PURCHASD AGREEMENT & TERMS
No Agency. The Dealer named on the face of this Order is NOT an 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 locate and mark any underground utilities and obtain every pem1it or other authorization required for lawful erection of the Unit on that certain site (the "Site") designated by Buyer upon the prope1ty specified on the face hereof. 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; 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 by any other failure adequately to prepare the site, Seller may, in its sole discretion, tem1inate 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 15 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 contract or make 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 completion.
Scheduling Delivery and Installation. Seller will make a 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 Buyer 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, but Buyer must notify Seller of any such defect within thirty (30) days after installation. As to 12-gauge Units and 12-gauge Certified Units only, which may contain some 14-guage non-loadbearing elements, 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-gauge and 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.
SELLERS’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 TO ANY OTHER PROPERTY.
Payment Terms & Miscellaneous. 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 the 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. This Agreement is governed by the laws of North Carolina. No civil action or other legal proceeding arising under this Agreement or related the Unit shall be brought against Seller other than in a court of general jurisdiction in the State of North Carolina or more than one (1) year after Buyer knew or should have known of the basis of the claim. The term "Buyer" includes persons named as such 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 famished by Seller, constitutes the complete agreement of the parties , and all prior descriptions, representations, negotiations or agreements are merged herein and superseded hereby.