Acceptance – Invoicing and Cancellation of Orders – Terms and Conditions
Legion Food Trucks prepares and constructs each order around the customers individual requests and specifications. A tentative layout will be provided to each customer for their review prior to the submittal or acceptance of any offer or quotation made by Legion Food Trucks.
a) Upon acceptance of Legion’s quotation, the customer will provide a $5,000 retainer for Legion’s continued services on the customer’s project. A $1200 fee will then be assessed and taken from the provided retainer for blueprint drafting.
b) Upon completion of the blueprints, a submittal package shall be put together and submitted to the customers respective health agency for review. It is the customer’s sole responsibility to incur and pay for any and all fees associated with the operation and approval of their project. Legion Food Trucks, acting as an agent on behalf of their client, can submit blueprints but must be reimbursed any and all incurred fees within fourteen (14) days of doing so.
c) Upon health department approval, customer must provide Legion Food Trucks with a 50% deposit to commence construction. The remaining retainer balance can be applied as credit to complete the required 50% deposit for initial construction. Customer must approve all blueprints and schematics both before and after health department approval. Customer understands that all blueprints and schematics remain tentative, unless otherwise stated, and that Legion Food Trucks reserves the right to make any and all necessary changes for proper construction to be carried out. Customer will be notified via writing if any such changes must take place.
d) Progress payments are to be made in 3 separate installments. The first progress payment is to made after the initial California State Housing and Community Development (HCD) inspection and will be no less than 25% of the total project cost. The second progress payment is to be made after the final California State Housing and Community Development (HCD) inspection and will be no less than 15% of the total project cost. Final payment is to be made anytime prior to the final health department inspection and will be no less than the remaining 10% of the total project cost. Legion Food Trucks will remain committed to obtaining health department approval and will make any necessary changes for such approval without the inclusion of new or different equipment. Any expense incurred from the addition of new or extra equipment will be the sole responsibility of the customer.
e) Past due invoice are subject to collection and additional fees. A maximum interest rate of 10%, or the maximum allowed by California State law, will be added to the outstanding balance per year.
f) Legion Food Trucks must be informed, via writing, of any cancellation prior to the commencement of construction for a refund to be issued. No refunds will be issued on projects once construction is underway. Any fees and expenses incurred by Legion Food Trucks shall be deducted from the provided retainer or deposit prior to any refund. Any remaining funds will be returned to the customer, via company check, within fourteen (14) days from the notice of cancellation.
g) Any and all legal issues arising from this contract shall be taken before the American Arbitration Association. Any judgement delivered by the appointed arbitrator shall be considered final and binding. The prevailing party will be entitled to financial compensation for any and all legal fees incurred through such arbitration.
Construction Terms and Conditions
It is the customer’s sole responsibility to review and certify the correctness of all blueprints and schematics prior to the commencement of any construction. The customer accepts and understands that any alterations or modifications made to their project after the commencement of construction can represent an additional charge.
a) Customer accepts and acknowledges that construction timelines can be tentative, unless otherwise stated. Legion Food Trucks is subject to both administrative and material delays that can affect the timeliness of delivery. Customer acknowledges that California State Housing and Community Development (HCD) approval, as well as, Health Department approval is not dependant on Legion Food Trucks and must be excluded from any construction timeline.
b) Customer accepts and acknowledges that Legion reserves the right to make any necessary changes, alterations or modifications for the proper operation of the unit being constructed. Customer also accepts that custom construction projects can produce unforeseen circumstances, requiring Legion to make changes during construction. Legion will notify the customer via writing of any changes prior to them being carried out.
c) Upon completion customer agrees to inspect and certify the correctness of their build. Customer certifies that items such as gas, water and electricity have been tested prior to their possession of the vehicle and are in proper working order.
d) Customer acknowledges that Legion Food Trucks must be notified via writing of any defects or issues arising from the operation of their unit. Customer understands and acknowledges that this unit carries a one (1) year limited manufacturers warranty against construction defects. Legion Food Trucks does NOT warranty any third party equipment. All third party equipment and warranty issues must be carried out through their respective manufacturer. Legion Food Trucks agrees to only assist customers with warranty issues pertaining to a third party manufacturer. Legion Food Trucks is NOT responsible for any defects, issues or damage arising from the negligence or misuse of their products. Customer acknowledges that Legion Food Trucks reserves the right to void any and all warranties in the event that Legion Food Trucks is NOT notified of a potentially hazardous issue or in the event that another company or competitor services a Legion vehicle. Legion Food Trucks is not liable for any issues arising from the negligence or misuse of its products.
Health Department Approval
Legion Food Trucks guarantees health department approval only if implicitly stated within the contract. The respective health agency in charge of approval must also be detailed within the contract. Prior to health department submittal, customer must review and approval all blueprints and schematics being submitted for accuracy. Legion Food Trucks, acting as an agent on behalf of the customer, agrees to follow-up and submit revisions to the respective health agency in question. All vehicles and units will be constructed to their exact blueprinted specification. Legion Food Trucks is not responsible for extensive modifications to existing units due to new health code regulations. Legion Food Trucks is also not responsible for the purchase or installation of new equipment due to new health code regulations.
Lost and Substantially Forgotten Work
Any work or works finished by Legion Food Trucks will be left on-site for a maximum of thirty (30) days. If the customer has failed to make arrangements with Legion after the close of business on the 30th day, Legion will move the vehicle into an off-site storage yard.
a) A $30 per day storage fee will be assessed and added to the customers outstanding balance. Any work or works left on site for more than ninety (90) days will become property of Legion Food Trucks and no refunds will be issued.
b) Vehicles left on site will have liens placed on them after sixty (60) days if prior arrangements are not made with Legion. It is the customers sole responsibility to make arrangements with Legion, via writing, if work cannot be picked up in a timely manner. Uncollected or open invoices will still be subject to collection and additional charges.