Magnus Garage Company LLC – Terms and Conditions of Sale, Service and Use

Effective Date: September 21, 2025

These Terms and Conditions (the “Terms”) form a binding agreement between Magnus Garage Company LLC, an Arizona limited liability company with its principal place of business at 4539 N 22nd St, Unit 4906, Phoenix, AZ 85016, phone (833) 963‑3667, email support@magnusgarageco.com, website https://magnusgarageco.com (the “Company”), and the person or entity authorizing work, purchasing products or parts, or using the Company’s website or services (“you”). By signing an estimate or invoice, scheduling an appointment, approving work, paying an invoice, or using the website, you accept these Terms.

1. Offer; Acceptance; Governing Law; Arbitration and Class‑Action Waiver

These Terms govern all sales of products and parts (“Products”), the performance of installation, repair, and maintenance (“Services”), and your use of the Company’s website (the “Website”). Except to the extent preempted by federal law, these Terms are governed by the laws of the State of Arizona, without regard to conflict‑of‑law rules.

Binding Arbitration; No Class Actions. You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Products, the Services, or the Website shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs interpretation and enforcement. Claims must be brought in an individual capacity only; class, representative, consolidated, or private attorney general proceedings are not permitted.

Small‑Claims Carve‑Out. Either party may elect to have an individual claim heard in a small‑claims court of competent jurisdiction (e.g., the Small Claims Division of the Maricopa County Justice Court) so long as the claim is within that court’s jurisdictional limit (currently $5,000) and proceeds on an individual basis.

Delegation. Except for claims proceeding in small‑claims court, the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this agreement is void or voidable.

Procedures. Unless the arbitrator requires otherwise, for claims of $25,000 or less, the arbitration may be conducted based solely on written submissions and/or a telephonic or video hearing. The seat and venue of arbitration shall be Maricopa County, Arizona; the parties may appear remotely.

Opt‑Out. You may opt out of arbitration within 30 days after you first accept these Terms by mailing a signed opt‑out notice including your name, service address, phone, and email to: Arbitration Opt‑Out, Magnus Garage Company LLC, 4539 N 22nd St, Unit 4906, Phoenix, AZ 85016. Opting out does not affect other provisions. If any part of this arbitration clause (other than the class waiver) is found unenforceable, the remainder stays in effect. If the class waiver is found unenforceable in a way that would permit non‑individualized relief, that specific request for public injunctive relief may proceed in court; all other disputes remain in arbitration.

2. Quotes; Orders; Scheduling; Site Access

Written quotes are valid for 30 days unless otherwise stated. You agree to provide safe, reasonable access to the work area (generally a clear space of approximately 12 feet around the door and opener). If site conditions prevent performance or require rescheduling, the Company may assess a reasonable trip or standby fee reflecting actual direct costs.

3. Custom Orders; Right to Cancel (Custom Doors Only)

For custom‑made or special‑order doors (“Custom Orders”), a 50% deposit is due when the order is placed; the balance is due upon substantial completion/installation. You may cancel a Custom Order by midnight of the third business day after the order date. After that time, the Company may retain or charge its actual direct costs (including factory restocking, freight, fabrication, and administrative costs) up to the deposit amount and may invoice you for any excess direct costs. Your cancellation notice must be delivered, mailed, or emailed to support@magnusgarageco.com or to the mailing address above; the postmark or email timestamp controls. If goods were delivered, you must make them available at your residence in substantially the same condition; if not picked up within 20 days after your notice, you may retain or dispose of them without further obligation.

4. Payment; Credit; Late Fees; Failed Payments; Disputes; Collections

Unless otherwise stated, payment is due at completion of Services or upon delivery of Products. The Company accepts major cards and ACH; third‑party financing may be offered by separate providers. Undisputed amounts are due when invoiced; you must notify the Company of any good‑faith dispute within 15 days of invoice.

Interest accrues on overdue balances at 1.5% per month (18% APR), calculated on a simple (non‑compounding) basis after a 10‑day grace period, or at the maximum rate permitted by law, whichever is less. Returned or failed payments may incur the lesser of $25 or the maximum allowed by law. If you delay scheduling after Products are ready, the Company may invoice the percentage of completion and reasonable storage or redelivery charges. After 30 days’ written notice and an opportunity to cure, the Company may refer an account to collections and seek reasonable collection costs and attorneys’ fees as awarded by the tribunal.

5. Prices; Taxes; Fees; Collection Costs

Prices exclude sales/use taxes, permit fees, debris disposal, or other governmental charges, which you agree to pay where applicable. To the extent permitted by law, in any action arising out of contract, the prevailing party may be awarded reasonable attorneys’ fees and costs as determined by the arbitrator or court.

6. Delivery; Risk of Loss; Title

Delivery to the carrier constitutes delivery to you; risk of loss transfers upon carrier receipt. For installed Products, risk transfers upon installation. Title passes upon full payment.

7. Force Majeure

The Company is not liable for delay or non‑performance caused by events beyond its reasonable control (including severe weather, natural disasters, labor shortages or disputes, acts of God, government actions, supply chain failures, utility outages, vandalism, theft, epidemics/pandemics). Deadlines are extended by the duration of the event plus reasonable recovery time.

8. Changes; Substitutions

If a specified component becomes unavailable at a commercially reasonable price or within a reasonable time, the Company may use an equivalent or better component without materially changing performance. Any material scope change requires your approval and may affect price and schedule.

9. Warranties — Products (Pass‑Through) and Company Limited Warranty

Manufacturer Pass‑Through. The Company assigns to you any assignable manufacturer warranties applicable to the Products it supplies and installs. Copies are available upon request.

Company Limited Product Warranty (if no pass‑through applies). For 12 months from installation, Products supplied by the Company are warranted to be free from defects in materials or workmanship under normal residential use. The sole and exclusive remedy is, at the Company’s option, repair, replacement of the defective part, or refund of the price paid for the defective part.

Exclusions. This warranty does not cover: misuse, abuse, neglect, lack of maintenance, pressure washing, non‑factory paint, unauthorized modification, high‑lift or vertical‑lift conversions not specified, bottom seal shrinkage, thermal bow, cosmetic wear, environmental or atmospheric damage (including salt, chemicals, fallout), acts of God, batteries, bulbs, decorative hardware, glass scratches, or labor to remove/inspect out‑of‑warranty items.

Inspection and Cure. As a condition of warranty service, you must provide written notice within 30 days after discovery of a defect, preserve the affected product, and provide reasonable access for inspection. The Company will have a reasonable opportunity to re‑perform Services, repair or replace defective parts, or refund the price paid for the defective portion. The Company will not reimburse third‑party work or chargebacks unless it authorizes them in writing or fails to cure after reasonable notice.

Labor/Parts Clarification. Manufacturer warranties may cover parts only; labor after 30 days is billable unless expressly stated on your invoice.

10. Services Warranty — Workmanship

The Company warrants that its installation and repair Services will be performed consistent with customary industry practice. — Repairs/maintenance (non‑installation): 30‑day workmanship warranty. — New door installation: 2‑year workmanship warranty on standard packages; up to 5–10 years if expressly stated on your invoice for premium packages.

The sole and exclusive remedy is, at the Company’s option, re‑performing the Services or refunding the portion of amounts paid for the defective Services. This warranty excludes issues caused by Product defects (covered under Product warranties), misuse, lack of maintenance, unsafe site conditions, or non‑Company modifications.

11. Customer Responsibilities; Safety

You are responsible for accurate opening dimensions (unless the Company provides framing), clearing vehicles and belongings to provide safe access, maintaining the door and opener per manufacturer instructions, and providing code‑compliant electrical outlets for openers.

12. Indemnity for Misuse or Negligence

You agree to indemnify and hold the Company harmless from third‑party claims and losses arising out of your misuse of Products, your failure to maintain Products, unauthorized modifications, or unsafe site conditions.

13. Security Interest (If Sold on Credit)

If Products are sold on credit, you grant the Company a purchase‑money security interest in those Products until paid in full. The Company may file financing statements to perfect its interest.

14. E‑SIGN Disclosure and Electronic Communications

By providing your email or mobile number, clicking to sign, or executing documents electronically, you consent to transact electronically and to receive contracts, invoices, receipts, notices (including Custom Order cancellation notices), and disclosures by email or SMS. You confirm you can access and retain emails and PDF documents on your device and understand you may withdraw consent at any time by contacting support@magnusgarageco.com; withdrawal may delay service communications. You may request paper copies without charge. Typed names and clicks constitute electronic signatures.

15. SMS/Text Messaging Terms (Service Alerts and Marketing)

The Company operates two SMS programs: (a) Service & Account Alerts (operational messages such as confirmations, “on‑my‑way,” invoices/receipts) and (b) Marketing Messages (optional promotions, tips, and limited‑time offers).

Consent and Opt‑In. By checking the relevant box or otherwise affirmatively opting in, you authorize the Company to send recurring SMS messages to the mobile number you provide. Consent is not a condition of purchase. Marketing texts require a separate opt‑in from operational messages. Message frequency varies. Msg&Data rates may apply.

Help/Stop. Text HELP for assistance. Text STOP to cancel. After you send STOP, we will confirm your opt‑out by SMS and you will no longer receive messages from that program. To re‑opt in, submit a new consent form or use a provided keyword.

TCPA/CTIA. The Company’s messaging practices are intended to comply with the Telephone Consumer Protection Act (47 C.F.R. § 64.1200) and CTIA Messaging Principles. Marketing texts are sent during local hours of approximately 8:00 a.m.–9:00 p.m., and we maintain opt‑in/opt‑out records. Carriers. Major U.S. carriers are supported. Carriers are not liable for delayed or undelivered messages.

Privacy. See the Company’s Privacy Policy at https://magnusgarageco.com/privacy. The Company does not sell your mobile number and shares it only with processors necessary to deliver messages.

16. Website Terms of Use; Acceptable Use; IP; Third‑Party Links; Disclaimers

Your use of the Website is subject to these Terms. You agree not to misuse forms, scrape content, interfere with operation, circumvent security, or submit false or harmful content. Website content is provided “as is.” Third‑party links are provided for convenience; the Company does not control or endorse third‑party sites and is not responsible for their content or practices. Trademarks and logos on the Website are the property of their respective owners; you receive no license except as necessary to view the Website for its intended purpose.

17. Arizona Registrar of Contractors Notice 

Pursuant to Arizona law we are required to inform you of your right to file a written complaint with the Registrar of Contractors for an alleged violation of the Arizona Revised Statutes Section 32‑1154, Subsection A. Any complaints must be made within the applicable time period, as set forth in Section 32‑1155, Subsection A. The ROC can be contacted at (602) 542‑1525, or online at https://roc.az.gov. We request that if any portion of our work is unsatisfactory, you notify us prior to filing a complaint so we can attempt to resolve any concerns. Any complaints must be made within the applicable time period, as set forth in Section 32‑1155, Subsection A. AZ ROC License No.: 360184

18. Limitation of Liability

To the fullest extent permitted by law, the Company is not liable for incidental, special, indirect, or consequential damages. Cap. The Company’s total liability arising out of or relating to a Service shall not exceed the amounts actually paid by you for that specific Service. Annual aggregate cap: for all claims in any 12‑month period, the Company’s total liability shall not exceed the amounts you paid to the Company in that period. Carve‑outs: The foregoing does not limit liability for personal injury or death, or for fraud or willful misconduct, to the extent such limitations are prohibited by law.

19. No Assignment

You may not assign rights or delegate duties under these Terms without the Company’s prior written consent.

20. Notices; Contact

Notices to the Company should be sent to the mailing address above and to support@magnusgarageco.com. The Company may send notices to the email and/or mobile number you provide.

21. Severability; Entire Agreement; Updates

If any provision is found unenforceable, the remaining provisions remain in effect. These Terms, together with any estimate/invoice, constitute the entire agreement and supersede prior understandings regarding their subject matter. The Company may update these Terms by posting a revised version with a new effective date; continued use or acceptance of Services after the effective date constitutes acceptance of the changes.