The Home Depot Special Services/ Home Improvement Agreement
Definitions: "You"/"Your" means the customer purchasing the product and/or services. "Installation" means the installation services specified in this Agreement. "Installation Professional" or "Professional" means an independent contractor authorized by The Home Depot (licensed and insured as required by The Home Depot and applicable law) and the contractor's employees, agents and subcontractors. "Agreement" means this Special Services/Home Improvement Agreement between You and Home Depot U.S.A., Inc. (interchangeably referred to as "The Home Depot," "Home Depot," or "EXPO Design Center"), which includes this page, the General Terms and Conditions following this page, the State Supplement, the Invoice and Specifications and any other documents expressly made a part of this Agreement. Please see this Agreement's General Terms and Conditions for additional details.
Please note: Neither The Home Depot nor Installer are responsible for start/finish delays resulting from events beyond their control including but not limited to: Change Orders, acts of nature, governmental actions, manufacturing/delivery delays or damage to merchandise caused by third parties, labor strikes/unrest, Your credit/financing, any incorrect information You provide, legal encumbrances on Your property, Your property's nonconformance with zoning requirements or building code requirements, hidden/unforeseen physical/hazardous conditions (including but not limited to, environmental hazards such as mold, asbestos, and lead paint) at Your service address, or Your noncompliance with this Agreement. The Home Depot reserves the right to terminate this Agreement and/or require Installer to discontinue Installation given any of the foregoing conditions.
Acceptance and Authorization: By clicking below, You authorize The Home Depot to (a) arrange for Installation Professional to perform Installation and/or (b) order and arrange for the delivery of special order merchandise, including special order merchandise that may be custom made, as specified in this Agreement. You understand this Agreement constitutes the entire understanding between You and The Home Depot and may only be amended by a Change Order signed by The Home Depot (or by Installation Professional or its authorized representative on The Home Depot's behalf) and You. This Agreement expressly supersedes all prior written or verbal agreements or representations made by The Home Depot, Installation Professional, You or anyone else. Except as set forth in this Agreement, You agree there are no oral or written representations or inducements, express or implied, in any way conditioning this Agreement, and You expressly disclaim their existence. (Installation Professional's/permitting information may need to be provided to You later.) By clicking, You acknowledge that You have read, understand and accept this Agreement in its entirety. You further acknowledge receiving a complete copy. Keep it to protect Your legal rights.
Scope: This Agreement is between You and The Home Depot. Under this Agreement, The Home Depot does not perform Installation, but arranges for Professional to do so directly or through Professional's specialty subcontractors. The Home Depot does not provide, or arrange for, architectural/engineering services or structural changes to dwellings. You will not pay anything to Professional, although Professional may present this Agreement to You for Your review and signature and/or collect Your payment(s) to The Home Depot on The Home Depot's behalf. Installation will, subject to any Change Order, be completed in substantial conformance with the attached Invoice or Specifications. The State Supplement, if any, contains important additional terms, conditions, and information specific to Your state.
Special Order and Custom Made Merchandise: A description of any special order or custom made merchandise You have purchased appears in the Invoice or Specifications. The anticipated delivery date appears on the preceding page. This Agreement's provisions relating to Installation or Professional shall NOT apply to Your purchase of special order or custom made merchandise unless The Home Depot will be arranging for its installation.
Professional's Responsibilities: Professional will complete Installation in a workmanlike manner. Professional will not start, perform, alter, or finish Installation except in accordance with applicable law. Professional will either not start, or will immediately discontinue, Installation upon discovery of unforeseen hazardous conditions at Your service address. Neither The Home Depot nor Professional will attempt to remediate such conditions. Neither The Home Depot nor Professional are responsible for identifying property lines, easements, covenants, or other legal encumbrances Your service address is subject to. Neither The Home Depot nor Professional will modify security systems to accommodate Installation. Professional will obtain required permits and provide permit numbers if required.