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General Terms and Conditions of Sale Terms The term ACI shall mean American Carports, Inc. The term Buyer shall mean the customer listed on the front page of the written Agreement.
Governing Law This instrument contains the entire agreement between the parties and no statement, promise, or inducement made by any party hereto, or agent representative, or employee of either party hereto, which is not contained in this written Agreement shall be valid or binding. There are no representations, warranties, agreements, or promises pertaining to the products or installation not expressly included herein. Customer is not relying on any statements or representations of any agent of ACI or any oral representation. This Agreement may not be enlarged, modified, or altered except in writing signed by the parties. This agreement is perform-able in Johnson County, Texas and the laws of Texas shall apply to the interpretation of this Agreement. This Agreement shall be construed as though jointly drafted by both parties. Venue for any disputes between the parties shall be Johnson County, Texas to the exclusion of any other permissible venue and the parties stipulate to a transfer of venue should any dispute be brought in any other venue. There are no other agreements and/or representations not embodied in this agreement, the same being specifically denied. THE BUYER AGREES AND STIPULATES THAT ANY DISPUTE ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY TO JOHNSON COUNTY, TEXAS TO THE EXCLUSION OF ANY OTHER PERMISSIBLE VENUE. THIS IS A MATERIAL INDUCEMENT FOR ACI TO PROVIDE GOODS AND SERVICES TO BUYER AND ACI WOULD NOT AGREE TO DO SO WITHOUT THIS PROVISION. In the event any provision of this Agreement is determined invalid, the remainder of the Agreement shall remain in full force and effect and the invalid provision shall be revised by a competent court to as near as drafted to correct the invalidity.
Integration of Terms and Conditions This Agreement is subject to the terms and conditions maintained in ACS’ purchase order contract and those terms and conditions are incorporated herein as though set forth in their entirety. The additional terms and conditions may be found in the contract signed at time of purchase.
Recovery of Attorneys Fees ACS is entitled to recover its collection and litigation costs, including attorneys’ fees, in the event of a dispute regarding this Agreement.
Prices, Payment and Risk of Loss