Terms of Service

These terms and conditions of sale of Consolidated Industries, LLC d/b/a Weather King Portable Buildings (“Seller”) and any attachments hereto take precedence over any additional or different terms and conditions, if any, of the purchaser identified on the the first page of this order (“Purchaser”), to which notice of objection is hereby given. Seller's acceptance of this order is expressly conditioned upon Purchaser's acceptance of these terms and conditions. These terms and conditions, together with any other written agreement directly related to this transaction, will constitute the entire agreement between the parties with respect to the portable building(s) sold hereunder.

Modification or Relocation of Building Any building that

is currently or is to be out on a rent to own contract is NOT to be altered or

modified in any way until the building is paid in full, nor under any

circumstance can it be relocated. You must first contact the rental company to

schedule a move. Any building that is moved to a different location without the

consent of the rent to own contract holder will be considered stolen and the

culprit WILL be prosecuted to the full extent of the law.

Not for Re-Sale or Human Occupancy Release &

Indemnification. Purchaser acknowledges that the portable building(s) sold

hereunder may not be re-sold, and are NOT DESIGNED OR SUITABLE FOR HUMAN

OCCUPANCY OR HABITATION. Accordingly, Purchaser hereby releases and

forever discharges Seller, and will indemnify, defend and hold Seller harmless,

to the maximum extent permitted by law, from and against any claims, liability,

expenses, regulatory or administrative actions, injunctions, damages, or cost

of any kind, including without limitation reasonable attorney fees, arising

from or in connection with (I) the purchaser's sale or transfer of any portable

building(s) to any other person or entity, (ii) the human occupancy or portable

building(s) sold hereunder, (iii) the modification of any portable building(s)

in any manner that results in the square footage of any portable buildings

exceeding 400 square feet, or (iv) the placement of any such portable

building(s) within four feet of any other structure or property line.

Compliance with Laws Purchaser

hereby represents and warrants to Seller that Purchaser has complied, and

Purchaser's use and placement of the portable building(s) sold hereunder will

comply, with all federal, state and local laws and regulations, including

without limitation local zoning codes, setbacks, covenants, permits and land

use regulations, Seller does not represent that the portable building(s)

sold hereunder are approved for use or placement in any specific

location. Purchaser is responsible for determining whether the portable

building(s) may be used or placed in any specific location or for any particular

purpose, and purchaser's inability to use or place the portable building(s)

sold hereunder in any specific location or manner.

Risk Of Loss & Delivery Charges &

Release Title

and all risk will pass to purchaser upon delivery. Seller or Seller's

design will attempt to deliver the portable building(s) sold hereunder one time

at (I) no additional charge for deliveries within 50 odometer miles of the

location of purchase,(ii) at an additional, one way charge of $3.00 per mile

for every additional odometer mile beyond the first 50. Delivery means

transport of the portable building(s) to purchasers specified destination and

release of portable building(s) on to a reasonably level, suitable service

accessible by truck with adequate clearance for the portable building(s), and

leveling the portable building(s) with treated wood blocks or suitable concrete

blocks to be provided by Purchaser. Unless otherwise confirmed in writing by

Seller, adequate clearance requires, at a minimum (I) four feet of clearance

from any other structure or any property line on any side of portable

building(s) as they will be delivered, and (II) overhead clearance equal to the

height of the portable building(s) plus five feet. Seller or Seller's design,

in its or their sole discretion will determine whether there is adequate access

and clearance to Purchaser's proposed delivery sight and whether the surface is

sufficiently level and suitable to support the portable building(s) sold

hereunder. If seller determines for any reason that the delivery cannot be

completed, purchaser and seller will arrange for a second delivery attempt at

an additional, one way charge of $3.00 per mile for every odometer mile from

the location of purchase. Purchaser releases and forever discharges Seller from

any liability resulting from any damage to Purchaser's property incurred during

delivery. Attempt, including without limitation damage to damages to person or

property, loss of use, loss of time, inconvenience, equipment rental, loss of

earnings or profits or any commercial loss relating to yards or driveways.

Limitation of liability, Seller will not be liable for punitive, incidental or

consequential Purchaser's order. The remedies of Purchaser as set forth herein

are exclusive. The liability of Seller with respect to the sale and delivery of

any portable building(s) under this order, whether in contract, in tort, under

any warranty or otherwise, will not exceed the difference between the price of

the portable building(s) as specified on the first page of this order and the

value of the portable building(s) as delivered by seller. Additionally, Seller

will not be liable for any loss or damage of any kind arising from delay or

inability to delivery beyond Seller's reasonable control, or from improper

maintenance, alteration or misuse of the portable building(s).

Consent to Jurisdiction If Purchaser

is a governmental entity or Indian Nation, PURCHASER HEREBY EXPRESSLY WAIVES

ITS DEFENSE OF SOVEREIGN OR OTHER IMMUNITY IN THE EVENT OF A DISPUTE BETWEEN

PURCHASER AND SELLER REGARDING THIS ORDER. Regardless of whether Purchaser is a

governmental entity or Indian Nation, PURCHASER EXPRESSLY ACQUIESCES TO THE JURISDICTION

AND VENUE OF THE UNITED STATES FEDERAL AND STATE COURTS.

Warranties And Disclaimer of

Warranties (NOT INCLUDING REPOS AND OR DISCOUNTED BUILDING(S) Seller warrants to

original user of the portable building(s), provided the building(s) remains at

original delivered location that the portable building(s) sold hereunder will

be warranted against the rot, and/or decay of treated materials for the life of

the building(s), against termite infestation of all treated materials for 20

years, and defects in material or craftsmanship within 5 years of the original

delivery date not including damage caused by external sources such as wind

damage to shingles. Seller’s sole obligation and purchaser's sole remedy under

this Warranty is replacement of the portable building(s), or at Seller's

option, the defective portion thereof that Seller finds is defective in

material or craftsmanship within the warranty time period. Any replacement

performed under this Warranty will be performed by Seller or Seller's design.

The above warranty will be null and void in the event that the portable

building(s) are altered by purchaser, or have been, in Seller's sole judgment,

subject to negligence, improper maintenance or misuse or moved from original

delivered location. Seller’s liability is further limited as provided by the

Limitation of Liability section of these terms and conditions.

(SELLER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT

LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE).

Miscellaneous This order and

these terms and conditions will be construed under state law without regard to

the choice of law principles thereof. No waiver of any breach of any provision

of this contract will constitute a waiver of any other breach of such

provision. If one or more of these Terms and Conditions is for any reason

be held to be invalid, illegal, or unenforceable in any respect, such invalidity,

illegality, or unenforceability will not affect any other term or condition and

such invalid, illegal, or unenforceable provisions will be modified to the

minimum extent necessary to render such provisions valid, legal and

enforceable.

Delivery and Space Requirements Weather King

Portable Buildings ("Seller") provides delivery and set-up of the

portable building (s) we sell. "Set-up" includes leveling the

portable building with treated wood blocks provided by the delivery driver; or

suitable 4" flat solid concrete blocks available at the site and provided

by the Customer. Buildings are set on skids at grade with treated wood shims

used to level the building. Drivers will not set a building above 6' from

ground level without an extra cost. Wood or 4' flat solid concrete blocks above

6" in height may require extra time and material which the customer must

agree to pay directly to the driver at the time of delivery. The driver will

level the building when it is delivered initially. If

the building settles after being loaded with belongings,

this is not a warranty issue. If the driver is needed to go

back to re-level the portable building, after the initial delivery, this will

be the responsibility of the customer.

For

delivery, there must be enough space for not only the building, but also for

the delivery truck and trailer. The delivery truck and trailer may exceed 75'

in length and when loaded with the customer's portable building, may exceed

15.6' in height. Low ranch gates may cause issues for the driver when entering

the property. Low power lines and telephone lines must be considered for the

delivery of the portable building as well. Delivery personnel are not

responsible for the trimming of trees, clearing of brush or stumps, or the

removal of fences and gates or any other obstructions at the delivery site. The

customer should use conservative judgment when considering ditches and/or tight

access routes/turns on rural access roads. If the portable building was

purchased on a Rent-to-Own contract, the portable building must be delivered

directly to the specified delivery location listed on the rental agreement and

cannot be transported across neighboring property lines.

It

is up to the customer to decide whether ground conditions are suitable for delivery.

Weather King Portable Buildings is NOT responsible for any yard, driveway or

property damage. Weather King Portable Buildings is not responsible for pilot

cars or delivery permits. If a pilot car or permit is needed for delivery, the

customer will be responsible to pay for it.