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A minimum deposit of $500 is required at the time building
is ordered. Depending on the size and location for the building,
Customer may be required to pay additional monies prior to
delivery. Deposit may be paid by credit card charge to Customer’s
Visa or MasterCard.
All buildings with an extended overhang, in which the overhang
is being built on-site by Horizon Structures, require a 50%
deposit at time of order. An additional 30% is required upon
delivery of the building. The remaining 20% (balance of order)
is due upon completion of the overhang construction.
The balance of the purchase price is due and payable in cash
or check at the time of delivery of the building. The driver
delivering the building will bring an invoice for the amount
due which must be paid prior to Customer’s taking delivery
of the building. Any unpaid payments shall bear interest at
the rate of two percent (2%) per month. In the event it becomes
necessary for Horizon Structures LLC to take action to collect
any amount due hereunder, Horizon Structures LLC shall be
entitled to receive all reasonable costs of collection, including
attorney’s fees and associated costs, from Customer.
If any check is returned for insufficient funds, Customer
will be responsible for all costs associated therewith including
a processing charge of $35. Sales tax will be collected at
the applicable rates required by law.
Deliveries are normally made Monday through Friday between
the hours of 6 am and 6 pm depending on Customer location.
Mileage is based upon the distance from Horizon Structures
LLC’s facility, or affiliate facility, to the requested
delivery location. Horizon Structures LLC reserves the right
to reschedule deliveries due to inclement weather, periods
of excessive rain or other events beyond our control. Horizon
Structures LLC also asks that Customers request delivery be
rescheduled should Customer believe inclement weather, soft
ground or other conditions exist which would impeded the safe
delivery of the building or cause damage to the delivery truck
or trailer or Customer’s property or otherwise make
delivery exceptionally difficult for the driver.
To ensure refund of deposit monies upon cancellation of an
order, cancellations must be received in writing at the above
listed address within 3 business days after the order is placed.
Cancellations received more than 3 business days after the
order is placed will result in a forfeiture of the deposit.
Additionally, if the building has already been shipped when
the cancellation is received, Customer will be responsible
for all shipping and hauling costs incurred. Regardless of
when the cancellation is received, Customer will be responsible
for all cost of permits, setup, etc., incurred by Horizon
Structures LLC prior to receipt of Customer’s written
cancellation. Any monies charged to a credit card will be
refunded minus 3% processing fee.
Access must be provided to the building site or delivery
will be made to the closest acceptable site. Customer understands
that the trucks used to deliver buildings are heavy industrial
trucks and, therefore, Customer warrants to Horizon Structures
LLC that the driveway of Customer is capable of holding the
weight of the trucks and loaded trailer. In the event the
driveway is damaged despite this warranty by Customer, Customer
waives any cause of action against Horizon Structures LLC
or its subcontractors for any damage associated with the trucks
and trailers of Horizon Structures LLC or its subcontractors.
Customer understands that it may be necessary for Horizon
Structures LLC or its subcontractors to drive across or through
Customer’s lawn, pasture or other ground. Customer also
waives any course of action against Horizon Structures LLC
or its subcontractors for any damage caused to Customer’s
lawn, pastures, ground, fences, gates, structures, buildings,
animals or other property whatsoever. Customer is responsible
for towing charges incurred should the delivery truck or trailer
become stuck.
Customer will obtain and pay for any building permits or
sealed drawings needed and failure thereof will not excuse
Customer’s performance hereunder. Customer is responsible
to ensure that said location is not in conflict with any building
code or zoning ordinance for the area. The Customer is responsible
for any and all site preparation, including leveling, fill
and grading. Customer agrees to be responsible for determining
the location of the building. Customer is responsible for
the breaking, cutting or damaging of any wires, cables, septic
tanks, pipes, etc., in the course of delivery or set up of
the building and Horizon Structures LLC shall not be responsible
therefore. Horizon Structures LLC bears no liability for inadequate
soil bearing, legal setbacks or height restrictions. Customer
aggress to pay extra costs should surface or underground obstructions
cause Horizon Structures LLC to incur extra costs in the course
of delivering and setting up the building.
Dates of commencement and completion may be extended for
delays occasioned by acts of the Customer, strikes, inclement
weather, or other causes beyond Horizon Structures LLC’s
control. Any alterations, changes or deviations from specifications
involving extra costs will be performed by Horizon Structures
LLC only upon executed written orders from Customer, and will
become an extra charge over and above the contract price which
shall be paid by Customer at the time of delivery or the building.
This Agreement shall not be amended except by a written document
signed by both parties. If any portion of this Agreement shall
be declared invalid or unenforceable by a Court of competent
jurisdiction in the Commonwealth of Pennsylvania, the remainder
of the Agreement shall remain in full force and effect as
though this Agreement never contained that portion. In the
event a dispute shall arise between the parties to this Agreement,
it is hereby agreed that the dispute shall be referred to
Arbitration for arbitration in accordance with the applicable
United States Arbitration and Mediation Rules of Arbitration.
The arbitrator’s decision shall be final and legally
binding and judgment may be entered thereon. This Agreement
and all controversies hereunder shall be governed by and construed
in accordance with the laws of the Commonwealth of Pennsylvania
without regard to its of conflicts of law. Customer agrees
that the Commonwealth of Pennsylvania, and specifically Lancaster
County, shall be the sole venue for any litigation as a result
of any disputes under this Agreement.
All warranties are contingent upon payment in full according
to contract terms. No complaint as to work product shall excuse
Customer from completing its payment obligation s under this
Agreement. Customer agrees that Horizon Structures LLC’s
liability under this contract shall not be permitted to exceed
the fee paid to Horizon Structures LLC by Customer, and Customer
waives any liability in excess of that amount. Customer further
agrees that Horizon Structures LLC shall not be liable for
any incidental, special, punitive, or consequential damages
to Customer even if Horizon Structures LLC was advised of
the possibility of such damages. No failure or delay on the
part of Horizon Structures LLC to enforce any obligations
of Customer under this Agreement shall be deemed a waiver
of the right to enforce those obligations in the future. Customer
gives Horizon Structures LLC Permission to photograph the
building for advertisement purposes. Customer may not assign
any rights under this Agreement.
The Customer also agrees that if payment of invoice IN FULL
is more than 30 days past due, Horizon Structures reserves
the right to take full ownership of the above mentioned building,
including the right to enter the property and remove the building
for return to Horizon Structures. In this event, there will
be no return of principal, and the Customer thereby releases
any claims of ownership of the above mentioned structure.
Horizon Structures is granted the right to resell, reuse,
or dispose of the building as it sees fit.
The above prices, specifications, terms and condition are
satisfactory and are hereby accepted by Customer(s). I/We
hereby authorize Horizon Structures LLC to do the work as
specified and further agree to make payment to Horizon Structures
LLC as outline above.
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