Terms of services agreement

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR OUR SERVICES YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU THE USER, CUSTOMER OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO THE SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF OUR TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR SERVICES.

General Purpose of Equipment
The equipment described on our website is intended to be used for the manufacture of Concrete, monitoring of inventory levels or as an alignment aid “tool”. No performance guarantee is provided or assumed. It is the responsibility of the customer to perform adequate calibration and monitoring of the calibration of the equipment. These tools are provided as an aid only.

Signing
This proposal shall not be binding on Atlanta Radar LLC until it is accepted according to its terms as evidenced by the signature of PURCHASER or its authorized agent and subsequently approved and accepted by an authorized agent of Atlanta Radar LLC at the Home Office in Buford GA.

Complete Agreement
This writing contains all of the terms agreed upon between the parties and is intended to be a complete and final expression of their contract and shall not in any way be contradicted, modified, supplemented or extended by any antecedent or contemporaneous writing, course of dealing, trade usage or oral agreement.

Modification of Rescission
No modification or rescission of the terms of this agreement shall be binding unless such modification or rescission is reduced to a writing and signed by the PURCHASER and an authorized agent of Atlanta Radar LLC. A waiver by Atlanta Radar LLC of this requirement with respect to any modification of any term shall not operate to preclude Atlanta Radar LLC from asserting this provision with respect to any other terms or to repudiate the waiver as provided by Article 2 Section 209 of the Uniform Commercial Code.

Law Governing
The Law of the State of GA, including its Uniform Commercial Code as interpreted by the Courts of Georgia shall govern the formation, construction, performance, and remedies under this contract (except to the extent that the same have been modified or changed herein).

Warranties

(a) Warranties concerning the subject of this sale as to design, construction, material and workmanship are strictly limited to warranties expressly stated herein.

(b) There are no warranties, express or implied, which extend beyond the plans, specifications which are set forth in the product operators manual. The specifications and calibration information is provided as a part of the operators manual.

(d) Atlanta Radar LLC warrants the equipment has been designed and constructed in a good and workmanlike manner with materials of good quality.
(e) The warranties contained herein shall endure for a period of 90 days from date of delivery of the equipment to PURCHASER, or to the person or entity at the location directed by PURCHASER.

(f) These warranties are expressly limited to conditions of normal use of the equipment for the general purpose intended and shall not apply if the PURCHASER undertakes any unauthorized repairs or alterations of the equipment.

Remedies
In accordance with Article 2 Section 719 of the Uniform Commercial Code, the remedies and recoverable damages of the PURCHASER are hereby exclusively limited as follows:

(a) In the event that equipment and services provided by Atlanta Radar LLC do not conform to the plans and specifications set forth in the operator’s manual, Atlanta Radar LLC shall replace, at the expense of Atlanta Radar LLC, any parts or material to correct any defects attributable to defective workmanship.

(b) It is understood between parties that time for shipment is approximate unless expressly stated herein that time is of the essence. PURCHASER shall have no remedy whatsoever for late delivery occasioned by circumstances beyond the reasonable control of Atlanta Radar LLC such as war, sabotage, act of God,

strike, shortage of material and government restrictions except as provided herein. With respect to late delivery beyond a reasonable time after delivery date occasioned by fault on the part of Atlanta Radar LLC, PURCHASER shall have his legal remedies except to the extent that they are modified or excluded herein.

(c) If the performance of Atlanta Radar LLC hereunder is delayed for a period of three months due to any cause beyond the reasonable control of Atlanta Radar LLC performance shall be resumed as soon as possible, delivery shall be rescheduled and the purchase price shall be adjusted to that in effect at the time of resumption of performance. In such cases, except where the delay has been occasioned by the request or act of the PURCHASER, the PURCHASER shall have the right to cancel the contract by written notice to Atlanta Radar LLC and after paying reasonable cancellation charges for the work performed to that date.

(d) PURCHASER assumes the risk of loss and damage in transit upon delivery of equipment to carrier for transit to PURCHASER.

(e) The remedies of the PURCHASER hereunder are intended to be exclusive and in lieu of all damages incidentally arising from any breach of warranty or late delivery and all consequential damages resulting from any breach of warranty or late delivery including losses resulting from general or particular requirements or needs of the PURCHASER, whether or not such requirements or needs are known to Atlanta Radar LLC, and losses to persons or property resulting from any breach of warranty.

(f) The remedies provided hereunder are strictly conditioned upon prompt and reasonable notice by the PURCHASER to Atlanta Radar LLC within 100 days from the date of delivery of the equipment to PURCHASER, concerning any alleged defect in design, construction, material or workmanship. Upon such notice given, Atlanta Radar LLC will arrange for the inspection of the allegedly defective equipment by a duly qualified technician. In the event that such inspection should indicate that any malfunctioning is not attributable to defective design, construction, material or workmanship, then the PURCHASER shall be billed by Atlanta Radar LLC for transportation, labor costs and incidental expenses arising from such claim.

Cancellation
This contract may be canceled by PURCHASER upon written notice to Atlanta Radar LLC at any time prior to the commencement of actual production and manufacture, provided that PURCHASER shall reimburse Atlanta Radar LLC for all reasonable expenses incurred by it in relation to the agreement to the date of notice. This contract shall not be canceled by PURCHASER after commencement of actual production and manufacture without the written consent of Atlanta Radar LLC. Where production and

manufacture have been commenced under the terms of this agreement, Atlanta Radar LLC, Inc. shall have the right to complete such manufacture, identify the equipment to the contract, and recover the purchase price from PURCHASER notwithstanding the receipt of any notice of cancellation. Where PURCHASER refuses to accept equipment delivered under this contract or repudiates it’s acceptance of such equipment or in any way breaches it’s obligation under this contract, Atlanta Radar LLC may recover the purchase price at its option without any obligation on its part to resell or attempt to resell or otherwise mitigate damages, any law or usage to the contrary notwithstanding.

Parties Bound
This agreement shall be binding upon and inure to the benefit of the parties hereto, and each of them, jointly and severally, and their heirs, executors, administrators, successors, and assigns.

Notice
Any notice required or permitted to be given herein shall be sufficient if in writing and sent by any one or combination of the following methods: (1) First Class and Certified Mail, Return Receipt Requested: (2) prepaid courier or overnight delivery service: or (3) hand and delivered in person. Such notices shall be deemed to have been given as of the date and time actually received by the party, or within twenty-four (24) hours of the time of sending by courier or overnight delivery, or within seventy-two (72) hours of posting in the U.S. Mail to the address of the party as it appears below the signature of that party hereon.

Passage of Title
Title to the equipment described herein shall pass to PURCHASER upon delivery of the Equipment by Atlanta Radar LLC to a carrier for transit to PURCHASER.