Terms of service
All orders are subject to verification by the main office of Seller. If order is accepted and processed by
BUILDER, hereinafter called “Seller” then this order becomes a
contract between above Buyer and Seller and is subject to the terms and conditions herein.
TERMS AND CONDITIONS
No Agency: The Dealer responsible for placing this order is not an agent of BUILDER
The Dealer is solely granted the express and limited authority to collect the deposit on any
purchased structure. Buyer is to make checks or credit card payments to Seller for deposits or full cash price. Buyer
is to make checks for Rent to Own contracts to McKenzie Banking Company a Division of Foundation Bank. Seller
has the right to correct any errors made by individual Dealers concerning pricing or taxes. No agreements,
representations, warranties, or communications, whether oral or written, made by Dealer shall be binding upon
Seller unless said agreement, representation, or warranty is in writing and signed by Seller. Refund policies and
deposits are at the sole discretion of the Seller.
Free Delivery: Free Delivery covers one trip up to 30 miles subject to an additional $5.00 per mile (8, 10, and 12 ft
wide buildings) charge one way, and any additional trips may also incur charges to the customer.
Buyer’s Responsibilities and Indemnification: Prior to installation of the structure, Buyer shall obtain all
relevant, necessary and required permits or other authorization required by local, state, or federal agencies and the
approval of any homeowner’s association for the lawful placement of the structure on the site designated by the
Buyer. All Electrical Inspections and Permits became the responsibility of the Buyer after delivery and/or the
building has left the premises of Seller. Seller shall install the structure on the site designated by the Buyer upon the
property specified on the face of this contract. However, should the Seller deliver the unassembled structure and
installation is not completed due to the Buyer’s failure to comply with this contract or by failure to comply with the
removal of branches, fences or any other obstructions, in addition to other preparation or adjustments necessary for
the placement of building, Seller may, in its sole discretion, terminate this contract and retain the Buyer’s deposit as
liquidated or actual damages for the Buyer’s breach. Buyer shall fully defend, indemnify and hold Seller harmless
from and against, any and all liquidated or actual damages, including but not limited to Sellers reasonable and
necessary attorney’s fees, resulting from a failure to obtain all relevant, necessary and required permits or other
authorization required by local, state, or federal agencies and the approval of any homeowner’s association for the
lawful installation of the structure on the site designated by the Buyer. Any and all buildings manufactured by Seller are designed for storage purposes only and are not designed for or intended for human habitation. The type of and/or
purpose for a building purchased from Seller and any affiliated Dealer becomes solely the responsibility of the
Buyer.
Payment Terms: Buyer agrees to pay the purchase price of the structure in full at the time of installation, including
any increase due to Buyer’s change orders. If any payment made by Buyer is dishonored for any reason, the
remaining unpaid balance on the structure shall bear interest at the rate of one and one-half (1 1⁄2 %) percent per
month until paid in full. In the alternative, and at Seller’s sole discretion, failure to pay the purchase price in full for
any reason may result in the removal of the structure from the Buyer’s possession and forfeiture of the Buyer’s
deposit as liquidated damages. Upon a failure of the Buyer to pay for the structure in full, Buyer gives their express
permission for Seller to enter onto the Buyer’s premises for the sole purpose of removing the structure. All
payments, less and except the deposit, are to be made directly to Seller and not to the Dealer. Buyer shall not pay
Dealer an amount exceeding the required down payment. In the event the Buyer pays the Dealer an amount above
the required down payment, the Buyer does so at their own risk. Buyer agrees to forever release and relinquish any
claims against Seller resulting from amounts paid to the Dealer exceeding the required down payment. If Buyer
breaches any RTO contract regarding the structure or building, resulting in repossession, Buyer gives Seller express
permission to enter property to remove the structure at Seller’s or its agents convenience at Seller’s leisure.
Attorney’s Fees: In the event Seller must retain an attorney at law to enforce any of the terms and conditions of this
contract, Seller shall be entitled to recover all costs and expenses actually incurred, including reasonable attorney’s
fees.
Check Policy: If a check written by Buyer is returned due to insufficient funds, Buyer will be assessed a processing
fee as allowed by law, which shall be no less than ($20.00).
Severability: The invalidity or unenforceability of any particular provision of this contract shall not affect any other
provision hereof, and this contract shall be construed in all respects as if such invalid or unenforceable provision
were omitted.
Waivers: No waiver or modification of this Agreement or of any covenant, condition or limitation contained herein
shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any
waiver or modification shall be offered or received in evident in any proceeding, arbitration or litigation between the
parties hereto arising out of or affecting this Agreement, or the rights of obligations of the parties hereunder, unless
such waiver or modification is in writing, duly executed a provided herein. The parties hereto further agree that the
provisions of this paragraph may not be waived except in accordance herewith. The failure of any party hereto to
exercise or otherwise act with respect to any of such party’s rights hereunder in the event of the breach of any of the
terms or conditions of this Agreement by any other party shall not be construed as a waiver of such breach, nor
thereafter prevent such party from enforcing strict compliance with any and all of the terms and conditions of this
Agreement.
Governing Rules and Laws: It is the intention of the parties hereto that this Agreement and the performance
hereunder be construed in accordance with and under the pursuant to the laws of TN and that in any action, special
proceedings or other proceedings that may be brought arising out of, in connection with, or by reason of this
Agreement, the laws of the State of TN shall be applicable and shall govern to the exclusion of any other forum,
without regard to the jurisdiction in which any action or special proceeding may be instituted.
Authority: Each person executing or attesting this Agreement warrants and represents that they are fully authorized
to do so. Each person also stipulates that they have been afforded an adequate opportunity to review this Agreement
DO NOT SIGN THIS BUILDING CONTRACT FORM HEREIN AFTER REFERED AS "BCF" BEFORE
YOU READ IT. YOU ARE ENTITLED TO A COPY OF THE BCF YOU SIGN. (Counterpart, Execution,
Facsimile, Stamped or Electronic Signatures shall be effective as originals.)
Each of the parties expressly agree and consent that this BCF and all other documents specifically related hereto,
"Documents", may be executed using electronic signatures or digital signatures. The parties agree that such
signatures are the same as handwritten signatures for the purpose of validity, enforceability, and admissibility.
The parties agree that this BCF and all other Documents may be executed and then delivered via facsimile
transmission, by scanning and sending PDF or other copies thereof via email or other electronic means and in one or
more counterparts, each of which shall be (i) an original, and all of which taken together shall constitute one and the
same agreement, (ii) a valid and binding agreement and full admissible under state and federal rules of evidence and
(iii) enforceable under UCC Section 3-309 or any other similar statue, the parties hereto agreeing that the possession
of an executed and delivered electronic version of this BCF and any other Documents shall constitute possession of
this BCF or such other Document under UCC Section 3-309 or any other similar statue. The parties may withdraw
consent to receive electronic documents, notices or disclosures at any time. The Party withdrawing consent must
notify the sending party in writing their intent to do so and that the party wishes to receive future documents, notices
and disclosures in paper format.
Complete Agreement: This Agreement embodies the entire agreement and understanding between the parties
hereto with respect to the matters contemplated by this Agreement. Seller, its employees and Dealers are not
responsible for any damages to the Buyer’s property made during delivery of storage buildings. No warranties,
representations, or other statements made outside this writing, either before, simultaneous with, or subsequent to
this Agreement, have been relied upon by either party, nor are any such warranties, representations or other
statements binding upon either party.
BY PROCEEDING WITH PURCHASE AND MAKING PAYMENT, YOU ARE AGREEING TO THE TERMS OUTLINED ABOVE