Go Configure, LLC (“Go Configure”) is a provider of services to consumers relating to the delivery, installation, and/or repair of goods (“Goods”) purchased by consumers from a retailer with which Go Configure has an independent contractor relationship. The delivery, installation, and/or repair services provided by Go Configure are referred to in these Terms and Conditions as the “Service” or “Services”. The terms “you”, “your”, and “Customer” in these Terms and Conditions refer to you as the customer for whom the Services are being provided. These Terms and Conditions explain Go Configure’s obligations to you and your obligations to Go Configure with respect to the Services.
· Go Configure arranges for the Services to be performed by third party, independent contractors (“Contractor”) that are selected by Go Configure. Go Configure takes reasonable commercial steps to engage only qualified Contractors to perform the Services and who conform to Go Configure’s standards for performance of Services.
· The relationship of Go Configure and the Contractor is that of an independent contractor.
· Go Configure will provide the Contractor with the necessary information to, as applicable, schedule the Services, and to timely pick up, deliver, install, and/or repair at your location the Goods you have purchased from others.
· The Contractor is responsible for scheduling Services with the Customer. Scheduled Service dates may be subject to change due to inclement weather or other factors beyond the Contractor’s control.
· Customer must ensure that an adult at least 18 years of age or older will be at the residence during the performance of the Services, and will be authorized by the Customer to sign off upon completion of the Services.
· Upon arrival, Customer should verify the identity of the Contractor. If there is any question or concern in that regard, you should contact Go Configure at 1.888.888.5424.
· Customer should ensure that all paths to the destination of the Goods, from the curb to the room/location of Customer’s choice, must be clear of furniture, personal belongings, and anything else that would be an obstacle or impediment for the Contractor to be able to safely provide the Services.
· Customer must provide a designated location at Customer’s location for placement by Contractor of packaging material upon completion of the Services. Customer acknowledges and agrees that, unless otherwise specifically agreed in writing, Go Configure and its Contractor will not be responsible for removing any such materials or any other property being discarded by Customer from Customer’s location.
· Customer agrees to complete a final inspection of the Goods delivered, installed, or repaired by the Contractor. Upon inspection, if the Services have been completed in a satisfactory manner, you agree to sign a completion of services form indicating the Services have been satisfactorily completed. If there are any issues with the Services or the Goods known at the time of the provision of the Services, Customer must indicate such issues in writing to the Contractor.
· Customer acknowledges and agrees that Customer has purchased the Goods from others, and that neither Go Configure nor its Contractors are the seller or distributor of any of the Goods and therefore will not be liable for any defects in or pertaining to the Goods.
· Customer requests for additional Services, claims, complaints, or compliments should be directed to 1.888.888.5424
· Limitation of Liability and Release – Except for direct damage to tangible property, bodily injury, or wrongful death that directly results from a contractor’s negligence, under no circumstances shall Go Configure be liable to the Customer or any other person for any damages, including without limitation, any indirect, incidental, special, or consequential damages arising out of, or related to, the Services or the use of or inability to use the goods. Except for direct damage to tangible property, bodily injury, or wrongful death that directly results from a contractor’s negligence, in no event shall Go Configure’s total liability to you, whether based in contract, tort, or otherwise exceed the amount you paid Go Configure for the Services. Some states do not allow limitation or release of certain damages or liability, so the above limitation of liability and release may not apply to you.
If Customer needs to
reschedule or cancel a Services appointment with a Contractor, Customer must
provide at least 24 hours notice or
Go Configure reserves the right to charge up to $50 as a rescheduling or cancellation fee.
· Additional fees may apply for Services that were not included in the original Services order, subject to prior agreement between Customer and Go Configure. The Contractors are not permitted to request or collect additional fees from Customers for or in connection with any Services that Go Configure has agreed to provide.
· Subject to the cancellation fee referenced above, Customer may cancel Services before they are performed and not be responsible for the fees for those Services. If the Services are not properly performed due to negligence or other fault of the Contractor, Go Configure will make an appropriate fee adjustment.
· Go Configure provides a 30-day limited warranty on all Services. Go Configure warrants that the Services will be free from any defect in workmanship for a period of 30 days from the date of completion.
· This limited warranty does not cover damage from acts or occurrences beyond the reasonable control of Go Configure or its Contractor, including but not limited to, strikes, lockouts, insurrections, war, riots, and acts of God such as flooding, hurricanes, tornadoes, micro bursts, windstorms, electrical outages, fires, pandemics, and epidemics.
· This limited warranty does not cover any defects in the manufacture, design, merchantability, or fitness for a particular purpose of any of the Goods for which the Services are being provided (such defects may be covered by others under any warranty provided by the manufacturer or seller of the Goods).
· This limited warranty is provided only to the original Customer, and is not assignable or transferrable.
· This limited warranty shall not be applicable in the event of any misuse or abuse of the Goods or if the Goods have been modified, tampered with, or worked on by a service provider other than as selected by Go Configure. Go Configure reserves the right to investigate any warranty claim, and Customer agrees to cooperate with such investigation.
· CUSTOMER AGREES THAT GO CONFIGURE’S SOLE AND EXCLUSIVE WARRANTY WITH RESPECT TO THE SERVICES IS SET FORTH ABOVE, AND THAT GO CONFIGURE MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT IN NO EVENT WILL GO CONFIGURE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, ENHANCED, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE), WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OTHER TORT THEORIES, SUBROGATION, ASSIGNMENT OR BAILMENT, OR WHETHER STATUTORY, AT EQUITY, COMMON LAW, OR OTHERWISE.
· Some states do not permit certain limitations of warranties, including the limitation of damages. In such cases, applicable state law will apply.