No Agency. The Dealer named on the face of this
Order is NOT on agent of Seller for any purpose except receipt of the Deposit.
No representation or agreement by the Dealer is binding on Seller.
Rejection of Order and Cancellation of Contract. Seller reserves the right, at any time before installation of the Unit, to reject this Order or cancel this contract by notice in writing to Buyer. Upon giving such notice, Seller will refund any deposit received from Buyer. Buyer agrees that such refund shall be Buyer's exclusive remedy for such cancellation.
Legal Authority for Installation. Before installation of the Unit, Buyer shall obtain every permit or other authorization required for lawful erection of the Unit on the site designated by Buyer. If Buyer fails to obtain any such required permit or authorization: (i) such failure voids any and all warranties otherwise applicable to the Unit, and (ii) Buyer shall indemnify and hold Seller harmless for all damages or costs, including attorney fees, which Seller may incur as a result thereof. Seller will install the Unit on the site designated by Buyer upon the property upon the property specified attorney fees, which Seller may incur as a result thereof. Seller will install the unit on the site designated by Buyer upon the property specified on the face hereof; BUT, if Seller delivers the unassembled Unit and installation is not completed due to Buyer's breach by failure to obtain any required permit or my failure adequately to prepare the site, including location of underground utilities, Seller may, in its sole discretion terminate this contract and retain Buyer's deposit as liquidated damage for Buyer's breach.
Site Preparation. Before delivery, Buyer shall designate a site on the property identified as the Location on the face hereof and prepare such site for installation of the Unit., which preparation shall include making the site level, removing all electrical wire less than 10 feet above the intended height of the Unit, removing all underground utilities below the site, and any other improvement reasonably necessary. If Seller determines that the site is not prepared or suitable for installation, Seller may, at its option, terminate this contact or made such further improvements as may be reasonably necessary. If Seller makes further improvements to the site, Buyer agrees to pay the reasonable cost thereof upon completions.
Scheduling Delivery and Installation. Seller will make good faith effort to deliver and install the Unit within 60 days after Seller's acceptance of this Contract, and will notify Buyer at least 24 hours before delivery, Buyer may, by written notice received by Seller not more than 7 days after Seller's acceptance hereon, delay the delivery and installation for up to 60 days. In no event will Seller be liable for any damage or consequential damages resulting from any delay in delivery or installation of the Unit.
Change Orders. No change in the Unit or its specifications is binding on Seller unless requested by Buyer's written change order and approved in writing by Seller. Any change requested by Buyers constitutes the Buyer's consent to resulting changes in the price.
Limited Warranty. As to all Units, Seller warrants that its installation of the Unit will be free of defects in workmanship. As to 12-guage Units and 12-guage Certified Units only, Seller warrants the framing elements and roofing material only against rust-through for twenty (20) years from installation, assuming normal user care and maintenance. As to 12-guage and / or 14- gauge Certified Units only, Seller warrants that, for twenty (20) years from installation, assuming normal user care and maintenance, the Unit will withstand the wind and snow loads specified on the engineer-certified drawing of the Unit furnished at the time of installation. Any alteration or abuse of the Unit shall void all such limited warranties. SELLER'S LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT, AT SELLER'S OPTION, OF THE UNIT. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY STATED HEREIN. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TOA NY OTHER PROPERTY.
Payment terms. Buyer agrees to pay the Price,
including any increase for any Change Order, in full at the time of
installation. If any payment tendered by Buyer is dishonored for any reason,
Buyer agrees that e h balance due shall thereafter bear interest at one and
one-half percent (1.5%) per month. If Seller refers collection hereunder to an
attorney, Buyer agrees to pay Seller's reasonable attorney fees and expenses.
Check policy. If your check is returned NSF it will be re-presented electronically and you will be assessed a processing fee as allowed by law, which is no less than $20. The check writer is also responsible for all other collection costs including attorney's fees., court costs and taxes as well as any other amounts allowed by law.
Miscellaneous. This Agreement is governed by the laws of which state the order was accepted in. The term Buyer, as used herein, includes said persons named on the face hereof, their heirs, successors and assigns, and shall include singular, masculine, feminine or neuter as required by the context. This Agreement, including only the face and reverse hereof and an engineer-certified drawing of the Unit. if such drawing is furnished by Seller constitutes the complete agreement of the parties, and all prior descriptions, representations, negotiations or agreements are merged herein and superseded hereby.