TERMS & CONDITIONS

NEW SAGE HOMES LLC ; TERMS & CONDITIONS

PAYMENT CANCELLATIONS, AND DELIVERY.
Payment. Customer agrees to pay New Sage Homes according to these terms and conditions.
50% deposit due at time of Order, balance of 50% due before shipment FROM THE MANUFACTURER. Interest shall accrue on any past due sums at the rate of 1.5% per month or the highest interest rate allowed by Colorado law.

CANCELLATIONS. Cancellations may be made within 3 days time of the Order. Cancellations made within the 3 day period New Sage Homes, will refund deposit without penalty. Any cancellation made after the aforementioned Order time will be subject to a minimum $2,000 cancellation fee.
SHIPPING AND DELIVERY. Shipping and delivery will be arranged by the manufacturer with a certified freight company.

2. ORDERS;
It is the customers responsibility to make sure the Product you Order meets local codes or rules that may apply to your property. Orders are not binding upon New Sage Homes until accepted by New Sage Homes in writing or online, including facsimile. New Sage Homes’ acceptance of your Order is expressly conditioned upon your acceptance of the terms and conditions herein. Any additional or different terms or conditions contained in your Order or in any other correspondence shall be of no force or effect, unless such terms and conditions are specifically agreed to in writing by New Sage Homes.

PRICES AND QUOTATIONS.
Unless specifically agreed to in advance by New Sage Homes, all Product prices shall be New Sage Homes’ list prices in effect at the time of its receipt of your Order (the “Price”). The Price does not include sales or other taxes, if applicable. In addition to the Price, you agree to pay (either directly to the appropriate governmental entity or to New Sage Homes) any sales or other tax due under any applicable law. “A signed quote is the price quoted.”

DELIVERY AND FORCE MAJEURE
Any and all shipping, delivery, and installation dates are estimates only, and New Sage Homes does not guarantee that the Product will be shipped, delivered, or installed in accordance with such estimates. Without limiting the generality of the foregoing, New Sage Homes may delay delivery of the Product without any liability as a result of any delay caused by events outside New Sage Homes reasonable control including, but not limited to, work stoppages, labor difficulties,and natural disasters or New Sage Homes inability to obtain necessary materials, components, labor, or manufacturing facilities, or anything else that would in any way impair New Sage Home’s ability to deliver the Product in the quantities ordered at the prices quoted.

New Sage Homes provides the super insulated building shell or exterior envelope for all our product models.The Product does not include interior and exterior treatments such as siding, windows, doors, roofing, etc . If you order a New Sage Homes Package, you are solely responsible for all necessary materials to complete and finish the building to also include all permits, architectural/engineering work, foundation work (including site preparation) as well as the installation and assembly of the Product. You represent and warrant to New Sage Homes that you will hire someone with qualifications to install and assemble the Product. New Sage Homes accepts no responsibility and will not be liable for anything related to a DIY ( Do it yourself) or contracted installation. You are solely responsible for obtaining all necessary building permits and complying with all applicable building and safety codes in the installation of the Product.

INDEMNIFICATION.
You agree to defend, with counsel approved by New Sage Homes, all actions against New Sage Homes its officers, directors, managers, shareholders, members, employees, agents, beneficiaries, successors, and other representatives (the “Indemnified Parties”) with respect to, and to pay, protect, and indemnify and save harmless all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature arising from or relating to the injury to or death of any person, or damage to or loss of property, caused by or incurred in connection with your use or misuse of the Product.

LIMITED WARRANTY.
New Sage Homes warrants to the original purchaser of the Product that, should there be any defects in the material or workmanship during the initial 12 months (one year) from your receipt of the Product, New Sage Homes will repair or replace the defective component(s) at its option. You must notify New Sage Homes of any claim of defects in the material or workmanship within one 12 months (one year) after your receipt of the Product. Said notice must be in writing, set forth specifically the basis for the claim, and include a photograph of the defect(s). The failure to satisfy the requirements above will constitute irrevocable acceptance of the Product. All warranty claim notices should be sent to New Sage Homes, attention to General Manager, 2940 South County Rd. 29 Loveland, Co. 80537. This warranty gives you specific legal rights. (You may also have other rights which vary from state to state). Failure to follow the Construction Manual or any related instructions, and any abuse or misuse of the Product including unauthorized alterations, will void this Limited Warranty. New Sage Homes is not responsible for damage caused by the location of the Product on or over inappropriate soils or terrain or by the use of improper replacement parts. New Sage Homes assumes no responsibility and expressly disclaims all liabilities for damages due to misuse, neglect, improper maintenance or adjustments, and normal wear and tear of the Product. New Sage Homes reserves the right to change and/or improve the design and/or specifications of the Product without notice or obligation to modify previously produced units. No installation or other instructions, advice, Product information, or marketing materials, whether oral or written, obtained by you at any time from Studio Shed or any vendor or retailer of New Sage Homes Products shall create any New Sage Homes express warranty not expressly stated in this Section.

TRADEMARKS AND TRADE NAMES.
You acknowledge and agree that all brand names, trade names, and trademarks incorporated onto or associated with the Product (collectively, the “Marks”) purchased here under are the exclusive property of New Sage Homes and that you shall not acquire any rights in any of the Marks by purchasing the Product. You shall not make any use of the Marks at any time except as otherwise authorized, in writing, by New Sage Homes.

ENTIRE AGREEMENT.
These terms and conditions together with the Order constitute the parties’ entire agreement relating to the subject matter hereof and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to such subject matter. No modification to these terms and conditions will be binding unless in writing and signed by each party.

SEVER-ABILITY
In the event any provision herein should be held unenforceable or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these provisions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.

NO ASSIGNMENT.
You agree that you may not to assign or transfer any of your rights arising out of or related to these terms and conditions or your purchase of Product.

NO WAIVER.
No waiver of any provision of these terms and conditions or delay by either party in enforcement of any right here under shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.

ATTORNEYS FEES, Interest at 1.5% or max
You agree that if you fail to timely pay to New Sage Homes any sums due here under and New Sage Homes sues to collect such sums, you will be liable for reasonable attorney’s fees, interest charges plus any and all expenses incurred by New Sage Homes LLC.

I hereby agree to order the Product at the stated costs and have read and agree to the TERMS AND CONDITIONS, incorporated herein under this reference. I understand that the Product delivered will consist of all SIPs wall and roof panels with designed openings for doors and windows, skylight if included, said fasteners and any additional parts listed with said model for assembly of that model purchased, but does not include any interior or exterior treatments such as doors, windows, siding, roofing, flooring, foundational work, lighting, electrical wiring, plumbing, site preparation, etc.

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