Delivery & Ownership.
Any delivery dates or other schedule of performance by Seller are approximations. The sole obligation of Seller with respect to the schedule of delivery or performance will be to use commercially reasonable efforts to deliver the goods and or services, or otherwise to perform, consistent with the reasonable demands of its business. In any event, Seller will have no liability to Buyer or any other person for delays in performance due to strikes or labor disputes of any type; accidents, fire, floods, acts of God, or actions by governmental authorities; acts, omissions, or delays of Buyer or any other third party; shortages of labor; or without limitation of the above, for any causes reasonably beyond the control of Seller.
All orders are accepted by Buyer with the understanding that Seller shall not be liable for delays in delivery or installation of goods or inability to deliver goods caused by or due to inability to obtain transportation, equipment, or material, or by reason of insurrection, fires, floods, storms, embargoes, actions of any military or civil authorities, whether legal or de facto, strikes, labor difficulties, riots, lockouts, acts of God, or other similar or different circumstances beyond the control of Seller.
All costs of freight, transportation, mailing (unless prepaid), and other transportation charges shall be paid by Buyer. The buyer shall also pay for all increased freight rates whether prepayment for freight rates have been received or not. Freight across any body of water is not included and is an additional charge. Failure to notify that crossing a body of water is required constitutes a fine of $ 500.00 plus the costs of additional ferry or other fees incurred.
The customer is responsible for being prepared to take delivery and will be responsible for any freight charges due to undeliverable flagpoles due to inaccurate addresses or unavailability. Flagpoles are delivered on a 53' truck in most instances. Make sure that your location can accommodate that delivery. By placing an order, you confirm that you are able to receive Semi Truck Freight shipments at the shipping address specified, that shipping fees for rejected or undeliverable freight shipments will not be refunded and you will pay for all return to origin freight charges.
If you need different arrangements or more information, please contact us before ordering at 248-634-7183.
As security for payment of all amounts due to Seller, Buyer grants to Seller a security interest in all products and services sold by Seller to Buyer, and Seller will have all rights of a secured party under the Uniform Commercial Code with respect to the product or services. Buyer appoints Seller as its attorney-in-fact with authority, at Seller’s option, to take actions as Seller deems reasonable in the circumstance to perfect the above security interest in any one or more jurisdictions, and Buyer shall pay all applicable filing fees.
Goods Resold by Buyer:
If goods are resold by Buyer, Buyer will include in its agreement resale provisions that limit recoveries in accordance with this Agreement. In case of Buyer’s failure to include in any agreement for resale the terms providing for such limitations, Buyer will indemnify and hold Seller harmless against any liability, loss, cost, damage, or expense (including reasonable attorney fees) arising out of or resulting from the failure.
Flagpoles Etc is a company that you can trust to get the job done right, the first time!
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