Terms snd Conditions of Sale

Send a signed and dated written notice of cancellation viaregistered or certified mail, return receipt requested, or;

Personally deliver a signed and dated written notice of cancellation to: Upgryd Inc. 4905 Tilghman St Ste 306, Allentown PA 18104

This proposal or order is taken subject to official acceptance at the Home Office of Upgryd and shall not be regarded as contract until and unless so accepted. In the event of a discrepancy between these terms and conditions and the specific terms and conditions to this agreement set forth on the first two pages, these general terms and conditions shall control.

All change orders shall be in writing and signed by both Owner and Contractor.

We always purchase extra materials for waste/margin of error. Therefore, any leftover materials shall be the property of Upgryd and shall be picked up by Upgryd upon completion of the project.

Prior to Upgryd Starting Work Customer is responsible to remove any and all personal or household items on under or around the working area(s) in addition, the customer must keep the work area free of people, pets and personal or household items that could interfere with the Upgryd's crew during the entire duration of this job. Customer will reimburse any fines or fees that are incurred by Upgryd due to the purchasers' gross negligence or willful misconduct.

In submitting this proposal it is assumed that there is no underlying rock on the property, which will necessitate drilling or blasting, or any other unusual conditions, involving extra labor in the construction of deck projects. Should any of the above conditions be encountered or should the customer make any change after shipment is made, an additional charge will be made covering the additional material and labor required for such work.

All permits, permissions and/or variances required for the completion of this contract shall be obtained and paid for by the purchaser and the purchaser agrees to indemnify Upgryd and hold it harmless against and in respect to any claims or actions as a result of failure to obtain the aforementioned permits, permissions or variances. Customer will reimburse any fines or fees that are incurred by Upgryd due to the purchasers' gross negligence or willful misconduct.

Purchaser agrees to notify Upgryd at least 24 hours prior to installation date, should the installation need to be postponed for any reason. Contracts including installation are based on the condition that the entire work shall be completed without interruption by the purchaser. If the work is interrupted by the Customer for any reason Upgryd shall not be responsible.

No changes shall be allowed by Upgryd without an extra charge to purchaser, unless the change requested be of a character that would not involve additional labor or change quantity of material covered in the original contract, and unless such request be made before shipment or manufacture of the material, special order items cannot be canceled.

Upgryd is not held responsible for delays or inability to perform work because of inclement weather, strikes, fires, delays in transportation or materials to or from its factory to purchaser, or any other causes that are beyond their control. Since installation dates are flexible, the purchaser is responsible for confirming final installation date.

Upgryd is not responsible for damage to existing underlying structures, sprinklers, drains or utilities not clearly located by property owner or any utility company.

If contract is canceled prior to delivery of material or any materials are returned, Upgryd shall be entitled to retain 25% of the contract price as liquidated damages. After delivery or manufacture of materials, contract cannot be canceled. If payment has not been made as per contract, purchaser agrees to pay reasonable attorney's fees if contract is turned over to an attorney for collection.

Balance of contract to be paid by CASH OR CERTIFIED CHECK to installers at time of completion. Any unsettled accounts are subject to a penalty of 1 1/2 % per month or 18% per annum on the outstanding balance and any and all express or implied warranties shall be void until the outstanding balance is paid in full.

Purchaser agrees in signing this contract to allow Upgryd to have any checks issued to them cleared and verified through its bank. A returned check fee of $50 will be charged on all returned checks.

This contract constitutes the entire agreement between the parties and supersedes all prior oral negotiations, correspondence and other documents shall not be in any respect altered, amended or revised except by a written memorandum signed on behalf of the contractor and purchaser. This contract shall be governed by and interpreted in accordance with the laws of the State of New Jersey. In the event of a dispute arising under this Agreement, the Superior Court of the State of New Jersey venued in Passaic County and the United States District Court for the District of New Jersey venued in Trenton shall have co-exclusive jurisdiction to resolve such a dispute. The parties hereto submit to the exclusive jurisdiction of such Courts and waive their respective right to a trial by jury.

Customer agreed to indemnify, defend and hold Upgryd harmless from damages to masonry or deck products while installing new products. Although Upgryd will make every effort as not to damage existing masonry or deck products, it is impossible to determine underlying problems due to either improperly installed or aging masonry or deck products. Customer also acknowledges that the integrity of products installed is only as secure as customers’ existing masonry or deck frame and agrees to hold Upgryd harmless from any action or failure of products caused by customers' masonry or deck frame product.

Upgryd must have access to electricity and outside water supply.

In the event of any dispute between the parties, the parties agree to attempt to resolve the dispute in good faith through a face-to-face meeting. In the event of any dispute which the parties cannot resolve after face-to-face good-faith discussions, the parties agree to participate in non-binding mediation within fourteen (14) days after written demand for mediation by either party, prior to filing any litigation or filing any complaints with any governmental agency or any other entity. The non-requesting party will choose the mediator and will notify the requesting party of the mediator within seven (7) days of demand. The parties will share the costs of the mediation equally. If either party files any litigation or action with any governmental agency or any other entity prior to participating in mediation, then that party will pay all costs incurred, including legal fees, in having the matter dismissed or stayed pending mediation or for the other party having to respond to or defend against such complaint or action.

Terms and Conditions of Sale   YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE FIFTH BUSINESS DAY OR 7TH BUSINESS DAY IF YOU 65 OR OLDER AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED.