NOTE: All agreements are subject to cancellation by the Company based on credit review of Buyer and must be signed on behalf of Hy-Mark Mechanical Inc. (referred to herein as the “Company”) to be valid

Price: The price contained in this Agreement is fixed for a period of thirty (30) days after the date this agreement is signed on behalf of the Company. If the Buyer does not deliver a signed and unchanged copy of this Agreement to the Company within such thirty (30) day period this offer to supply the Equipment and do any work on account hereof for the stated price shall lapse and the Company can alter the price to be charged for the supply of the Equipment and for any work on account hereof to its current rates if the Buyer wishes to proceed thereafter. In essence, this offer by the Company to supply the Equipment and do any work on account hereof for the price set out above lapses if not accepted within such thirty (30) day period with written notice of acceptance being delivered to the Company within such thirty (30) day period by delivery of a signed copy of this Agreement to the Company.

Interest: If the Buyer fails to make payment when due as required by this Agreement, the Buyer shall pay to the Company interest on such amount at a rate of 24% per annum calculated annually and not in advance calculated from the date the payment is due both before and after judgement until payment is made in full.

Notice of Cancellation: To cancel this Agreement, the Buyer must give written notice of cancellation at the address of the Company shown of the first page of this contract during regular business hours. The Buyer must be given notice of cancellation by a method that will allow clear proof of delivery such as registered mail, fax, or by personal delivery.

Warranty: The Buyer acknowledges that some Equipment to be installed pursuant to this Agreement may be subject to a Manufacturer’s Warranty program. The Company assigns any such Manufacturer’s Warranty coverage to the Buyer. Any such Equipment shall only be subject to such Manufacturer’s warranty and the Company shall provide no additional warranty coverage for any such Equipment. The Company shall guarantee the proper installation and operation of all other Equipment or Work installed or completed by the Company pursuant to this Agreement for a period of one (1) year from the date of completion of the said Work or installation of such Equipment.

Warranty Coverage Void: If the Buyer fails to pay the balance due on completion, plus any applicable interest or other charges payable pursuant to this Agreement, the company is absolved and discharged from all warranty coverage for the Work.

Title: Title to the Equipment shall not pass to the Buyer until all amounts due and owing to the Company have been paid in full and all risks associated with the Equipment shall be borne by the Buyer pending receipt by the Company of the Buyer’s payment(s) in full in accordance with this Agreement.

Removal of Materials: In addition to its rights to sue the Buyer and recover judgment against the Buyer for the balance due pursuant to this Agreement if the Buyer fails to make any payment when due as required by this Agreement, the company may, at its sole option, enter upon the premises in which the Equipment has been installed and related work completed to remove and repossess the Equipment. The Buyer shall then owe to the Company the difference between the balance owing to the Company on account of this contract inclusive of any accrued interest and/or costs incurred by the Company for the removal, storage and/or sale of the removed materials less the fair market value of the removed materials as estimated by the Company acting reasonably.

Privacy Protection Commitment: Hy-Mark Mechanical Inc. (Hy-Mark) respects and protects your privacy. Hy-Mark will never sell, share or distribute the information that the Buyer submits to any companies, organizations or persons outside of Hy-Mark without the Buyers consent to do so.

Contact Information Consent: By providing to the Company the Buyer’s Contact Information, the Buyer consents to the collection, use, retention and disclosure of this information by Hy-Mark. For further information regarding Hy-Mark’s Privacy Policy, please refer to Hy-Mark’s Privacy Policy posted at, or contact Hy-Mark by telephone at (800)727-0750.

Credit Information Consent: The Buyer authorizes Hy-Mark mechanical Inc. and their agents, to obtain and verify information about his/her/their creditworthiness, including but not limited to credit bureau rating reports and Buyer’s employment history, and consents to the release of such information by any third parties. The Buyer acknowledges that such information is collected by Hy-Mark Mechanical Inc. to determine the Buyer’s creditworthiness in connection with the goods and/or services to be provided pursuant to this Agreement or any other agreement the Buyer may enter from time to time. The Buyer represents and warrants the Credit Information provided by the Buyer is true and accurate.

The Buyer is required to make payment in full for the balance due on account of this contract in a single payment forthwith upon the Company delivering a written invoice or statement of account to the Buyer.

The amount due on delivery of the foregoing invoice or statement of account is:

  • unconditionally interest-free until the delivery of the said invoice or statement of account; and,
  • unsecured apart from liens on the work that may arise by operation of law.
    There no non-interest charges and the Company cannot assign this agreement to the ordinary course of business other than as security. CREDIT INFORMATION IN THE CASE OF TWO OR MORE BUYERS, THE BUYERS AGREE THAT ALL OBLIGATIONS AND LIABILITIES PURSUANT TO THIS AGREEMENT SHALL BE JOINT AND SEVERAL