GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
1.1. AGREEMENT – “Agreement” refers to all the obligations, rights, and privileges contained within this Proposal.
1.2. EXXPONENTIAL – “EXXPONENTIAL” refers to EXXPONENTIAL LLC, with offices at 21378 Marina Cove Cir B18, Aventura, FL 33180, which is the licensee of the trademark MiniliftUSA.
1.3. BUYER – “BUYER” refers to the person or company who agrees to and accepts all terms and conditions of this Proposal.
1.4. DATE OF CONCLUSION – “Date of Conclusion” refers to the day on which the installation of the lift is completed and delivered by EXXPONENTIAL, ready for safe use, even if some minor details require further adjustment.
2. ACCEPTANCE
By accepting this Proposal, the BUYER agrees to all terms and conditions set forth herein, which supersede any other agreements or terms, including any prior acknowledgements. This document constitutes the entire contract between the BUYER and EXXPONENTIAL. This document shall become a contract at EXXPONENTIAL's discretion under any of the following conditions: (1) the BUYER places an order with EXXPONENTIAL and pays the non-refundable down payment specified in the Proposal, (2) EXXPONENTIAL completes the installation of the BUYER’s lift, or (3) the BUYER otherwise agrees to the terms and conditions herein, whether in writing, orally, or by conduct. No prior or subsequent communication shall modify, amend, or nullify any term or condition stated herein unless expressly agreed to in writing by a duly authorized officer of EXXPONENTIAL.
3. CIVIL WORKS
All civil works are the responsibility of the BUYER, who must engage a specialized and licensed contractor for this purpose. The lift will only be delivered to the work site after the completion of all civil works in accordance with the instructions provided by EXXPONENTIAL, including the installation of the electric power point, any necessary structural reinforcements on the walls, and final finishes.
4. DELIVERY
The typical factory delivery time is 12 weeks, with an additional 2-4 weeks for schedule the installation at the job site. Installation of the lift will take up to 3-5 business days. Holiday delays are not included in the build time estimation.
5. SAFETY
The BUYER is responsible for ensuring the safety of persons and property during and after the installation process, particularly with respect to children, the elderly, and pets. It should be noted that no compensation can fully cover damages suffered by a human or an innocent pet.
6. CHANGES
Any changes required after the Acceptance date will result in a new or supplementary order, which may involve additional charges and delays to the previously agreed delivery time and Date of Conclusion.
7. PAYMENT
Payments must be made as described in the Proposal by the due date. The estimated charges include all parts, labor, and shipping required for the service, plus applicable state, local, and sales tax. Delayed payments are subject to interest at the rate of two and one-half percent (2.5%) per month on the unpaid balance, as well as any collection costs, including court fees, out-of-pocket expenses, and reasonable attorneys’ fees.
8. SEVERABILITY
If any clause is deemed illegal or unenforceable, it will be considered null and void, with the remaining terms and conditions continuing to be enforceable.
9. FORCE MAJEURE
EXXPONENTIAL is not responsible for any failures or delays in fulfilling its obligations due to events beyond its reasonable control.
10. INSURANCE
EXXPONENTIAL will provide General Liability and Workers’ Compensation Insurance for its own employees. The BUYER is responsible for maintaining appropriate insurance on the property to protect the interests of both parties until the installation of the elevator is completed.
11. PERMITS
EXXPONENTIAL is not responsible for obtaining permits. Obtaining permits is the responsibility of the BUYER or the Contractor. EXXPONENTIAL’s dealers are independent contractors and are responsible for maintaining their own licensing requirements and liability insurance. If there are any questions regarding these requirements, the BUYER should consult the Contractor.
12. ASSIGNMENT
Neither party may assign this Agreement or any of their rights or obligations under this Agreement without the other party's written consent.
13. WAIVER
EXXPONENTIAL’s failure, delay, or neglect in enforcing any of its rights under this Agreement will not be deemed a waiver of those rights. A waiver or extension is only effective if it is in writing and signed by the party granting it. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.
14. LIMITATION OF LIABILITY
It is expressly understood that EXXPONENTIAL's liability to the BUYER shall not exceed the total amount paid by the BUYER to EXXPONENTIAL. EXXPONENTIAL shall not be liable for any additional damages, whether or not these damages are a result of EXXPONENTIAL's (or its subcontractors') negligence, including fines, penalties, or other consequences arising from delays or failures in the delivery of the contracted equipment.
15. INDEMNIFICATION
The BUYER shall indemnify, defend, and hold EXXPONENTIAL, its employees, and agents harmless from and against any and all losses, costs, liabilities, damages, and expenses (including legal and other incidental expenses) arising from: (1) the breach of any representation or warranty by the BUYER under this Agreement; (2) the breach of any covenants or agreements by the BUYER under this Agreement or the transactions contemplated herein, including failure to make timely payments; (3) defects in the goods or services provided, caused by alterations made by the BUYER, with or without EXXPONENTIAL's consent, or improper handling by the BUYER; or (4) the acts or omissions of the BUYER, irrespective of whether such claims or damages are caused, or alleged to be caused, in part by the joint, several, or comparative (but not sole) negligence, breach of contract, warranty, or any other duty by EXXPONENTIAL.
16. COMPLETE AGREEMENT
No other terms or conditions, other than those expressed in this document, shall be considered a substitute or complement to this Agreement, whether communicated orally or derived from EXXPONENTIAL’s promotional materials or website.
17. GOVERNING LAW
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of law rules.
