TERMS & CONDITIONS
Unless otherwise directed by customer, if this contract includes installation, it is a construction contract which is an agreement between Neumayer Equipment Company (hereafter referred to as contractor) and the owner/customer to alter, improve, repair, replace, or erect real property. It is expressly agreed that title to and ownership of the fixtures included in this construction contract pass to the owner/customer upon permanent and complete installation of the fixtures to real estate. This construction contract will include a surcharge (S/C) to cover the non-itemized expenses incurred in the fulfillment of this construction contract.
If this contract does not include installation or if it is a contract with a valid tax-exempt organization or if any type of a resale or other tax exemption is issued by the owner/customer it is a sale of tangible personal property and it is expressly agreed that title and ownership of the fixtures pass upon delivery, prior to installation. All taxable sales of tangible personal property will have the appropriate sales tax (S/T) charged on the invoice.
It is expressly understood and agreed that any specified completion date is only a target date and that contractor will make its best efforts to meet such date, however contractor will not be responsible for any delays beyond its control, including but not limited to, delays caused by weather, fire, accidents strikes or any other type of a lockout. There is no agreement regarding this order other than what is specifically contained herein. Any part of this agreement contrary to the laws of any state shall not invalidate any other part thereof. All products installed by or on behalf of this contractor will be installed according to local building codes with the intent being a permanent fixture at the time of installation.
Owner/Customer agrees to pay a finance charge at the rate of 1 1/2% per month or an annual percentage rate of 18% which shall accrue on any unpaid balance more than 30 days past due until paid in full with the minimum finance charge being $5.00 per month. In the event this contract shall be placed for collection, the owner/customer shall be responsible for payment of all costs of collection, service charges and legal/attorney fees which shall accrue and be due and payable hereunder in addition to the balance due and owing, including finance charges thereon.
NOTICE TO OWNER
Failure of this Contractor to pay those persons supplying material or services to complete this contract can result in the filing of a mechanics lien on the property which is the subject of this contract pursuant to Chapter 429, RsMo. To avoid this result you may ask this Contractor for “lien waivers” from all persons supplying materials or services for the work described in this contract. Failure to secure lien waivers may result in your paying for labor and material twice.