Mobile Modular 10/7/2025 - Laserfiche WebLink

2 system to temporary/portable holding tanks and/or fresh water supply tanks, whether obtained from Seller or Seller’s supplier , or from an unrelated third party supplier of Buyer’s. 8. ACCESSORIES. The following terms and conditions are applicable to the extent that any accessories are included in this Agreement . Buyer's obligations to Seller pursuant to this Agreement with respect to the Equipment (including but not limited to those relating t o responsibility for damages, relocation, return, maintenance and repairs, insurance, and indemnify) shall also apply with respect to the accessories unless otherwise expressly stated. (a) Certain accessories, including but not limited to holding tanks and generators, may present certain hazardous conditions or ma terials. Buyer agrees that it is fully aware of the potential hazards in using such accessories and hereby assumes all risk associated therewith. (b) Buyer shall use, maintain, or remove any waste or hazardous materials related to any such accessories in accordance with manufacturer’s recommendations and all applicable laws, rules, and regulations. (c) HOLDING TANKS/FRESH WATER TANKS. For Buyer’s comfort and convenience, Seller strongly recommends that Equipment containing plumbing systems be connected directly to sanitary sewer lines. In the event that Buyer elects to utilize temporary holding t anks as a means of waste disposal, Buyer is hereby advised that use of holding tanks presents additional risks, as holding tank capacity is directly affected by water usage, leaky faucets, etc. Seller shall not be liable for any loss or damage resulting from holding tanks that fill up more quickly than expected, or that overflow. Buyer is responsible for providing necessary plumbing parts, assembly of plumbing manifold and final on -site connections between the Equipment and any such holding or supply tanks. Seller makes no representations, warranties, or guarantees that the stub out locations or set height of the Equipment will coincide with the holding and/or supply tanks, or other connection-related items. Buyer may be required to trench, dig a pit or make other site-related modifications to accommodate waste and supply tanks. If fresh water tanks are provided by Seller, Buyer is hereby advised that the water is non -potable and is considered unsafe for consumption. (d) STAIRS. The term "Stairs" shall mean prefabricated metal stairs, including handrails, with landings. Seller’s sole responsibility with respect to Stairs is to deliver the Stairs to the Site. Notwithstanding any assembly or installation by Seller, Buyer is and shall remai n solely liable for the installation and assembly of the Stairs and for any failure to comply with applicable codes, regulations and/or ordinances with respect to the Stairs after the Stairs are delivered to the Site. BUYER HEREBY WAIVES AND RELEASES ANY CLAIM IT MAY HAVE AGAINST SELLER ARISING FROM SELLER’S INSTALLATION OR ASSEMBLY OF THE STAIRS. BUYER FURTHER AGREES THAT IT SHALL INDEMNIFY, DEFEND, AND HOLD THE SELLER HARMLESS FROM AND AGAINST ANY AND ALL LOSSES RESULTING FROM OR IN ANY WAY RELATED TO THE INSTALLATION AND ASSEMBLY OF THE STAIRS. (e) RAMPS. Buyer shall not alter ramps provided by Seller from their installed state. Any alterations or modifications of ramps may result in failure to comply with applicable code, regulations and ordinances and any such alterations or modifications, including cosmetic changes, may result in additional charges to Buyer for repairs or replacement of the ramp. Sloping Site or other conditions may impact the use of prefabricated ramps and may require customized configurations, which may result in additional charges to Buyer. Buyer is responsible for making the transition from the end of the ramp to existing grade of the Site and such transition may require grading, paving or other site work by Buyer at Buyer’s sole cost and expense, to ensure finished ramp complies with all applicable codes, regulations and ordinances. 9. ASSIGNMENT. Buyer shall not assign this Agreement without the prior written consent of Seller. This Agreement shall be binding upon any assignee or successor of Buyer. Seller may assign any of its rights, remedies, responsibilities, and/or obligations hereunder with out notice to Buyer. Buyer acknowledges that Services performed at the Site may be performed by vendors on behalf of Seller. 10. LIENS; TITLE. Until Buyer has paid Seller the full Purchase Price, Buyer shall keep the Equipment free and clear of any and all claims, liens, security interests, encumbrances, or attachments. Upon Seller’s receipt of the entire Purchase Price, title or certificates of ownership (as applicable) to the Equipment shall transfer to Buyer, free and clear of all encumbrances. The parties shall cooperate to properly document trans fer of title. The state shall assess Buyer directly for future annual registration or renewal related to modular buildings and Buyer agrees it is responsible for all charges, fees and taxes (local, state and federal) levied or assessed upon ownership, purchase, possession, use or operation of the Equipment. 11. MARKETING DISCLAIMER. Buyer agrees that, by executing this Agreement, it is opting-in to receive emails, phone calls, text promotions and offers from Seller. Buyer may unsubscribe at any time using the links provided in such emails. 12. INTELLECTUAL PROPERTY. Nothing in this Agreement shall be deemed to convey to Buyer any right, title or ownership in any intellectual property with respect to the Equipment or intellectual property owned by Seller or any third party, in whole or in part, nor be constr ued to designate deliverables hereunder as “works made for hire” under the U. S. Copyright Act, as amended. 13. CONFIDENTIALITY. Buyer agrees to, at all times, maintain the confidentiality of this Agreement, all terms and conditions set forth herein and all other non-public information related to the transactions consummated hereby. 14. COMPLIANCE WITH LAW. Buyer has responsibility for obtaining all licenses, permits, certificates and other approvals required by law for the placement, installation, operation, use, possession, and occupancy of the Equipment on the Site and for complying with all applicable laws, codes, regulations, ordinances, or zoning or land use restrictions. Buyer acknowledges that the Services performed at the Site may not include certain services that might be warranted for safety or required by governmental authorities, for example foundational requirements, Tiedowns, earth anchors, and seismic and/or wind restraints. BUYER AGREES TO FULLY COMPLY WITH ALL LAWS, STATUTES, CODES, ORDINANCES, ZONING OR LAND USE RESTRICTIONS, RULES, REGULATIONS AND ORDERS OF ALL LOCAL, STATE AND FEDERAL GOVERNMENTAL AUTHORITIES APPLICABLE TO THE EQUIPMENT OR ITS PURCHASE, INSTALLATION, POSSESSION, OR USE; AND AGREES TO INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY AND ALL FINES, FORFEITURES, SEIZURES, PENALTIES OR OTHER LIABILITIES THAT MAY ARISE FROM ANY INFRINGEMENT OR VIOLATION OF ANY SUCH LAW, STATUTE, CODE, ORDINANCE, ZONING OR LAND USE RESTRICTION, RULE, REGULATION OR ORDER. 15. GOVERNING LAW; VENUE. Buyer and Seller agree that this Agreement shall be governed in all respects by, and interpreted in accordance with the laws of the State of the Site or the location where the Buyer takes possession of the Equipment, without regard to its conflicts of laws' provisions. It is agreed that the venue for a legal action relating to this Agreement shall be proper only if brought in, and the exclusive jurisdiction for any disputes relating to this Agreement shall be, the Federal and State courts having jurisdiction over the Site or the location where the Buyer takes possession of the Equipment. The prevailing party in any legal proceeding arising out of this Agreement shall be entitled to recover its reasonable attorneys' fees, court costs and expert witness fees.