Terms & Conditions
Your Azure Printed Backyard Studio, ADU or Home (the “Unit”) Pre-Order Agreement (the “Agreement”) is made up of the following documents:
1. Unit Configuration: The Unit Configuration will be confirmed with you at a later date. It will describe the Unit that you configure, including pricing (excluding taxes, deliveries and installation).
2. Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on your Unit Configuration and will include taxes, delivery and installation fees.
3. Terms and Conditions: These Terms and Conditions are effective as of the date you place your pre-order and make your Pre-Order Payment (the “Pre-Order Date”).
Agreement to Purchase
You agree to pre-order the Backyard Studio, ADU or Home (the “Unit”) that you configured when you made your Pre-Order Payment and by taking delivery, completing the transaction when the Unit is ready for delivery from Azure Construction, Inc. dba Azure Printed Homes or its affiliates (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Unit is priced and configured based on features and options available at the time of order and you can confirm availability with an Azure representative. Options and features released after you place your order may not be included in or available for your Unit.
Pre-Order Price, Taxes, Delivery and Installation Fees
The pre-order price of the Unit will be confirmed in your Unit Configuration and Final Price Sheet. As you may have only configured part of your Unit, any pre-order price provided to you in advance of the Final Price Sheet is only being offered to you as an estimate and is subject to change. Any pre-order price listed in the Unit Configuration will not include taxes, delivery and installation fees. Because these fees will depend on many factors, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.
Pre-Order Process; Cancellation; Changes.
After you submit your completed pre-order and the options you selected become available in production, we will invite you to complete the configuration of your Unit. We will then issue you the Unit Configuration and Final Price Sheet based on the base price of the model and any options included or that you select. Your Pre-Order Payment covers the cost of these activities and other processing costs and is not a deposit for the Unit. Until your Unit begins being printed, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. Until your final configuration is matched to a Unit, you may make changes to your Unit Configuration. If you make changes to the configuration of the Unit, you may be subject to potential price increases for any pricing adjustments made since your original Pre-Order Date. Any changes made by you to your Unit Configuration, including estimated delivery date, will be reflected in a subsequent Unit Configuration that will form part of this Agreement. When you take delivery of the Unit, we will provide a credit to the final pre-order price of your Unit equivalent to the amount of the Pre-Order Payment you paid. This Pre-Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
You agree that there will be a shipment contract under which Azure will coordinate the shipping of the Unit to you via a third-party common carrier. You agree that delivery of the Unit, including the risk of loss to you, will occur at the time your Unit is loaded onto the common carrier’s transport (i.e., FOB shipping point). The carrier will insure your Unit while in transit and you will be the beneficiary of any claims for damage to the Unit or losses occurring while the Unit is in the possession of a common carrier. You understand that Azure may not have completed the development of Unit or begun manufacturing Unit at the time you entered into this Agreement and so we do not guarantee when your Unit will actually be delivered. Your actual delivery date is dependent on many factors, including your Unit’s configuration and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Unit and all proceeds therefrom until your obligations have been fulfilled.
Agreement to Arbitrate
Please carefully read this provision, which applies to any dispute between you and Azure Construction, Inc. and its affiliates, (together “Azure”). If you have a concern or dispute, please send a written notice describing it and your desired resolution to firstname.lastname@example.org. If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Azure will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products. We will pay all AAA fees for any arbitration, which will be held in the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org. The arbitrator may only resolve disputes between you and Azure, and may not consolidate claims
without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing Azure Units. In other words, you and Azure may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated. If you prefer, you may instead take an individual dispute to small claims court. You may opt out of arbitration within 30 days after signing this Agreement by sending a notice by certified mail to: Azure; 3877 Grand View Blvd; Los Angeles, CA 90066, stating your name, your address, and intent to opt out of the arbitration provision. If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us.
You will receive the Azure Limited Warranty at or 30 days after the time of Unit delivery. You may also obtain a written copy of your warranty, which will be available as delivery nears, from us upon request or from our website.
Limitation of Liability
We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Pre-Order Payment.
No Resellers; Discontinuation; Cancellation
Azure and its affiliates sell Units directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Unit or that has otherwise been made in bad faith. We may also cancel your pre-order and refund
your Pre-Order Payment if we discontinue a product, feature or option after the time you place your pre-order or if we determine that you are acting in bad faith.
Governing Law; Integration; Assignment
The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State in which your Unit is scheduled to be delivered, such address indicated on your Unit Configuration. Prior agreements, oral statements, negotiations,
communications or representations about the Unit sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
State Specific Provisions
You acknowledge that you have read and understand the provisions applicable to you in the State-Specific Provisions.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.