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Terms & Conditions

STANDARD TERMS AND CONDITIONS

Brinkley, LLC DBA Big B's Yard Cards (the “Company”)
79449 Plummers Creek Driver, Yulee, FL 32097
contact@bigbfl.com

1: Definitions.

  • The “Company” is the sole proprietorship, corporation or limited liability company identified above.

  • The “Customer” is the person or organization identified as such on the Order.

  • “Installation” means the delivery and setting up of the yard cards on the Site.

  • The “Installation Date” is the date identified as such on the Order.

  • The “Installation Window” is the twelve (12) hour period beginning at 9:00pm on the day before the Installation Date and ending at 9:00am on the Installation Date.

  • The “Order” includes each and every order placed by the Customer with the Company for the installation and rental of yard cards for any occasion or purpose, unless expressly made not subject to these terms and conditions, whether in verbal, written, electronic, or a combination of forms.

  • The “Pickup Window” is the twenty-four hour (24) hour period beginning at 9:00pm on the last day of the yard card rental (as indicated on the Order) and ending at 9:00pm on the following day.

  • The “Site” is the physical location identified for the yard card installation on the Order.

 

2: The Company’s Responsibilities. The Company will ensure that:

  • Installation is completed during the Installation Window; and

  • Pickup is completed during the Pickup Window.

 

3: The Customer’s Responsibilities. The Customer will ensure that:

  • Payment in full is made according to the terms shown on the Order;

  • A responsible adult is continuously present at the Site and aware of the Installation during the Installation Window;

  • All information necessary to access the Site has been provided to the Company prior to the Installation Date;

  • The Site is clean (e.g., from animal waste) during the Installation Window and the Pickup Window;

  • All pets are kept within an enclosure or otherwise restrained during the Installation Window and the Pickup Window;

  • No one attaches or attempts to attach a balloon or any other object to the yard cards other than the Company;

  • No one moves or attempts to move the yard cards other than the Company;

  • All landscapers and similar contractors are instructed not to perform any work in the vicinity of the yard cards;

  • The Installation will not violate any applicable laws, ordinances, or restrictive covenants applicable to the Site; and

  • The Company is notified of any Installation errors by 12:00 noon on the day of Installation.

 

4: Photography Consent. The Customer hereby authorizes the Company to photograph the yard cards after Installation and to use such photographs for any lawful purpose so long as no location information such as the Customer’s street address is displayed in connection therewith.

 

5: Indemnification. The Customer agrees to indemnify the Company, and its successors and assigns, against all claims, demands, costs or expenses (including reasonable attorney's fees) arising out of the inaccuracy or breach of any of the Customer’s responsibilities under this Agreement.

 

6: Inclement Weather. If the Company is unable to complete the Installation as scheduled due to inclement weather or other unsafe conditions, the Customer will have the option to choose between a delayed Installation or a full refund.

 

7: Damage. The Customer shall be responsible for any damage occurring to the Yard Cards while installed on the Site, as well as for any damage arising from any negligence of the Customer, its tenants, guests, agents or invitees. In connection therewith, the Customer hereby authorizes the Company to charge the payment method identified on the Order for such damage.

 

8: DISCLAIMER OF WARRANTIES. THE COMPANY MAKES NO WARRANTIES INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO INSTALLATION OR THE YARD CARDS THEMSELVES.

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9: LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY OR ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE UNDER THIS AGREEMENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES, LOSS OF USE, LOSS OF TIME, SHUTDOWN OR SLOWDOWN COSTS, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.

 

10: Cancellation.

  • By Customer. The Customer may cancel the Installation and receive a full refund upon written notice delivered not less than seventy-two (72) hours prior to the Installation.

  • By Company. The Company may cancel the Installation for any reason upon written notice delivered not less than seventy-two (72) hours prior to the Installation; in such event, the Customer shall be entitled to a full refund. The Company may also cancel the Installation at any time, and without prior notice, for the Customer’s breach of its responsibilities under Section 3.

  • Notice of Cancellation. For purposes of this section only, written notice may be delivered by electronic mail properly addressed to the Company or to the Customer at the electronic mail addresses stated in the Order.

 

11: Miscellaneous.

  • Amendment. No change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the Parties.

  • Assignment. Neither party may assign this Agreement without the prior written consent of the other party.

  • Attorney Fees. In any dispute arising out of or concerning this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees.

  • Choice of Law and Forum. Any and all matters of dispute between the parties to this Agreement shall be governed by the laws of the state in which the Company’s headquarters is located. Any lawsuit arising from or related to this Agreement shall be filed only in the federal or state courts located in the same judicial district as the the Company’s headquarters. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.

  • Entire Agreement. This Agreement contains the final and entire agreement of the parties and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding the Agreement’s subject matter. The parties also intend that this complete, exclusive, and fully integrated statement of their agreement may not be supplemented or explained by any evidence of trade usage or course of dealing.

  • Notice. Any notice or communication required or permitted to be given hereunder may be delivered by U.S. Mail (registered or certified only), return receipt requested, to the addresses stated in the Purchase Order.

  • Relationship of the Parties. The relationship of the Parties hereto is that of independent contractors.

  • Severability. If any part of this Agreement shall be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, the remainder of this Agreement shall be valid and enforceable and the parties shall negotiate, in good faith, a substitute, valid and enforceable provision which most nearly effects the parties’ intent in entering into this Agreement.

  • Survival. The provisions of this Agreement relating to indemnification, exclusions and limitations of damages and liability, payment, warranty and representations, and exclusions of warranty shall survive any expiration or termination of this Agreement for any reason for two (2) years.

  • Third Party Beneficiaries. This Agreement is not made for the benefit of any person or entity other than the parties signing this Agreement.


 

© 2023 Yard Card Supply, LLC. This document may not be reproduced without prior written permission.

To obtain permission to use this form and for more information about growing your yard card business, visit www.yardcardsupply.com

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