DEFINITIONS. “Agreement”means the obligations and rights and privileges contained in these Terms and Conditions. “Ascent”means Ascent Mobility Solutions, Inc., with principle offices at 747 Sheridan Blvd, Unit 4B, Lakewood, CO 80214. “Buyer”means the person who accepts Ascent’s quotation for installation of a lift or whose order is accepted by Ascent. “Date of Service”means the day on which installation of Buyer’s lift is completed.
ACCEPTANCE. THE ACCEPTANCE OF BUYER’S ORDER IS SUBJECT TO ALL TERMS AND CONDITIONS SET FORTH HEREIN, ALL OF WHICH ARE ACCEPTED BY BUYER, SUPERSEDE ANY OTHER AGREEMENTS OR TERMS, AND ACKNOWLEDGEMENT IF ANY, AND CONSTITUTE THE ENTIRE CONTRACT BETWEEN BUYER AND ASCENT. The herein document shall become a contract either when at Ascent’s option, (a) Buyer shall have placed an order with Ascent and paid the required fifty-percent (50%), non-refundable down payment, or (b) when Ascent has completed installation of Buyer’s lift, or (c) when Buyer has otherwise assented to the terms and conditions hereof either in writing, orally, or by conduct. No communication, prior to subsequent hereto, shall act to modify, amend, or reject any term or condition stated herein unless expressly agreed to in writing by a duly authorized officer of Ascent.
PAYMENT TERMS.Prior to commencing work on installing Buyer’s lift, the Buyer shall provide to Ascent a non-refundable down payment in the amount of fifty-percent (50%) of the total estimated charges.The balance of Buyer’s billed charges is due upon completion of installation. The estimated charges include all parts, labor, and shipping required for service, plus applicable state, local, and sales tax. All payments not made by the due date shall bear interest at a rate of one-and-one-half percent (1.5%) per month on the unpaid balance. Further, Buyer shall reimburse and indemnify Ascent for any costs of collection incurred in collecting any past-due sums, including court fees, out-of-pocket expenses, and reasonable attorneys’fees.
ALTERATION OF TERMS. Changes in the terms and conditions herein shall not be binding on Ascent unless made in writing and executed by a duly authorized officer of Ascent.
WARRANTY. In installing your lift, Ascent warrants that service will be performed in a workmanlike manner and that all workmanship is guaranteed for ninety (90) days from the date of service. This warranty is an express limited warranty. If non-conforming service is provided or a defect arises in a replacement part or product during the ninety (90) day warranty period, Ascent will, at its option, (1) repair the part or product, using new, used or refurbished replacement parts, or (2) replace the part or product with a new, used or refurbished equivalent part or product, or (3) refund the sums paid to Ascent for the service.THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND PARTS OR PRODUCTS PROVIDED. Any abuse or misuse of the goods by Buyer voids this limited warranty. ASCENT SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF ASCENT CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY. Ascent’s warranty shall cover solely its labor and workmanship. Buyer should refer to the manufacturer’s brochure provided with the lift unit purchased to claim warranties concerning the lift itself.
LIMITATION OF LIABILITY. ASCENT’S ENTIRE LIABILITY TO BUYER FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF BUYER’S PRODUCT, WHETHER DUE TO ASCENT’S NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT BUYER PAYS ASCENT FOR SUCH SERVICE. IN NO EVENT SHALL ASCENT HAVE LIABILITY WHATSOEVER FOR INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL (SUCH AS LOST PROFITS OR REVENUES) DAMAGES, OR FOR TRANSPORTATION, ADJUSTMENT, OR OTHER EXPENSES, WHICH MAY ARISE IN CONNECTION WITH THE INSTALLATION OF A LIFT. BUYER’SONLY REMEDY UNDER THESE TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST ASCENT IN AN AMOUNT NOT TO EXCEED WHAT BUYER PAID ASCENT FOR THE SERVICE.
INDEMNIFICATION. Buyer hereby agrees to defend, indemnify and hold harmless Ascent, and its agents and employees, from any claims, damages or expenses, including reasonable attorney fees, arising or alleged to arise from: (1) any asserted deficiencies or defects in the goods or services that Ascent provides or performs caused by alteration thereof made by Buyer with or without Ascent’s consent, or the improper handling or maintaining by Buyer or other non-Ascent agents; (2) the breach of any term stated herein; or, (3) the act or omission of Buyer; irrespective of whether such claim, damage or expense is caused, or alleged to be caused, in part by the joint, several, comparative, (but not sole), negligence, breach of contract or warranty, or any other breach of duty by Ascent whether asserted under a negligence, a strict or any other product liability theory, or any other legal theory.
SUBCONTRACTORS. Ascent may subcontract with other service providers for the installation or service of your lift.
GOVERNING LAW. Without regard to its conflict of law provisions, the laws of the State of Colorado govern these Terms and Conditions.
COMPLETE AGREEMENT; MERGER. These Terms and Conditions govern Ascent’s obligations and constitute the entire understanding and agreement of the parties upon the subject matter hereof. No other oral or written terms or conditions apply, including ones in any purchase order that you provide to Ascent. Ascent does not authorize any variance or modification of these Terms and Conditions. There is no agreement, oral or otherwise, which is not set forth in this writing and neither parol nor extrinsic evidence shall be introduced to explain or change the terms of this Agreement.
SEVERABILITY. If any provision of these Terms and Conditions is held to be illegal or unenforceable, that provision will be deemed to have never been part of the Terms and Conditions, and the remaining terms and conditions will continue to be enforceable.
FORCE MAJEURE. Ascent is not responsible for any failures or delays in performing its obligations that are due to events outside Ascent’s reasonable control.
WAIVER. No delay or failure on the part of Ascent in exercising any right, privilege or remedy shall operate as a waiver of such or of any other right, privilege, or remedy, and no waiver whatever shall be valid against Ascent unless in writing by a duly authorized officer of Ascent and then only to the extent set forth therein. No waiver by Ascent of any breach of this Agreement shall be deemed a waiver of any prior or subsequent breach of the same or any other provision of this contract.
HEADINGS. Section and other headings contained in this document are for reference purposes only and shall not affect, in any way, the meaning or interpretation of this document.
ASSIGNMENT. No assignment of this contract of the rights and obligations hereunder shall be valid without express written consent of Ascent. Notwithstanding anything in this section 15, Ascent at its option can assign this contract to another party.
SALES TAX. Ascent is not responsible for collecting sales tax on prescribed medical equipment. Currently the State of Colorado and local authorities do not require that tax be collected if the equipment is prescribed by a licensed doctor. If the buyer does not provide the proper documentation or the local tax authorities change the tax code requirement, it is the sole responsibility of the customer to pay any taxes owed.
SECURITY POLICY. Your payment and personal information is always safe. Ascent’s Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.
REFUND POLICY. Ascent offers a refund within 30 days of purchase on all our stairlifts. The stairlift boxes must be unopened with the full length of uncut rail. All refunds are subject to a $300 shipping and handling fee in the lower 48 states. For Hawaii and Alaska, the shipping and handling fee is $900 for all refunds.
SHIPPING POLICY. Please be assured that your items generally will ship out within two days of your payment settlement. Ascent usually ships via Fedex. A tracking number will be provided when your shipment is on its way. Ascent offers free shipping on all stairlifts in the lower 48 states. Hawaii and Alaska residents will incur a $400 shipping fee. Please note, out of state orders will not be charged sales tax. Orders within Colorado will be charged 7.5% sales tax unless a medical prescription form is completed.
Ascent is not responsible for pulling permits. Permits are the responsibility of the Buyer/Home Owner. Ascent dealers are independent contractors throughout the United States. It is the responsibility of these dealers to maintain their own licensing requirement and liability insurance. If you have any questions about these requirements, please consult your project manager.