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Parties and Scope: This Purchase Agreement ("Agreement") is between Metal America LLC ("Seller") and the customer ("Buyer") for the sale of the metal building described above ("Product").
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Manufacturer Selection and Contract: Seller will select the best manufacturer based on lead time and price. Buyer agrees to sign the manufacturer's contract, which Seller will send via email or text message as soon as possible. The contract price will never exceed the amount paid to Seller but may be less.
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Manufacturer Involvement: Buyer acknowledges that while purchasing from Seller, delivery and installation will be performed by a third-party manufacturer ("Manufacturer") contracted by Seller. Buyer agrees to sign Manufacturer's separate agreement upon delivery and installation.
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Order Acceptance: This order becomes binding upon acceptance by Seller at its Austin, TX office. Seller reserves the right to correct pricing or tax errors.
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Payment: A non-refundable 20% deposit is required to place the order with Seller. The remaining balance is due upon installation completion. Buyer will most likely be required to pay the installation price directly to the Manufacturer upon completion of installation, as specified in the Manufacturer's contract. For payments to Seller, accepted forms include: cash, check, money order, and major credit cards. Personal checks require valid ID.
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Cancellation: Orders canceled after 72 hours from purchase date forfeit the deposit. Special orders may incur additional restocking fees.
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Installation and Scheduling: Seller will coordinate with Manufacturer for delivery and installation. Schedules are subject to Manufacturer's availability and may be affected by weather or unforeseen circumstances.
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Buyer's Responsibilities: Buyer is responsible for:
a) Obtaining all necessary permits prior to installation.
b) Ensuring the site is properly prepared, level, and obstacle-free.
c) Marking underground utilities, pipes, or hazards.
d) Providing site access for equipment and personnel.
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Site Requirements: If the site is not ready or accessible upon Manufacturer's arrival, a return trip fee may apply per Manufacturer's policies. Additional charges may apply for material transportation over 50 feet, digging, or frame cutting.
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Lift Requirements: For buildings requiring a telescopic lift, Buyer must provide the lift or pay additional charges for Manufacturer to provide one.
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Warranty: Warranty terms will be provided by Manufacturer in their agreement signed upon delivery. Seller provides no additional warranties beyond those offered by Manufacturer.
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Color Matching: Exact color matches cannot be guaranteed, especially for components from different manufacturers.
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Ownership: The Product remains Seller's property until paid in full, at which point ownership transfers to Buyer subject to Manufacturer's agreement terms.
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Certifications: If required by local regulations, certified units are available. Certifications are not warranties and do not extend standard warranty terms.
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Limitation of Liability: Seller's liability is limited to the Product's purchase price. Neither Seller nor Manufacturer is responsible for consequential or incidental damages.
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Dispute Resolution: Any disputes related to this Agreement will be resolved in Travis County, Texas. Disputes related to installation or Manufacturer's agreement will be governed by Manufacturer's agreement terms.
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Modifications: Changes to this Agreement must be in writing and signed by both parties. Seller reserves the right to cancel orders not installed within 120 days of purchase date.
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Force Majeure: Neither Seller nor Manufacturer shall be liable for performance failures due to circumstances beyond their reasonable control.
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Photographs: Buyer grants Seller and Manufacturer permission to photograph the building and installation for training and marketing purposes.
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Entire Agreement: This Agreement constitutes the entire understanding between parties and supersedes all prior agreements or representations.
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Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in effect.
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Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.