RC Aluminum Inc.

RC Aluminum Terms and Conditions

Seller and Purchaser agree to the sale of the specified items for the specified price upon the terms and conditions hereinafter set forth including the description and limitations of all warranties and guarantees incorporated into this contract.

Full payment is due on the day of delivery in cash, or if approved by management, check drawn on U.S. Funds, unless other arrangements have been approved by management and are specified on the face of this contract.

This agreement shall be binding upon the parties hereto, their heirs, successors, and assigns, where signed by the parties hereto or their officers or agents, except as otherwise provided. Execution by any person as purchaser shall bind the person so executing this agreement and the property owner as said person represents that he is the property owner or his lawful agent with actual authority to bind the owner.

The signer acknowledges receipt of a true copy of the contract, acknowledges that he has read both sides and knows the contents thereof, and understands that no other agreement, verbal or otherwise is binding upon the parties, and that this contract front and back, constitutes the entire agreement between the parties.

This contract, as well as any addendums, is not binding until approved by the management of RC Aluminum Inc.

Purchaser has the right to cancel this order by mailing a notice to the seller indicating that he does not want the products described on the front of this contract.

Should the purchaser default on any portion of this contract prior to the fabrication of the above described products, the parties shall herein agree that since it would be impossible to ascertain the sellers damages, the seller shall be entitled to one-half (1/2) of the contract price as and for liquidated and agreed damages, the parties herein acknowledge that said sum is not a penalty.

Should the purchaser default after the delivery of the above described products, seller shall be entitled to all costs of collection of any balance due including reasonable attorney's fees.

This contract shall be considered in default if all payments are not paid are specified on the face of this contract.

10.

The railings and shutters are warranted under a conditional guarantee which is limited to the following warranties:

(A)	RC Aluminum, Inc. guarantees for one full year against defects in manufacturing and workmanship (does not include painted/powder coated finishes).

(B)	Painted/powder coated finishes are warranted by the manufacturers if they should if they should become unserviceable because of color from normal exposure conditions including sunlight, mildew, rot and atmospheric chemicals, providing that required maintenance has been performed and documented. Labor and material are not included. Aluminum castings are not warranted.

(C)	RC Aluminum will provide service personnel at no cost for the adjustment or replacement of parts durring the first year. Thereafter, a reasonable service charge may be required.

(D)	This guarantee applies only to new parts installed by RC ALuminum Inc. and does not apply to existing railings, fasteners, footers, or concrete.

(E)	RC Aluminum, Inc.'s obligation is limited to replace any parts of a product, with the time set forth, providing that after their inspection discloses such part or parts to be defective.

(F)	This guarantee does not apply to any part or parts which have been subjected to misuse, neglect, damage by fire, floods, acts of God or any other casualty including failure to follow instructions for care, maintenance, and operations. In no event shall RC Aluminum Inc. be liable for consequential damages nor shall liability or any claim for damages arising out of or connected with the contract, manufacture, sale, delivery or use of any products, ever exceed the price paid.

(G)	Deterioration of finished surfaces due to exposure to sun, salt, the elements of abrasions, including but not limited to minor complexion blemishes incurred in the manufacturing and/or shipping is not an indicationof defective finishes and not replaceable under this guarantee, however, every effort is made to included the finest finishes available to avoid such deterioration. Regular cleaning/maintenance to remove salt and other foreign matter will validate finish warranty.

(H)	An adjustment made under the guarantee does not void nor does it imply an extension of the original period. Products serviced and/or replaced during the guarantee period carry only the unexpired portion of the original guarantee.

(I)	RC Aluminum Inc. reserves the right to make any changes in design or construction of its product at any time without incurring any obligation to make change whatsoever to products previously delivered.

11.

Title, ownership and right to possession of the above described property shall remain with the seller and does not pass to the purchaser until the total amount of the contract has been paid in full.

12.

The parties herein acknowledge that any delivery dates stated on the contract are approximate only and the parties agree that delay in delivering the products shall not be reason for concellation of this contract.

13.

RC Aluminum Inc. agrees to use due caution in installing their products, but assumes no responsibility whatsoever for damages to concealed lines, such as but not limited to, electrical, plumbing, air conditioning or damage to wall, ceiling, and flooring surfaces or surrounding landscape.

14.

The parties herein agree that the site drawing (if available) supplied by the purchaser refelcts accurately the design and layout of the building. Actual measurements to be confirmed by RC Aluminum and drawings to be submitted reflecting suck dimensions.

15.

In the event extra trips to the job site are required by construction delays or site modifications after measurements are taken, or lack of free access, the purchaser agrees to pay extra charges for additional mileage and labor.

16.

If RC Aluminum is unable to complete the work specified in the contract by reason of charges in government (local, state, federal) requirements, ordinance or regulation, purchaser agrees to pay any cost incurred by RC Aluminum to comply with the new changes.

17.

If any action is brought to enforce this contract or for damages or for any other relief, the parties herein agree that the action shall be in Volusia County, Florida, the location of the company's main office and headquarters, and the parties herein agree and stipulate that Volusia County shall be the county where most venue most property lies.

18.

Permit and Engineering costs are not including, unless stated, and will be involved at final billing.

Date:

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