Please inform installers of any underground cables, gas lines, or any other utility lines. If utilities are not marked, we will not beliable for damage. We will not be responsible for permits or restrictions. LOT MUST BELEVELOR UNIT WILL BE INSTALLED "ASIS" ON LOT. If land is not level or additions are to be made to carport, a service charge and any additional material costs or additional labor will be added to the balance. Direct Metal Buildings WILL ABSOLUTELY NOT BE RESPONSIBLE FOR REFUNDS OF THE CUSTOMER'S DEPOSIT. Direct Metal Buildings IS NOT LIABLE FOR ANY DAMAGES AS A RESULT FROM INCLEMENT WEATHER. IF YOU ARE TAX EXEMPT, A TAX EXEMPT CERTIFICATE MUST BE ATTACHED TO YOUR ORIGINAL ORDER(S). OTHERWISE, APPLICABLE TAX WILL BE ADDED. NO EXCEPTIONS Our standard ground anchors are temporary only, for permanent anchors ask your Sales Representative. I have read the terms and conditions of this contract; by signing this contract, I agree to all conditions set forth herein and should I fail to make payment in full at time of delivery I understand and agree to allow the seller to pick up the carport and I will be liable for all applicable charges and fees associated with the initial set up and delivery as well as any legal fees incurred by Direct Metal Buildings or the seller. Direct Metal Buildings RESERVES THE RIGHT TO CANCEL ANY ORDERS.
**NOTE: Frame is 1ft. Shorter than roof length on horizontal metal. Dimensions of building are approximate and may vary by seller. NOTE: If you need a special drawing for your building there will be a Non-Refundable additional charge. NOTE: There is no refund on deposits on canceled orders for any reason other than cancellation by seller.
If accepted below by Direct Metal Buildings (Seller) at its office in Virginia Beach, VA this order becomes a contract between Seller and the Buyer named below as follows: subject to the terms above and SUBJECT TO THE TERMS AND CONDITIONS ON PAGE2. Seller and Buyer agree that the Seller will sell to Buyer the Metal Building (Unit) described above and install it at the address stated above and the Buyer will obtain all required permits, prepare the site for installation, purchase the Unit and pay the price as stated above.
TERMS AND CONDITIONS
Direct Metal Buildings named on the face of this Tubular Steel Building Order is NOT an agent of Seller for any purpose except receipt of the deposit. Direct Metal Buildings is an agent that matches the buyer to whom it feels is the best factory for the buyer at time of order and reserves the right to change sellers at any time. All delivery times quoted are given in good faith based on information given to them by the seller at time of order. Direct Metal Buildings cannot be responsible for refunds or costs due to delays or cancellations of sellers delivery schedule. 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. Direct Metal Buildings Reserve the right to find another seller who can fulfill the order. 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 permit or other authorization required for lawful erection of the Unit on that certain site (the"Site'') designated by Buyer upon the property 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, terminate this contract and retain Buyer's deposit as liquidated damage for Buyer's breach. Dimensions are approximate.
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 moving all electrical wireless than 50 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 Seller's acceptance of this Contract and will notify Buyer at least 24 hours before delivery. In no event will Direct Metal Buildings or Seller be liable for any damage or consequential damages resulting from any delay in delivery or installation of the Unit.
No change in the Unitor 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.
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 Virginia. 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 VA. Or more than one (1) year after Buyer knew or should have known of the basis of the legal 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 furnished by Seller, constitutes the complete agreement of the parties, and all prior descriptions, representations, negotiations or agreements are merged herein and superseded hereby.