Messaging Terms & Conditions

You agree to receive informational messages (appointment reminders, account notifications, etc.) from GARAGE 24. Message frequency varies. Message and data rates may apply. For help, reply HELP or email us at mi*****@******24.com. You can opt out at any time by replying STOP.

Offer, Governing Provisions, Cancellation, and Agreement to Arbitrate and Class Action Waiver.

This document is an offer or counter-offer by GARAGE 24, LLC, a PA limited liability company with a place of business at 436 N Main St #1055 Doylestown, PA 18901 (“GARAGE 24 LLC” 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 A1 to the customer (“Customer”, “you” or “Buyer”) herewith in accordance with these terms and conditions (collectively, the “Agreement”) and is expressly conditioned upon Customer’s assent to the Agreement. Customer agrees that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in the Agreement, the laws of the State of Arizona, without regard to principles of conflict of laws, will govern the Agreement and any claim or dispute that has arisen or may arise between Customer and G1.No completed repair or maintenance transaction that was requested and/or authorized by Customer may be cancelled or altered by Customer. Cancellation terms for the Worry Free Club are found in the Worry Free Club Membership agreement. No New Door Order (as defined in Section 11(A) below) may be cancelled or altered by Customer after three business days, except upon such terms and conditions as are acceptable to A1 in writing.BUYER’S RIGHT TO CANCEL: If this transaction is a New Door Order (as defined in Section 11(A) below), YOU, THE BUYER MAY CANCEL THIS TRANSACTION NO LATER THAN MIDNIGHT (i.e., THE END) 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).If the Services are performed in Arizona, you hereby acknowledge that you understand that you have the right to file a written complaint with the registrar of contractors for the State of Arizona for an alleged violation of section 32-1154, subsection A and the complaints must be set up within the applicable time period as set forth in section 32-1155, subsection A. The Arizona Registrar of Contractors office is 1700 W. Washington Street, St 105 Phoenix, AZ 85007-2812. Their phone number is 602-542-1525 or 877-692-9762. Fax is 602-542-1599. Roc.az.gov is their website.AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER: Customer and A1 each agree that any and all disputes or claims that have arisen or may arise between Customer and A1, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. This arbitration agreement is intended to be broadly interpreted and is subject to the following terms:Prohibition of Class and Representative Actions and Non-Individualized ReliefCustomer and A1 agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both Customer and A1 agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other GARAGE 24 customers.Arbitration ProceduresArbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. All issues are for the arbitrator to decide, including issues relating to arbitrability and the scope or enforceability of this arbitration agreement.Any arbitration will be administered by the American Arbitration Association (referred to as the “AAA”). For all claims in which the value of the relief sought is $10,000 U.S. dollars or less, the AAA’s Consumer Arbitration Rules, as modified by this arbitration agreement, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this arbitration agreement, shall apply. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties.Any arbitration hearings shall be held in the county in which Customer resides or at another mutually agreed location. If the value of the relief sought is $25,000 or less, the arbitration will be conducted based solely on written submissions, unless Customer or A1 requests an in-person, telephonic, or videoconference hearing or the arbitrator decides that a hearing is necessary. In cases where an in-person hearing is held, Customer and/or A1 may attend by telephone or videoconference, unless the arbitrator requires otherwise.The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. No arbitrator shall be bound by rulings in prior arbitrations involving different A1 customers, but an arbitrator will be bound by rulings in prior arbitrations involving the same A1 customer to the extent required by applicable law. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.Costs of ArbitrationPayment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this arbitration agreement. If the value of the relief sought is $10,000 or less, at Customer’s request, A1 will pay all AAA or arbitrator fees associated with the arbitration. Any request for payment of fees by A1 should be submitted by mail to the AAA along with Customer’s Demand for Arbitration and A1 will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and Customer is able to demonstrate that the costs of accessing arbitration will be prohibitive, A1 will pay as much of the AAA or arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator determines that either the substance of Customer’s or A1’s claim or the relief sought was frivolous or brought for an improper purpose, then Customer or A1 may seek to recover from A1 or Customer any fees it paid, including attorneys’ fees, to the extent permitted by the AAA’s rules and applicable law.SeverabilityWith the exception of any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above, if a court decides (for example, on a motion to compel arbitration) that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply. Similarly, if a court decides that any of the provisions in the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the arbitration agreement shall be arbitrated under its terms.Opt-Out ProcedureIf Customer is a new A1 customer, Customer can choose to reject this arbitration agreement by mailing to A1 a written and hand-signed opt-out notice listing Customer’s full name, address, phone number, and email address. The opt-out notice must be postmarked no later than 30 days after the date Customer accepts this Agreement for the first time. Customer must mail the opt-out notice to TMII Enterprises, LLC (dba A1 Garage Door Service), 3254 E. Broadway Road, Phoenix, Arizona 85040.This procedure is the only way Customer can opt out of this arbitration agreement. If Customer opts out of this arbitration agreement, all other parts of the Agreement will continue to apply. Opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that Customer may have with GARAGE 24.

Credit Approval; Payment Terms. Subject to Sections 11(A) and (B), as applicable, payment is due upon Customer’s receipt of A1’s invoice following shipment or performance, subject to A1’s approval of Customer’s credit, in A1’s discretion; if such approval is withheld, payment will be due in advance of A1’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 A1 performance, is delayed by Customer, A1 may immediately invoice, and Customer will pay, the percentage of the purchase price corresponding to the percentage of completion.

Prices, Taxes and Other Charges. 

Unless otherwise provided in the Agreement, prices shall be as quoted by A1. All prices listed in A1’s publications (including on A1’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 A1. No order shall be binding upon A1 until received and accepted by A1 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 A1 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 A1’s costs for collecting amounts owing, including, without limitation, actual costs and reasonable attorneys’ fees. To the extent permitted by applicable law, Customer also agrees to pay A1’s actual and reasonable costs of collection occasioned by Customer’s failure to notify A1 of any change of residence or by Customer’s failure to communicate with A1 for a period of 45 days after any default in making payment 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”), A1 may charge Customer a processing fee of the lesser of $15 or the maximum amount permitted by applicable law for each Failed Payment.

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 A1 for the purposes of performing the Services.

Force Majeure. 

A1 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 A1’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 A1 is delayed in performing under this Agreement due to a Force Majeure Event, A1 will be entitled to extend the relevant delivery or performance date by the amount of time that A1 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 A1, 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 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.

Changes. 

A1 may at any time make such changes in process of Services and design in Products, components or parts as GARAGE 24 deems appropriate, without notice to Customer.

Warranties. 

A copy of A1’s Limited Product Warranty for each Product is attached hereto as Exhibit B. A copy of A1’s Services Warranty for the performance of Services is attached hereto as Exhibit C.

CUSTOMER’S INDEMNITY.

Customer shall indemnify, defend and hold harmless GARAGE 24 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. GARAGE 24 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. A1, may, at A1’s option, assume and control the defense of the claim, and in such case, Customer shall indemnify A1 from and against all losses, damages, liabilities, costs and expenses incurred by A1 in defending such claims. If GARAGE 24 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 GARAGE 24, which approval will not be unreasonably withheld or delayed); provided that A1 shall have the right to participate in the defense of any claims with counsel selected by it at GARAGE 24’s expense. A1 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 judgment or enter into any settlement of any claims without the prior written consent of GARAGE 24.

Security Interest.

If the Products are sold on credit terms, Customer acknowledges that A1 retains a purchase money security interest in the Products. To secure Customer’s obligations to GARAGE 24 under the Agreement or any other agreement, Customer hereby grants to A1 a security interest in all the Products sold under the Agreement, whether now owned or hereafter acquired, and all products and proceeds thereof. A1 may file any financing statements and send any necessary notices to perfect or protect such security interest.

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.

New Garage Doors. 

This Section 11 shall only apply if Customer purchases a new garage door from GARAGE 24.(A) New Door Orders. Customer acknowledges that any purchase of a new garage door from GARAGE 24 (a “New Door Order”) is a special order or custom-order, because each new garage door is tailored to the Customer’s particular needs, including but not limited to by having customized specifications, size, color, material, and/or functionality. Due to the custom nature of the new garage door Product, New Door Orders are subject to a nonrefundable deposit, as explained in Section 11(B) below.(B) Nonrefundable Deposit for New Door Orders. If Customer purchases a new garage door by placing a New Door Order with GARAGE 24, Customer shall pay to GARAGE 24 a deposit of 50% of the invoice price of the new garage door and associated services. The deposit secures the Customer’s New Door Order and compensates GARAGE 24 for initial costs incurred in the preparation and procurement of the New Door Order. Customer acknowledges that this deposit is nonrefundable, except to the extent Customer timely cancels the New Door Order pursuant to Buyer’s Right to Cancel in Section 1 and Exhibit A of this Agreement, or as otherwise required by applicable law. If the Customer cancels a New Door Order more than three business days after the date the New Door Order is placed, A1 shall be entitled to retain the full nonrefundable deposit. If the Customer fails or refuses to allow A1 to schedule and/or complete installation of the new garage door within six (6) months after the New Door Order is placed, the New Door Order will be deemed cancelled by Customer and A1 shall be entitled to retain the full nonrefundable deposit. Retention of the deposit is intended to cover A1’s direct and indirect losses, expenses, procurement costs, processing and administrative fees, and other amounts paid or incurred due to or arising out of the cancelled New Door Order. Customer shall promptly reimburse A1 for any such amounts that exceed the amount of the deposit. All payments received from Customer may be applied against open invoices in the sole discretion of A1. A1 will have the right to offset any and all amounts due and owing from A1 to Customer against all amounts due from Customer to GARAGE 24.(C) Payment Authorization. If Customer’s purchase is a New Door 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 and associated services (the “Balance Payment”) upon completion of installation of the door at Customer’s premises. Customer agrees that GARAGE 24, 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. Customer understands that TMII Enterprises, LLC may at its discretion attempt to reinitiate any rejected or unsuccessful charges up to two times. Customer understands that Customer’s financial institution may impose fees in connection with rejected payments, and Customer agrees that neither GARAGE 24, LLC nor its authorized agent or payment processor will have any liability for such fees. If GARAGE 24, LLC or its authorized agent or payment processor makes an error in processing a payment, Customer authorizes them to correct the error by crediting or debiting the Customer’s Payment Account in the amount of such error on or after the date such error occurs. Customer further authorizes TMII Enterprises, LLC to credit the amount of the deposit it received to Customer’s Payment Account if Customer timely cancels the New Door Order pursuant to Buyer’s Right to Cancel in Section 1 and Exhibit A.(D) Garage Door Dimensions. Unless GARAGE 24 is to perform framing Services for Customer or Customer provides at least 24-hours’ prior notice to A1 of cancellation of a scheduled appointment, if Customer’s finished garage door opening dimensions do not match those provided by GARAGE 24 to Customer, then Customer shall pay A1 an amount equal to the actual cost of GARAGE 24’s direct and indirect losses, expenses, costs, fees, and other amounts paid or incurred arising out of the scheduled appointment at which GARAGE 24 personnel is unable to complete installation Services due to such dimensions.(E) Cleared Premises. Prior to A1’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 GARAGE 24 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 A1 an amount equal to the actual cost of A1’s direct and indirect losses, expenses, costs, fees and other amounts paid or incurred arising out of the scheduled appointment at which A1 personnel is unable to complete installation Services due to the conditions of the premises.

Privacy Notice. 

Please review A1’s Privacy Notice, found at https://a1garage.com/privacy/, which explains GARAGE 24’s practices relating to the collection and use of your information through or in connection with the Services. GARAGE 24’s use of your information is governed at all times by A1’s Privacy Notice, which is incorporated into this Agreement. You understand that through your use of the Services, you consent to the collection and use of your personal information as set forth in the Privacy Notice.

Consent to Electronic Contracting. 

Customer hereby agrees and consents to sign this Agreement electronically. Customer hereby confirms that Customer has a valid, active email address and is capable of opening, reading, printing, storing and saving emails and Word and PDF attachments to emails sent to that email address. Customer hereby instructs A1 to send a copy of this Agreement to the email address identified by Customer. Customer may request a paper copy of this Agreement by calling GARAGE 24 at 1 215 315 3632 or emailing GARAGE 24 at mi*****@******24.com.