Terms and Conditions
Effective Date: February 3rd, 2024
STANDARD TERMS AND CONDITIONS
Queen City Yard Art (the “Company”)
Charlotte, NC 28210
1. Definitions.
(a) The “Company” is the sole proprietorship, corporation or limited liability
company identified above.
(b) The “Customer” is the person or organization identified as such on the Order.
(c) “Installation” means the delivery and setting up of the yard cards on the Site.
(d) The “Installation Date” is the date identified as such on the Order.
(e) The “Installation Window” is the twelve (12) hour period beginning at 9:00pm
on the day before the Installation Date and ending at 9:00am on the Installation
Date. (f) The “Order” includes each and every order placed by the Customer with
the Company for the installation and rental of yard cards for any occasion or
purpose, unless expressly made not subject to these terms and conditions,
whether in verbal, written, electronic, or a combination of forms.
(g) The “Pickup Window” is the day after the installation window unless the
customer has selected and paid for an additional day rental.
(h) The “Site” is the physical location identified for the yard card installation on
the Order.
2. The Company’s Responsibilities. The Company will ensure that:
(a) Installation is completed during the Installation Window; and
(b) Pickup is completed during the Pickup Window.
3. The Customer’s Responsibilities. The Customer will ensure that:
(a) Payment in full is made according to the terms shown on the Order;
(b) A responsible adult is continuously present at the Site and aware of the
Installation during the Installation Window;
(c) All information necessary to access the Site has been provided to the
Company prior to the Installation Date
(d) The Site is clean (e.g., from animal waste) during the Installation Window and
the Pickup Window;
(e) All pets are kept within an enclosure or otherwise restrained during the
Installation Window and the Pickup Window;
(f) No one attaches or attempts to attach a balloon or any other object to the yard
cards other than the Company;
(g) No one moves or attempts to move the yard cards other than the Company;
(h) All landscapers and similar contractors are instructed not to perform any work
in the vicinity of the yard cards;
(i) The Installation will not violate any applicable laws, ordinances, or restrictive
covenants applicable to the Site; and
(j) The Company is notified of any Installation errors by 12:00 noon on the day of
Installation.
4. Photography Consent. The Customer hereby authorizes the Company to
photograph the yard cards after Installation and to use such photographs for any
lawful purpose so long as no location information such as the Customer’s street
address is displayed in connection therewith.
5. Indemnification. The Customer agrees to indemnify the Company, and its
successors and assigns, against all claims, demands, costs or expenses
(including reasonable attorney's fees) arising out of the inaccuracy or breach of
any of the Customer’s responsibilities under this Agreement.
6. Inclement Weather. If the Company is unable to complete the Installation as
scheduled due to inclement weather or other unsafe conditions, the Customer
will have the option to choose between a delayed Installation or a full refund.
7. Damage. The Customer shall be responsible for any damage occurring to the
Yard Cards while installed on the Site, as well as for any damage arising from
any negligence of the Customer, its tenants, guests, agents or invitees. In
connection therewith, the Customer hereby authorizes the Company to charge
the payment method identified on the Order for such damage.
8. DISCLAIMER OF WARRANTIES. THE COMPANY MAKES NO WARRANTIES
INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS,
EITHER EXPRESS OR IMPLIED, WITH RESPECT TO INSTALLATION OR THE
YARD CARDS THEMSELVES
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY OR ITS
SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES OR LICENSORS BE LIABLE UNDER THIS AGREEMENT FOR
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, STATUTORY,
PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION,
LOST PROFITS, LOST SAVINGS AND LOST REVENUES, LOSS OF USE,
LOSS OF TIME, SHUTDOWN OR SLOWDOWN COSTS, INCONVENIENCE,
LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR
REPUTATION, OR OTHER ECONOMIC LOSS, REGARDLESS OF WHETHER
SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN
REASONABLY FORESEEN.
10. Cancellation.
(a) By Customer. The Customer may cancel the Installation and receive a full
refund upon written notice delivered not less than seven (7) days prior to the
Installation.
(b) By Company. The Company may cancel the Installation for any reason upon
written notice delivered not less than seventy-two (72) hours prior to the
Installation; in such event, the Customer shall be entitled to a full refund. The
Company may also cancel the Installation at any time, and without prior notice,
for the Customer’s breach of its responsibilities under Section 3.
(c) Notice of Cancellation. For purposes of this section only, written notice may
be delivered by electronic mail properly addressed to the Company or to the
Customer at the electronic mail addresses stated in the Order.
11. Miscellaneous.
(a) Amendment. No change, modification, amendment, or addition of or to this
Agreement shall be valid unless in writing and signed by authorized
representatives of the Parties.
(b) Assignment. Neither party may assign this Agreement without the prior written
consent of the other party.
(c) Attorney Fees. In any dispute arising out of or concerning this Agreement, the
prevailing party shall be entitled to an award of reasonable attorney fees.
(d) Choice of Law and Forum. Any and all matters of dispute between the parties
to this Agreement shall be governed by the laws of the state in which the
Company’s headquarters is located. Any lawsuit arising from or related to this
Agreement shall be filed only in the federal or state courts located in the same
judicial district as the the Company’s headquarters. THE PARTIES FURTHER
AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE
ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM,
COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS
AGREEMENT.
(e) Entire Agreement. This Agreement contains the final and entire agreement of
the parties and supersedes all previous and contemporaneous verbal or written
negotiations, understandings, or agreements regarding the Agreement’s subject
matter. The parties also intend that this complete, exclusive, and fully integrated
statement of their agreement may not be supplemented or explained by any
evidence of trade usage or course of dealing.
(f) Notice. Any notice or communication required or permitted to be given
hereunder may be delivered by U.S. Mail (registered or certified only), return
receipt requested, to the addresses stated in the Purchase Order.
(g) Relationship of the Parties. The relationship of the Parties hereto is that of
independent contractors.
(h) Severability. If any part of this Agreement shall be held to be invalid or
unenforceable in any jurisdiction in which this Agreement is being performed, the
remainder of this Agreement shall be valid and enforceable and the parties shall
negotiate, in good faith, a substitute, valid and enforceable provision which most
nearly effects the parties’ intent in entering into this Agreement.
(i) Survival. The provisions of this Agreement relating to indemnification,
exclusions and limitations of damages and liability, payment, warranty and
representations, and exclusions of warranty shall survive any expiration or
termination of this Agreement for any reason for two (2) years.
(j) Third Party Beneficiaries. This Agreement is not made for the benefit of any
person or entity other than the parties signing this Agreement