Definitions

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.