For clarity in this document, the company or person to whom any Offer to Purchase is addressed shall be referred to as the “Purchaser”,
Matador Pre-Engineered Metal Buildings shall be referred to as “MMB” or “Seller”.
All Offers must be signed by both Purchaser and Seller for a valid agreement to exist. A signed facsimile copy shall act as an original to
enable release of order, however, copy with original signatures shall be mailed at once to Seller for permanent record. Purchaser’s signature
on Offer signifies that Purchaser has checked it for consistency with his requirements and agrees to pay the proposed price. Seller’s
signature on Offer signifies that Seller will fabricate the building components offered in a workmanlike manner using common industry
Terms of payment will be established by Seller at time of Offer signing.
MMBs stated delivery schedule shall be set at time of Offer signing. This schedule is approximate, and every attempt will be made to meet
or exceed the schedule set. The schedule, however, may be subject to delays due to inability to obtain material, labor problems, accidents,
manufacturing equipment breakdown, fire, act of God, war, insurrection, mob action, weather, or any other causes beyond Seller’s
Purchaser may cancel this Offer by giving written notice to MMB. In the event of cancellation, Purchaser agrees to pay MMB all actual
costs incurred prior to cancellation. These include, but are not limited to costs of engineering, detailing, overhead, purchasing, and costs of
all goods fabricated or received for the project prior to the written cancellation, including goods purchased that cannot be cancelled.
If material delivery is delayed by Purchaser more than thirty (30) days after original scheduled delivery, Seller will invoice Purchaser for
the full outstanding balance of funds due. Purchaser shall reimburse Seller for the cost of storing such materials and will assume any
damage to the materials caused by deterioration, including, but not limited to, the cost of handling and repainting.
Purchaser shall be responsible for providing a passable roadway from highway or adjacent street to jobsite for safe conveyance of materials
being delivered. Roadway shall be sufficiently wide and adequate for supporting a standard over the road tractor with flatbed trailer as
required for the materials being delivered.
When Seller is delivering building materials to Purchaser, experienced personnel should meet the truck, with equipment that is appropriate
to offload the materials being delivered. Seller’s driver WILL NOT UNLOAD material. If the Offer calls for BALANCE ON DELIVERY
or CASH ON DELIVERY, our driver will request payment before unloading the truck. If only the erector will be at the site, the Purchaser
should make the proper arrangements to ensure that there are no delays.
When Purchaser will pick up building materials at Seller’s plant, it will be Purchaser’s responsibility to provide: (1) Experienced pickup
person to tie down the materials being loaded. (2) Flatbed truck or trailer that permits loading by forklift, sized adequately to carry and
fully support the material to be loaded. (3) Wood cribbing (dunnage) of adequate size and quantity to support and separate the material to
be loaded. (4) Tie-down material adequate to secure the purchased material against movement while in transit. (5) Red flagging as
required if loaded material extends past trailer end.
Purchaser is responsible for checking goods listed on the Bill of Lading and/or Shipper presented at time of delivery or pickup. Shortages
and damages must be noted on shipping documents prior to signing for materials. Any shortages not readily evident at time of delivery or
pickup must be reported to Seller within seven (7) calendar days.
The correction of minor misfits shall be considered a normal part of the erection process and will not be subject to claims. In the event
of apparent incorrect fabrication of materials, Purchaser shall promptly make a written claim describing fully the nature and extent of the
errors. Seller will determine the validity of claim, also will exercise the option to rework materials in-plant, or to authorize corrections by
others. Seller will honor no claim for corrections made without evidence of written authorization.
Seller shall not be responsible for loss or damage to materials after delivery to Purchaser’s jobsite or Purchaser’s carrier in the case of
materials picked up at our plant.
Purchaser grants to MMB, and MMB retains a security interest in building components and all parts described in this Offer as being
purchased. This security interest is to secure payment of the full purchase price and all other charges due.
Past due accounts will be subject to an interest charge of 1 ½% against any outstanding monthly balance. Purchaser agrees to pay
reasonable costs of collection, including, but not limited to attorney’s fees and court costs.
“Matador Pre-Engineered Metal Buildings warrants its products to Purchaser only against failure due to defective material or workmanship
for a period of one (1) year from date of shipment from our plant. Damage due to faulty or improper erection by others is not covered. The
building must be erected promptly after shipment without undue delay. Damages from outside sources, misuse, abuse, lack of proper
maintenance and normal wear and tear are not covered by this warranty. Liability of MMB shall be limited to furnishing necessary
replacement materials but does not include dismantling or installing such materials. This warranty does not cover products, accessories,
parts or attachments which are not manufactured by MMB, except to the extent of any replacements which are obtained pursuant to any
warranty by the original manufacturer. This warranty is specifically non-assignable and non-transferable.”