Terms of Service
1. Disclaimer Liability
Handyman Assembly has taken reasonable efforts to ensure that the information contained in this website is accurate; however, all information is provided “as is” without any express or implied warranties,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL Handyman Assembly BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES.
All users of the information agree that access to any use of the information is subject to the terms and conditions set forth on this “Legal Notices” page, as well as all applicable laws, and such access and use is at the user’s own risk. These terms and conditions are subject to change from time to time without notice by updating or revising this “Legal Notices” page.
2. Copyright Notice
Copyright notice for all pages on this website: © 2017 Handyman Assembly, All Rights Reserved. Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of Handyman Assembly’s copyrighted works without first obtaining Handyman Assembly’s written consent. You may not view, reproduce, print or otherwise use any of the content of this website for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above.
3. Trademark Notice
All product names, trademarks, service marks or other images in this website are either the property of, or used with permission by, Handyman Assembly, and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on this website may be trademarks or service marks of other persons.
Sometimes the Handyman Assembly website may contain links to third party websites. Handyman Assembly does not control the content of these websites. Unless specifically stated on this website to the contrary. Handyman Assembly is not affiliated with these third parties and does not endorse or sponsor their websites, products or services.
6. Governing Law
By accessing this website, you agree that the laws of the United States of America and the laws of the State of California, without regard to the conflict of laws and principles thereof, will apply to all matters relating to use of this web site. You also submit to the personal jurisdiction of California and the venue of the state and federal Courts of California.
Terms Of Service:
The following terms here and below are of use apply only to the use of and purchases from the Handyman Assembly website at (the “Handyman Assembly Website”). The terms “you”, “your” and “yours” “client” refer to the user/customer utilizing our Website to purchase services (“Services”) or to browse our website. The terms “we,” “us” and “our” refer to Handyman Assembly.
By buying install service from Handyman Assembly you are agreeing to the following terms and conditions:
You must have all materials required to complete installation at the time of the scheduled installation appointment. POWERBRIDGE(s) and TV mount(s) that you ordered from Handyman Assembly will be shipped to your address prior to installation date, which will be 3-5 business days. You are responsible for all equipment and Service you purchase separately from Handyman Assembly, including product or service provided by anyone acting as an authorized representative of Handyman Assembly that is not charged to your credit card by Handyman Assembly. You understand you must provide all equipment necessary to complete the Install you have contracted Handyman Assembly for. Issues concerning the pre-determined and final location and installation methods of a flat panel TV, LCD, or Plasma TV are between that of the Tenant and Homeowner. Occasionally additional services that are not identified during the initial consultation must be provided that are outside normal or contracted scope of work that was paid for to Handyman Assembly.
CONDITIONS FOR OUR INSTALLATION SERVICE:
For purposes of this Agreement, the term “Service” shall mean the Handyman Assembly Installation service, including all technical support, products and services provided directly by Handyman Assembly under the installation option that you have selected.
Handyman Assembly or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability.
You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete. You understand that Handyman Assembly relies on the information you supply and that providing false or incorrect information may result in Service withholding or delays or cancellation fees. You agree to promptly notify Handyman Assembly whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
If you purchase any Handyman Assembly Service: You may not resell the Service, use it for high volume purposes, or engage in other similar activities, or use it as a virtual support center, as determined solely by Handyman Assembly.
The Service you select may not be available at all times, and may not be available in the format generally marketed, and some televisions and location may not be able to receive the Service even if initial assessment showed your television and location was qualified to receive. All Services are provided on an AS IS basis. Quality of picture, placement of television and availability of Service are not guaranteed.
Handyman Assembly may terminate this Agreement without cause by giving thirty (30) days written notice to you. Fees paid for your Install, if any, are not refundable after 24 hours of placing your order.
Termination and/or Suspension by Handyman Assembly:
If Handyman Assembly determines that you are abusing the Service then, Handyman Assembly at its sole discretion may terminate or suspend your Service immediately without notice.
Client must give a reasonable time for Installer to be complete service or install. If client stops installer while in the process of installing before completion, full installation cost would still applied. If customer do not have all the parts to complete the install, or if the TV is not there yet, there would be “wait time” charges added to the bill according to the amount of time our installer have to be wait.
Reasonable time to Fix damage:
Client must provide a reasonable time frame for Installer to fix any damage caused by our installer.
Handyman Assembly will patch up any hole to facilitate installation, however Handyman Assembly is not responsible for paint or texture of the wall.
Pricing and Payment:
Handyman Assembly does not accept cash or checks for payment of any charges or fees.
Handyman Assembly fees and charges for the installation Service(s) are supplied to you during the initial phone ordering process and are available on the Handyman Assembly sales receipt unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Installation, as well as any other charges including but not limited to minimum service fees, no-show fees, fail to cancel fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, installation fees and other non-recurring fees, if applicable, will be included in your bill. Handyman Assembly or its agents will charge your supplied credit or debit card, as you request and as approved by Handyman Assembly.
Handyman Assembly reserves the right to charge service fees to a customer’s credit card up to eight (8) weeks after the conclusion of service or at any time prior to the service being rendered.
Cancellation, Late, work order downgrade or Missed Appointments:
If you need to cancel the installation, Handyman Assembly may charge a cancellation for ordered installation if it's . There is a cancelation fee of 50% or $99, whichever greater. The cancellation fee will not be less than $99. Handyman Assembly, in its sole discretion, may charge additional fees for cancellation depending on the situation of the cancellation. Rush order Installations Services have a $199 cancellation fee. Cancellation upon arrival or any reason is $99. Work order downgrade made 12 hours or less from the schedule appointment, shall be consider the same as a cancellation.
If any portion of your bill is not paid, Handyman Assembly may charge you a late fee on unpaid balances and may also put a lien on the location where the installation was provided without notice. The late fee will be the highest rate permitted by law. In the event Handyman Assembly utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys’ or collection agency fees.
There will be a 50% or $99 cancellation fee applied, if made within 36 hours from the time of the schedule install, by the customer.
If customer do not contact Handyman Assembly a minimum of Thirty Six (36) hours prior to your appointment to reschedule your appointment, you will be charged, at Handyman Assembly’s discretion, a missed appointment fee of no less than $99.
In the event that Handyman Assembly cannot make the appointment due to unforeseen circumstances, Handyman Assembly reserves the rights to reschedule the customer. If the customer decided to cancel the installation, there will be a $99 cancellation fee.
Handyman Assembly reserves the rights to charge a rescheduling fee of $35, should the customer decided to reschedule.
Handyman Assembly guarantees customers’ TV will not fall off the wall for a period of one year from the date of completion. If customer (or anyone besides Handyman Assembly) modifies, uninstalls, alters TV mounting bracket, wires concealment, molding strip, or any other work made by Handyman Assembly in any way shape or form, the written or verbal warranty become null and void. The waiver of any fees or charges lies solely at the discretion of Handyman Assembly. If customer provide the wall mount, no warranty shall be provided for the installation.
Limitations on Use of the Service:
You are not authorized to use any Handyman Assembly name or mark (including ‘Handyman Assembly’) as a hypertext link to any Handyman Assembly Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Handyman Assembly
You agree that your use of the Service, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.
Liability and Warranties:
YOU AGREE THAT THE INSTALLATION SUPPLIED HEREUNDER IS PROVIDED ON “AS AVAILABLE” OR “AS IS” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT BY Handyman Assembly AND/OR ITS SERVICE PROVIDERS (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), HANDYMAN ASSEMBLY (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES AND AGENTS), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF EQUIPMENT SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY Handyman Assembly OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
Handyman Assembly SHALL NOT BE LIABLE FOR LOSS OF PICTURE QUALITY, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
IN NO EVENT SHALL Handyman Assembly ’S (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES OR AGENTS), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO LOCATION OF INSTALLATION OR EQUIPMENT INSTALLED WITH OUR SERVICE ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF HANDYMAN ASSEMBLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY
ALL LIMITATIONS AND DISCLAIMERS STATED HEREIN, ABOVE OR BELOW THIS PARAGRAPH ALSO APPLY TO HANDYMAN ASSEMBLY’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH Handyman Assembly (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), Handyman Assembly’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
Handyman Assembly RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
Customer agree that if the install is done by a local subcontractor (retain by Handyman Assembly), any damages incurred during installation is not the responsibility of Handyman Assembly. Therefore, the local subcontracted installer is held liable for any damages he/she commit during the installation process.
By signing the work order you are agreeing to the following:
You agree to be bound to the terms of service herein, above and below and any additional changes that result to this term of service herein. Handyman Assembly will notify via email within a reasonable time frame of any changes.
You agree that no further work is required by Handyman Assembly. That the work contracted for has been completed to their complete satisfaction.
You agree that the installer did not damage any of your property during, after or before installation. Henceforth you have no claim for damage after the installation is complete and signed the work order.
You agree to pay for any additional services rendered at the time of the installation.
Handyman Assembly has the final right to refuse any claims of damage by Handyman Assembly or its contractors and the customer waives any other rights they might otherwise have available to them.
Handyman Assembly may without notice refuse to service a customer if in Handyman Assembly own discretion they determine the customer to be unreasonable in their requests. All transactions are final. If the customer cancels Handyman Assembly will charge a booking fee up to $99.
These terms are governed and construed by the laws of the California without regard to its conflict of law. You agree that if any part of these terms is found to be unenforceable, the remainder of these terms will remain in full force and effect.
We realize that you may be concerned about how the information we provide online or offline will be used. We are committed to protecting your privacy. Information you provide will be used solely for the purpose of fulfilling your order for service.
In no event shall Handyman Assembly, its parent or affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.
You agree to defend, indemnify and hold harmless Handyman Assembly from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (A) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (B) negligent acts, errors, or omissions by you; (C) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use
Notices required under this Agreement by you shall be provided to the Handyman Assembly Customer Service Department. Notices by Handyman Assembly to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.
Handyman Assembly will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment..
You agree not to assign or otherwise transfer, this Agreement in whole or in part or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice.
You and Handyman Assembly agree that the substantive laws of the California, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND Handyman Assembly CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN SANTA ANA, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including CALIFORNIA laws relating to consumer transactions, any cause of action or claim you may have with respect to the install must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Contractor/manufacturer is Handyman Assembly or its licensors and suppliers. The use of documentation is further restricted in accordance with the terms of this Agreement.
Handyman Assembly’s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and Handyman Assembly with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
Any job more than $500 will be subject to additional contract rules. Client shall have up to 72 business hours from the installation schedule to cancel. Anything cancel under 72 business hours of the installation time frame shall be subject to 50% or $99 cancellation fee.
NOTICE TO CUSTOMER
(Section 7018.5—Contractor’s License Law)
IN CALIFORNIA THE LAW REQUIRES THAT, BEFORE A LICENSED CONTRACTOR CAN ENTER INTO A CONTRACT WITH YOU FOR A WORK OF IMPROVEMENT ON YOUR PROPERTY, THAT CONTRACTOR MUST GIVE YOU A COPY OF THIS NOTICE. THIS IS YOUR COPY PLEASE PRINT IT OUT.
Under the California Mechanics’ Lien Laws, any contractor, subcontractor, laborers, supplier, or other person or entity who help to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed or other properties and to sue you in court to obtain payment.
This means that after a court hearing, you home, business, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid.
To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “Preliminary Notice.” Contractors and laborers who contract with customers directly do not have to provide such notice since you are aware of their existence as an customer. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, sub-contractor, supplier, or laborers must file a mechanics’ lien with the county recorder, which then becomes a recorded lien against your property.
Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project.
Customer may cancel installation service as defined by the Installation terms of service but once you select the Handyman Assembly Powerbridge Kit to be included with your installation you may not return the Kit under any circumstances except for defect.
Customer holds Handyman Assembly harmless from any and all claims that result in any changes in federal or local electrical code. Customer agrees Handyman Assembly has the sole discretion to determine if there is a defect that was not caused by the customer mishandling the kit. Customer agrees that purchasing the Kit you are authorizing Handyman Assembly to charge the credit card you provided HD Installers for the price of the Kit. Customer understands the Kit is mailed via USPS directly to Customer from Handyman Assembly fulfillment warehouse in the Santa Ana, California area and may take up to 5 days to be received (average delivery date is 3 days). By accepting these terms you’re agreeing that Handyman Assembly is not responsible for any delays due in regards of delivery. You may select expedited delivery for an additional fee. Customer understands that Handyman Assembly makes no claim of warranty or suitability of service other than what is stated in the product description. Customer agrees they are the card holder or the authorized agent of the card holder and has the legal right to order this service via the credit card provided. Customer agrees the Powerbridge Kit has a full retail value of $99.00 and shipping and handling fee of $25.00 for a total of $124.00 excluding labor. The fee of $50 must be paid in full prior to shipping of the kit and if customer cancels the installation service the customer agrees the Kit is not refundable and agrees to pay the $124.00 even if the installation service order was cancelled. By purchasing our Installation services from Handyman Assembly we are discounting the normal labor cost associated with our service by the price of the Kit. The Kit is not free or discounted when purchasing this installation services. Customer agrees that Handyman Assembly is not assigning any rights to licenses, market or resell the Kit to the Customer. Customer agrees that they will not tamper with the Kit in any way that could result in the Kit not working correctly. Customer understands that they are responsible for possible rescheduling fees as outlined by the general Handyman Assembly
Terms of Service, Agreement herein, above, and below.
Handyman Assembly reserves the right to cancel the service without notice at any time.
Handyman Assembly DOES NOT FIX ISSUES WITH EQUIPMENT OR SIGNAL QUALITY. Additional restrictions may apply. Handyman Assembly is the final authority on the interpretation of these rules. Handyman Assembly reserves the right to deny any claims that cannot be reasonably verified, or for which incomplete information has been provided or for any reason that Handyman Assembly sees fit. Handyman Assembly reserves the right to terminate this offer at any time without notice.
Disclaimer of warranty for Handyman Assembly Website
We provide our website and its contents on an “AS IS” basis and make no warranty or representation regarding any product or Service, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement, which are hereby expressly disclaimed, unless otherwise stated herein.
Despite our best efforts to ensure that the information on our website is accurate, complete and current, there may be instances when information about a Service contains inaccurate or incomplete data, including data about the Installation’s price or availability. We make no warranty or guarantee that the information on our website is error-free, complete, or current. We reserve the right to make changes, including pricing, and to correct errors and/or update the content on our website at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.