1. Buyer must present all claims that there is a shortage in delivery in writing
to seller within 10 days after receipt of merchandise. Failure of Buyer to so present
any claim shall constitute a waiver thereof, and Buyer shall have no such claim against
2. Buyer cannot cancel orders unilaterally under any circumstance. If cancellation
or modification is agreed to by Seller, Buyer will promptly pay all reasonable engineering
and other expenses incurred by Seller in connection withy this contract, together
with damages suffered by Seller.
3. The title and right of possession of the material covered by this sale shall remain
with Seller until full payment thereof shall have been made. Any shipment and delivery
hereunder, whether or not a stated installment, shall be treated as a separate sale
and payment therefore shall be separately made at Seller’s office when due as herein
provided. If any part of the merchandise is not delivered by Seller or is not in
accordance with this contract, the contract for the remainder of the merchandise
and the Buyer’s obligations hereunder shall not be affected thereby.
4. The indebtedness due and to become due to Seller under this contract and any other
indebtedness to Seller by Buyer, are secured by and Buyer does hereby grant to Seller
a Chattel Mortgage lien upon all materials sold to Buyer under this contract, and
all such materials shall remain personal property and title to all such materials
shall remain in Seller until all such indebtedness due Seller, together with interest
and other charges, is fully paid to Seller. By acceptance of this Chattel Mortgage
lien, Seller does not waive it’s constitutional and statutory Mechanic’s or Material
man’s lien on such materials, and such Mechanic’s or Material man’s lien is hereby
expressly retained. Failure to pay any installment when due shall, at the option
of the Seller, and without notice, mature all installments, whereupon the total indebtedness
shall be due and payable at once. After delivery to job site and until the purchase
price is paid in full, Buyer shall keep all materials herein contracted to be sold
fully insured against lost or damaged in an amount equal to the full amount of the
unpaid purchase price, which policy shall be payable to Seller as its interest may
appear. Buyer shall be responsible for all lost or damage to materials after delivery
to job site.
5. Any payments deferred after the due date as specified herein shall bear interest
at the highest rate allowed by law. If this contract is placed in the hands of an
attorney for collection or if collected through probate, bankruptcy or any other
legal proceedings, Buyer agrees to pay attorney’s fees which shall not be less than
twenty percent (20%) of the full amount of principal and interest then due.
6. Seller reserves the right, previous to any shipments, to require from Buyer satisfactory
security for performance of Buyer’s obligation.
7. If this contract includes erection, the erection price quoted shall be increased
by the amount of, and Buyer agrees to pay to Seller in addition to such quoted erection
price, all expenses reasonably incurred by Seller in connection with such erection
work due to (a) inaccessibility of the building site, (b) obstacles on the building
site resulting in delay in delivery or materials and/or erection equipment and progress
cause by (1) interruption by buyer, its agents, servants, or employees or those under
contract with Buyer, (2) other causes beyond the control of Seller (c) all changes,
corrections or modifications or concrete slab (d) unavailability of temporary electric
power within 150 feet of building site.
8. If the agreed terms of payment show a C.O.D. balance due from the Buyer upon delivery
payable by certified or cashier’s check and such funds are not ready and available
immediately upon arrival of materials causing delays in unloading, then any damages
incurred for lost labor, equipment cost, freight cost, or other expenses shall be
charged to the Buyer.
9. Seller reserves the right to change or modify the design and construction or to
substitute material equal to or superior to that originally specified.
10. This contract is enforceable in Dalton, GA and shall be construed in accordance
with the laws of the State of Georgia regardless of the location of the work performed
hereunder. This agreement is performable in Whitfield County, Georgia. The parties
hereto agree that venue shall be in Dalton, Whitfield County, Georgia for any and
all claims or disputes arising out of all transactions between Apex Buildings and
11. Customer to provide insurance for loss, theft, or damage of property or materials.
In the event of partial loss, theft, or damage to the property or materials, customer
agrees to pay for reasonable cost of repairs.
12. All payments or moneys due Apex Buildings under the terms of this sale shall
be paid to Apex Buildings at its office in Dalton, Whitfield County, Georgia.
13. All materials sold hereunder are sold F.O.B. Apex Buildings’ plant unless it
is agreed to by both Apex Buildings and Buyer in writing to ship materials F.O.B.
destination. Apex Buildings reserves the right to approve the carrier on all C.O.D.
14. Buyer assumes responsibility for the accuracy of verbal orders unless written
confirmation is received prior to fabrication. Confirming orders should be marked
“Confirming Order – Do Not Duplicate.”
15. If at Buyer’s request, the delivery of materials is delayed, then Apex Buildings
shall invoice Buyer for the price of materials, which invoice shall be due in accordance
with the terms of payment provided herein. If progress of construction is delayed
then all labor and overhead shall be billed as above.
16. Buyer will reimburse Apex Buildings for the cost of storing materials if shipment
is delayed by Buyer and will assume any damages to the materials caused by deterioration.
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