Sale of Structure. Buyer agrees to purchase from Seller and Seller agrees to sell to Buyer, the Structure purchased in the online store subject to these terms, conditions and representations contained herein.
Purchase Price. The purchase price for the Structure shall be as outlined and described in the online store. Buyer acknowledges and agrees that the Purchase Price is solely for the Structure and does not include any other expenses, including without limitation, delivery or pickup of the Structure, installation of the Structure, the concrete base, and such other related costs.
Payment of the Purchase Price. The Purchase Price shall be payable as follows:
(a) Buyer agrees to pay to Seller the sum of One Thousand Dollars ($1,000.00) by credit card, wire transfer of immediately available funds (wire instructions to be provided by Seller) as the down payment towards the purchase of the Structure (the “Down Payment“);
(b) Upon the receipt of the Down Payment, Seller shall coordinate with Buyer to obtain any remaining details associated with the purchase of the Structure. Within Thirty (30) days following receipt of the Down Payment, Buyer shall pay to Seller, the remaining balance of the Purchase Price. Upon receipt of the full Purchase Price, Seller shall begin constructing the Structure.
(c) Within Forty-Eight (48) hours after receiving the Down Payment, Seller shall contact Buyer to provide a copy of the Purchase Agreement governing the sale of the Structure. After receiving a signed copy of the Purchase Agreement and the remaining balance of the Purchase Price, Seller agrees to commence construction of the Structure.
Refunds. Upon receipt of the full Purchase Price, Seller shall begin manufacturing and constructing the Structure. Once manufacturing and constructing begins, the entire Purchase Price becomes non-refundable to Buyer. BUYER EXPRESSLY ACKNOWLEDGES THE NON-REFUNDABILITY OF THE PURCHASE PRICE ONCE CONSTRUCTION COMMENCES.
Delivery and Risk of Loss. The parties acknowledge and agree that delivery of the Structure from the Location shall be procured and made at Buyer’s sole expense f.o.b. at the delivery point provided by Seller. Risk of loss of the Structure shall pass from Seller to Buyer when the Structure are loaded on the transport of Buyer or Buyer’s common carrier at the Location. Seller shall notify Buyer when the Structure is completed and ready for pickup, no later than two (2) weeks prior to its completion date. Seller shall provide Buyer with thirty (30) days-notice of construction completion. In the event that Buyer does not make arrangements to pickup the Structure within the thirty (30) days, Seller shall have the right to sell the Structure to a third party and Buyer agrees to waive any claim for reimbursement or refund.
Representations and Warranties of Seller. Seller covenants, warrants and represents to Buyer as follows:
(a) Seller is a limited liability company organized and in good standing in the State of South Dakota.
(b) Seller is the owner of all right, title, and interest in the Structure, and the Structure is free and clear of all liens, claims, and encumbrances.
(c) Seller has full legal right to transfer and convey absolute ownership of the Structure to Buyer.
Representations and Warranties of Buyer. Buyer covenants, warrants and represents as follows:
(a) Buyer is solely responsible for the procurement and costs of delivery of the Structure.
(b) Buyer is solely responsible for procurement and costs of assembly and installation of the Structure.
(c) Buyer acknowledges and agrees that the Structure requires a concrete base, and that Buyer is solely responsible for the procurement and costs associated therewith.
(d) Buyer is solely responsible for the procurement and costs of any and all electric, plumbing, and utility work relating to the Structure.
(e) Buyer expressly acknowledges that the Structure may not be compliant with International Building Code (“IBC”).
Disclaimer of Warranties. THE STRUCTURE IS BEING PURCHASED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE STRUCTURE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE STRUCTURE SHALL BE WITH BUYER. SHOULD ANY PORTION OF THE STRUCTURE PROVE DEFECTIVE IN ANY RESPECT, BUYER SHALL ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SELLER DOES NOT REPRESENT OR WARRANT THAT THE STRUCTURE IS COMPLIANT WITH IBC CODE IN ANY MANNER.
Further Assurances. The parties shall execute and deliver all such documents and do such acts as are necessary to effectuate these terms and condition, including any documents, instruments, certificates, agreements, or other writings following these terms and conditions.
Severability. Should any provision or provisions of these terms and conditions be held to be illegal or unenforceable, then the balance of these terms and conditions shall, nevertheless, remain in full force and effect, irrespective of the importance of any provision or provisions which may be so held to be illegal or unenforceable.
Governing Law; Forum. These terms and conditions shall be governed under the laws of the State of South Dakota, without regard to its conflict of laws principles. Any dispute having its origins in the provisions of these terms and conditions shall be venued in the Courts of the State of South Dakota, Second Judicial Circuit, Minnehaha County. Buyer and Seller irrevocably consent to the jurisdiction of such courts for purposes of these terms and conditions.