3. CONDITION OF PROPERTY
a.  Buyer shall have the right to inspect the Tumbleweed prior to shipment or at pick-up, for any material loss, deviations from final agreed written specifications, or damage (collectively called “Damage(s)”) and shall notify Seller at the final inspection or pick-up specifying, any such Damage, with photographs, if delivered.
b.  After taking possession, all reports of any deviations from final written specifications, to the Tumbleweed after shipment or pick-up shall be documented by photographs and submitted to Seller within a seven (7) day period. Seller agrees to promptly repair or make arrangements for repair of all documented deviations from written specifications reported with seven (7) days of agreeing to the nature and extent of the repair with Buyer in writing. Delivery of the repaired Tumbleweed shall be deemed accepted when Buyer is satisfied with the repairs.
c.  If Seller receives no notification of Damage to any Tumbleweed within the seven (7) day period immediately following receipt of delivery of the Tumbleweed at the Designated Location, then delivery of the Tumbleweed shall be deemed accepted for purposes of the Agreement.

4. INSURANCE
a. Seller is not responsible for supplying Buyer with insurance. Buyer acknowledges and accepts their responsibility to obtain insurance for their Tumbleweed while under the care, custody or control of the Seller, before pickup or delivery.
b. A Certificate of Insurance that shows proof that the Tumbleweed is and will be insured MUST be provided to Seller before we will allow Buyer to pick up the Tumbleweed and take it away.
c. Proof of Insurance is required before any Temporary Plates, License Tags or any other State issued vehicle license can be obtained under Colo.Rev.Stat. 24-32-902 or others in any state or country.

5. TERMINATION
The term of this Agreement shall commence on the Effective Date and expire upon the satisfaction of all of the following:
a. Seller receives payment in full of the purchase price
b. The Tumbleweed has been delivered to the Designated Location
c. Buyer has accepted delivery / picked up the Tumbleweed
d. In the event of an act or omission by either Party constituting a material breach or default of this Agreement, the non-defaulting Party may terminate this Agreement for breach. The following terms and conditions shall survive any expiration or termination of this Agreement: Sections 8 through 12.

6. FORCE MAJORE
The failure of Seller to perform any obligation pursuant to this Agreement by reason of “acts of God,” including, but not limited to, acts of governments, terrorism, strikes, political upheaval, riots, wars, accidents, or delays, availability, or deficiencies in materials or transportation, or other causes of any nature beyond its control shall not be deemed to be a breach of this Agreement.

7. MANUFACTURER WARRANTY; DISCLAIMER
After delivery to Buyer, Seller warrants and represents that the plumbing, electrical, roofing, windows and doors installed shall be free from material defects for a period of one (1) year following the date on which the Tumbleweed is delivered to Buyer (“Warranty Period”). In the event that Buyer identifies a material defect with the Tumbleweed, they shall notify Seller within the Warranty Period of the existence of the material defect. Buyer’s sole and exclusive remedy for a breach of this warranty is that Seller will repair or have repaired such defect at Seller’s sole expense. Furthermore, Seller warrants and represents that all appliances in the Tumbleweed will be new. If a material defect of an appliance is found by the Buyer, the Buyer should contact the manufacturer of the appliance directly as soon as possible after discovery thereof, for repair or replacement.

Seller expressly does not warrant or assume any responsibility for damage or defects including, but not limited to, askew doors, windows and off angles, due to environmental conditions beyond our control, including but not limited to: weather conditions, shifting or sliding ground, or user-impacted conditions related to storage, location, vibrations, movement, travel, grading and levelling of ground, weather, disaster, traffic, humidity, temperature, and normal wear and tear. If Buyer makes any warranty claim, Buyer agrees to make the Tumbleweed accessible for repairs during normal business hours. Warranty questions and claims should be emailed to [email protected].

Seller can make no guarantee that Buyer will be able to use the Tumbleweed for its intended purposes, PLEASE CHECK YOUR LOCAL CODES AND STATUTES. THIS RECREATIONAL VEHICLE IS DESIGNED TO PROVIDE TEMPORARY ACCOMMODATION FOR RECREATION, CAMPING, TRAVEL OR SEASONAL USE. IT IS NOT DESIGNED FOR PRIMARY RESIDENCY, AND IN SOME LOCATIONS, CANNOT BE LEGALLY USED AS A PRIMARY RESIDENCE FOR PERSONAL USE.
SELLER MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND THAT BUYER WILL BE ABLE TO USE THE TUMBLEWEED FOR ANY PARTICULAR PURPOSES. THERE ARE NO OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF, AND, OTHER THAN THOSE WARRANTIES EXPRESSLY SET FORTH HEREIN, BUYER TAKES THE TUMBLEWEED “AS IS” AND “WITH ALL FAULTS.” SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY ARISING BY OPERATION OF LAW OR STATUTE, COURSE OF DEALING, USAGE, TRADE PRACTICE OR PERFORMANCE. THERE IS NO IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF NON-INFRINGEMENT. PLEASE CHECK YOUR LOCAL CODES AND STATUTES IF ANY LIMITATIONS MAY APPLY.

NO WARRANTIES AFTER AGREEMENT SIGNED. AFTER THIS AGREEMENT IS SIGNED, ANY AFFIRMATION OF FACT OR PROMISE, ANY DESCRIPTION OF THE TUMBLEWEED OR ANY PART OF IT, OR ANY SAMPLE OR MODEL PROVIDED FOR INSPECTION MADE BY ANY EMPLOYEE OR AGENT OF SELLER TO THE BUYER WHICH RELATES TO THE TUMBLEWEED, IS AGREED DO NOT FORM ANY PART OF THE BASIS OF THE BARGAIN FOR THE RV AND DO NOT CREATE ANY EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO SUCH AFTER-SIGNED (POST EXECUTION) PROMISES, DESCRIPTIONS OR SAMPLES OR MODELS. THERE IS NO IMPLIED WARRANTY WITH REGARD TO DEFECTS WHICH AN EXAMINATION BY THE BUYER OUGHT, IN THE CIRCUMSTANCES, AND AFTER INSPECTION, TO HAVE BEEN REVEALED TO BUYER [C.R.S. 4-2-316 (2016) AND OTHER APPLICABLE LAWS].

An extended warranty purchased by buyer is serviced by the warranty company and not by Tumbleweed.

8. GOVERNING LAW – VENUE FOR DISPUTES
The parties hereto agree that this agreement shall be subject to the jurisdiction and venue in the appropriate state and U.S. courts in El Paso County, Colorado, and it is agreed to be governed, construed, interpreted and enforced under the internal laws of the State of Colorado, irrespective of its choice of law principals.

9. MEDIATION
Buyer and Seller agree to initially mediate any dispute or claim arising from this Agreement, or any resulting transaction in El Paso County, Colorado. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if the attorney’s fees would have been otherwise available to that party in any such action.

10. ENTIRE CONTRACT; CHANGES
All understandings between the parties are incorporated in this Agreement. The terms of this Agreement are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or prior or contemporaneous oral agreement or representation. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing signed by Buyer and Seller.

11. SURVIVAL OF TERMS
Notwithstanding the foregoing, all provisions hereof relating to the Party’s Proprietary Rights, Confidentiality, Non-Disclosure, Governing Law, No Reproduction Rights, and Mediation, shall survive any termination or expiration of this Agreement.

12. NO REPRODUCTION RIGHTS
This sale does not give the buyer any rights to reproduce, distribute, or make any other use of the TUMBLEWEED® Trademark and logo, any plans, specifications, instructions, manuals, photographs or other such materials supplied with your Tumbleweed without our express written permission. Buyer may not build any similar product, which is a proprietary design of Tumbleweed Tiny House Co. Buyer agrees that he/she/ it will not reverse-engineer any Tumbleweed for any reason.