Tag Archives: Purchaser

Builder Warranty Example

Example Builder Warranty

Disclaimer – this and subsequent articles on this subject are not intended to be legal advice, merely an example for discussions between you and your legal advisor.

I cannot express strongly enough how important to both builders and their clients to have a written warranty in any agreement. 

WARRANTIES: There is no warranty applicable to the building and is expressly in lieu of all other warranties available under any State or Federal laws, expressed or implied, including any warranty of all labor, material, product and taxes will be paid for and there will be no potential lien claim against Purchaser’s property upon completion of the work and following final payment by Purchaser to Seller.

Products supplied by third party suppliers, manufacturers and sub-contractors to the project are warranted only to the extent that the suppliers and manufacturers of those products provide a warranty.

In the event that a defect is discovered in one of these products, Seller will assist Purchaser in securing repair or replacement of these products under the warranty provided by the third party supplier or manufacturer. Warranty work is work which was correctly and completely done initially, but becomes non-operational or dysfunctional following occupancy or use by Purchaser. No retainage or holdback will be allowed for warranty work.  

Seller expressly warrants to the original noncommercial purchaser(s) and only the original purchasers.  

That if any part of a Seller constructed post frame building, as covered by this warranty, proves to be defective due to materials or workmanship, under normal use and service, for two (2) years, that defective part will be repaired or replaced, subject to the terms and conditions contained in this Warranty.

Seller hereby assigns to Purchaser all rights under manufacturer’s warranties. Defects in items covered in manufacturer’s warranties are excluded from coverage of this limited warranty, and Purchaser should follow the procedures in the manufacturer’s warranties if defects appear in these items. 

 For ten (10) years.

Any solid sawn or glu-laminated (pressure treated to a minimum UC-4B) structural columns that fail due to decay or insect damage, unless said column has been exposed to animal wastes.

The original building roof structure, if damaged directly by snow loads because of the failure of any prefabricated roof truss or trusses to meet design specification. Subjecting your roof system to greater loads than those set out on the face of this Agreement, any unspecified ceiling loads, or modifying the trusses in any way voids all Warranties.

Any major structural defects which are defined as being an actual defect in a load-bearing portion of the building which seriously impairs its load-bearing function to the extent that the building is unsafe. For purposes of this definition, the following items compromise the structure of the building:

  1. Load bearing columns,
  2. Floor or ceiling joists,
  3. Beam, trusses and rafters.

For Two  (2) Years:

Any roof leaks due to defects in material or workmanship, expressly excepting where the building has been connected to an adjoining structure, in roof valleys, or at roof slope changes to which cases, no warranty applies. 

Any other building parts which prove to be defective in material or workmanship.

This warranty period shall commence on the date of the acceptance of the building by the Purchase or Purchaser’s occupancy of the building, whichever comes first.

This warranty contained wherein is void in situations where:

  1. Installation is not made in accordance with the instructions supplied by Hansen Buildings.
  2. The actual operation or use of the product varies from the recommended operation or intended use.
  3. There is a malfunction or defect resulting from or worsened by misuse, negligence, accidents, lack of or improper performance of required maintenance by the original purchaser.
  4. The building is altered or added onto, unless by Seller.
  5. Seller is not notified within twenty four (24) hours of problems due to snow loads.
  6. Purchaser fails to take timely action to or damage.
  7. Anyone other than Seller’s employees or agents or subcontractors have been on the building roof.
  8. Purchaser fails to make final payment per terms of sale.

Equipment such as fans, HVAC, gutters, downspouts, walk door locksets, other equipment not manufactured by Seller, site work, concrete, doors, windows, interior finishes, mechanical or electrical systems are excluded from this warranty.

The Purchaser expressly agrees to fully and timely pursue all available remedies under any applicable insurance agreement before making claim under this warranty.

In the event Seller repairs, replaces or pays the cost of repairing or replacing any defect covered in this warranty for which Purchaser is covered by insurance or a warranty provided by another party. Purchaser must assign proceeds of such insurance or other warranty to Seller, to the extent of the cost to Seller, of such repair or replacement.

Any claims for defects under warranty must be submitted in writing to Seller within the warranty period and promptly after discovery of the claimed defect, describing the defect claimed and date of building completion, before Seller is responsible for correction of that defect. Written notice of a defect must be received by Seller prior to the expiration of the warranty on that defect and no action at law or in equity may be brought by Purchaser against Seller, for failure to remedy or repair any defect about which Seller has not received timely notice in writing.

Purchaser must provide access to Seller, during normal business hours to inspect the defect reported and, if necessary, to take corrective action. A reasonable time should be allowed for inspection purposes. If, after inspection, Seller agrees, at its sole option to repair or replace only the defective materials or workmanship within the first three months from date of building completion at NO COST to the Purchaser. Thereafter Seller shall assume the cost of material and labor for any warranty work upon advance payment by the Purchaser of a one hundred dollar service payment for each incident under this warranty. The obligation of Seller, under this warranty, shall be performed only by persons designated and compensated by Seller for that purpose, and is subject to all other provisions of this warranty.

The provisions of this Warranty are the full and complete warranty policy extended by Seller, and are expressly in lieu of all other warranties, expressed or implied, including any warranty of merchantability or fitness for a particular purpose. These warranties may not be transferred or assigned. The liability of Seller shall not exceed the cost to Seller for repairing or replacing damaged or defective material or workmanship, as provided above, during the warranty period. 

THE WARRANTY STATEMENTS CONTAINED IN THIS LIMITED WARRANTY SET FORTH THE ONLY EXPRESS WARRANTIES EXTENDED BY SELLER FOR ITS BUILDING AND THE PROVISIONS HEREOF SHALL CONSTITUTE THE PURCHASERS EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IN NO EVENT WILL SELLER BE LIABLE TO THE PURCHASER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR BREACH OF AN EXPRESS OR IMPLIED WARRANTY ON THE BUILDING; PROPERTY DAMAGE, PERSONAL INJURY , OR ECONOMIC LOSS IF OCCASIONED BY SELLER’S NEGLIGENCE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. 

Purchaser shall promptly contact Seller’s warranty department regarding any disputes involving this Agreement.

Seller and Purchaser agree that this limited warranty on the building is in lieu if all warranties of ability or workmanlike construction or any other warranties, express or implied, to which Purchaser might be entitled, except as to consumer products. No employee, subcontractor, or agent of Seller has the authority to change the terms of this warranty.

Delivery Delays

Disclaimer – this and subsequent articles on this subject are not intended to be legal advice, merely an example for discussions between you and your legal advisor.

Please keep in mind, many of these terms are applicable towards post frame building kits and would require edits for cases where a builder is providing erection services or materials and labor.

In our Period of Covid, we have all experienced challenges in acquisition of things as simple as toilet paper. Delays can and will happen. Below are two sets of terms in this arena, top set is for kits:

DELIVERY DELAYS: If Purchaser delays any delivery, or refuses delivery of any or all materials, prices are subject to adjustment by Seller in order to conform to Seller’s prices in effect at date of shipment. Purchaser further agrees to pay any added costs for redelivery, manufacturer’s price increases, handling or related charges, prior to taking delivery.

In addition, Purchaser shall promptly remit to Seller the total full amount payable and agrees to pay Seller storage charges of no less than 2% of the Total Cost, per month, or every portion thereof, beginning from the originally scheduled delivery date or 30 days after Purchaser’s order, whichever comes first. Purchaser will assume any damages to materials caused by storage deterioration, due to Purchaser’s delay of delivery, including cost of replacement material(s), if needed.

DELAYS: Seller shall not be liable for any back charges, offsets or other claims against Seller by Purchaser, or third parties for any punitive, incidental, special or consequential damages. This includes, but is not limited to loss of profits or revenue, alternative habitation expenses, storage or boarding, increased financing costs or loss of use of the building due to loss, damage or delay in a manufacturer’s shipment or delivery of goods. 

Seller shall not be liable for his/her inability to perform any or all of Seller’s obligations hereunder due to any acts or omissions of Purchaser or any causes beyond Seller’s control, including, but not limited to, unforeseen shortages of necessary labor (e.g. boycotts, labor disturbances, lockouts, strikes) or materials (e.g. delays in transportation, inability to secure cars or tonnage, late delivery by Seller’s suppliers or manufacturers), restricted access to site (e.g. lack of adequate easement, road restrictions or closures), delays in communication with any building department or governmental agency, project engineer or Purchaser, acts of God or nature (e.g. earthquake, excessive hail, fires, floods, ice, rain, severe wind chill, sleet or snow storms, volcanic eruptions, windstorms), acts of civil or military authorities (e.g. civil commotion, local, State or Federal emergencies, war), Change Orders or the negligence of others. 

If any such cause results in a delay in performance, the date of delivery or of performance shall be extended for a period equal to twice the time lost by reason of the delay. This extension shall be Purchaser’s sole remedy.

STOPPAGE OF WORK/PAYMENT: Seller may halt deliveries and/or stop support at any time for nonpayment by Purchaser, without penalty for being wrong in demanding payment. Purchaser expressly waives any and all right to terminate Agreement over any minor violation of contractual obligation.

This is for erected buildings:

DELAYS: Seller shall not be liable for any back charges, offsets, damages, or other claims against seller by Purchaser or third parties for any punitive, incidental, special or consequential damages. This includes, but is not limited to loss of profits or revenue, alternative habitation expenses, storage or boarding, increased financing costs or loss of use of the building due to loss, damage or delay in a manufacturer’s shipment or delivery of goods. 

Seller shall not be liable for its inability to perform any or all of its obligations hereunder due to any acts or omissions of Purchaser or any causes beyond Seller’s control, including, but not limited to, unforeseen shortages of necessary labor (e.g. boycotts, labor disturbances, lockouts, strikes,) or materials (e.g. delays in transportation,  inability to secure cars or tonnage, late delivery by Seller’s suppliers, or manufacturers); restricted access to the work site (e.g. lack of easement, road restrictions or closures); delays in communication with the building department, project Engineer or Purchaser, acts of God or nature (e.g. earthquakes, excessive hail, fires, floods, ice, rain, severe wind chill factors, sleet or snow storms, volcanic eruptions, wind storms); acts of civil or military authorities, (e.g. civil commotion, local, State or Federal emergencies war); changes in the work (e.g. change orders) or the negligence of others. 

If any such cause delay in performance, the date of delivery or performance shall be extended for a period equal to twice the time lost by reason of the delay. This extension shall be Purchaser’s sole remedy. 

In the event delay is caused by Purchaser due to failure of Purchaser to fulfill responsibilities under this Agreement (including, but not limited to, failure to make site available on time, obtaining clear easement or access to jobsite or allowing another subcontractor to disrupt Seller’s work), changes ordered by Purchaser, or failure to provide Purchaser furnished materials in a timely manner, Purchaser may be obligated to compensate Seller at a rate of not less than $500 per day. 

STOPPAGE OF WORK/PAYMENT: Purchaser may request Seller to vacate jobsite temporarily to allow subcontractors other than Seller to perform services. If allowed by Seller, Purchaser will remit an additional amount of 5% of the Total Cost, but not less than $500 for this allowance, prior to Seller’s temporary vacation. 

Seller may stop work at any time for non-payment by Purchaser without penalty for being wrong in demanding payment. In the event of a “stop work” or other similar order being placed upon this project for failure of Purchaser to meet any of its requirements, Purchaser shall immediately remit balance of Total Cost to Seller, with the understanding that Seller shall complete its obligations under this Agreement once Purchaser has met its obligations. Purchaser expressly waives any and all right to remove Seller from the project over any minor violation of contractual obligations.

Building Codes and Requirements in Contract Terms

Building Codes and Requirements in Contract Terms

Disclaimer – this and subsequent articles on this subject are not intended to be legal advice, merely an example for discussions between you and your legal advisor.

Please keep in mind, many of these terms are applicable towards post frame building kits and would require edits for cases where a builder is providing erection services or materials and labor.

BUILDING CODES: The Total Cost of this Agreement is based upon an agreement between Purchaser and Seller, for Seller to perform according to a specific scope of work, per code and loading information as stated in the Agreement. Total Cost to Purchaser may be increased depending upon the review completed by one or more of Purchaser’s permit approval granting agencies, which include, but are not limited to building and land use departments, in which event either the Seller or Purchaser shall be relieved of further obligation under this Agreement if the increase in Total Cost is greater than ten percent (10%). 

In the event the building department, any other governmental agency or agent may require revision(s), further documentation, or explanation of any work after one initial plan check/review, Seller will advise the Purchaser of any required changes or modifications. Upon notification by Seller of extra work or materials required, Purchaser shall authorize Seller to perform such according to Section xx of this Agreement, “Change Orders”. 

Seller is not responsible for any plan check fees, re-inspection fees, special inspections, analyses or reports which are not ordinarily provided by Seller to a building department, plan check or inspector, including, but not limited to any additional charges resulting from unfamiliarity of said person(s) with either post frame buildings in general or the work as specifically designed by Seller. 

Once the approved plans and specifications have been reviewed by the applicable jurisdictions and building permit has been issued, both Seller and Purchaser may rely upon those approved plans and specifications as conforming to all applicable regulations and building codes of the jurisdictional building authorities. 

Total cost, unless otherwise specified, includes two sets of engineered 24″ x 36″ plans. Extra sets are available at time of order for $xx per set. Plans will be made available online (once drafted) and must be fully reviewed and approved by the Purchaser prior to deliveries being scheduled. Time spent handling calls or Emails made by the Purchaser, Purchaser’s agent(s), or Purchaser’s permit issuing agencies to engineer of record will be paid for by Purchaser, directly to the engineer, at engineer’s prevailing rate. 

In the event any conflicting information is found on the plans, Purchaser agrees to immediately notify Seller. Seller will promptly clarify or correct any conflicting information (at no charge to Purchaser), this being Purchaser’s sole remedy. 

Building Codes require attics above insulation to be ventilated with a net free area (NFVA) not less than 1/150 of area of space being ventilated. NFVA may be 1/300 of area of space ventilated, provided 50 percent of required ventilating area is provided by ventilators located in the upper portion of space to be ventilated at least 3 feet above eave, with balance of required ventilation provided by eave or gable vents. Purchaser to make provisions for adequate ventilation, if not so included in Agreement.

My commentary: permit issuing authorities can and will do some absolutely bizarre things. Often all it takes is one new person in a department who is fresh out of school and wants to prove their brilliance by upsetting an apple cart. This caps these unforeseen costs to both parties.

PER ANSI/TPI 1 LEGAL REQUIREMENTS MANDATE: In all cases where a Truss clear span is 60 feet or greater, the Owner (Purchaser) shall contract with any Registered Design Professional for the design of the Temporary Installation Restraint/Bracing and the Permanent Individual Truss Member Restraint and Diagonal Bracing. In all cases where a Truss clear span is 60 feet or greater, the Owner (Purchaser) shall contract with any Registered Design Professional to provide special inspections to assure that the Temporary Installation Restraint/Bracing and the Permanent Individual Truss Member Restraint and Diagonal Bracing are installed properly.

For extended reading on this subject, please visit: https://www.hansenpolebuildings.com/2019/09/responsibilities-where-the-legal-requirements-mandate/

Contract Sales Tax and Financing

Disclaimer – this and subsequent articles on this subject are not intend to be legal advice, merely an example for discussions between you and your legal advisor.

Please keep in mind, many of these terms are applicable towards post frame building kits and would require edits for cases where a builder is providing erection services or materials and labor.

TAXES: Appropriate sales tax will be added for deliveries in (states tax is collected in). Stated prices do not include any sales, use, excise or other taxes payable on account of this transaction, unless specified, and all such taxes now in effect and/or hereafter levied which are applicable on this transaction are in addition to such price and shall be paid by Purchaser. Upon demand, Purchaser shall furnish Seller with paid receipts for any or all of these taxes. Certain states (including but not limited to: CA, CT, DC, FL, LA, MA, MD, MS, NY, TN, TX, WY) require drop shippers who are registered in those particular states to collect sales tax from Seller (and subsequently Purchaser) on transactions. In the event Seller is charged tax, Purchaser will be invoiced and funds will be automatically charged to Purchaser’s originally used form of payment, with a minimum 48 hours notice by email. Purchaser will receive a paid receipt for any such taxes paid, so same can be deducted from any payments made by Purchaser to local taxing authorities. Sales/excise or use tax rates, if stated, are subject to adjustment to conform to published rates in effect at time of payment in full. If the sales or use tax is not applicable, Purchaser shall provide Seller with the necessary and properly executed sales tax exemption certificate(s).

My commentary:

Purchasers – do not try to skirt sales taxes by paying cash to a builder, or buying a kit in a no tax state (e.g. Montana or Oregon) and hauling it to a tax collecting state. There is a very high probability you will be caught and the penalties and interest are painful. Building kit providers without physical nexus are not obligated to collect sales taxes unless they reach a predetermined threshold of sales in a given state, this does not absolve Purchaser from paying what then becomes a Use Tax.

Builders have nexus (a physical presence) within the state the building is being erected and are therefore required to collect and remit any applicable sales taxes.

FINANCING: If improvements are to be financed by a lender of Purchaser’s choice, Purchaser agrees to provide Seller with lender’s confirmation of all financing in place and Purchaser’s loan has been closed. Seller is to be automatically notified of change in Purchaser’s status of insurance, financing commitments and/or financial net worth. Should Purchaser be unable to obtain outside financing Purchaser agrees to complete Seller’s credit application. Purchaser agrees to sign all necessary papers needed by financial institutions, and to furnish all data and documentation requested by same, Purchaser’s failure to furnish said documentation within ten (10) days of written request by Seller or Seller’s agents or Purchaser’s failure to sign loan documents after they are drawn up, shall entitle Seller (at Seller’s option) to terminate Agreement and if so terminated, Purchaser further agrees to remit immediately to Seller a minimum of $500 or 10% of the Sales Agreement (whichever is greater). Should Seller be unable to obtain financing for Purchaser, for the amount of this Agreement only (or balance after down payment), and no drafting of plans has begun, Seller may terminate Agreement, no charges will be incurred to Purchaser and any and all down payments received by Seller will be refunded in full. Whether financed or not, Purchaser agrees to authorize Purchaser or Purchaser’s agents to make all written or verbal inquiries to Purchaser’s bank, lending institutions or any other credit reference of Purchaser, necessary to verify credit worthiness. Agreement is subject to credit approval and may be terminated at the option of Seller if said contract cannot be financed or sufficiency of funds cannot be adequately determined. A certificate of Completion of Acceptance of Work form, once it is signed by Purchaser, becomes final and binding on Purchaser and as such, Purchaser may not claim incomplete performance or failure to perform according to Agreement documents.

My commentary:
Surprisingly, a fair number of Purchasers make only a half-hearted attempt at obtaining financing. Often Seller has done a fair amount of work in assisting Purchaser and deserves to be compensated for same, should Purchaser not follow through.

This series will continue next with Building Codes – you will not want to miss this one!

How Are We Going to Communicate?

How Are We Going to Communicate?

Disclaimer – this and subsequent articles on contract terms are not intended to be legal advice, merely an example for discussions between you and your legal advisor.

Please keep in mind, many of these terms are applicable towards post frame building kits and would require edits for cases where a builder is providing erection services or materials and labor.

Communication is key to any successful relationship and paramount when it comes to a new building.

COMMUNICATIONS: This is an INTERNET PURCHASE and, as such, any and all communications after purchase will be available to Purchaser ONLY via log-in at Seller’s website. Handling and/or service charges apply to forms of communication other than via log-in to Seller’s website, at current staff rates. Seller may contact Purchaser from time to time regarding this transaction. This contact may be in any manner chosen by Seller, unless the law expressly prohibits. For example, Seller may:

  1. contact Purchaser by mail, telephone, email, fax, recorded message, text message or personal visit;
  2. contact Purchaser using an automated dialing or similar device (“Autodialer”);
  3. contact Purchaser at Purchaser’s home or place of employment;
  4. contact Purchaser on Purchaser’s mobile telephone;
  5. contact Purchaser at any time, including weekends and holidays;
  6. contact Purchaser with any frequency;
  7. leave pre recorded and other messages on Purchaser’s answering machine/service/voice mail and with others; and
  8. identify himself/herself, Purchaser’s relationship with Seller and Seller’s purpose for contacting Purchaser even if others might hear or read it.
  9. Seller may monitor or record any conversation or other communication with Purchaser.
  10. Seller owns all rights to any information/data entered by the purchaser into the customer login system and may be viewed by the seller at any time.

Regardless of “how” acceptable methods for communication should be clearly stated.

ORDER ACKNOWLEDGMENTS: All quotations and agreements are subject to Seller’s written acknowledgment or invoice, which sets forth the order as Seller understands it and states the only obligations to which Seller is bound. Unless the Purchaser objects promptly upon its receipt, such acknowledgment will be the final and entire agreement between the parties. No ensuing changes will be binding unless so acknowledged by Seller.

Seller reserves the right to refuse service to anyone. Seller may unconditionally cancel Purchaser’s order at any time, provide Purchaser with a full refund (pursuant to Section xx of this Agreement “Disbursements”), and, if so cancelled, Purchaser waives the right to any claim of damage, due to any cause.

First paragraph of “Order Acknowledgements” pertains primarily to doing work with governmental bodies. Paragraph two is (IMHO – In My Humble Opinion) an absolute must for any provider or builder. As a provider, we have had a very small percentage of clients with whom we quickly found out were going to prove to be impossible to work with. There are, sadly, people who become overly brave when they have a phone line or computer keyboard at hand and will say or type things they would never say to a person’s face. We had a client file a BBB (Better Business Bureau) complaint against us not once, but twice – because we refused to do business with her (lucky for us as I know who she did order from and they regretted ever doing business with her).

PRICE: Time is of the essence, written quotations are subject to stock on hand and prior sale and cannot be held longer than xxx(x) days, unless otherwise stated in writing. Order processing begins as soon as the Purchaser presses the SUBMIT button. Arithmetic or clerical errors are subject to correction. Changes to order may be requested by Purchaser within twenty-four (24) hours after ORDER has been placed and will be assessed a fee equal to material price, plus a minimum $xxx processing fee. Staff time charges may apply to all change requests, even if the Purchaser ultimately does not order the change. Any additions, alterations or changes will affect price and are to be performed only pursuant to Section xx of this Agreement, “Change Orders”. Agreement price does NOT include a contingency for changes in the physical condition of the site or location of the building from those originally contemplated, unobserved or unknown conditions in the property or an existing structure which, if encountered, will lead to additional time and expenses. If those contingencies do occur, then payment for those contingencies will be paid for by Purchaser according to Section xx of this Agreement, “Change Orders”. At Seller’s option, Seller may provide a cost breakdown to Purchaser or Purchaser’s lender for estimating purposes, or for the purpose of Purchaser obtaining financing from a commercial lender. Any such cost breakdown is not intended to be a bid, allowance, or guaranteed sum of money expended upon individual items of construction and is not intended to modify the price or scope of work stated in this Agreement. Unless otherwise specified on the face of this Agreement, price does NOT include meeting any provision of the Davis-Bacon Act, nor does it include the cost of either bid or performance bonding. No future offers, discounts or sales will apply to this transaction. Price is subject to increase if delivery of some or all components are not taken prior to an announced price increase.

In these times of uncertainty in price and availability of materials it is essential for both parties to have clear understandings as to responsibilities. In order to maintain best possible pricing, in rapidly escalating markets, orders must be processed expediently. Clients should have an option to take prompt delivery in order to not be faced with price increases.

Clients will often ponder changes, after placing their order. Sometimes researching their requests becomes a time-burning process and as such, the provider or builder deserves to be compensated should a change be requested, but not acted upon. Continue reading

Talking Contract Terms

Talking Contract Terms

I may have previously mentioned contracts and their terms are boring – until a conflict or even worse arises.

Disclaimer – this and subsequent articles on this subject are not intended to be legal advice, merely an example for discussions between you and your legal advisor.

Please keep in mind, many of these terms are applicable towards post frame building kits and would require edits for cases where a builder is providing erection services or materials and labor.

GENERAL Is just as it sounds – a starting point.

GENERAL: This agreement constitutes the only agreement between Seller and Purchaser and supersedes all previous Agreements, conditions, contracts, designs, discussions, negotiations, quotations, plans, promises, representations, and/or terms on this sale either verbal or written. It is understood that there are no oral or other agreements between the Seller and the Purchaser with regards to the Subject of this Agreement which are not incorporated herein. The extent of the Seller’s obligation is covered in this Agreement and this Agreement only. This clause is not a mere recitation of fact but is intended to be an absolute and binding acknowledgement of legal consequences. Sales and delivery (as well as installation, if provided) of the materials/goods are made subject to the terms and conditions stated herein, not withstanding any contrary provisions in purchase order since received by Seller. Purchaser shall make access to building and building site available at all times to Seller or Seller’s agents for purposes of construction or repairs. Purchase grants Seller, without limitation, the right to utilize Purchaser and aforementioned improvements for advertising and promotional purposes.

Why this is important.

Chances are good Purchaser is going to be having conversations with multiple possible providers prior to picking one. Seller might very well have hundreds (or even thousands) of clients they are interacting with. All of these back-and-forths lend themselves to a great deal of possible confusion. In order to protect all parties involved (and should there be no equitable resolution and it ends up in court), if it is not in writing, it does not exist.

Some Purchasers (generally governmental bodies) attempt to make changes to contracts by issuing Purchase Orders with contrary provisions – this terminology expressly throws out those potential changes.

Now it may seem obvious to provide access – however I have personally experienced challenges including locked gates and weapons.

Seller is going to pour their heart and soul into this building (or certainly should be) and as such deserves to be able to benefit from their efforts in advertising and promotion.

SCOPE: This is not an estimate or a bid; it is a legally binding contract. Only the written contract documents identify the scope and detail of materials to be furnished or work to be performed by Seller. Furthermore, Seller’s duty is to deliver and/or build according to the contract documents only. Any drawings, sketches or specifications furnished separately by Purchaser are expressly excluded from inclusion in the contract documents. All work performed or materials supplied by Seller, which is not specifically detailed in this Agreement, shall be performed pursuant to Section xx, “Change Orders”, of this Agreement.

Purchaser is purchasing a materials only pole (post frame) building package, designed per Seller’s plans which are produced under the direct supervision of the independently contracted (by Seller) third-party Engineer of Record (E.O.R.) and Seller’s Construction Manual. This is not a precut building, nor is the structural design to be determined by Purchaser or Purchaser’s agents. Assembly, by Purchaser or Purchaser’s agents, including measuring, cutting and the use of tools, will be required. Some components may come all or partially assembled (e.g. , entry doors are most often shipped as pre-hung), however most items (such as, but not limited to, sliding and overhead doors) require the assembly of sub-components. Steel roofing, siding and trims often require cutting and/or splicing. It is the discretion of Purchaser or Purchaser’s agents to utilize the materials provided so as to minimize splices, as well as the creation of waste or scrap. No overage of any materials is provided for in this Agreement. Any and all usable surplus materials remain the property of Seller, and are to be protected from theft, damage or deterioration by Purchaser. Purchaser is to advise Seller of any usable surplus materials. Upon request of Seller, Purchaser will either return excess surplus materials to Seller, or shall promptly pay Seller for them pursuant to Section xx of this Agreement, “Change Orders”.

Purchaser acknowledges the responsibility to read and understand fully all written and electronic information provided by Seller, including but not limited to any plans, Materials lists, Seller’s Construction Manual, as well as and including inventory and inspection guidelines.

Any Purchaser-performed work such as site preparation is to be performed promptly, without delay to Seller.

While this may appear to be ‘common sense’ common sense is far from common and again – if it is not spelled out, in writing, it does not exist.

Watch for my next thrill packed installment of this series!

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