The Watson Family's Full-Service Sign Company
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TERMS AND CONDITIONS
1. PRICING. Signs Manufacturing Corporation, Signs Manufacturing and Maintenance Corporation or Sunburst LED Displays, LP may invoice for this sale. Signs Manufacturing™, as used in these Terms and Conditions of Sale, refers equally and/or exclusively to Signs Manufacturing Corporation as well as Signs Manufacturing and Maintenance Corporation and Sunburst LED Displays, LP. The price of the Sign includes material and labor as hereinafter described only. It does not include any costs related to installation or permit costs, city or state taxes, engineer's fees or any additional charges incurred by landlords or shopping centers unless specifically stated. All orders received by Signs Manufacturing™ must be accompanied by a fifty percent (50%) down-payment, additional in the case of purchased electronic message centers, before actual work on the order will begin. The total balance must be paid prior to the day of shipment or installation unless special arrangements have been made in advance and are specified herein. A delivery charge will be required on all delivered orders. Installation prices quoted are subject to revision where unforeseeable foundation conditions are encountered. Should Purchaser not be ready for delivery when the sign is completed, Signs Manufacturing™ may require ninety percent (90%) of the total balance to be paid in full. The remainder of the balance will be required upon delivery or at the end of 90 days if still not ready for delivery. Signs Manufacturing™ is not responsible for undelivered merchandise. Under no conditions will any items be held beyond 90 (ninety) days after manufacturing completion, unless stated in this agreement. A Late Payment Fee of not more than 1.5% (18% APR) will be assessed monthly on an uncollected balance. This is a separated Contract (materials and labor are accounted for separately for sales tax purposes, which MAY save on sales tax.) Our invoices are the controlling part of this contract.
1a. CONSERVE YOUR NEST EGG™ PRICING ALTERNATIVE. Only if specifically stated in writing will Signs Manufacturing™ delay the fifty percent (50%) down-payment above and begin the permitting process while the customer arranges credit with our advice. Customer will provide Signs Manufacturing™ with a $330.00 payment for an attached sign, $830.00 for a detached sign, so that the permitting process can begin. These amounts are refundable when full-price financing is arranged and the financing company has accepted our deposit billing.
2. PERMITS, INSPECTIONS AND FEES. Signs Manufacturing™ shall, with Purchaser's assistance, obtain all public permits, licenses, documentation and inspections required, as of the date of this Sale, for the installation and governmental approval of the Signs, unless otherwise provided herein. Purchaser appoints Signs Manufacturing™ and its employees as Attorney-In-Fact (Agent) with full power to represent Purchaser in all matters when dealing with municipalities and contractors. Agent is authorized to agree to all terms and conditions as he shall deem proper. Purchaser shall pay, or promptly reimburse Signs Manufacturing™ for its payment of such costs and fees. Purchaser shall obtain and pay for all private permits and permissions which may be necessary for the installation and use of the Signs. Signs Manufacturing™ will not assume responsibility for the consent of public authorities, owners, or lessee for the installation of sign. The Purchaser is responsible for payment of any work performed on sign before all permits are secured, in the event a public or private permit is refused. Signs Manufacturing™ shall not be obligated to commence manufacturing of the Signs until all necessary permits and licenses have been obtained. If the initial public permits and licenses are not obtained after reasonable efforts by both parties, this Sale shall terminate without liability to either party. Purchaser shall obtain and pay for all public and private permits, licenses, inspection fees and permissions necessary for Signs Manufacturing Corporation’s removal of the Signs upon the termination or cancellation of this Sale for any reason.
3. PERFORMANCE. Upon acceptance of this Sale by Signs Manufacturing™, Signs Manufacturing™ shall diligently begin performance hereunder, but Signs Manufacturing Corporation’s performance hereunder shall always be subject to any delays resulting from fire, war, earthquake, tornado, flood, strikes, labor disturbance or disputes, breakage, unforeseen commercial delays, acts of God, or circumstances beyond the control of Signs Manufacturing™, or negligence or deliberate act of Purchaser, its agents, employees, contractors, or third parties.
4. INSTALLATION WORK. The Purchaser is responsible for all electrical connections to all signs unless specifically included herein. The Purchaser is responsible for providing all pitch-pans and steel necessary to attach sign. The purchaser is responsible for additional charges incurred due to unforeseen conditions including those encountered in digging or drilling.
5. WARRANTIES. If any part of a properly powered electric sign both manufactured and installed by Signs Manufacturing™ fails in the first year of service, Signs Manufacturing™ will provide parts and service at no charge. Other new signage, except Sunburst Displays™ and Broadway Digital LED Signs™, both manufactured and installed by Signs Manufacturing™ carries a 90 day workmanship warranty, effective from our installation date,. Sunburst Displays feature a three year warranty. There is no warranty if the electrical system supplying power to an illuminated sign does not meet the requirements of the current National Electrical Code. Extended warranties, when purchased, extend the initial warranty on electric signs to 3 years total, on Sunburst Displays™ to 6 years total. Additionally, Signs Manufacturing™ will discount our normal labor charges 20% after the initial warranty period to both the initial purchaser and any subsequent owner. Signs Manufacturing™ provides a one year warranty on any parts we replace in a sign, lamps excluded. Solarbrite™ LEDs feature a 5-year parts warranty. Broadway Digital LED Signs™ carry a three year parts only warranty. These warranties become void immediately should the Purchaser not adhere to the conditions of this Sale, including complete payment within 30 days of installation. Signs Manufacturing™ is not responsible or liable in any way for breakage or damage to sign after installation has been completed. The Signs Manufacturing Corporation’s warranty will become void should anyone other than a Signs Manufacturing™ employee perform any work, other than electrical work related to installation of sign. Signs Manufacturing™ will assist Purchaser in obtaining any available warranty repair and/or replacement from our parts/components Suppliers, but the parties understand and agree that Signs Manufacturing™ is not responsible or liable in any way for providing Suppliers warranty or warranty service. The parties understand and agree that THE EXPRESS WARRANTIES HEREIN CONTAINED ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR ANY PARTICULAR PURPOSE. PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING ON SIGNS MANUFACTURING CORPORATION’S SKILL OR JUDGEMENT TO SELECT, FURNISH, INSTALL OR MAINTAIN SIGNS SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE NO WARRANTIES WHICH ARE NOT CONTAINED IN THIS SALE. Purchaser warrants and represents to Signs Manufacturing™ that the Signs shall not be used for any personal, family, or household purposes whatsoever.
6. DEFAULT BY PURCHASER. This Sale may not be unilaterally terminated by either party; provided, however, that if Purchaser shall fail to pay as agreed, Signs Manufacturing™ may, at its sole option and without demand or notice to Purchaser, cancel this Sale and remove the Signs. In such event, all amounts shall remain immediately due and payable together with all past due amounts and any other amounts due hereunder. Purchaser agrees to pay to Signs Manufacturing™ all such amounts, plus any other amounts due to Signs Manufacturing™ under this Sale, which aggregate sum Purchaser agrees shall constitute the actual liquidated damages Signs Manufacturing™ shall have sustained by reason of Purchaser's default under this Sale and not a penalty. Purchaser further agrees to pay Signs Manufacturing™ its reasonable costs and expenses, including without limitation reasonable attorney's fees incurred in the collection of any damages that shall accrue to Signs Manufacturing™ under the terms of this Sale. Upon the termination or cancellation of this Sale for any reason, Signs Manufacturing™ may enter upon the premises where the Signs are located and remove the Signs to Signs Manufacturing Corporation’s facilities in Dallas, or elsewhere. Upon termination or cancellation of this Sale for any reason, Signs Manufacturing™ shall have no obligation to replace, restore or repair any property, item, fixture, structure or part of the premises which was affected by the installation and/or maintenance of the Signs. In the event Signs Manufacturing™ removes the Signs pursuant to the provisions of this Paragraph, Purchaser shall pay to Signs Manufacturing™ all of the expenses of removal. Removal of Signs will result in additional fees for reinstallation after full payment has been made.
7. OWNERSHIP. Purchaser expressly agrees and understands that at all times title and ownership of the Signs shall remain vested with Signs Manufacturing™ and the Signs shall be the sole and exclusive property of Signs Manufacturing™ until such time as all financial and other obligations of Purchaser created by this Sale have been fulfilled. Purchaser acknowledges that the Signs are and shall remain personal property even if installed or attached to real property and that the Signs shall not be or become, or be deemed to be, fixtures or appurtenances to real property because of installation or attachment thereto, and that the Signs shall be severable from such real property by Signs Manufacturing™ until such time as all financial and other obligations of Purchaser created by this Sale have been fulfilled. Purchaser agrees and covenants that any and all drawings, designs, diagrams, plans and specifications, technical descriptions, illustrations, blueprints, schematics, brochures, schedules, cost-price analyses, terms and conditions, and any other work product or data which are prepared by Signs Manufacturing™ (the "Documents") in connection with the construction, installation, erection, or maintenance of the Signs, or the labor, materials and equipment in connection therewith, are to be returned to Signs Manufacturing™ by Purchaser upon request, may not be copied or reproduced in any form without written permission first obtained from Signs Manufacturing™, and are to remain the special and unique property and proprietary and confidential information of Signs Manufacturing™. Purchaser covenants and agrees that Purchaser shall not, directly or indirectly, incorporate, implement, abridge, employ or otherwise use any portion or all of the Documents with respect to any other signs, electric advertising displays, or any other project which Purchaser or any third party may thereafter construct, install, erect, maintain, purchase or lease at any time. Purchaser further agrees and covenants that Purchaser will use its best efforts and exercise utmost diligence to protect and safeguard the Documents. The trade names EZ Install Signs™, Trembler™, Brighter Signs™, Ultra-Bright Signs™, Solarbrite™, LetterLites™, Signs Marketplace™, Conserve Your Nest Egg™, Sunburst Displays™, Broadway LED Signs™, PinLights™, EnergyStar Signs™, Pay as You Grow Lease/Purchases™ and Signs on Time™ Leases are the property of Sign Marketing, Incorporated. OptiGard™, Lumabrite™, Signlux Paint Systems™, and SolarGuard™, are the special and unique property of Solar Finishes, Inc. SuperGuarantee™ is the exclusive property of SuperMedia. In the event of a breach or threatened breach by Purchaser of the covenants of this Paragraph, Signs Manufacturing™, Solar Finishes, and Sign Marketing shall be entitled to relief by injunction or otherwise, in addition to all other remedies, both legal and equitable, and shall be entitled to recover its attorneys' fees and costs reasonably related to the enforcement of Signs Manufacturing Corporation’s rights under this Paragraph. Purchaser agrees and covenants that all covenants of this Paragraph shall continue in full force and effect so long as a possibility of the breach by Purchaser of such covenants or any term or condition of this Sale exists.
8. GOVERNING LAW. The terms and provisions of this Sale shall be governed by and construed in accordance with the laws of the State of Texas. This Sale is made and is performable in Dallas County, Texas. This Sale is not binding upon Signs Manufacturing™ until it is accepted by an executive officer of Signs Manufacturing™ at Dallas, Texas. THE PARTIES HEREBY RECOGNIZE THAT THE STATE OF TEXAS IS A CONVENIENT AND PROPER FORUM FOR ANY LAWSUIT ARISING OUT OF THIS CONTRACT. FOR THE PURPOSES OF SUCH LITIGATION, EACH PARTY AGREES TO SUBMIT TO THE PERSONAL JURISDICTION OF ALL PROPER COURTS LOCATED IN THE STATE OF TEXAS. This Sale is not intended to preclude litigation in any other proper forum, nor is it intended to supersede or replace any statute, rule or other law relating to the choice of the proper court within the State of Texas. We are regulated by the Texas Department of Licensing and Regulation, P. O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599; website: www.license.state.tx.us/complaints. License# TSCL 18015, TSCL 18016, TECL 17503.
9. OTHER. This Sale is binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns, but the intent of Purchaser hereunder shall not be assigned by Purchaser, or assignable or transferable through operation of law or otherwise, without the prior written consent of Signs Manufacturing™. Any assignment shall be expressly subject to all terms and provisions of this Sale. In the event of any assignment, Purchaser shall remain fully liable for the full performance of all Purchaser's obligations under this Sale. No waiver by either party of the breach or nonperformance of any provision of this Sale shall be construed to be, or operate as, a waiver of any subsequent breach or nonperformance hereof. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. Any notice required to be given hereunder shall be addressed to the other party at its address set forth in this Sale, or at such other address as such other party may from time to time by such written notice designate to the other. Purchasers acceptance of this Sales Order and these Terms and Conditions is acknowledged by Purchaser’s signature on the face of this document, approval by fax or email, filing a lease application, by his written or verbal approval of drawings or other Work Product prepared by Signs Manufacturing™ if requested by purchaser in writing, or by payment of a deposit.
10. CHANGE ORDERS. Any change to this written contract MUST be made online at http://www.signsmanufacturing.com/change.htm using the form provided. Emails, faxes and changes made over the phone are not acceptable. Signs Manufacturing™ assumes no responsibility for improperly communicated changes to this written contract.
Copyright 1979 - 2013 Signs Manufacturing™ ALL RIGHTS RESERVED
4610 Mint Way, Dallas, Texas 75236 214-339-2227
FOR ORDERING OR ASSISTANCE CALL:
214-339-2227 254-582-7446 817-861-1234 903-561-5959 940-365-3433 972-850-3300