1. Picking Up Your Order:
a. You must sign that the items you received are in good condition. You assume all responsibility for the condition of the Items that have left the store.
b. You, the customer, are responsible for supervising the loading, arranging, tying down, and securing the Items in your vehicle. Please bring any tie-downs and rope you feel you need. Home Zone will happily supply you with some twine if you have none. As a courtesy, Home Zone staff is happy to assist you with loading, arranging, tying down, and securing the Items in your Vehicle. If, in the event Home Zone staff provide you with this assistance, you are solely responsible for ensuring that the Items are property loaded, arranged, and secured to your Vehicle.
c. ADDITIONAL RELEASE FROM LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION AND HOLD HARMLESS: Home Zone makes no promises or warranties about the quality or strength of the twine or other items that it supplies or any assistance it provides to Customer in loading, arranging, tying down, and other securing of the Items in your Vehicle, including, but not limited to,
d. WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer RELEASES AND DISCHARGES Home Zone in the event Losses and Damages result to Customer, Customer’s property, any third-party, or any third-party’s property, as a result of (1) the twine or other items Home Zone provided breaks or fails; and/or (2) there are any issues with the nature or quality of any assistance that Home Zones has provided to Customer as described above. Customer agrees to INDEMNIFY, DEFEND, AND HOLD HOME ZONE HARMLESS from all Claims, including Claims made by Customer and/or third parties that relate to or arise from the loading, arranging, securing, and/or transporting of Items from Home Zone’s store to any other location. Customer agrees that Customer will not sue or make claim against Home Zone for Losses or Damages that relate to or arise from the loading, arranging, tying down, or securing Items in Customer’s Vehicle and the subsequent transporting of these Items from Home Zone’s store to any other location.
e. FULL WAIVER AND RELEASE OF LIABILITY FOR PICKING UP
Customer assumes all responsibility for making sure that all items purchased from Home Zone (“Items”) are securely tied down in Customer’s vehicle, trailer or other method of transport (collectively “Vehicle”). Customer RELEASES AND DISCHARGES Home Zone from any and all liability, claims, demands, lawsuits, causes of action, judgments, damages, expenses, attorney fees, and costs (collectively “Claims”) that Customer may have for personal injuries, property damages, or other losses of any nature whatsoever (collectively “Losses and Damages”) that result from the Items not being securely tied down, even if the negligence of Home Zone causes those damages. CUSTOMER EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISK OF LOSSES AND DAMAGES
2. Delivering Your Order;
a. You may pick the day of your delivery, but Home Zone Furniture cannot guarantee a delivery time frame
b. Delivery charges apply for all deliveries. All delivery charges are paid at the time of purchase unless delivery is done by a third-party subcontractor arranged by the customer. The customer is responsible for paying their arranged contractor and the subcontractor assumes responsibility in the event of damage or loss.
c. The delivery crew cannot remove doors or windows. If the delivery crew determines that damage is likely to occur to the items being delivered or to the home itself due to complex delivery conditions and/or space constraints, they will not attempt the delivery unless specifically directed to do so by you, the customer. In this situation, you will be asked to sign a damage waiver. You understand and agree that Home Zone is not responsible for any damage to your home or personal property or any personal injuries caused by the delivery crew. You waive your rights to make or pursue any Claims against Home Zone due to any act or omission caused by the delivery crew.
3. After Receiving Your Order;
a. All products carry a manufacturer’s warranty unless sold “AS IS.” If, in the rare occurrence, you experience a manufacturer’s defect, you will be required to return the product to the store. The product will be repaired or replaced at the manufacturer’s option. In some cases, you may need to leave the product with us for several days.
b. If you cannot return the product to the store, we will arrange for a delivery crew to come to your house to pick it up. The standard delivery charge would apply and would need to be paid before the time of pick-up.
4. Scope of "Home Zone";
When used in this document, the term “Home Zone” includes Home Zone, its officers, directors, managers, employees, insurers, members, agents and representatives.
5. Binding Arbitration;
All disputes related to or arising from transactions with Home Zone Furniture, including claims against its officers, directors, employees, or contractors, shall be resolved exclusively through final and binding arbitration and not by a court. This agreement to arbitrate prevents both parties from suing in court or having a jury trial. By agreeing to these terms, parties waive any right to participate in class actions or other representative proceedings.