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 the lawful erection of the Unit on 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 cost, 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 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 by failure adequately prepare the site, including the 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 15 feet above the intended height of the Unit, removing all underground utilities below the site, and any other improvement reasonably necessary. Buyer agrees calling 811 for a dig test is their sole responsibility. If Seller determines that the site is not prepared or suitable for installation, Seller may, at its option, terminate the 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. If our crews run into rock or other hard surfaces when attempting installation all additional cost are incurred by the buyer. This includes both equipment and labor.
Scheduling Delivery and Installation: Seller will make a good faith effort to deliver and install 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 the 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. 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 Buyer’s consent to resulting changes in the Price.
Payment Terms: Buyer agrees to pay the Price, including any increase for any Change Order, in full at the time of installation. Buyer agrees that any unpaid balances due after installation shall thereafter bear interest at a rate of 2% per month until such balance is paid. Buyer agrees to pay any and all expenses incurred in collecting unpaid amounts, including but not limited to attorney and court fees.
Check Policy: If your check is returned unpaid, for any reason, there will a processing fee of $30.00 The check writer is also responsible for any other reasonable cost associated with the collection of any return eta check, including attorney’s fees and court costs.
Miscellaneous: This Agreement is governed by the laws of the State of Texas and any action against Seller hereunder shall be brought only in a court of on sitting in Van Zandt County, Texas. 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 as required by the context. This Agreement, including only the face, reverse and online terms of service hereof constitutes the complete agreement and all prior descriptions, representations, negotiations or agreements are merged herein and superseded hereby.
Limited Warranty: As to all Units, Seller warrants that its installation of the Unit will be free of defects in workmanship and carry a 90-day roof water leak warranty. This Unit comes with a 10 Year rust through warranty. Any alteration or abuse of the Unit shall void such limited warranties. Seller’s liability for any warranty claim 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.
Additional terms and things you should know about the construction of your building.
The contract you sign with Texwin/Winslows is put in place to protect the Seller and the Buyer.
Pay attention to all areas of the contract, any item you wish to be part of our agreement must be on the contract, if it is not there, insist the salesperson write it in somewhere and initial it or it is not part of our agreement. If we don’t know your expectation we cant be responsible in making sure you’re getting what you planned for. We insist on providing a drawing for our representative and buyer to sign, this is just one more step to ensure your satisfaction with our company, because if we are not sure about the product you’re expecting it is not likely you will like the results. For plain talk about building a quality steel carport, contact Texwin Carports at 800 6364700.
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