Sales terms and Conditions
GENERAL INFORMATION, TERMS and CONDITIONS
TERMS Awnings will be manufactured and installed according to the standard practices of SUNAIR, and the best judgment of it’s representatives, unless otherwise specified by the buyer, and noted herein as a condition of sale. Work will proceed after a signed and dated contract is received with a required deposit (33% residential, 50% commercial). Merchandise is payable in full upon receipt of delivery. A service charge of 1 ½ % per month (annual rate of 18%) will be added after due date. Any alterations or deviations from the quoted specifications involving extra costs, will become an extra charge over and above the estimate. SUNAIR reserves the right to make an equitable adjustment in the event of an error by a salesperson. The customer is responsible for obtaining all permits and/ or licenses from the appropriate government agencies if necessary. If the permit or licenses are denied for any reason, the customer is still responsible for all financial and other obligations pursuant to this agreement. SUNAIR does not supply electrical hook-up or fixtures.
CREDIT CARD PURCHASES (if applicable) The purchaser agrees to pay all incurred costs for merchandise and labor upon completion. The purchaser forfeits his right to dispute charges with their credit card company upon their receipt of merchandise or service without prior written notice from SUNAIR. The purchaser also realizes that if for any reason his/her credit card company does not pay the amount authorized for each purchase, he/she will be financially responsible for payment in full.
CANCELLATIONS/RETURNS The order is final and binding. Any subsequent changes are subject to our ability to conform and are dependent upon factory approval. All Cancellations and changes has to be made in writing. Handling charge may be imposed for all approved cancellation or changes so as to indemnify us against loss. If merchandise is custom manufactured, no items are subject to return. FOR RETAIL: See Notice of Cancellation Form for further details; cancellation cannot be accepted after 72 hours following the placement of the order; it must be in writing.
DELIVERY SUNAIR shall upon receipt of your order and deposit proceed in an expeditious manner to accomplish installation or delivery within the proposed time. However, all orders may be subject to delay or failure of delivery due to strikes, lock outs, fires, floods, storms and Acts of God, production schedules, change orders or other causes beyond our control. Customers right to possession are applicable only upon receipt of full payment. Until that time customer agrees merchandise will be the property of SUNAIR. The purchaser acknowledges his/her duty to inspect the merchandise and notify SUNAIR of any defects prior to final payment.
HOLD HARMLESS AGREEMENT SUNAIR is not liable for injuries or damages to persons or property occurring as a result of purchase of merchandise caused by fire, lightning, windstorm, rain, snow, hail, vandalism, neglect, misuse or any and all Acts of God. The purchaser acknowledges that he/she understand the proper use and maintenance. See Warranty for further details.
COLLECTION COSTS If legal action should be necessary the purchaser agrees to pay all reasonable collection, attorneys, court fees and other expenses involved in the collection of the charges of the enforcement of SUNAIR’s rights under this contract. Upon default by purchaser in the payment of the purchase price, SUNAIR may without notice, repossess the said merchandise. Due to the custom nature of the merchandise SUNAIR may retain any and all payments already made for costs and holding the purchaser responsible for any remaining deficiency. In case of re-installation the purchaser agrees to pay additional installation cost. If legal action shall be necessary, purchaser agrees to pay reasonable attorney's’ fees and court cost involved in effecting such repossession, or collection. Both parties agree that the terms of this agreement shall be governed by the laws by the state of Maryland and further agree that the venue for any action brought by creditor to enforce any terms of this agreement shall be in Howard County, Maryland.
PLACING ORDER BY PURCHASER FOR THE MERCHANDISE HEREIN DESCRIBED SHALL CONSTITUTE ACCEPTANCE OF THE TERMS OF THIS CONTRACT AND CONDITION OF SALE.