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Terms & Conditions

Overhead Door Corporation, (“ODC”) will sell the sale of goods ("Goods") and/or services (“Services”) specified on the order acknowledgment (“Order”) on the condition that the purchaser (“Customer”) accepts these terms and conditions (“Terms”).  Customer acknowledges and agrees that Customer is offering to purchase the Goods and/or Services under these Terms and are conditioned upon acceptance by ODC.  Any terms or conditions on a document issued by Customer that are inconsistent with these Terms or the Order are hereby objected to and shall have no effect. Customer’s acceptance of these Terms shall be evidenced by Customer’s submission of an order through ODC’s Shopify site for Goods and/or Services. Any modification to these Terms must be agreed to in separate writing signed by both parties; no markings or modifications to this document shall be effective.

  1. Acceptance. This is an offer by Overhead Door Corporation (“ODC”) for the sale of goods ("Goods") and/or services (“Services”) to the customer identified on the reverse side hereof (“Customer”), in accordance with and subject to these terms and conditions (“Order”). This Order will be deemed accepted by Customer upon the first of the following to occur: (a) Customer’s making, signing, or delivering to ODC any letter, form, or other acknowledgment of acceptance; or (b) Customer’s failure to timely object to ODC’s performance.  Any markings by Customer or alternative terms proposed by Customer in its acceptance shall not apply unless expressly agreed to by ODC in a separate signed writing.

  2. Performance. Customer and ODC agree to do everything necessary to ensure that the terms of this Order take effect. ODC agrees to provide all materials for the job but may utilize a local professional to complete the inspection and installation. Any dates and times that we provide for the inspection or installation are for convenience purposes only, ODC makes no representation or guarantee as to the day or time deliveries and/or installations will actually occur.         

  3. Exclusions and Clarifications. This purchase is for (1) delivery and furnish of goods, equipment, material, hardware, and (2) related installation labor and service as more particularly described in the Order details. ODC may perform services directly or may arrange for services to be performed by a service provider. Customer is responsible for all engineering, design, and architectural work including, but not limited to, wind load and any local building codes; electrical wiring, painting, conduit and connections; and any structure related permits or modifications unless ODC expressly agrees in writing otherwise. Customer acknowledges and agrees that the exclusions and clarifications set forth in these Terms are not exhaustive.

  4. Warranty. Unless stated otherwise on the face of the Order, ODC warrants that (i) its Goods in accordance with the applicable manufacturer’s warranty; (ii) its installation shall be free from defects in workmanship for one year from the date of install; and (iii) its servicing/repair work shall be free from defects in workmanship for 60 days following the service/repair. Customer must provide ODC the reasonable opportunity to inspect prior to removing or altering the Good or Service.

  5. ODC’s Right to Terminate. ODC may terminate this Order, in whole or in part, at any time by written notice to Customer.

  6. Price and Payment. The price of the Goods or Services is the price stated on the face of this Order (“Purchase Price”) and Customer agrees to pay ODC such price for the Goods and/or Services. Customer shall pay the entire Purchase Price at the time of Order.

  7. Cancelation Fees. Customer shall be responsible for any costs incurred by ODC as a result of Customer canceling or delaying an Order. In the event an Order, or any part thereof, is cancelled after the manufacturing process or installation process has begun, Customer shall be obligated to pay, at ODC’s sole discretion, for any costs incurred by ODC as a result of Customer cancelation or a 15% cancelation fee, whichever amount is greater.  If Customer cancels the Order after ODC’s representative has made a trip to Customer’s residence, but before the manufacturing or installation process has begun, then Customer shall be responsible for paying ODC a trip fee of $50.00.

  8. Returns. Goods may only be returned for credit or exchange with Overhead Door Corporation’s prior written approval, which may be withheld in its sole discretion. In no event will a return be approved after the Good has been installed.  All returned material must be in resalable condition, undamaged, and in standard inventory packages.  Transportation charges on returned Goods must be prepaid.  Returned Goods may be subject to a restocking charge with credit based on price in effect at the time of original sale.

  9. Indemnification. The Customer agrees to indemnify and hold ODC harmless from any and all claims, actions, proceedings, expenses, damages, liabilities, penalties, costs, and expenses, including but not limited to attorney's fees which arise out of or in connection with this Order and are caused by or are the result of Customer's or a third party's negligence or fault. Customer agrees that upon written notice by ODC of the assertion of any of the foregoing against ODC, Customer will assume full responsibility for the defense thereof. This indemnity agreement is NOT intended to indemnify ODC from the consequences of its own negligence or willful misconduct.         
  10. Customer Inspection. Upon completion of the Order, Customer shall be required to inspect the Goods and/or Services and confirm that they are free of all visible defects.  Upon the completion of Customer’s inspection, Customer agrees to complete ODC’s satisfaction form.   Failure to specify any visible damage or defects on the satisfaction form shall be Customer’s confirmation that no such visible damage or defect was present upon completion of the work. 

  11. Limitation of Liability. All express and implied warranties for the Good, including but not limited to any implied warranties of merchantability and fitness for a particular purpose, are limited in time to the applicable warranty period reflected in Section 4 above.  In no event shall seller be responsible for, or liable to anyone for, special, indirect, collateral, punitive, incidental or consequential damages, even if seller has been advised of the possibility of such damages. ODC’s total liability for damages under this Order shall be limited to the Purchase Price and Customers remedies as set forth herein are exclusive and are in lieu of those that may be available in law or equity. Some states do not allow the forgoing limitations, so this section may not apply to you.

  12. Force Majeure. ODC shall not be liable for delays or failure to fulfill an Order due in whole or in part to any cause beyond ODC's reasonable control which includes, but is not limited to, fire, explosion, accident, breakdown, strike, weather conditions, shortage or lack of material, sale or transfer of manufacturing facilities, embargo, or any acts of God.

  13. Disputes and Attorneys’ Fees. All matters arising out of or relating to this Order shall be governed by and construed in accordance with the laws of Texas.  In the event ODC institutes suit to enforce any provision, or to resolve any matter arising hereunder and ODC is the prevailing party, ODC shall be entitled to recover reasonable attorney's fees and court costs from Customer.

  14. Interpretation. Should any part of this Order be found to be ineffectual, unconscionable, or inapplicable then that part shall be deemed stricken and void without affecting the balance of the Order.  Any waiver or failure of ODC to require Customer to be in strict compliance with the provisions of this Order shall not be deemed as a waiver thereof or as a waiver of ODC's right to insist upon Customer's strict compliance thereafter. Headings are for convenience only.

  15. Integration. This Order and the documents incorporated herein set forth the entire agreement of the parties hereto concerning the subject matter of the Order, and supersede all prior agreements, written or oral, with respect thereto. ODC neither assumes, nor authorizes any party or person to assume for it, any other obligations or liabilities in connection with this Order except as set forth herein.