Orange County NC Website
Purchaser agreement <br />Prices, Payment and Risk of Loss <br />a.) Prices contained in Seller’s published price lists, if any, are subject to change without notice. <br />Prices in individual written quotations or proposals are firm only for a period of (30) days from the <br />date of the quotation after which Buyer should inquire of Seller as to their validity and request a <br />written confirmation or revision. Prices do not include taxes. Buyer agrees to pay all applicable <br />sales or other taxes levied with respect to Goods (and replacements) in the Agreement, unless <br />exempt therefrom. All prices are in United States dollars. Buyer shall pay all government fees <br />levied on the installation and inspection of the Goods. Buyer shall pay upon receipt of all invoices <br />rendered by Seller for any such items Seller may pay and for the Goods. <br />b.) All buildings are planned Risk Category 1 unless requested otherwise by the customer. <br />c.) Eagle Carports, Inc. reserves the right to update or change any pricing discrepancies made <br />by dealer. <br />d.) Seller may unilaterally increase prices to cover increased costs (plus reasonable overhead and <br />profit) of design, materials, and manufacturing required by changes requested by Buyer after <br />the date of any quotation. An additional labor charge will be added to orders for buildings being <br />installed over RVs, Campers, Large Obstacles, Retaining Walls, Docks, Decks, Over Fences, etc. <br />e.) Buyer may delay the delivery and installation for up to 60 days with no price increase. After 60 <br />days the order is subject to any price increase that arises. In no event will Eagle Carports, Inc. be <br />liable for any damage or consequential damages resulting in any delay in delivery or installation <br />of the unit. Average lead times range from 2-8 weeks, once all required permits are received, <br />however this is not a guarantee. <br />f.) Customer expressly agrees that the carport/garage/barn/etc.. shall remain property of Eagle <br />Carports, Inc. until payment is made in full. <br />g.) Eagle Carports, Inc. hereby retains a purchase money security interest in said building as <br />set forth in Section 9 of the Uniform Commercial Code as enacted in the state where building <br />is being installed. Failure to pay will result in repossession of unit. This does not relieve the <br />customer from liability for specific performance of the contract including legal fees and court <br />costs, at the sellers expense. <br />h.) Balance due to be paid in FULL at time of completion of building, to Eagle Carports, Inc. <br />by Cashiers-check. Money Order, Visa, Master Card, American Express, or Discover Card. NO <br />PERSONAL CHECKS, COMPANY CHECKS OR CASH PAYMENTS will be accepted. <br />i.) Eagle Carports holds the right to make any exceptions to the above clause If payment is made <br />in check and the check is returned NSF, Buyer will be responsible for additional expenses incurred <br />by Seller as a result of the returned check. Seller reserves the right to change additional fees as <br />allowed by law for checks returned NSF. These fees include a $35 service charge. <br />j.) Eagle Carports, Inc. will not be responsible for down payment refunds. The independent dealer <br />will have this responsibility if a refund is legally due. <br />k.) Eagle Carports, Inc. reserves the right to cancel any order at anytime. <br />l.) A restock fee of 5% or $150, whichever is more, will be added for customer cancellations within <br />72 hours of installation date. Restock fees will also be applicable to unprepared and unlevel sites. <br />Delivery. Shipping and installation dated are estimated based on Seller’s present engineering <br />and manufacturing capacity and scheduling, and may be revised by Seller upon receipt or <br />scheduling of Buyer’s order. All shipping dates are approximate and shall be computed from <br />the date of entry of the order on Seller’s books. All shipping orders or acceptance, letter of <br />credit, down payment, and other conditions as specified in the Agreement, and of all drawings, <br />information and approvals necessary to provide the Goods and to grant any credit proposed <br />in the Agreement. Delivery dates may be rescheduled due to bad weather conditions, installer <br />running behind, accidents, etc. Buyer agrees to give Seller up to 3 installation attempts to deliver <br />said product. <br />Workmanship Warranty. All buildings have a 90 day workmanship warranty effective upon <br />day of installation (manufactured panels are warranted for 20 years assuming regular care and <br />maintenance, - installation workmanship is warranted for 90 days - vertical roofs are warranted <br />for 20 years). Any installation concern must be reported within 30 days beginning the date of <br />installation. Eagle Carports Inc. is not liable for any damages as a result of any inclement weather. <br />Unlevel lots, and customer modifications will void said warranty. <br />a.) Eagle Carports, Inc. strongly recommends buildings with frame lengths longer than 30 foot <br />to be vertical roofs to avoid possible leaks and or rust in between seams. Buildings purchased <br />with a frame length of 30 foot or longer that do not have vertical roofs will forfeit the 20 year <br />limited warranty on paneling except in states that allow delivery of seamless 36 foot paneling. 6” <br />overhang on front and back. Frame lengths are as follows: 21’=20’ Frame, 26’=25’ Frame, 31’=30’ <br />and so on. Cement pad to match frame length. <br />Customer Responsible for Locating Underground Utilities. <br />It is the responsibility of the customer to provide the factory approved independent contractor <br />installers with the location of any underground cables, gas lines, or other utilities. This may <br />include contacting the utility company to request that the locations of the underground utilities <br />be marked. Eagle Carports, Inc. is not responsible for any damage caused to underground <br />utilities. Customer agrees to indemnify and hold harmless Eagle Carports, Inc. from any liability <br />and costs, including attorney fees, for such damages. Customer is responsible for obtaining <br />building permits as needed for installation. <br />Warranty Disclaimer. There are no warranties which extend beyond the description on the face <br />hereof. The warranties in this agreement are in lieu of all other warranties express or implied, <br />including without limitation, any warranties of merchantability or fitness for a particular purpose, <br />which are expressly disclaimed. Buyer must have original copy of this document at time of claim. <br />Limitation on Liability. In no event will seller be liable to buyer and/or any third parties for <br />any incidental damages. Consequential damages, special damages, exemplary damages or labor <br />charges, including without limitation lost revenues and profits, even if it has been advised of the <br />possibility of such damages. Buyer must have original copy of this document at time of claim. <br />Warranty Limited to Original Purchaser. This warranty extends only to the original purchaser <br />of the product warranted by this document. Buyer must have original copy of this document at <br />time of claim. Said warranty does not extend to transferee owners of the product. <br />Exclusions and Limitations. Eagle Carports, Inc. does not warrant any products not installed <br />and anchored by a factory-approved installer utilizing a factory approved anchoring system. <br />Installation by anyone other than a factory approved installer utilizing a factory approved system <br />will VOID your warranty. Damages from improper anchoring, strong winds, snow or ice are not <br />considered defects. Eagle Carports, Inc. does not warrant or guarantee any product in snow or <br />ice to prevent collapse. Eagle Carports, Inc. does not warrant any temporary anchoring systems <br />(e.g. rebar) utilized by the customer, nor shall Eagle Carports, Inc. be in any way responsible for <br />damage caused by the use of such temporary anchoring systems. Additionally, Eagle Carports, <br />Inc. does not warrant any damages caused to product resulting from or after movement of the <br />structure from the original installation point. <br />Modification of Structure Voids Warranty. Any modification, <br />addition, deletion, substitution, etc. to the structure without express written design approval <br />by Eagle Carports, Inc. will VOID all warranties. Our products are designed and specifically <br />engineered to provide superior performance as manufactured. Any changes to the design by the <br />Buyer could compromise the structural integrity of the unit. <br />Claims Procedure. <br />a.) Eagle Carports, Inc. must have a reasonable opportunity to inspect the claim and not begin <br />any repairs prior to said inspection or the terms of the warranty could be voided. Eagle Carports, <br />Inc. holds the right to require proof (e.g. photos), if needed, via e-mail or mail before writing up <br />any repairs and/or claim. <br />b.) Any claims beyond this document involving litigation or arbitration will be <br />disputed in the Surry County District Court. <br />Additional Terms, Conditions, Warranties etc. <br />a.) Lot must be level prior to installation, otherwise unit may be installed ‘as is’ and any and all <br />warranties will be void. <br />b.) Anchors - all units are secured with anchors that pass through the base rail of the frame and <br />into the ground (concrete, asphalt, etc.). The base rail is affixed only to the installation surface <br />with those anchors and the buyer is aware of and understands and agrees that he/she may <br />experience water leakage under the baserail. <br />c.) Refunds - in the event buyer cancels the order, buyer will receive no refund of the down <br />payment. Specifically, there are NO REFUNDS on special orders. <br />d.) The parties attest that this agreement is the complete and exclusive statement of the <br />agreement between the parties, and supersedes all prior written or oral communications, <br />representations and agreements relating to the subject matter of this agreement. The terms of <br />this agreement, save and except the price term in the event of a pricing error/change order, may <br />be modified or amended by a written instrument executed by the parties hereto. <br />I have read and completely understand the above terms and give my approval of installation of <br />the unit as described on the front page of this document. <br />ALL TERMS ABOVE AGREED TO BY CUSTOMER. <br />CUSTOMER SIGNATURE:______________________________________________ <br />DATE:_____________________________________________________________ <br />© 2022 Copyright All Rights Reserved Eagle Carports Inc. <br />DocuSign Envelope ID: A56B04A3-B18A-4645-A202-AEB380124A4F