Terms & Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the americandoor.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“Customer”, “User”, “Buyer”, “you” or “your”) and American Door (“American Door”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “Customer”, “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and American Door, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Links to other resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by American Door or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with American Door. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of American Door or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of American Door or third party trademarks.

Disclaimer of warranty

American Door warrants that materials and equipment fabricated and installed will be of good quality and new unless otherwise required or permitted by the Agreement; that the Services will be free from defects not inherent in the quality required or permitted; and that the Services will conform with the requirements of the Agreement. Services not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. Except as otherwise specifically stated, American Door shall guarantee its materials and workmanship against defect due to faulty materials or faulty workmanship or negligence for a period of ninety (90) days following Substantial Completion of the Services. Where the manufacturer’s warranty on equipment or parts thereof exceeds ninety (90) days, the guarantee period on such equipment or parts thereof shall be extended to include the full warranty of the manufacturer. American Door shall repair or replace such defective materials, equipment or workmanship to the full satisfaction of the Customer within the stipulated guarantee period without cost to the Customer. American Door’s insurance coverage ends upon Substantial Completion of its Services. Any agreement, contract or service provider agreement, rest solely on American Door’s discretion to offer any insurance coverage after the said warranty has expired. American Door does not offer any insurance coverage for planned maintenance service calls unless written by American Door to perform and maintain said planned maintenance in an exclusive contract with defined dates, including but not limited to repairs, installations, service, or any other form of Work performed by an American Door personnel.

Pricing

Taxes and Other Charges. All Services shall be invoiced at the price in effect at the time of shipment and therefore all prices are subject to adjustment without prior notice to You. You shall be responsible for and shall pay all taxes, charges or fees imposed directly or indirectly related to the Services including, but not limited to, any manufacturer’s tax, occupation tax, sales lax, service tax, excise tax, duty, custom inspection or testing fee, and any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, increases in transportation rates and costs. If American Door is required to pay any tax, fee or charge, You agrees to reimburse American Door for such tax, fee or charge.

Payment

American Door shalt invoice Buyer for every shipment of Products or Services made pursuant to this Agreement. You agree to pay each invoice pursuant t0 the payment terms set forth on Quotation. You agree that, if payment is not made in accordance to such payment terms, interest shall accrue at the rate of 2% per month {annual percentage rate is 18%), but not more than the maximum rate allowed by applicable law. American Door reserves the right to require Buyer pay for Products in advance or provide satisfactory security, if the financial performance or credit worthiness of Buyer is unsatisfactory t0 American Door. If Buyer fails to pay for any order, American Door may defer further manufacture or shipment of orders until payment is made or may, at American Door’s sole option and discretion, cancel such order. In the event of such cancellation, the Buyer agrees to pay Seller for all Services delivered to Buyer prior to the date on which such order is cancelled.

Delay

American Door shall be excused for any delay in delivery of Services due to acts beyond American Door’s control and not due to American Door’s fault or negligence including, but not limited to, Acts of God, acts of local, state or federal government or any agency thereof, strikes, lockouts, fires, floods, explosions, accidents, wars, riots, delays of supplier, delays of materials, delays of any subcontractors or any other stoppages of American Door’s business. Delay in delivery of any Services, in whole or in part, shall not relieve Buyer of its obligations to accept remaining deliveries. In the event of a delay, American Door may, at American Door’s sole option and discretion, terminate this Agreement, or suspend or postpone delivery of the Service until the circumstance preventing or hindering the the delivery of the Services has ceased. In the event this Agreement is terminated pursuant to this paragraph, Buyer agrees to pay American Door the agreed price for all Services delivered to Buyer prior to the date on which this Agreement is terminated. In the event any Services are delayed, or returned to American Door, as a result of Buyer’s conduct or Buyer’s failure to accept delivery of Services, Buyer agrees to pay all damages, storage costs and any other additional costs incurred by American Door as a result thereof.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will American Door, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of American Door and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to American Door for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold American Door and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Fukuoka, Japan without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Japan. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New York, NY, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of the Website. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to doorman@americandoor.com.

This document was last updated on February 6, 2023