1. AGREEMENT OF PURCHASE AND SALE: Pursuant to the terms and conditions of this Agreement, the Seller agrees to transfer ownership and deliver possession to the Buyer, and the Buyer shall pay for and accept from the seller, the Good and Services listed herein, in such amounts and at such prices as contained in this agreement.
2. ADDITIONAL SERVICES: If the buyer requests services in additional to those contained in this Agreement and Seller agrees and is able to fulfill such request, the Additional Services shall be billed to the Buyer at the rate of $65.00 per hour. Trip Charge- $250.00 – not included in warranty.
3. RISK OF LOSS: The risk of loss from any casualty to the goods, regardless of the causes, will be the responsibility of the Buyer once the goods have been delivered by the Seller.
4. CHARGES: Buyer is responsible for full payment of Goods and Services as agreed to contain in this Agreement. If Seller undertakes collection or enforcement efforts, Buyer shall be liable for all costs thereof, including attorney fees.
5. WARRANTY: Seller warrants that the goods sold hereunder are free from substantive defects in workmanship and materials. Seller also warrants that all labor is guaranteed for thirty (30) days from date labor was performed. Seller’s liability under the foregoing warranty is limited to replacement of goods or refund of the purchase price at Seller’s sole option. No other warranty express or implied, is made by Seller, and none shall be imputed or presumed. Trip Charge $250.00 – not included in warranty.
6. LIMITATION OF LIABILITY: Buyer hereby agrees that to the fullest extent permitted by law, seller shall not be liable to buyer for any special, indirect or consequential damages whatsoever whether caused by Seller’s negligence, error, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to loss of use of equipment or facility, and loss of profits or revenue.
7. FORCE MAJEURE: Seller shall not be considered in default hereunder or be liable for any failure to perform or delay in performing any provisions of this agreement in the customary manner to the extent that such failure or delay is caused by any reason beyond its control, including any act of God, fire, explosions, hostilities, or war, declared or undeclared, strike or work stoppage involving Seller’s employees, or governmental restrictions.
8. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Texas. Any litigation under this Agreement shall be resolved in the state courts located Dallas County, State of Texas.
9. SERVERABILITY: Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions, had never been contained herein.
10. ENTIRE AGREEMENT: This Agreement constitutes the final, complete, and exclusive statement of the agreement of Buyer and Seller with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous contracts and understandings, both written and oral, between the Buyer and Seller.
11. AFFIRMATION OF THE PARTIES: Buyer and Seller affirm that they have entered into this Agreement Freely, voluntarily, and without reliance in any promises, representations, or other statements not contained in this Agreement and have read and understood this Agreement.
12. Company is only responsible for our “cost” of sign (excluding labor, permit fees, etc.)
13. All Sales Tax will be the responsibility of the customer, unless customer is paying tax.
14. Any and all unpaid work can be re-possessed.
15. STORAGE FEE – $10.00 per day when sign is ready.
16. Company is not responsible for any sign/item left for more than 15 days. Sign will be considered abandoned and sent for recycle – no refund or credit will be given.
17. LANDLORD APPROVAL- Customer for responsible for obtaining their own approval for sign from their Landlord.
18. LED MESSAGE boards: Depreciation value – reduced 40% after 1st month – reduced 5% each additional month and afterward no cash value.
19. Company is only responsible for the cost of the sign, No other damages, liabilities or losses.
20. Job which is not mentioned or charged on the contract will be charged $65 per hour plus material.
21. After 15 days customer will be charged 10% (of ticket amount or $10 a day minimum for storage of the sign are not being picked up). If storage amount is 50% or more than your ticket payment, will be abandoned/recycled, balance amount will be forwarded to you.