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This contract includes the terms and provisions as set forth herein.
Please read and sign where indicated.
1. The standard warranty form shall apply to the service and equipment furnished (except where other purchased product warranties apply). The contract shall become effective when signed by the Seller and delivered to the Purchaser. The warranty is for one year of materials and labor.
2. The delivery date, when given, shall be deemed approximate, and performance is subject to delays caused by strikes, fires, acts of God, or other reasons not under the Seller's control, as well as the product's availability at the time of delivery.
3. The Purchaser agrees to accept delivery of the product or products when ready. The risk of loss, as to damage or destruction, shall be upon the Purchaser upon the delivery and receipt of the product.
4. The Purchaser understands that the products described are specially designed and custom built and that the Seller takes immediate steps upon execution of this Agreement to design, order, and construct those items set forth herein; therefore, this Agreement is not subject
to cancellation, by the Purchaser for any reason. Return or exchange of products is not accepted.
5. No installation, plumbing, electrical, flooring, decorating, or other construction work is to be provided unless expressly stated herein. Suppose the Seller is to perform the installation. In that case, it is understood that the price agreed upon herein does not include possible expenses entailed in coping with hidden or unknown contingencies found at the job site. Suppose such contingencies arise and the Seller is required to furnish labor or materials or perform work not provided for or contemplated by the Seller. In that case, the Purchaser will pay the costs thereof. Contingencies include but are not limited to:
. inability to reuse existing water, vent, and waste pipes;
. air shafts, ducts, grilles, louvers, and registers;
. the relocation of concealed pipes, risers, wiring, or conduits, the presence of which cannot be determined until the work has started;
. Or imperfections, rotting, or decay in the structure or parts necessitating replacement.
6. Title to the item sold according to this Agreement shall only pass to the Purchaser once the total price outlined in this Agreement is paid to the Seller.
7. Damages to products due to shipping or manufacturer defects must be made known to the Seller within 30 days of receipt of the product. Any damages will be replaced by the manufacturer and at the manufacturer's expense. Unless otherwise arranged by the manufacturer or Seller,
authorized replacement product will be shipped to Seller's location and available for Purchaser to have transported at the Purchaser's cost.
8. If any provision of this Agreement is declared invalid by any tribunal, the remaining provisions of the Agreement shall not be affected.
9. This Agreement sets forth the entire transaction between the parties and supersedes any prior Agreements, warranties, or representations made by either party. All changes in this Agreement shall be made by a separate document and executed with the same formalities. No agent of the Seller, unless authorized in writing by the Seller, has any authority to waive, alter, or enlarge this
contract, or to make any new or substituted or different contracts, representations, or warranties.
10. The Seller retains the right upon breach of this Agreement by the Purchaser to sell those items in the Seller's possession. In effecting any resale on breach of this Agreement by the Purchaser, the Seller shall be deemed to act in the capacity of agent for the Purchaser. The Purchaser shall be liable for any net deficiency on resale.
11. The Seller agrees to perform this contract in conformity with customary industry practices. The Purchaser agrees that any adjustment claim shall not be a reason or cause for failure to make payment of the purchase price in full. Any unresolved controversy or claim
arising from or under this contract shall be settled by arbitration. Judgment upon the award rendered may be entered in any court of competent jurisdiction. The arbitration shall be held under the rules of the American Arbitration Association.