1. Outerland LLC’s Christmas lighting service is comprised of the design, installation, and removal of holiday decorations. All lighting and decorations remain the property of Outerland, LLC.
2. Lighting and Decorations: Outerland, LLC warrants the quality of our decorations and workmanship as provided below. Should you have any problems with the decorations, we want to correct them as soon as possible. We recommend that you turn the lights on for several hours over the first three to four evenings to test the lighting program. This will allow us time to make corrections as soon as possible in order to maximize your enjoyment of the decorations. Repairs needed due to vandalism, extraordinary weather conditions, and customer-added lights are not warranted and will be billed as additional services. Power failure or tripping of GFI circuits that occur as a result of inclement weather cannot be the responsibility of Outerland, LLC. We will perform required service calls to solve these issues, but we cannot be held liable for damage that may occur as a result of acts of nature. Upon reinstallation, all non-functioning bulbs and/or miniature light sets will be replaced at no additional charge; this is included in the reinstallation and removal charge.
3. Billing Issues and Quality of Service: In the event that you have a question concerning any billing, contact our office within 7 days, or we will assume that billing is undisputed. This normally would include materials, set up, installation accessories, removal, and boxing of decorations. Storage of all decorations is included with the service.
4. Seasonal Lighting: Please be advised that all standard lighting that is installed is suitable to be used as seasonal, temporary lighting unless otherwise specified. Outerland, LLC can only warrant seasonal lighting for up to 90 days. Product life expectancy should not exceed 90 days when used continuously.
5. The customer hereby grants Outerland permission to use any image, picture, photo, and/or digital images, and the like, taken or made on behalf of Outerlands’ activities. The customer agrees that the images have complete ownership of such pictures, etc., including the entire copyright, and may use them for internal training, marketing, and promotional materials. Outerland hereby acknowledges that the use of such imagery in no way implies a direct endorsement of Outerland. The customer acknowledges that they will not receive any compensation, etc. for the use of such pictures, etc., and hereby release Outerland and its agents and assigns from any and all claims that arise out of, or are in any way connected with, such use.”
6. Installation and Removal: Holiday decorations shall be installed and removed at your request, if possible. Customers designating times are given priority based upon first-in-time notice. All services are subject to weather conditions and demand. Outerland, LLC retains sole discretion as to the timing of services, and no breach occurs based on dates of service.
7. Terms and Conditions: All services, unless otherwise agreed, are billed at the time of installation. Payment is due upon receipt of an invoice. A payment outstanding 30 days after the due date will be subject to interest at the rate of 1.5% per month. The customer will be liable for all costs of collection, including reasonable attorney fees. Warranties contained herein will not be honored and will become void should the Customer be in default of a payment obligation.
8. LIMITED WARRANTY AND LIMITATION OF LIABILITY AND REMEDIES: BOTH PARTIES TO THIS CONTRACT AGREE THAT IN THE EVENT OF THE FAILURE OF MALFUNCTION OF THE LIGHTING AND/OR DECORATIONS PROVIDED, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE CUSTOMER SHALL BE THE REFUND OF THE COST OF THE SERVICES PROVIDED UNDER THIS AGREEMENT OR THE REPAIR OR REPLACEMENT OF THE LIGHTING AND/OR DECORATIONS, TO BE DETERMINED SOLELY AT THE DISCRETION OF OUTERLAND, LLC.
BOTH PARTIES AGREE THAT OUTERLAND, LLC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OF ANY NATURE CAUSED TO THE PROPERTY OF THE CUSTOMER BY ANY FAILURE OR MALFUNCTION OF THE LIGHTING AND DECORATIONS PROVIDED UNDER THIS AGREEMENT.
BOTH PARTIES AGREE THAT ANY CLAIM BY THE CUSTOMER THAT THE WORKMANSHIP OR MATERIALS USED ARE DEFECTIVE OR NONCONFORMING MUST BE BROUGHT TO THE ATTENTION OF OUTERLAND, LLC IN WRITING WITHIN 72 HOURS. FAILURE TO DO SO WILL RESULT IN A COMPLETE AND FINAL WAIVER OF ALL CLAIMS.