Terms and Conditions of the Measure with ConfidenceTM Program
The Measure with ConfidenceTM Program (the “Program”) is an optional program offered by Northern Contours Inc. (“Northern Contours”, “We” or “Our”) to Front + Center customers to provide certain replacement benefits if a Customer measures or calculates the size of a door or drawer front incorrectly and we recommend replacing the item because of this mismeasurement. If a Customer opts into this Program and pays the upfront program fee when placing the original order, we will provide the Customer with certain benefits that are in addition to our Limited Warranty. The Program is provided exclusively pursuant to these terms and conditions. The Program will provide the Customer the ability to replace product as follows: (i) for an upfront program fee of $100, up to $1,000 towards replacement costs; (ii) for an upfront program fee of $200, up to $2,000 towards replacement cost; and (iii) for an upfront program fee of $400, up to $4,000 towards replacement costs. All benefits contribute to replacement costs and otherwise have no cash value. Benefits may only be applied to replacement products that are substantially similar to the original products ordered.
Benefits under this Program do not apply if a Customer intentionally provides incorrect measurements or if a Customer fails to use reasonable care when taking measurements. Any claim under the Program must be submitted to us within ninety (90) days of the original receipt by the Customer of the products to which the claim relates. We reserve the right to determine applicable benefits available under the Program in our sole discretion. Customers are required to offer reasonable cooperation in the processing of a claim under the Program and failure to cooperate can result in the denial of a claim.
The Program is only available at the time a Customer places the original order with us and only applies to the order in which it is purchased. The Program does not cover mistakes or damages arising out of drilling errors or modifications of products performed by a Customer without our prior approval. Participation in the Program is limited to do-it-yourself customers. Registered Front+Center PROs are not eligible to participate in the Program. The Program is intended to provide benefit to a Customer when a mismeasurement causes our products to materially fail to provide the intended benefit to that Customer. The Program does not cover minor errors that, in our opinion, do not materially affect the Customer’s use of our product. The Program does not cover damages that arise during installation, handling, or shipping. The Program does not cover errors regarding the alignment of drawer fronts on drawers.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND NORTHERN CONTOURS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
IT IS UNDERSTOOD AND AGREED BY BOTH PARTIES THAT NORTHERN CONTOURS SHALL NOT BE LIABLE WHETHER IN CONTRACT, TORT UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES SUCH AS THE COST OF EXTRANEOUS MATERIALS, LABOR FOR INSTALLATION, REMOVAL OR REPLACEMENT, TRAVEL COSTS, OR OTHER RELATED EXPENDITURES. ANY CLAIMS AGAINST NORTHERN CONTOURS FOR DIRECT DAMAGES SHALL NOT EXCEED THE PURCHASE PRICE PAID BY PURCHASER TO NORTHERN CONTOURS FOR THE MEASURE WITH CONFIDENCE™ ASSURANCE PROGRAM. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY THE PURCHASER MORE THAN FIVE (5) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED.
The Program gives you specific legal rights, and you may also have other rights which vary from state to state. If any provision in the Program is deemed to be unenforceable, the remainder of the provisions shall remain in full force and effect.