THIS AGREEMENT CONTAINS A WAIVER OF YOUR RIGHTS. BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE FULLY READ, UNDERSTAND AND AGREE TO THE TERMS ON THE FRONT AND BACK OF THIS PAGE.
Delivery: You acknowledge that We followed Your instructions regarding all aspects of the delivery of the Products, including, without limitation, the timing, method and location of said delivery (the “Delivery Process”). You further acknowledge that the Delivery Process chosen by You may: (1) cause damage or injury to Your person or property or the person or property of third parties; (2) cause damage to the Products You purchased; (3) interfere with the property rights of third parties; (4) be in violation of state/local laws or ordinances; (5) be in violation of applicable homeowner’s association rules or regulations; and/or (6) pose a serious risk of future damage or injury to Your person or property or the person or property of third parties. [see Wavier/Indemnification on reverse side]
Products: The Products are sold to You “AS IS.” You have inspected the Products at delivery and have determined that the Products are of sufficient quality. You understand that all dyed mulches require 6-24 hours of direct sunlight to dry and that rain or watering will cause color to fade. You further understand that the size, texture and color of certain Products may vary (despite labeling to the contrary) and that We can only provide approximations of the quantity of Products purchased. ALL SALES ARE FINAL. You are not entitled to any refunds for Products purchased. Notwithstanding the foregoing, any returns accepted by Us, in Our sole discretion, will result in store credit for the amount of the purchase price minus a 20% restocking fee. [see Warranty Disclaimer on reverse side]
Rental Containers: Your rental of any Roll-off containers includes delivery, pick up and content disposal. Any containers rented for dirt, lawn debris and/or concrete must be used for proper purposes and must only contain clean items (as reasonably determined by Us). Any containers rented for construction/trash shall not contain mattresses, oil tanks, batteries, tires or hazardous materials. Construction/trash container are billable at $120 / ton of disposal weight. You will be liable for additional fees and expenses (as reasonably determined by Us) for failure to comply with the requirements of this paragraph.
ADDITIONAL TERMS
Consideration: This Agreement is entered into in consideration of Your purchase of the Products set forth in the purchase order referenced on the reverse side of this page. You agree that said purchase order is accurate and complete.
Definitions: Throughout this Agreement, the signatory (on reverse side of page) is referred to as “You” or “Your” and Lehnhoff’s, LLC, a Maryland limited liability company, is referred to as “We” , “Us” or “Our.” Any goods, rentals and/or services provided by Us are collectively referred to as “Products.”
Waiver/Indemnification: You hereby release all causes of action against Us and agree to indemnify, defend and hold Us harmless from and against any injuries, damages, claims, actions, judgements, fines, tickets, penalties, fees, liabilities, costs and expenses pertaining to or arising out of the Products and/or Delivery Process. Without limitation, the foregoing release and indemnification applies to: (a) the staining of surfaces or property resulting from dyed Products; (b) any damage to vehicles, equipment, Products, lawns, driveways, sidewalks or curbs resulting from the Delivery Process; and (c) any harm caused to You or third parties resulting from the Delivery Process.
Warranty Disclaimer: We disclaim all express and implied warranties to You or for the benefit of any third parties.
Limitation of Liability: We shall not be liable for any loss, injury, damage or other consequence arising directly or indirectly from the Products and/or the Delivery Process. Notwithstanding the foregoing, if We are determined to be responsible for any such loss, injury, damage or other consequence, Your claims against Us shall be limited to the amount You actually paid for the Products. Said amount is Your sole and exclusive remedy no matter how the loss, injury, damage or other consequence is caused (even if caused by Our gross negligence, breach of this Agreement or failure to comply with any applicable law).
Severability: If any provision of this Agreement shall be deemed to be unenforceable, the remaining provisions shall remain in full force and effect. Additionally, any unenforceable provision shall be modified to the minimum extent necessary to render it enforceable and shall be deemed part of this Agreement as modified.
Survival: The provisions of this Agreement shall survive indefinitely and shall be binding upon You and Your respective heirs, personal representatives, successors and assigns.
Legal Action: You agree to reimburse Us for all fees and costs, including reasonable attorneys’ fees, associated with the enforcement of this Agreement and the collection of amounts due on Your account. Payment in full of all amounts due on Your account is a condition precedent to filing any cause of action against Us.