BARNS.COM
- TERMS AND CONDITIONS
No Agency. The Barns.com named on the face of your
order is NOT an agent of Seller for any purpose except
receipt of the Deposit. No representation or agreement by
Barns.com is binding on Seller.
Rejection of Order and Cancellation of Contract. Barns.com reserves the right, at any time before installation of the Unit, to reject this Order or cancel this contract by notice in writing to Buyer. Upon giving such notice,
Barns.com will refund any deposit received from Buyer. Buyer agrees that such refund shall be Buyer’s exclusive remedy for such cancellation.
Legal Authority for Installation. Before installation of the Unit, Buyer shall obtain every permit or other authorization required for lawful erection of the Unit on the site designated by Buyer. If Buyer fails to obtain any such required permit or authorization: (i) such failure voids any and all warranties otherwise applicable to the Unit, and (ii) Buyer shall indemnify and hold
Barns.com harmless for all damages or costs, including attorney fees, which
Barns.com may incur as a result thereof. Barns.com
will install the Unit on the site designated by Buyer upon the property specified on the face hereof; BUT, if
Barns.com delivers the unassembled Unit and installation is not completed due to Buyer’s breach by failure to obtain any required permit or by failure adequately to prepare the site, including location of underground utilities,
Barns.com may, in its sole discretion, terminate this contract and retain Buyer’s deposit
and/or full payment if already collected, as liquidated damage for Buyer’s breach.
Site Preparation. Before delivery, Buyer shall designate a site on the property identified as the Location on the face hereof and prepare such site for installation of the Unit, which preparation shall include making the site level, removing all electrical wire less than 10 feet above the intended height of the Unit, removing all underground utilities below the site, and any other improvement reasonably necessary. If
Barns.com determines that the site is not prepared or suitable for installation,
Barns.com may, at its option, terminate this contract or make such further improvements as may be reasonably necessary. If
Barns.com makes further improvements to the site, Buyer agrees to pay the reasonable cost thereof upon completion.
Scheduling Delivery and Installation. Barns.com will make a good faith effort to deliver and install the Unit within 60 days after
Barns.com’s acceptance of this Contract, and will notify Buyer at least 24 hours before delivery. Buyer may, by written notice received by
Barns.com not more than 7 days after Barns.com’s acceptance hereon, delay the delivery and installation for up to 60 days. In no event will
Barns.com be liable for any damage or consequential damages resulting from any delay in delivery or installation of the Unit.
Change Orders. No change in the Unit or its specifications is binding on
Barns.com unless requested by Buyer's written change order and approved in writing by
Barns.com senior management. Any change requested by Buyer constitutes the Buyer's consent to resulting changes in the Price.
Limited Warranty. As to all Units, Barns.com warrants that its
manufacturers and suppliers installation of the Unit will be free of defects in workmanship. Any alteration or abuse of the Unit shall void all such limited warranties.
BARNS.COM’S LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT, AT
BARNS.COM’S OPTION, OF THE UNIT. BARNS.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY STATED HEREIN.
BARNS.COM MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY OTHER PROPERTY.
Payment Terms. Buyer agrees to pay the Price, including any increase for any Change Order, in full at the time of installation. If any payment tendered by Buyer is dishonored for any reason, Buyer agrees that, at
Barns.com’s option, the balance due shall thereafter bear interest at one and one-half percent (1.5%) per month, or
Barns.com may enter Buyer’s property, disassemble and remove the Unit, and retain Buyer’s deposit as liquidated damages. If
Barns.com refers collection hereunder to an attorney, Buyer agrees to pay
Barns.com's reasonable attorney fees and expenses.
Check Policy. If your check is returned NSF it will be re-presented electronically and you will be assessed a processing fee as allowed by law, which is no less than $20. The check writer is also responsible for all other collection costs including attorney’s fees, court costs and taxes as well as any other amounts allowed by law.
Miscellaneous. This Agreement is governed by the laws of North Carolina and any action against
Barns.com hereunder shall be brought only in a court of general jurisdiction sitting in
Surry County, North Carolina. The term Buyer, as used herein, includes said persons named on the face hereof, their heirs, successors and assigns, and shall include singular, masculine, feminine or neuter as required by the context. This Agreement, including only the face and reverse hereof and an engineer-certified drawing of the Unit, if such drawing is furnished by
Barns.com, constitutes the complete agreement of the parties, and all prior descriptions, representations, negotiations or agreements are merged herein and superseded hereby.
|
