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WARRANTY.
Frames come with a 5 - 7 year prorated warranty from
date of installation. Materials are quoted once selected
from the customer. Graphics application is guaranteed
for three (3) years against failure or defects All
Seasons Awning hereby warrants all materials to be as
specified. This express warranty excludes all other
agreements and warranties, expressed or implied, and All
Seasons Awning shall in no event be liable for a breach
of warranty in an amount exceeding the purchase price.
The parties agree that the Buyer/Owner’s sole and
exclusive remedy against All Seasons Awning shall be for
the repair or replacement of any awning materials which
are defective when delivered. In no event shall All
Seasons Awning be liable for direct, indirect, special,
incidental or consequential damages (including loss of
profits) whether based on contract, tort or any other
legal theory. Any defects or discrepancies in the awning
materials as delivered or installed must be reported All
Seasons Awning. within (5) days after the Buyer/Owner
receives the awing materials or it will be conclusively
presumed that the awning materials were as ordered and
were received in good condition. Notice to All Seasons
Awning of any defects, discrepancies or objections must
be delivered in writing via mail to the address shown on
the face of this agreement. It is hereby expressly
provided that although the said materials have been
hereinbefore described, the material delivered by All
Seasons Awning hereunder shall be deemed to correspond
with their description, when they correspond with the
sample which has been produced to, examined and selected
by the Buyer/Owner. It is hereby expressly acknowledged,
understood and agreed that this is a contract for a
special order whether installed or delivered and the
Buyer/Owner cannot alter, revoke or cancel the same
without the specific written consent of All Seasons
Awning. Unless specified, all projects require one-half
(50%) deposit at initiation of contract, Buyer/Owner
agrees to All Seasons Awning the full balance of the
contract price immediately upon completion of the
contract unless other terms have been arranged. It is
understood and agreed that on sales of material only
that the title and ownership of said material shall
remain with All Seasons Awning until the whole amount of
the purchase price shall have been paid. In these
situations the risk of loss shall transfer to the buyer
immediately upon delivery of said materials. If this
contract includes installation, it is a construction
contract. This construction contract may be itemized.
Whether itemized or not, this construction contract is
an agreement between the Contractor and the Owner to
improve, repair, replace, or alter real property. It is
expressly agreed that the title to and the ownership of
the materials included in this contract pass from the
Contractor directly to the Owner upon permanent and
complete installation. The Buyer/Owner covenants
and agrees that upon his default by the failure to pay
any part of or all the purchase price when due. All
Seasons Awning shall have the right to pursue the
following remedies (which shall be cumulative, not
exclusive): Without judicial action, take possession of
all said property not previously installed and all
payments made by the Buyer up to the time of said
default shall be applied as rent and depreciation on
said property for and during the time the property is in
the Buyer’s possession, or Bring legal action to collect
all monies due All Seasons Awning under the terms of
this agreement, or, Enforce and foreclose a lien against
said property without additional notice to the Owner, or
Pursue any other remedy available by law to All Seasons
Awning. The Buyer/Owner further covenants and agrees to
pay reasonable attorney’s fees and costs to All Seasons
Awning in the event it incurs such fees and cost in
enforcing its rights under the terms of this contract.
All Seasons Awning shall not be responsible for loss or
damaged to Buyer/Owner’s business or property or injury
or death to persons; Buyer/Owner shall All Seasons
Awning and hold it harmless from any and all claims.
Acrylic material is not totally waterproof. It may leak
when saturated. |
