TMII ENTERPRISES, LLC (dba A1 GARAGE DOOR SERVICE) TERMS AND CONDITIONS OF SALE

Offer, Governing Provisions, Cancellation, and Agreement to Arbitrate and Class Action Waiver.

This document is an offer or counter-offer by TMII Enterprises, LLC, a Delaware limited liability company with a place of business at 3254 E. Broadway Road, Phoenix, Arizona 85040 (dba A1 Garage Door Service) (“A1” or “seller”) to sell the products and parts (collectively, the “Products”) and/or perform the services (the “Services”) described in the accompanying document provided by A1 to the customer (“Customer”, “you” or “Buyer”) herewith in accordance with these terms and conditions (collectively, the “Agreement”) and is expressly conditioned upon Customer’s assent to the Agreement. This Agreement also applies to your use of our website.

Customer agrees that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in the Agreement, the laws of the State of Arizona, without regard to principles of conflict of laws, will govern the Agreement and any claim or dispute that has arisen or may arise between Customer and A1.

1. Cancellation Policy

• No completed repair or maintenance transaction that was requested and/or authorized by Customer may be cancelled or altered by Customer.
• Cancellation terms for the Worry Free Club are found in the Worry Free Club Membership agreement.
• No New Door Order (as defined in Section 11(A) below) may be cancelled or altered by Customer after three business days, except upon such terms and conditions as are acceptable to A1 in writing.

2. Arizona Registrar of Contractors Notice

If the Services are performed in Arizona, you hereby acknowledge that you understand that you have the right to file a written complaint with the registrar of contractors for the State of Arizona for an alleged violation of section 32-1154, subsection A and the complaints must be set up within the applicable time period as set forth in section 32-1155, subsection A. The Arizona Registrar of Contractors office is 1700 W. Washington Street, St 105 Phoenix, AZ 85007-2812. Their phone number is 602-542-1525 or 877-692-9762. Fax is 602-542-1599. Roc.az.gov is their website.

3. Agreement to Arbitrate and Class Action Waiver

Customer and A1 each agree that any and all disputes or claims that have arisen or may arise between Customer and A1, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Prohibition of Class and Representative Actions

Customer and A1 agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both Customer and A1 agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding.

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. Any arbitration will be administered by the American Arbitration Association (referred to as the “AAA”). For all claims in which the value of the relief sought is $10,000 U.S. dollars or less, the AAA’s Consumer Arbitration Rules, as modified by this arbitration agreement, shall apply without exception.

Costs of Arbitration

Payment of all AAA or arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this arbitration agreement. If the value of the relief sought is $10,000 or less, at Customer’s request, A1 will pay all AAA or arbitrator fees associated with the arbitration.

Opt-Out Procedure

If Customer is a new A1 customer, Customer can choose to reject this arbitration agreement by mailing to A1 a written and hand-signed opt-out notice listing Customer’s full name, address, phone number, and email address. The opt-out notice must be postmarked no later than 30 days after the date Customer accepts this Agreement for the first time. Customer must mail the opt-out notice to TMII Enterprises, LLC (dba A1 Garage Door Service), 3254 E. Broadway Road, Phoenix, Arizona 85040.

4. Credit Approval; Payment Terms

Subject to Sections 11(A) and (B), as applicable, payment is due upon Customer’s receipt of A1’s invoice following shipment or performance, subject to A1’s approval of Customer’s credit, in A1’s discretion; if such approval is withheld, payment will be due in advance of A1’s performance. Interest will be charged at the lesser of (i) 18% per year, or (ii) the highest rate permitted by applicable law, on accounts more than 30 calendar days past due. If Customer makes any payment required by the Agreement that is returned dishonored or unpaid (referred to herein as a “Failed Payment”), A1 may charge Customer a processing fee of the lesser of $15 or the maximum amount permitted by applicable law for each Failed Payment.

5. Prices, Taxes and Other Charges

Unless otherwise provided in the Agreement, prices shall be as quoted by A1. Any manufacturer’s tax, occupation tax, use tax, sales tax, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between A1 and Customer will be paid by Customer in addition to the prices quoted or invoiced.

6. Delivery, Performance

Delivery of Products to the carrier will constitute delivery to Customer, and Customer will bear all risk of loss or damage in transit. All delivery dates are approximate. Customer shall provide such access to Customer’s premises as may reasonably be requested by A1 for the purposes of performing the Services.

7. Force Majeure

A1 shall be excused from, and shall not have any liability for, any delay in delivery, delay in performance, non-delivery, or other failure to perform any of its obligations under this Agreement where A1’s delay, non-delivery, or failure to perform is caused, in whole or in part, by a Force Majeure Event (conditions beyond reasonable control of A1, including weather, pandemics, shortages, etc.).

8. Changes

A1 may at any time make such changes in process of Services and design in Products, components or parts as A1 deems appropriate, without notice to Customer.

9. Warranties

A copy of A1’s Limited Product Warranty for each Product is attached hereto as Exhibit B. A copy of A1’s Services Warranty for the performance of Services is attached hereto as Exhibit C.

10. Customer's Indemnity

Customer shall indemnify, defend and hold harmless A1 and its officers, agents, and employees from and against any and all claims, losses, damages, liabilities, costs and expenses that may arise out of Customer’s acts or omissions, including, but not limited to: (a) any breach by Customer of the Agreement; (b) any violation by Customer of any law, rule, or regulation; (c) any misuse of the Products by Customer; and/or (d) any negligence or willful misconduct of Customer.

11. New Garage Doors

This Section 11 shall only apply if Customer purchases a new garage door from A1.

A. New Door Orders

Customer acknowledges that any purchase of a new garage door from A1 (a “New Door Order”) is a special order or custom-order, because each new garage door is tailored to the Customer’s particular needs.

B. Nonrefundable Deposit for New Door Orders

If Customer purchases a new garage door by placing a New Door Order with A1, Customer shall pay to A1 a deposit of 50% of the invoice price of the new garage door and associated services. Customer acknowledges that this deposit is nonrefundable, except to the extent Customer timely cancels the New Door Order pursuant to Buyer’s Right to Cancel in Section 1 and Exhibit A of this Agreement. If the Customer cancels a New Door Order more than three business days after the date the New Door Order is placed, A1 shall be entitled to retain the full nonrefundable deposit.

C. Garage Door Dimensions & Cleared Premises

Unless A1 is to perform framing Services or Customer provides at least 24-hours’ prior notice, if Customer’s finished garage door opening dimensions do not match those provided by A1, Customer shall pay A1 actual costs incurred. Prior to installation, Customer shall sufficiently clear space around Customer’s garage and motor (at least 12 feet).

12. Privacy & Electronic Contracting

Please review A1’s Privacy Notice, found at https://a1garage.com/privacy/. Customer hereby agrees and consents to sign this Agreement electronically and confirms they have a valid email address.

Updated November 2025