPO Last Mile, Inc. shall not be liable for any failure or delay in performance due to any cause beyond its reasonable control. If XPO Last Mile, Inc. ability to render services is impaired by your failure to cooperate or circumstances beyond the reasonable control of XPO Last Mile, Inc., XPO Last Mile, Inc. may choose not to provide service. Service can also be denied if dangerous or unhealthy conditions are present, including but not limited to possible code violations. CONSTRUCTION MATERIALS XPO Last Mile, Inc. technicians cannot warrant that installations involving lath and plaster walls will not result in cracks on the wall. Our technicians will do everything in their reasonable power to eliminate the possibility of such cracks, but due to the nature of that type of construction, XPO Last Mile, Inc. will not be responsible for any resulting damage to your wall. LIMITATION OF LIABILITY & RELEASE Except for direct property damage, personal injury or wrongful death that results from our installation technician s gross negligence, under no circumstances shall XPO Last Mile, Inc. be liable to you or any other
person for any damages, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, profits, lost savings or earnings or liability arising out of, or related to, the services provided by XPO Last Mile, Inc. or the installation, un-installation, use of or inability to use your products. Further, by purchasing and allowing the performance of installation services by XPO Last Mile, Inc. you agree to release and hold harmless XPO Last Mile, Inc. against any loss, liability or damage that you or the owner or lessee may suffer, included but not limited to any changes or alterations to your residence (for example, changes to walls, baseboards, floors, etc.). EXCEPT FOR DIRECT PROPERTY DAMAGE, PERSONAL INJURY OR WRONGFUL DEATH THAT RESULTS FROM OUR INSTALLATION TECHNICIAN S GROSS NEGLIGENCE, IN NO EVENT SHALL XPO LAST MILE, INC. TOTAL LIABILITY TO YOU, WHETHER BASED IN CONTRACT, TORT, EQUITY OR OTHERWISE, EXCEED THE AMOUNT THAT YOU PAID XPO LAST MILE, INC. FOR THE INSTALLATION SERVICES. Notwithstanding the preceding sentences herein, some states do not allow limitations or release of certain damages or liability, so the above limitation of liability and release may not apply to you. NOTICE XPO Last Mile, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the physical address you have provided to XPO Last Mile, Inc.. MISCELLANEOUS These terms and conditions constitute the sole and entire agreement between XPO Last Mile, Inc. and you as it relates to XPO Last Mile, Inc. installation services and products. These terms, and your purchase of XPO Last Mile, Inc. services and products shall be governed in all respects by the laws of the state of Georgia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of XPO Last Mile, Inc. products) shall be in the state or federal courts located in Fulton County, Georgia. Both parties to these terms and conditions hereby waive any right to trial by jury they may have related to any dispute, claim or cause of action that may arise from or is a result of the XPO Last Mile, Inc. installation products and services. Any cause of action or claim you may have with respect to use of this self-service module (including but not limited to the purchase of XPO Last Mile, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. XPO Last Mile, Inc. failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. XPO Last Mile, Inc. Installs may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms and conditions remain in full force and effect.