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CONSTRUCTION/HOLD HARMLESS: Manufacturer and/or its Affiliated
Companies are not involved in construction. Upon request,
Manufacturer and/or its Affiliated Companies may supply the name(s)
of contractors to install the concrete or to perform other work
pertaining to the installation, placement and erection of the
unassembled building components. Owner, Owner's agent, and
Consultant will hold Manufacturer and Affiliated Companies harmless
and indemnify them for all costs, losses or damages (including
attorneys fees and costs) pertaining to construction or erection of
the unassembled building components, and acknowledge that
Manufacturer and Affiliated Companies have not investigated such
contractors, and that provision of the name(s) does not constitute
a recommendation of the skill, competence, or construction safety
standards of any contractor. Owner agrees to independently check
the references of Consultant and any contractors (concrete,
erection, etc.) involved in assembling the building components, and
agrees to be comfortable and rely solely on his own investigation
of such matters. Owner, Owner's agent and Consultant are solely
responsible for compliance with all safety laws and requirements
during construction. Manufacturer is not a party to this
Agreement; however, Owner, Owner's agent and Consultant will hold
Manufacturer and its Affiliated Companies harmless of any liability
from this Agreement. Owner and Consultant will indemnify and hold
harmless Manufacturer and its Affiliated Companies for any claims,
losses or damages that they may suffer as a result of any claim
asserted against Manufacturer or Affiliated Companies relating,
directly or indirectly, to this Agreement. This contract is
between Consultant and Owner. Owner and Consultant further agree
that Manufacturer and its Affiliated Companies are expressly
intended to be third-party beneficiaries of this Agreement and
provisions referring to Manufacturer or Affiliated Companies shall
be enforceable by them.
LIMITATIONS OF MANUFACTURER: Manufacturer provides only
unassembled Steel Buildings, and makes no representation as to the
adequacy of the design loads ordered, or suitability for a
particular purpose. Owner assumes all responsibility for ordering
and erecting a structure that when complete, complies with state,
local building codes, and zoning, and which will be sufficient to
withstand local environmental conditions (including, but not
limited to, heavy snow loads). Consultant, Manufacturer or
Affiliated Companies shall not be liable for any direct,
incidental, consequential, special, exemplary or other damages
(including, but not limited to, loss of profits or business
opportunities) in connection with this Agreement or in any manner,
except as specifically provided in the one-year limited warranty
provided by Manufacturer. A copy of the Manufacturer's Limited
Warranty will be made available to the Owner. "Pass through"
warranties may be available from suppliers (steel, paint, etc.),
and Manufacturer will reasonably assist Owner with respect to those
warranties, provided Manufacturer's warranty itself shall not be
expanded. "Except for the limited warranties given in
Manufacturer's Limited Warranty, MANUFACTURER MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE
GOODS SOLD PURSUANT HERETO; ALL OTHER WARRANTIES, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ARE DISCLAIMED AND EXCLUDED."
A. "Affiliated Companies" means Sunward Corporation, Sunward
Consolidated Group, Inc., Sunward Financial, Gold Seal Steel
Buildings, Rockford Manufacturing, Ltd., Rockford Dealer
Acceptance, WedgCor, Inc., WedgCor Acceptance Corporation,
Certified Components Corporation, Marvel Brute, Utility King, and
Sunward Trucking.
B. "Owner" means a customer of Project Consultant and the ultimate
purchaser and owner of the Metal Building System.
C. "Manufacturer" means the separate entity responsible for the
design and manufacture of Metal Building Systems ordered by Project
Consultant for sale to owner.
D. "Project Consultant" or "Consultant" means an independent
seller of Metal Building Systems. Pursuant to this Agreement,
Project Consultant is entitled to order and purchase Metal Building
Systems directly from the Manufacturer for resale to Owners.
Project Consultant is an independent contractor/dealer and is not
an agent of either Sunward or Manufacturer.
E. "Purchase Order" means this Sales Agreement/Purchase Order as
an accepted order to purchase a Metal Building System.
F. "Metal Building Components" means the materials sold by the
Manufacturer to Project Consultant for sale to Owner for the
construction of a steel building. Each Metal Building System
includes a group of components designed and manufactured by
Manufacturer, in unassembled and unerected form, provided that
Manufacturer may include substitute products and materials
(including components and accessories) manufactured by third
parties in any Metal Building System.
G. "Metal Building System" means an unassembled steel building
consisting of Metal Building Components.
The building owner is responsible for ordering a structure that complies with applicable snow load, wind load and building code requirements.
General contractor, erector, dealer, and owner are responsible for carrying adequate insurance for all risks of loss, damage or injury before, during and after construction, for hiring sub-contractor carrying adequate insurance, including works compensation, for naming Manufacturer's as an additional insured under the policies and for indemnifying and holding Manufacturer harmless of and from any loss damage or injury, whether person or property, which may occur during construction. All of said parties understand that Manufacturer is not on the construction site and does not provide any person or entity with instruction in the construction methods, material moving techniques or site preparation of safety, nor does it supply tools or equipment for the same.