Terms & Conditions

Sale of Product; Purchase Price. Customer shall pay to Sassman as a deposit an amount equal to one-half (1/2) of the Purchase Price to be applied against the Purchase Price, which deposit may be refundable only if Sassman materially breaches this Agreement by wrongfully failing to tender the Product to Customer. This Agreement shall not be binding upon Sassman until the full deposit is received. The balance of the Purchase Price, together with any and all other taxes, costs, or fees chargeable to Customer under this Agreement, shall be due upon completion of the installation of the Product. If Customer fails or refuses to pay Sassman all or any part of the Purchase Price or other amounts when due, interest shall accrue on the unpaid amounts at the rate of five percent (18%) per annum.

Payment of Expenses. If Sassman is required to engage in any proceedings, legal or otherwise, to enforce its rights under this Agreement, Sassman shall be entitled to recover from Customer, in addition to any other sums due, all reasonable attorneys fees, costs and necessary disbursements incurred in connection with said proceedings, including collections efforts.

Installation. Sassman shall notify Customer when the Product is available, and Sassman and Customer shall mutually agree on a scheduled installation time. Sassman shall, at Sassman’s expense, install the Product at the Installation Site on the Premises. Sassman shall perform the installation of the Product by its usual and customary method for the type of Product purchased and Installation Site. Customer acknowledges that the Product and its functionality are unique, and that improper use or operation of the Product may cause damage or malfunction although there was no defect in the Product or its installation. Accordingly, Customer agrees that Customer shall have forty-eight (48) hours after installation to inspect the installed Product for defects, and such inspection period is acknowledged as
reasonable under these circumstances. If Customer has questions about the use or operation of the Product during such forty-eight (48) hour period, Sassman shall provide such assistance and instruction as is reasonable under the circumstances, including a return visit to the Installation Site if necessary. Within such forty-eight (48) hour period, Customer shall give Sassman written notice in accordance with paragraph 10 of this Agreement specifying any defects in the Product or its installation. Customer’s failure to give Sassman written notice of a defect within the forty-eight (48) hour period shall constitute Customer’s acceptance of the Product and its installation.

Taxes; Permits and Licenses. Customer shall pay all federal, state and local sales, use, property, excise or other taxes imposed on or with respect to the Product. Sassman shall secure, and Buyer shall pay for, all permits or licenses required by any state or local authority in connection with the installation of the Product on the Premises.

Warranties/Limitation of Liabilities. Sassman’s warranties and liabilities with regard to the Product are as follows:
(a) Limited Material and Workmanship Warranty. Upon completion of the installation of the Product, Sassman warrants only to the original Customer that the Product will be free from defects in material and workmanship under normal use for household, office, or commercial purposes, as the case may be, at the Installation Site. After the initial installation, Sassman shall have no obligation or liability to Customer for damage to the Product resulting from the repair, maintenance or subsequent reinstallation of the Product by any party other than Sassman. Sassman’s obligations under this limited material and workmanship warranty, and Customer’s exclusive remedy, shall be limited solely to the repair, exchange or replacement, at Sassman’s election, of any materials or workmanship which may prove defective under normal
use and service for household, office, or commercial purposes, as applicable, within one (1) year from the installation date, and which Sassman’s examination shall disclose to its satisfaction to be defective.
(b) Limitation of Warranties and Liabilities. THE WARRANTIES STATED IN PARAGRAPH 3(A) ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON SASSMAN’S PART. SASSMAN NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF THE PRODUCT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE TERMS OF PARAGRAPH 3(A) OF THIS AGREEMENT, ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. THESE WARRANTIES SHALL NOT APPLY TO THE PRODUCT OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. SASSMAN MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ACCESSORIES OR PARTS NOT SUPPLIED BY IT. AS USED IN THESE WARRANTIES, THE TERM “ORIGINAL CUSTOMER” SHALL MEAN THAT PERSON OR ENTITY NAMED HEREIN FOR WHOM THE PRODUCT IS ORIGINALLY INSTALLED.
(c) Assignment of Manufacturer’s Warranties. Sassman hereby assigns to Customer all of its rights and interests in the warranties, if any, provided by the manufacturers of the Product or any component part, to the extent that this assignment is not prohibited by the terms of any agreement between Sassman and the manufacturers.

Mechanic’s Lien. Persons or companies furnishing labor or materials for the improvement of real property may enforce a lien upon the improved property if they are not paid for their contributions, even if the parties have no direct contractual relationship with the owner. The mechanics’ notice and lien registry provides a listing of all persons or companies furnishing labor or materials who have posted a lien or who may post a lien upon the improved property. The mechanics’ notice and lien registry can be reached at https://sos.iowa.gov/mnlr/index.aspx or 515-281-5204.

Breach of Agreement.
(a) Limitation of Action. No action at law or in equity shall be maintained by Customer against Sassman for Sassman’s alleged breach of this Agreement and/or violation of any federal, state, or local law now in effect or hereafter enacted with respect to any obligation or duty incurred hereunder by Sassman, unless (i) Customer notifies Sassman in writing at the address specified in this Agreement within thirty (30) days from the date of such alleged breach or violation, and provided Seller does not
remedy or correct the breach or violation within sixty (60) days from the receipt of the notice; and (ii) such action at law or in equity is commenced by Customer within one (1) year from the finish date of the installation, unless extended by ninety (90) days to allow for notice to Sassman and its response as provide by this paragraph. Notwithstanding the foregoing, nothing contained in this paragraph shall be construed to abridge or limit the warranties contained in Paragraph 3 hereof.
(b) Limitation of Damages. If Customer or Sassman brings any action at law or equity, no cause of action by Customer or Sassman shall include a claim, nor may recovery be had against Sassman, for any punitive, incidental or consequential damages, including but not limited to, damages to property, for loss of use, loss of time, loss of profits or income.

Integration; Waiver of Default. This Agreement constitutes the final, complete, exclusive, and fully integrated statement of the terms of the agreement between the parties, and supersedes all prior and contemporaneous agreements and undertakings of the parties in connection with this sale. No modification, addition to or waiver of any right, obligation or default shall be effective unless in writing and signed by the party against whom the enforcement thereof is sought. One or more
waivers of any right, obligation or default shall not be construed as a waiver of any subsequent or other right, obligation, or default.

Governing Law. This Agreement shall be construed, performed and enforced in accordance with, and governed by, the laws of the State of Iowa. Any action regarding this Agreement shall be filed in the courts situated in Polk County, Iowa.

Binding Effect; Enforceability. This Agreement shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. If any of the provisions of this Agreement, or portions thereof, are found to be invalid by any court of competent jurisdiction, the remainder of this Agreement shall nevertheless remain in full force and effect.

Force Majeure. Sassman shall not be liable for any failure to perform as a result of its inability to obtain raw materials, parts or supplies through its usual and regular sources (or on a timely basis), interruption of transportation, delays in delivery, government regulation, labor disputes, strikes, war, fire, flood, accidents, or other causes beyond Sassman’s control making it impractical for Sassman to perform.

Notice. Notices hereunder shall be in writing and shall be deemed to have been fully given and received when served in any manner permitted for service of original notice under the Iowa Rules of Civil Procedure or when sent by certified or registered mail, return receipt requested, postage prepaid, and properly addressed to the respective parties at the addresses shown on the Order, or at such addresses as the parties may later specify for such purpose.