|
n.
<br />m
<br />m
<br />m
<br />CL
<br />Cr
<br />0
<br />0
<br />.A
<br />N
<br />0
<br />N
<br />.p
<br />.A
<br />3
<br />n
<br />--I
<br />Old Hickory Sheds, LLC - Additional Terms, Conditions, and Warranties
<br />Please send along with work order, order sheet, and drawing sheet on all custom orders - Reference #: DIS6U4WKDZ
<br />Sales Lot Precision Window Tinting Date 04/04/2024
<br />Customer Name
<br />Bldg Type/Size 8' Utility (8' Walls) 10x12
<br />Additional Terms, Conditions and Warranties
<br />1. SALE IS NOT FINAL. This Agreement is subject to approval and execution by Old Hickory's corporate office. Old Hickory has the
<br />right to refuse any sale up until the time when the building is set up at customer's location. Old Hickory shall have the right to correct
<br />any errors in this Agreement concerning pricing or taxes.
<br />2. LIMITED WARRANTY. Customer will receive a limited five-year warranty. The details of this warranty can be found online at .
<br />Customer acknowledges that Customer has been provided a copy of this warranty or have had adequate time to review this warranty
<br />online. Discounted Buildings do not carry a warranty on cosmetic issues.
<br />3. DELIVERY AND SETUP. Old Hickory strives to deliver all buildings in a timely manner consistent with our customers' expectations;
<br />however, Old Hickory does not guarantee dates or times of delivery. Customer expressly understands that inclement weather, vehicle
<br />problems, difficulties at other delivery locations, and/or other unforeseen circumstances can affect the date and time of delivery. Old
<br />Hickory is not responsible for any of Customer's lost work time associated with any delays or rescheduled deliveries. Customer
<br />represents that the delivery location will be accessible by a truck and trailer. It is the Customer's responsibility to decide if ground
<br />conditions are unsuitable or too wet for delivery. Customer is responsible for informing the delivery driver of any utility hazards or any
<br />other relevant matter prior to commencement of setup.
<br />4. LIMITATIONS. Old Hickory is not responsible for permits, snow/wind load requirements, covenant searches, restrictions, setbacks,
<br />yard damage, or underground damage. Please contact your local building inspector and/or homeowner's association for information on
<br />requirements and restrictions. Customer shall be solely responsible for and shall obtain any necessary permits PRIOR TO installation.
<br />Customer agrees to indemnify and hold harmless Old Hickory and its independent contractor delivery drivers for any yard damage done
<br />during installations and/or any violation of any government ordinance or code resulting from the installation of any Old Hickory product
<br />at Customer's location. Customer releases Old Hickory and its independent contractor delivery drivers from any claims for punitive,
<br />indirect, incidental, special, or consequential damages.
<br />5. PAYMENT. Drivers do not take credit cards. All balances due must be paid by cash or check on delivery. Balance due paid by credit
<br />card must be paid prior to delivery. Credit card price Is 3% higher than discounted cash price listed on the work order. In the event
<br />building is not paid for before or on delivery, driver will not leave building and additional trip charges will be incurred. If delivery has not
<br />been made within 90 days, cash customers must pay balance due, rental customers must pay the rent due or other amounts as
<br />required by the rental purchase agreement, or the order is subject to cancellation and cancellation fee will be charged. All amounts not
<br />paid at delivery will be considered past due. On cash sales, customer may choose option to postpone construction start date and
<br />extend requirement to pay within 90 days for an additional 10% non-refundable fee paid at the time of sale. If customer chooses to
<br />postpone construction start date, the customer still must pay the balance due within 90 days of construction completion regardless of
<br />whether building is delivered.
<br />6. CANCELLATIONS AND REFUNDS. If Customer is dissatisfied with the Old Hickory product upon acceptance of delivery by
<br />Customer or Customer's authorized agent, Customer's sole recourse is to file a warranty claim.
<br />7. LATE PAYMENT, COSTS OF COLLECTION, AND RETRIEVAL. Unless otherwise prohibited by state law, if Old Hickory must
<br />engage in any effort to secure payment or otherwise seek to compel Customer to fulfill any of Customer's obligations under this
<br />Agreement, Customer agrees to reimburse Old Hickory for any and all reasonable attorney fees, costs, and other expenses. For cash
<br />sales, Old Hickory may charge a monthly late fee equal to 10% of the amount due or the maximum amount allowed by law. FOR CASH
<br />SALES, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT A FAILURE TO PAY ALL AMOUNTS DUE ENTITLES
<br />OLD HICKORY THE RIGHT TO RETRIEVE THE OLD HICKORY PRODUCT AND CUSTOMER FURTHER WAIVES ANY AND ALL
<br />RIGHTS AND/OR CLAIMS FOR REFUND FOR ANY PAYMENTS MADE PRIOR TO SUCH RETRIEVAL UNLESS THE PAYMENTS
<br />MADE EXCEED THE DEPOSIT PLUS EXPENSES INCURRED BY OLD HICKORY IN RETRIEVING THE OLD HICKORY PRODUCT.
<br />8. REPRESENTATIONS AND WARRANTIES. Customer hereby represents and warrants to Old Hickory, that Customer is the owner,
<br />or an authorized agent of the owner, of the property on which the Old Hickory product is to be delivered and set up.
<br />9. SEVERABILITY; APPLICABLE LAW AND VENUE; CLASS ACTION WAIVER. If any provision of this Agreement is invalid, illegal,
<br />or incapable of being enforced by reason of any rule of law, public policy, or otherwise, any remaining provisions of this Agreement
<br />shall nevertheless remain in full force and effect. Unless otherwise prohibited by state law, this Agreement will be governed and
<br />construed by the laws of the State of Tennessee, without giving effect to its choice of law principles, and Customer agrees that any
<br />legal action arising out of this Agreement instituted by Customer will be brought, and consents to the jurisdiction and venue in,
<br />Rutherford County, Tennessee. Customer specifically agrees that any claims arising out of or relating to this Agreement must be
<br />brought by Customer in an individual capacity and expressly waives any right or option for Customer to bring any claim related in any
<br />way to this Agreement as a plaintiff or class member in any representative action.
<br />10. ELECTRONIC NOTICE; CONSENT TO USE INFORMATION. Customer and Old Hickory have agreed to conduct all and/or
<br />portions of this transaction by electronic means, including, but not limited to, acceptance by Customer of any revisions regarding errors
<br />in pricing or taxes. Customer consents to Old Hickory's use of any information disclosed by Customer for the purposes of completing
<br />the transactions contemplated in this document, for providing any ongoing support and services, and otherwise in accordance with Old
<br />Hickory's privacy policy. Such consent includes the disclosure of such information to third parties which is reasonably necessary for
<br />such purposes. Customer may request a copy of Old Hickory's privacy policies and practices through the above contact information.
<br />Customer agrees to be bound by the terms, conditions, and warranties set forth herein and expressly acknowledges that there are no
<br />agreements of any type or kind other than those set forth herein.
<br />QUOTE ONLY - NOT AN ORDER. PRICES SUBJECT TO CHANGE.
<br />
|