“COVER OUR FEATHERS” CUSTOMER BUILD AGREEMENT
Thank you for choosing Carolina Coops as your custom chicken coop builder! We appreciate your business and strive to meet all of your wants and needs in a chicken coop! Please review and sign this Customer Build Agreement (the “Agreement”), which is to be completed and returned to DuBoise Enterprises, Inc. d/b/a Carolina Coops (the “Company”) before production of Customer’s chicken coop (“the Coop”) can begin. By signing below, Customer and Company agree to be bound by the terms and conditions detailed below.
- Coop Build. Company shall build the model of chicken coop shown on the invoice attached as Exhibit A, to the specifications detailed on the invoice. If the specifications on the invoice and Company’s website differ, the specifications on the invoice shall control. Customer is responsible for ensuring that any modification, deviation, or customization required by Customer is noted on the invoice.
- Price and Payment. Customer shall purchase the Coop for the price specified on the invoice (the “Purchase Price”), as follows:
- Deposit. Customer shall deposit 50% (or other amount, if specified) of the Purchase Price at the time of executing this Agreement. Upon receipt of the deposit, estimated construction and delivery or pickup dates shall be scheduled by Company. Once construction of the Coop begins, it will be completed.
- Refund. Before construction begins and before special materials (if any) have been ordered or purchased, Customer may request a refund of their deposit, which Company will refund. If construction has begun or any special materials have been ordered or purchased, Company will complete construction of the Coop, and Customer shall be responsible for the remaining balance. Company may attempt to sell the Coop to another customer, and if such resale occurs, Company shall refund the deposit to Customer, less a fee of 25% of the deposit or the cost of any special order materials, whichever is greater.
- Hold. Before construction begins and before special materials (if any) have been ordered or purchased, Customer may request to place their order on hold for up to one year from the hold date. Customer will notify Company when they are ready to proceed. Construction will begin and special materials (if any) will be ordered or purchased only after Customer pays its balance in full.
- Expedited Build Slots. Any deposits for expedited build slots cannot be refunded or held.
- Balance. Customer shall pay any remaining balance on the Purchase Price before the Coop leaves Company’s location. Company shall not release the Coop until the balance has been paid in full. Company is not responsible for any additional costs, including but not limited to delivery fees, rescheduling fees, and cancellation penalties, caused by any delay in releasing the Coop due to Customer’s payment not being received by Company.
- Additional Expenses, Fees, and Taxes. Customer is solely responsible for any additional fees or taxes that may occur after Company surrenders possession of the Coop, including but not limited to, any additional freight or delivery fees, any fees or fines assessed by a homeowners’ association, any fees or fines assessed by any governmental organization, any sales tax due in any state outside North Carolina, and the cost of replacing any lost or damaged parts.
- Payment Transaction Fee. There may be an additional 3.6% transaction fee applied to any purchases by credit card, debit card, PayPal, Venmo, and CashApp, which is applied by the processing vendor. Customer can avoid this fee by paying in cash, money order, or check.
- Delivery or Pickup Method. Customer must choose their delivery or pickup method from the following: Customer pickup, freight to residence, or freight to terminal. Customer’s chosen delivery or pickup method will be detailed in Exhibit B attached hereto.
- Delivery or Pickup Date. The delivery or pickup date on the invoice is estimated and Company does not guarantee delivery or pickup availability on that date. Customer will be informed of updated delivery or pickup date estimate when construction begins and when the Coop is ready for pickup or when the Coop leaves Company’s location for delivery, as applicable.
- Customer Safety. For everyone’s safety, Customer shall not participate in any loading, unloading, or other handling of the Coop being performed by Company or its shipping vendors, if applicable. Company is not responsible for any damage to Customer’s or any other property nor injuries to Customer or any other person related to the assembly, operation, or any other activity related to the Coop, after Company has surrendered possession of the Coop.
- Company encourages Customer to add the Coop to their homeowner’s or renter’s insurance policy.
- Company shall provide assembly instructions with any unassembled Coop. Customer is solely responsible for maintaining safe conditions during such assembly. Customer is encouraged to contact Company to speak with one of Company’s build professionals if they have any questions about the instructions.
- Customer is encouraged to unpack and assemble the Coop with help from one or more additional people, because the parts may shift as the palette is unpacked and some pre-assembled parts of the Coop are heavy or cumbersome and may require more than one person to lift or manipulate safely. Customer is encouraged to read the instructions completely before beginning the assembly and to inspect all materials and hardware for sharp edges or points while unpacking and assembling the Coop, and to sand any such edges or points that pose a safety hazard when assembling or using the Coop. Assembling parts at the top of the Coop may require working from an elevated platform, for which Company recommends using a scaffolding system if possible. Company encourages Customer to take extra care to maintain safety while working from an elevated platform of any kind.
- Company provides all necessary materials and hardware, but Customer is responsible for providing their own tools for assembly. Customer is solely responsible for ensuring any tools used in the assembly of the Coop are used safely, and Company encourages Customer to follow each tool’s manufacturer’s safety instructions when assembling the Coop.
- Company encourages Customer to follow basic work safety practices, including but not limited to, wearing appropriate safety equipment (work gloves, safety glasses, earplugs, etc.), avoiding loose or dangling clothing, jewelry, and hairstyles, and taking care to keep one’s hands and body away from the path of the work being done.
- Customer is encouraged to supervise any children who are in or around the Coop to ensure the children’s safety. The many doors, windows, and other openings present in the Coop may present a hazard to children, especially when sharing space with chickens.
- Company is not responsible for any modifications, additions, subtractions, or other deviations from the Coop as specified in the provided assembly instructions that are made by Customer or any party other than Company. Any electrical lines or equipment installed on, in, or near the Coop should be installed by a licensed electrician.
- Force Majeure. Company is not responsible for any delay in the construction, delivery, or pickup of the Coop resulting from (1) inability to timely obtain labor, materials, or equipment needed, (2) government restrictions on the purchase or sale of materials or the operation of businesses, (3) strikes or labor difficulties, (4) war, acts of God, natural disasters, or infectious disease, or (5) any other event beyond the control of Company.
- Warranty. The Coop is sold as is.
8. Intellectual Property. The exclusive right, title, and interest in and to all ideas, designs, creations, concepts, techniques, inventions, discoveries, works of authorship, and improvements thereto and physical manifestations thereof (whether or not patentable or copyrightable) related to the Coop and Company’s trademarks, trade names, patents, and trade dress (collectively, “Intellectual Property”) shall be retained by Company. Customer shall not use any of the Intellectual Property for its own benefit or pecuniary gain or for the benefit or pecuniary gain of any third party.
- Chicken Behavior. Chickens are natural creatures, and each chicken is unique. Company is not responsible for the health or safety of Customer’s chickens, and Company cannot guarantee that each of Customer’s chickens will choose to utilize every function of the Coop as it is designed. Customer is solely responsible for maintaining a safe and healthy environment for their chickens, and encouraging their chickens to use the Coop.
- General Provisions. This Agreement, including any exhibits or schedules, represents the entire understanding between the parties on the matters addressed herein and may not be modified, changed, or altered other than in writing signed by both parties. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall remain in force and shall be interpreted so as best to effect the intent of the parties. The parties agree and acknowledge that all provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina exclusively and without reference to principles of conflict of laws. Any action regarding this Agreement shall be heard in the courts of Granville County, North Carolina. This Agreement may be executed in any number of counterparts with the same effect as if all parties had signed the same document. All counterparts shall be construed together and shall constitute one instrument. Portable document format (PDF) and electronically signed versions of the Agreement shall be as effective as an originally executed document.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last signed below.