The Company hereby warrants all materials to be as specified and that all work shall be performed in a workmanlike manner, according to accepted standard practices. THIS EXPRESS WARRANTY EXCLUDES ALL OTHER AGREEMENTS, REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Buyer understands that all vinyl coated and fabric materials will expand and contras when exposed to changing temperatures and weather conditions. These materials may be used to construct awnings, trim, and binding and The Company cannot warranty these materials against wrinkling and shrinkage. Any necessary sewing or stitching of material will be done with white thread.
Acrylic material is not waterproof. It has a tendency to leak when wet. (Sunbrella, Dickson Constant, Mercedes. etc.) Buyer shall have a manufacture’s limited pro rated warranty on fabric (material only), whether manufactured from vinyl-coated fabric or other fabric types, provided the awning has been maintained and cleaned regularly. The Buyer’s failure to maintain and clear the awning regularly could result in the fabric not meeting its intended life expectancy and voiding this warranty. The Company recommends cleaning every three months.
Lateral arm awnings (“Retractable Awnings”) are designed for sun protection only, not for rain protection. The Company cannot warrant Retractable Awnings against collapse or damage resulting from rain, severe weather, or winds in excess of 30 m.p.h. During such time, the Buyer is advised to keep these awnings retracted. The Company recommends that Buyer use only acrylic fabric with Retractable Awnings, use of any other fabric voids the Company’s warranty.
The Company shall not be responsible for loss or damage to Buyer’s business or properly or injury or death to persons; Buyer shall indemnify the Company and hold it harmless from any claims for any of the foregoing.
The parties agree that Buyer’s sole and exclusive remedy against the Company shall be for the repair or replacement of any awning materials, which are defective when delivered. In no event shall the Company 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 to the Company within twenty (20) days after the Buyer receives the awning materials or it will be conclusively presumed that the awning materials were as ordered and were received in good condition. Notice to the Company of any defects, discrepancies or objections must be delivered in writing via certified or registered 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 materials delivered by the Company hereunder shall be deemed to correspond with their description, when they correspond with the sample which teas been produced to, examined and selected by the Buyer. Since aesthetics is an important factor in our industry and since the Company’s services are essentially to transform canvas and metal into pleasing designs, it is sometimes necessary to alter Buyer’s layout and/or specifications to make them conform to available materials, acceptable tolerances and engineering or regulatory constraints. The Company reserves the right to make such changes. The Company also reserves the right to cancel this contract if engineering changes required by a governmental entity or permitting authority increase the Company’s materials and/or labor costs by more than 5%.
THE COMPANY WILL NOT BE RESPONSIBLE FOR THE USEFULNESS OF ANY FRAME NOT BUILT OR INSTALLED BY US, UNLESS WE ARE AUTHORIZED BY THE BUYER TO REBUILD SAME TO THE COMPANY’S SPECIFICATIONS. All awning materials used by the Company have been treated with a mildew inhibitor. Mildew is micro-organic bacteria, which can grow on any material, metal, glass or plastics, BUT WE OFFER NO GUARANTEE WHATSOEVER THAT MILDEW WILL NOT OCCUR.
It is hereby expressly acknowledged, understood and agreed that this is a contract for a special order of custom fabricated goods and materials and the Buyer cannot alter, revoke or cancel the same without the specific written consent of the Company.
The estimated delivery date of this order is subject to contingencies beyond the control of the Company, including but not limited to fires. Strikes, lockout, inability to secure material, labor or transportation, inclement weather, accidents, Acts of God and unavailability of the Buyer. In the event of the occurrence of such contingency, the estimated delivery date shall be extended by equal duration to the extent of the duration of such contingency.
Buyer agrees to pay the Company the full balance of the purchase price immediately upon completion and delivery of the material and work to the Buyer and time of such payment shall be of the essence. No back charges will be accepted. The Company shall retain title to all goods pending receipt of the entire purchase price.
The Buyer covenants and agrees that upon his default by the failure to pay any part of or the entire purchase price when due or otherwise, the Company shall, at its option, have the right to:
Without judicial action, take possession of all said property and all payment 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. Permission is granted to re-enter the property to remove said property; the Company is granted permission to re-enter the Buyer’s land or structure to remove said property; and/or,
Bring legal action to collect all monies due the Company under the terms of this agreement; and/or,
Enforce and foreclose a lien against the said property without further notice to the Buyer; and/or,
Pursue any other remedy available to said company in law or in equity.
The Buyer covenants and agrees to pay reasonable attorney’s fees and costs to the Company in the event the Company incurs such fees and costs in enforcing its rights under the terms of this contract, including attorney’s fees incurred in obtaining and enforcing a judgment and/or pursuing on defending an appeal. Any legal action brought by either party shall be governed by Florida law and shall, at the Company’s election, be brought in Broward County, Florida, or a different county if necessary to enforce the Company’s lien rights or other remedies.
This proposal by the Company shall expire thirty (30) days after date of issue, but is subject to withdrawal during such time if notice to that effect is given before written acceptance by the Buyer. The only terms of the agreement between the Buyer and the Company are those set forth in this document, and these terms may be changed or modified only by a writing signed by both parties.
After acceptance of this proposal, any delay by the purchaser may result in a change of price corresponding to any change in the cost of labor or raw materials.
A charge of 1-1/2% per month or fraction thereof (18% per annum) shall be added to all delinquent accounts.
Occasionally after installation, “pinholes” can be found in the awning cover. This is not a result of fabric quality, and does not affect the long-term performance of your awning cover. Should this occur, we will address the pinholes to keep water from coming through your awning cover. Once we have addressed this issue, we can guarantee, in writing, that your awning cover will not fail as a direct result of the original pinholes, for a period of five (5) years from the date of installation.
Over time, awnings experience a great deal of environmental hardship from day-to-day exposure to the elements. This exposure may cause the awning cover to fade and lose color, become brittle and hard or even lose material surface from what is known as “plasticizer migration”. Given these conditions, we know that removing a cover that has aged may result in any combination of the following conditions; “pinholes”, cracks, small tears, wrinkles and/or “crazing”. In addition, once older awning covers are removed from the frame, they tend to readily attract dirt, smudges and marks. Therefore, if your awning cover has outlived its life expectancy and we remove it from the frame for storage, cleaning and/or maintenance, we cannot guarantee or provide remedy against the above possible conditions.Buyer acknowledges that awnings and marine canvas are not waterproof and will leak, the company will not warranty leaks or wrinkles to canvas and vinyl awnings and marine canvas.
Buyer acknowledges that awnings and marine canvas are not waterproof and will leak, the company will not warranty leaks or wrinkles to canvas and vinyl awnings and marine canvas.
