1. Under this contract, the customer requests that Sears order an authorized independent contractor to, itself or through one or more subcontractors, perform the installation or assembly that is the object of this contract. Upon completion of the installation or assembly, the contractor will arrange for the customer to sign a certificate indicating that the materials have been installed or assembled to the customer’s satisfaction and in accordance with this contract.
2. Efforts will be made to keep the installation or assembly appointment time but sometimes unforeseen delays occur and the installation or assembly may need to be rescheduled. The customer agrees that Sears is not responsible for delays in delivery, installation or assembly due to unavailability of materials, weather, fire, labour disputes, governmental regulations or any other cause beyond its control.
3. If the installation or assembly cannot take place because of physical barriers or because of legal constraints, Sears may cancel this contract and, if applicable, return any money collected.
4. Unless indicated otherwise, the specifications set out on the first page are based on an understanding that there are no legal constraints that would affect the installation or assembly. If the installer or assembler determines that the installation or assembly cannot take place or continue substantially in accordance with the specifications set out on the first page because of factors such as Building Code, local by-law requirements or any requirements of a landlord or multi-residential (e.g., condominium) governing association, then Sears will propose the changes that may be required to this contract, including any change to the price. Following receipt of such proposed changes, the customer will have the following two options: (i) agree to the changes, including any change in price; or (ii) refuse to agree to the changes and cancel the contract with no cost or penalty or any other obligation, and, if applicable, Sears will return any money it has collected under the contract.
5. Unless indicated otherwise, the specifications set out on the first page are based on an understanding that there is no concealed damage or structural weakness to the premises or physical constraints that would affect the installation or assembly. If such conditions are discovered during the installation or assembly, and the installer or assembler determines that the installation or assembly cannot take place or continue substantially in accordance with the specifications set out on the first page, then Sears will propose the changes that may be required to this contract, including any change to the price. Following receipt of such proposed changes, the customer will have the following two options:(i) agree to the changes, including any change in price; or (ii) refuse to agree to the changes, cancel the contract and compensate Sears for the work and any installation or assembly already completed (if applicable, Sears will credit any money it has collected).
6. SEARS INSTALLATION AND ASSEMBLY WARRANTY: In addition to any warranty extended on installed or assembled items (which warranty becomes effective the date the items are installed or assembled), should the workmanship of any installation or assembly arranged by Sears prove faulty within one year of the service, Sears will, upon notice from the customer, cause such faults to be corrected at no additional cost to the customer. Warranty may be transferred to subsequent owner.