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6015 Skyline Dr
<br />Houston, TX 77057
<br />P: 713-789-8711
<br />F:713-780-7518
<br />s
<br />!���1 7 ►� 'JAr' �i'i
<br />PURCHASE AGREEMENT
<br />Salesman: Mike Clements
<br />Buyer: Mainly Drinks
<br />Phone: 281-867-1700
<br />Fax:
<br />Mobile: 281-299-8000
<br />EmalWebra @galll ngton.com
<br />THIS PURCHASE AGREEMENT (herein called "Agreement) Is made and entered Intothis (9th) day of (Junel, 2010, by and between Accent Sign & Awning Co (a
<br />division of Houston Canvas & Awning, Inc.) located at 6015 Skyline Dr., Houston, TX 77057 (herein called'Selier) and
<br />(Mainly Drinks] (herein called "Buyer") located at [223 West Win, LaPorte, Texas] (street, City, state, zip code)
<br />1. SALE: Subject to the terms and conditions hereinafter set forth. Seller shall construct and sell to Buyer, and Buyer shall purchase from the Seller, the Dispfay(s)IS€gn(s)
<br />described in Section 3 below (collectively hereinafter called the "Dlsplay(s)7.
<br />2. PRICE & TERMS:
<br />Price of Display(s) i Awning(s): $[$3,800.001 + Tax
<br />INSTALLATION OF DISPLAY:
<br />Down Payment 5D% [ 1 Is included in the terms of this agreement
<br />[ ] Is not included In the terms of this agreement
<br />[ ] Permit, engineering and acquisition fees, as required will be billed separately
<br />Est Permit Fee: $300 [ ] Required permitting to be handled by Buyer
<br />Est Delivery Date: 1211110
<br />NAME 1 ADDRESS FOR DELIVERY OR INSTALLATION: [ same
<br />Balance is to be paid in full upon Seller's tender of delivery or, if Installation Is covered herein upon installation (provided, that installation Is delayed through no fault of
<br />Seller, then payment Is due on the date that Seller is ready, willing and able to install the Display(s)). If Installation is included and is to be done at several address
<br />locations, payment is due on a pro -rata basis as each location is completed.
<br />3. SPECIFICATIONS I DETAIL OF JOB HERE:
<br />Recover existing 13'x 27'awning over front entrancewith new light gNy.sunbrella fabric and paint copy and I o on 2 sides
<br />$2,400.00
<br />Fabricate one new frame and cover with existing sunbrelia fabric that was removed from existing frame. Install on second floor window where awning is missing.
<br />$300.00
<br />Fab and install one new entry awning above side entrance doors, awning will rest on two steel post and mount to building..
<br />$1,100.00
<br />4. VARIANCE: In case of variance between the above specifications and approved design, the approved design shall prevail. Buyer agrees that Seller's obligation under
<br />this contact is to produce any Nems described herein as accurately as is reasonably possible. If Buyer believes finished product differs materially from description of such
<br />herein, Buyer must notify Seiler of specific variance with€n 10 business days of delivery (or installation).
<br />6. ELECTRICAL SOURCE: (1) Customer must furnish electrical service and power of suitable capacity and approved type (std. 120 volt construction unless other type
<br />specified by Buyer) to with-tn a feet of the display(s) location in advance of the date that the Seller shall install the display(s); and (2) Seller shall not be responsible and
<br />has no obligation to the Buyer to hook up the electricity to the display(s) after the display(s) have been installed.
<br />e. STRUCTURAL AND PHYSICAL CONDIDTLONS: Buyer shall be responsible for all necessary reinforcements to the building of which the Display(s) is installed,
<br />relocation of power or gas lines or other obstacles, and for additional Installation costs, Including labor and material, Incurred by Seiler due to adverse soil conditions,
<br />underground or hidden wall obstructions.
<br />7. ACCEPTANCE OF AGREEMENT: This Purchase Agreement shall not take effect unless signed by Buyer and by an Officer of Sailer by no later than 30 days from the
<br />date written on the front of th€s Agreement The price and terms offered by Seller are only good for 30 days from the date written on the front of this Agreement. No
<br />course of performance or course of dealing between the parties hereto, or usage of trade, shall be deemed effective to modify, amend or discharge any part of this
<br />Purchase Agreement or any rights or obligations of any party hereunder. Purchaser shall pay for expenses of Sailer In enforcement of remedies to collect all fees listed
<br />and associated with this agreement including reasonable attorney's fees and other legal expenses. All overdue payments shall bear Interest at 1 % %Imo. until paid in full.
<br />8. SELLER'S WARRANTIES AND DISCLAIMERS: Seller warrants to Buyer the fabrication and installation of any Display(s) purchase hereunder (excluding lamps as to
<br />which Seller makes no warranty or ballastftransformers/power supplies which will be under warranty for labor and replacement for as long as, but not to exceed,
<br />manufacturers' warranty) at the time of delivery or installation and continuing for a period of (5) years, if installation Is covered hereby, and will be free from defects of
<br />material and workmanshlp, and will be in accordance with Specifications which are a part of this Agreement. Seller sole obligation under this warranty is repair or
<br />replacement, at Seller's opinion, of a defective part or nonconforming Display(s) for which written claim is made. Any Display(s) not placed on a timer or sensor will
<br />completely void Seller's (6) year warranty offer. It is the buyer's responsibility to provide a mechanism for the Display(s) to tum off during day -light hours. Seller will not
<br />warf ant any defect to the Dlsptay(s) due to fluorescent or due to vandalism, wind or fire, terrorism, or acts of God, warranty is need if Accent has not received payment in fuel
<br />within SO days of installation
<br />ACCEPTED:
<br />Houston Canvas & Awning, Inc (Buyer?
<br />Name:
<br />Signature:
<br />Title:
<br />Date:
<br />Name:
<br />Signature:
<br />Title:
<br />Date:
<br />Agreement must be signed by an Officer of Accent Sign & Awning Co. to constitute acceptance of the terms set forth herein.
<br />GUARENTEE, For value received I or We the undersigned, jointly and severally, hereby absolutely and unconditionally guarantee prompt payment by Buyer (as defined
<br />in the above Purchase Agreement (`Agreement°) of all monies due and payable under the Agreement, at the dates and for the purpose therein stated, and the
<br />performance of all other undertakings by Purchaser as therein provided, including reasonable attorneys' fees. As guarantor(s), it is understood that the obligations herein
<br />provided shall be binding upon and enforceable against the heirs, assigns, successors, and personal representatives of each of the undersigned. Each undersigned
<br />agrees that no notice of acceptance by "Seller' (as defined in the "Agreement") of the Guarantee shall be required of Seller; waives notice of any default; consents to any
<br />extensions, changes or modifications hereafter made by Seller and Buyer to the Agreement; agrees that Seller may release any guarantor of Buyers obligations or
<br />release any other security without affecting the obtigations of the remaining guarantors, and agrees to pay all reasonable attomeys' fess and other costs Incurred by
<br />Seller to enforce its rights under this Guarantee
<br />By
<br />Guarantor By
<br />Guarantor
<br />
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