Old Hickory Buyer Information

Additional Terms, Conditions & Warranties

1. SALE IS NOT FINAL

This Agreement is subject to approval and execution by Old Hickory’s corporate office. Old Hickory has the right to refuse any sale up until the time when the building is set up at customer’s location. Old Hickory shall have the right to correct any errors in this Agreement concerning pricing or taxes.

2. LIMITED WARRANTY

Customer will receive a limited five-year warranty. The details of this warranty can be found online at www.oldhickorybuildings.com. Customer acknowledges that they have been provided a copy of this warranty or have had adequate time to review this warranty online. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GOODS AND SERVICES TO BE PURCHASED UNDER THIS AGREEMENT ARE FURNISHED AS IS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

3. DELIVERY AND SETUP

Old Hickory strives to deliver all buildings in a timely manner consistent with our customers’ expectations; however, Old Hickory does not guarantee dates or times of delivery. Customer expressly understands that inclement weather, vehicle problems, difficulties at other delivery locations, and/or other unforeseen circumstances can affect the date and time of delivery. Old Hickory is not responsible for any of Customer’s lost work time associated with any delays or rescheduled deliveries. Customer represents that the delivery location will be accessible by a truck and trailer. It is the customer’s responsibility to decide if ground conditions are unsuitable or too wet for delivery. Customer is responsible for informing the delivery driver of any utility hazards or any other relevant matter prior to commencement of setup.

4. LIMITATIONS

Old Hickory is not responsible for permits, snow/wind load requirements, covenant searches, restrictions, setbacks, yard damage, or underground damage. Please contact your local building inspector and/or homeowner’s association for information on requirements and restrictions. Customer shall be solely responsible for and shall obtain any necessary permits PRIOR TO installation. Customer agrees to indemnify and hold harmless Old Hickory and its independent contractor delivery drivers for any yard damage done during installations and/or any violation of any government ordinance or code resulting from the installation of any Old Hickory product at Customer’s location. Customer releases Old Hickory and its independent contractor delivery drivers from any claims for punitive, indirect, incidental, special, or consequential damages.

5. PAYMENT

Drivers do not take credit cards. All balances due must be paid by cash or check on delivery. Balance due paid by credit card must be paid prior to delivery. Credit card price is 3% higher than discounted cash price listed on the work order. In the event building is not paid for before or on delivery, driver will not leave building and additional trip charges will be incurred. If delivery has not been made within 90 days, cash customers must pay balance due, rental customers must pay the rent due or other amounts as required by the rental-purchase agreement. All amounts not paid at delivery will be considered past due.

6. CANCELLATIONS AND REFUNDS

If Customer is dissatisfied with the Old Hickory product upon acceptance of delivery by Customer or Customer’s authorized agent, Customer’s sole recourse is to file a warranty claim.

7. LATE PAYMENT, COSTS OF COLLECTION, AND REPOSSESSION

If Old Hickory must engage in an effort to secure payment or otherwise seek to compel Customer to fulfil any of Customer’s obligations under this Agreement, Customer agrees to reimburse Old Hickory for any and all reasonable attorney fees, costs, and other expenses. Old Hickory may charge a monthly late fee equal to 10% of the amount due or the maximum amount allowed by law. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT A FAILURE TO PAY ALL AMOUNTS DUE ENTITLES OLD HICKORY THE RIGHT TO REPOSSESSION OF THE OLD HICKORY PRODUCT AND CUSTOMER FURTHER WAIVES ANY AND ALL RIGHTS AND/OR CLAIMS FOR REFUND FOR ANY PAYMENTS MADE PRIOR TO SUCH REPOSSESSION, UNLESS THE PAYMENTS MADE EXCEED THE DEPOSIT PLUS EXPENSES INCURRED BY OLD HICKORY IN RETRIEVING THE OLD HICKORY PRODUCT.

8. REPRESENTATIONS AND WARRANTIES

Customer hereby represents and warrants to Old Hickory, that Customer is the owner, or an authorized agent of the owner, of the property on which the Old Hickory product is to be delivered and set up.

9. SEVERABILITY; APPLICABLE LAW AND VENUE; CLASS ACTION WAIVER

If any provision of this Agreement is invalid, illegal, or incapable of being enforced by reason of any rule of law, public policy, or otherwise, any remaining provisions of this Agreement shall nevertheless remain in full force and effect. This Agreement will be governed and construed by the laws of the State of Tennessee, without giving effect to its choice of law principles. Customer agrees that any legal action arising out of this Agreement instituted by Customer will be brought, and consents to the jurisdiction and venue in, Rutherford County, Tennessee. Customer specifically agrees that any claims arising out of or relating to this Agreement must be brought by Customer in an individual capacity and expressly waives any right or option for Customer to bring any claim related in any way to this Agreement as a plaintiff or class member in any representative action.

10. ELECTRONIC NOTICE; CONSENT TO USE INFORMATION

Customer and Old Hickory have agreed to conduct all and/or portions of this transaction by electronic means, including, but not limited to, acceptance by Customer of any revisions to this contract regarding errors in pricing or taxes. Customer consents to Old Hickory’s use of any information disclosed by Customer for the purposes of completing the transactions contemplated in this document, for providing any ongoing support and services, and otherwise in accordance with Old Hickory’s privacy policy. Such consent includes the disclosure of such information to third parties which is reasonably necessary for such purposes. Customer may request a copy of Old Hickory’s privacy policies and practices through the above contact information. Customer expressly agrees to be bound by the terms, conditions, and the warranties set forth herein and expressly acknowledges that there are no agreements of any type or kind other than those set forth herein.