TERMS AND CONDITIONS:
Metal Carport or Building order Cancelation:
Site Preparation. Building is to be installed on your level lot. If lot is not level additional charges may apply
Buyer Cancelation. Buyer has 3 days from the day you place your order and receive a refund of your full deposit. Deposits are for the purpose processing and preparation of your order. Deposits on orders canceled after the three day grace period will not be refunded. However your deposit may be applied towards the deposit portion on any metal building purchased through Carports and More for the period of 3 years from the date of your written cancelation. You must keep record of your written cancelation.
Metal Building Permits Permits are your responsibility. You will need to contact your local county or city to find out their requirements. All requirements such as Set Backs, etc. should be resolved before ordering. Once plans are sent your deposit is non-refundable. If your permit is denied for reasons other than the plans. The units on the carport builder are non certified prices except Florida. For certified buildings you will need to verify pricing. If plans are required a generic set of engineered plans are available in most states. In some areas local codes may override footing requirements shown on generic plans. If building specific plans and or calculations are required they will have to be purchased. Plans and calculations are extra at all times for the following states: CO, ID, MT, ND, NE, SD, UT, WY, other states may apply please contact us if you have any questions.
Delivery Time The manufacturer tries to install all units within 60 working days of approval. However this is not a guarantee of a specific date of delivery. The manufacturer does everything possible to install your building in as short a time possible. The average time is 4 to 8 weeks. 85% of units are installed within 6 weeks. Orders taken from late summer to early fall / winter can experience delayed install times due to weather conditions and/or holidays. Orders in areas where the ground freezes will be put on priority status once the ground thaws. Prices are protected should the manufacturer increase prices during this time. If you are contacted for installation and are not able accept installation, the time period for installation starts from the date you were initially contacted.
Order cancelations and returns for products other than metal buildings or carports: Orders may be canceled prior to shipping. Once an Item is shipped the buyer will be responsible for the return shipping and a restocking charge. A RMA must be obtained prior to returning or no credit will be made.
OTHER: Terms & Conditions
Welcome to the Carports and More Inc. Inc. website. This Terms of Use Agreement constitutes a legally binding contract between Carports and More Inc. Inc. a California Company (Carports and More Inc., we, us, our) and you with respect to your use of the Carports and More Inc. Inc. website, Carports and More Inc. Inc. applications for products, and the Information and Services (each as defined below) (collectively, the Website). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Website or any of the Information or Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
We reserve the right at any time, with or without cause, to:
- change the terms and conditions of this Agreement;
- change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website; or
- deny or terminate your use of and/or access to the Website.
Any changes we make will be effective immediately upon our making such changes available on the Website or otherwise providing notice thereof. You agree that your continued use of the Website after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed at http://carportsandmore.com/privacypolicy) and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
Permitted Use of Services and Information
The services made available on, by or through the Website, which include or may include, without limitation, Carports and More Inc. registration, message boards and involvement in Carports and More Inc. events (collectively, the "Services"), as well as any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the "Information"), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted herein. Without the written consent of Carports and More Inc., no Information or any other Carports and More Inc. materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted herein.
Carports and More Inc. permits you to view and print a reasonable number of copies of web pages located on the Website for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Carports and More Inc., (c) the material is printed in its entirety without modification, reformatting or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement and remain the property of Carports and More Inc.. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Carports and More Inc. promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Carports and More Inc. or others.
Registration
Access to certain functionalities of the Website will require you to register with and/or provide certain information to Carports and More Inc.. We reserve the right to decline to provide Services to any person for any or no reason. If and when you register with or provide information to Carports and More Inc., you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Website, Services, and/or Information. You understand that any information you provide will be treated by Carports and More Inc. in the manner described in our Privacy Policy, which can be found at http://carportsandmore.com/privacypolicy.
Postings and Other Submissions
As part of your use of the Website, you may participate in certain message boards, member communications and/or other public forums. Your participation is voluntary; however, by choosing to create post photos or comments, send any messages, submit any ideas or feedback, or otherwise participate in any Carports and More Inc. forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, suggestions, feedback, reviews or content provided by you (collectively, "Content") may be viewed by the general public and will not be treated as private, proprietary or confidential, and you authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
By posting or providing any Content on the Website, you represent and warrant to Carports and More Inc. that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person appearing in the photograph to use their image and permit us to use and license it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement. By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement.
Carports and More Inc. may enable you to post ratings or reviews of vendors and/or service providers on the Website (your “Reviews”). Reviews are considered Content. You may not post any reviews about a vendor and/or service provider if you are (a) an employee, contractor, officer or director of the vendor and/or service provider; (b) an employee, contractor, officer or director of a competitor of the vendor and/or service provider; or (c) related to the vendor and/or service provider in any way, including blood, adoption or by marriage. By posting a Review, you acknowledge and agree that such Content:
- (1) is based upon your first-hand experience with the vendor and/or service provider that is the subject of the Review;
- (2) is accurate, truthful and complete.
You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person.
If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We cannot and do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Website.
Third-Party Links
The Website may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement.
Third-Party Products and Services
Descriptions or images of, or references to, third-party products, services or publications on the Website do not imply our endorsement of such products, services and publications, and we are not responsible for, and disclaim any endorsement of, any such product, service or publication.
Reviews are solely the opinions of the users that post them and none of the Reviews contain or reflect any opinions or views of Carports and More Inc..
Acceptable Use Policy
You agree not to use the Information, Services or the Website to take any action or actions that:
- a) are contrary to Carports and More Inc.'s public image, goodwill or reputation;
- b) infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- c) express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
- d) violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- e) are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- f) transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- g) restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
- h) modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
- i) remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
- j) sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
- k) "frame" or "mirror" any part of the Website without our prior written authorization;
- l) distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- m) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Carports and More Inc. or its licensors or suppliers;
- n) involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
- o) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
- p) forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
- q) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website's servers or any data not intended for you; and/or
- r) harvest or collect information about any Website visitors or members without their express consent.
Improper use of the Information, Services and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.
Ownership
The Website is owned and operated by Carports and More Inc. and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Carports and More Inc. and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written permission. The Information, Website, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Carports and More Inc. or, if so indicated in writing by Carports and More Inc., its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information.
The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered trademarks of Carports and More Inc., Carports and More Inc. licensors and suppliers, and/or others. Carports and More Inc.® is a registered trademark of Carports and More Inc., Inc. Nothing contained in this Agreement or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Carports and More Inc., Carports and More Inc. licensors or suppliers, or the third party owner of any such Trademark, except as set forth in the following paragraph.
Carports and More Inc. Buttons, Links and Widgets
You may use the Carports and More Inc. buttons, links and widgets displayed on the 'Buttons and Badges' section of this Website provided that (a) such buttons, links and widgets link only to the Website; (b) you do not modify such buttons, links, widgets or associated code in any manner, (c) you do not use any such buttons, links, widgets in any manner which implies or suggests that Carports and More Inc. operates, endorses, sponsors or recommends the website on which such buttons, links and widgets are used, and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate the Carports and More Inc. acceptable use policy stated above. You acknowledge and agree that all rights in and to the Carports and More Inc. trademarks are our exclusive property, and any goodwill generated by your use of any Carports and More Inc. trademark will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any Carports and More Inc. trademark. We retain the right to revoke the permission to use such buttons, links and widgets at any time for any reason.
No Use by Children Under 13
You hereby affirm that you are over the age of 12, as this Website is not intended for children under 13. If you are under 13 years of age, then you may not use the Website. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Claims of Copyright or Trademark Infringement
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Carports and More Inc. also reviews claims of trademark infringement. If you believe in good faith that materials hosted by Carports and More Inc. infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Carports and More Inc. to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Carports and More Inc. will not respond to complaints that do not meet these requirements. If Carports and More Inc. determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Carports and More Inc. will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Carports and More Inc. may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to the Website must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement
copyright@CarportsandMore.com
CPAM Complaints
Carports and More Inc.
2347 Gold River Rd., Unit E
Gold River, CA 95670
Fax: (650) 433-4249
Term & Termination
This Agreement is effective from the date that you first access the Website or submit any information to Carports and More Inc., whichever is earlier, and shall remain effective until terminated in accordance with its terms. Carports and More Inc. may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Carports and More Inc. rights of ownership shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Carports and More Inc. to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.
Disclaimers
THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATABILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER CARPORTS AND MORE INC. NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. NEITHER CARPORTS AND MORE INC. NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) ANY INACCURANCY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES OR (2) YOUR HIRING OR ENGAGEMENT OF, OR ASSOCIATION WITH, ANY THIRD PARTY ADVERTISING OR OFFERING SERVICES THROUGH THE WEBSITE.
Indemnification
You agree to fully indemnify, defend, and hold Carports and More Inc., our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Website or other websites to which the Website is linked; and/or (d) your negligence or willful misconduct.
Jurisdictional Issues
Carports and More Inc. makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Dispute Resolution/Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Sacramento, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Sacramento, California. For the sake of clarity, nothing in this paragraph shall affect Carports and More Inc.'s ability to seek from a court injunctive or equitable relief at any time.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
Miscellaneous
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by Carports and More Inc. as provided herein or otherwise by written instrument signed by Carports and More Inc.. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Carports and More Inc.'s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Carports and More Inc. may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
ADDITIONAL STEEL BUILDING MANUFACTURE - TERMS AND CONDITIONS
AMERICAN STEEL INC. ..... THINGS YOU SHOULD KNOW
1) All sales are C.O.D. payment of balance in full due at time of installation.
2) Height is measured from the ground to the sidewall not the peak. On Standard and A-Frame Horizontal models, the length measurement is for the roof and siding. (The base rail is 12 inches shorter than the roof and siding).
3) The customer is responsible for informing the installers of any underground cables, gas lines, or any other utility lines. We will not be responsible for any damages to unmarked or un-located utilities.
4) If there is a price discrepancy over $20.00, the company reserves the right to cancel the order.
5) All quoted prices include installation on level ground at ground level only.
6) If any additions are made after the building is completed, there will be a $100.00 return fee plus the cost of the addition.
7) If customer wants insurance on the building, it is customer's sole responsibility to contact customer's insurance company to secure coverage. American Carports, Inc. highly recommends that customer secure insurance coverage for the building.
8) It is the sole responsibility of the customer to check for permits or restrictions regarding installation of the product. Some state and local ordinances may require a foundation prior to installation. American Carports, Inc. does NOT install foundations and all costs associated with foundations shall be the sole responsibility of the purchaser.
9) It is highly recommended that all ground, gravel or blacktop installation be securely fastened with mobile home anchors. In the case of installation on concrete, it is highly recommended that concrete anchors be utilized. Rebar anchors are designed for temporary use only. American Carports, Inc. will not be responsible for any damage to the structure if the customer chooses to use only the rebar anchors provided with the carport and failure to utilize the proper anchoring method will void your warranty. The customer is responsible for patching and repairing blacktop after anchors are installed.In some cases, it is not possible to install all of the mobile home anchors due to rocky or other ground conditions. In such cases, American Carports, Inc. will reimburse the customer for the mobile home anchors that are not used but the customer will still be responsible for the full price of the building.
10) American Carports, Inc. has a select group of factory-trained installers. The warranty will be void if the unit is installed by anyone other than our approved independent contractors.
11) Your lot must be level or the unit will be installed AS IS on the lot. Additionally, it is the customers sole responsibility for ensuring the installation area is adequately prepared/cleared for installation. If, upon arrival, the installers find the lot in an unsuitable condition, a $100 return trip surcharge will be added to the balance owed.
12) If you are a tax-exempt purchaser, a copy of your tax exemption certificate must be attached to this original form.
13) The quoted price above does not include any extra tasks or requests by the customer. Any such additional tasks or requests will require a separate quotation and approval by American Carports,Inc.
BALANCES OWING: All unpaid balances must be paid in full at the time of installation. If balances due and owing are unpaid at the time of installation, you will be in default of this agreement and American Carports, Inc. reserves the right to repossess the carport/garage and/or charge interest of 5% per annum or the maximum allowed by applicable state law, whichever is lower, on unpaid balances. If you choose to cancel the installation of the structure, American Carports, Inc. is not responsible for returning your 10% down payment.Buyer Cancelation. Buyer has 3 days from the day you place your order and receive a refund of your full deposit. Deposits are for the purpose processing, preparation and fabrication of your order. Deposits on orders canceled after the three day grace period will not be refunded. However your deposit may be applied towards the 10% deposit portion on any metal building purchased through Carports and More Inc. for the period of 3 years from the date of your written cancelation.ALL SPECIAL ORDERS REQUIRE A NON-REFUNDABLE 60% DOWN PAYMENT PRIOR TO THE COMMENCEMENT OF ANY WORK, DESIGN, OR FABRICATION.
American Steel Inc. General Terms and Conditions of Sale
Governing Law.The parties acknowledge that the transaction that is the subject matter of this contract bears a reasonable relation to the state of Ohio and agree that the law of the State of Ohio will govern their rights and duties. The parties specifically intend that the provisions of Chapter 1302 of the Ohio Uniform Commercial Code will control as to all aspects of this contract and its interpretation, and that all the definitions contained in it will be applicable to this contract except where the contract may expressly provide otherwise. THE COURTS OF OHIO SHALL HAVE EXCLUSIVE JURISDICTION OVER THE PARTIES AND THE CLAIMS ARISING UNDER OR RELATED TO THE AGREEMENT.
Recovery of Attorney’s Fees. To the extent otherwise permissible by law, American Carports, Inc. reserves the right to recover attorney’s fees and reasonable expenses arising out of any cause of action for which American Carports, Inc. is successful and/or found least culpable.
Formation, Integration, Modification. The terms of this contract are intended by the parties as a final expression of their agreement with respect to these terms and also as a complete and exclusivestatement of the terms. This agreement is a final, complete and exclusive statement of the Agreement of the parties. No modifications, limitations, waivers or discharge of the Agreement or any of its terms shall bind Seller unless in writing and signed by Seller’s authorized employee at its home office. Notwithstanding anything to the contrary in this Agreement, no modifications, limitation, waiver, or discharge of any provision of the Agreement shall affect the Buyer’s liabilities to Seller accrued prior thereto. Seller may correct unilaterally any mathematical and typographical errors in the Agreement. Typed provisions of the Agreement take precedence over printed provisions. A course of performance, course of dealing, or customs in the trade shall not constitute a modification or waiver by Seller of any right by Seller. The Agreement is only for the benefit of the parties, except all disclaimers and limitations applicable to Seller shall be for the benefit of Seller agents, employees, contractors, and suppliers. If any provisions are determined to apply to third parties, all other provisions including limitations, waivers, and disclaimers shall also apply.
Prices, Payment and Risk of Loss. Prices contained in Seller’s published price lists, if any, are subject to change without notice. Prices in individual written quotations or proposals are firm only for a period of thirty (30) days from the date of the quotation after which Buyer should inquire of Seller as to their validity and request a written confirmation or revision. Prices do not include taxes and Buyer shall pay all applicable sales or other taxes levied with respect to Goods (and replacements) in the Agreement, unless exempt therefrom. All prices are in United States dollars. Buyer shall pay all government fees levied on the installation and inspection of the Goods. Buyer shall pay upon receipt all invoices rendered by Seller for any such items Seller may pay and for the Goods.
This Agreement is for the delivery and erection of fabricated metal structures and the Goods shall be delivered F.O.B. the Buyer’s place of delivery. Risk of loss passes to the Buyer upon tender of the Goods to the buyer. Seller’s breach of the Agreement shall not affect the passing of the risk of loss to Buyer notwithstanding any provision of law to the contrary. It is Buyer’s responsibility to ensure that the building/carport is covered under Buyer’s homeowner or other insurance. Seller may unilaterally increase prices to cover increased costs (plus reasonable overhead and profit) of design, materials, and manufacturing required by changes requested by Buyer after the date of any quotation. All amounts not paid to Seller when due shall incur a carrying charge of 5% per annum or the maximum allowed by applicable state law, whichever is lower. All amounts due on installation or other event which requires the action or cooperation of Buyer which Buyer fails to supply timely shall become due upon such failure. If payment is made by check and the check is returned NSF, Buyer will be responsible for additional expenses incurred by Seller as a result of the returned check. Seller reserves the right to charge additional fees as allowed by law for checks returned NSF. These fees may include a $20 service charge.
Delivery.Shipping and Installation dates are estimated based on Seller’s present engineering and manufacturing capacity and scheduling, and may be revised by Seller upon receipt or scheduling of Buyers order. All shipping dates are approximate and shall be computed from the date of entry of the order on Sellers books. All shipping dates are further subject to Sellers prompt receipt from Buyer of a written purchase order or acceptance, letter of credit, down payment, and other conditions as specified in the Agreement, and of all drawings, information and approvals necessary to provide the Goods and to grant any credit proposed in the Agreement.
Delay of Shipment or Performance Excused for Various Reasons.If shipment of any item or other performance by Seller is delayed at the request or due to the fault of the Buyer, the seller may at its option hold the item at the place of manufacture at the risk and expense of the Buyer from the time it is ready for shipment. In the event of any such delay in shipment, full and final payment for an item shall be due and payable thirty (30) days after the Buyer is notified that the item is ready for shipment. If the Seller is unwilling to accommodate the Buyer by holding such item, the Buyer shall accept shipment immediately.
Dates for Sellers performance are estimates only. In addition, the Seller shall not be in default because of its delay or failure to deliver or perform resulting, in whole or in part, from: (i) any foreign or domestic embargoes, seizures, acts of God, insurrections, war, or the adoption or enactment of any law, ordinance, regulation, ruling or order, or, (ii) the lack of usual means of transportation, fires, floods, explosions, strikes or any other accidents, contingencies, or events, at the Sellers or its suppliers plant or elsewhere (whether or not beyond the Sellers control) which directly or indirectly interfere with, or render substantially more burdensome, Sellers production, deliver, or performance.
Inspection, Testing and Rejection.If the Agreement expressly provides for Buyer’s inspection and/or acceptance of the Goods, Seller’s standard test procedures conducted by Seller’s representative shall be the criteria for inspection and/or acceptance, unless other specific procedures have been specified in the Agreement. All drawings, specifications, technical documentation, samples, prototypes and Goods shall be deemed approved and/or accepted by Buyer if Buyer does not provide a written objection and/or rejection within seven (7) days of receipt or other reasonable time established by Seller. Any objection and/or rejection by the Buyer must be in writing and state with specificity all defects and non-conformities upon which Buyer will rely to support its rejection.ALL DEFECTS AND NON-CONFORMITIES WHICH ARE NOT SO SPECIFIED ARE WAIVED.
Customer Responsible for Locating Underground Utilities.It is the sole responsibility of the customer to provide the factory approved independent contractor installers with the location of any underground cables, gas lines, or other utilities. This may include contacting the utility company to request that the locations of underground utilities be marked. American Carports, Inc. is not responsible for any damage caused to underground utilities.
LIMITED WARRANTY
1. Limited Warranty.Seller warrants, for a period of 20 years from the date of completion of installation, against rust through on the framing and the roofing material assuming normal user care and maintenance on 12 gauge material only. This warranty does NOT apply to 14 gauge materials. Seller warrants, for a period of 1 year from date of complete installation, against defects in workmanship assuming normal user care and maintenance.This warranty gives you specific legal rights. You also may have other rights, which may vary from state to state.
2. Warranty Disclaimer.There are no warranties which extend beyond the description on the face hereof.THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED.
3. Remedy.Buyer agrees that its sole and exclusive remedy against seller will be limited to the repair and replacement of nonconforming goods at the warrantor’s option, provided seller is notified in writing of any defect. However, warrantor will not elect refund unless it is unable to provide replacement, and repair is not commercially practicable and cannot be made within the time for performance. This exclusive remedy will not be deemed to have failed of its essential purpose so long as seller is willing and able to repair or replace the defective parts and, in any event, sellers liability for any damages due buyer will be limited to the purchase price of the goods.THIS PARAGRAPH STATES BUYER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY.
4. Limitation on Liability.THE MAXIMUM LIABILITY, IF ANY, OF SELLER FOR ALL DAMAGES, INCLUDING WITHOUT LMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM SELLERS BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, WITH RESPECT TO THE GOODS, OR ANY SERVICES IN CONNECTION WITH THE GOODS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE GOODS. IN NO EVENT WILL SELLER BE LIABLE TO BUYER AND/OR ANY THIRD PARTIES FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMGAES OR LABOR CHARGES, INCLUDING WITHOUT LIMITATION LOST REVENUES AND PROFITS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE:SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE TERMS MAY NOT APPLY TO YOU.
5. Warranty Limited to Original Purchaser.This warranty extends only to the original purchaser of the product warranted by this document. Said warranty does not extend to transferee owners of the product.
6. Exclusions and Limitations.American Carports does not warrant any products not installed and anchored by a factory-approved installer utilizing a factory approved anchoring system. Installation by other than a factory approved installer utilizing a factory approved anchoring system will VOID your warranty. Damages from improper anchoring, strong winds, snow or ice are not considered defects. American Carports does not warrant or guarantee any product in snow or ice under any circumstances. Buyer is responsible for removing accumulation of snow and ice to prevent collapse. American Carports does not warrant any temporary anchoring systems (e.g.. rebar) utilized by the customer, nor shall American Carports be in any way responsible for damage caused by the use of such temporary anchoring systems. Additionally, American Carports does not warrant any damages caused to products resulting from or after movement of the structure from the original installation point.
7. Ceiling Fans Void Warranty.The installation of a ceiling fan anywhere on the structure, no matter how it is installed VOIDS all warranties. The structure is not designed for them and they should not be used.
8. Modification of Structure Voids Warranty.Any modification, addition, deletion, substitution, etc. to the structure without express written design approval by American Carports, Inc. will VOID the warranty. Our products are designed to specifically engineered to provide superior performance as manufactured. Any changes to the design by the Buyer could compromise the structural integrity of the unit.
9. Claims Procedure.Any claim under this warranty must be in writing and sent to American Carports, Inc., 200 Industrial Avenue, Box 910, Pioneer, OH 43554 and be received within 30 days of discovering claimed defect. This written notification must include a description of the defect, proof of purchase, and the address of the installed product. As American Carports must have a reasonable opportunity to inspect the claim, do not begin any repairs prior to said inspection or the terms of the warranty could be voided.
T-N-T CARPORTS INC. TERMS AND CONDITIONS
No Agency.The Dealer named on the face of this Order is NOT an agent of Seller for any purpose except receipt of the Deposit. No representation or agreement by the Dealer is binding on Seller.
Rejection of Order and Cancellation of Contract.Seller reserves the right, at any time before installation of the Unit, to reject this Order or cancel this contract by notice in writing to Buyer. Upon giving such notice, Seller will refund any deposit received from Buyer. Buyer agrees that such refund shall be Buyer’s exclusive remedy for such cancelation.
Legal Authority for Installation. Before installation of the Unit, Buyer shall obtain every permit or other authorization required for lawful erection of the Unit on the site designated by Buyer. If Buyer fails to obtain any such required permit or authorization: (i) such failure voids any and all warranties otherwise applicable to the Unit, and (ii) Buyer shall indemnify and hold Seller harmless for all damages or costs, including attorney fees, which Seller may incur as a result thereof. Seller will install the Unit on the site designated by Buyer upon the property specified on the face hereof; BUT, if Seller delivers the unassembled Unit and installation is not completed due to Buyer’s breach by failure to obtain any required permit or by failure adequately to prepare the site, including location of underground utilities, Seller may, in its sole discretion, terminate this contract and retain Buyer’s deposit as liquidated damage for Buyers breach.
Site Preparation. Before delivery, Buyer shall designate a site on the property identified as the Location on the face hereof and prepare such site for installation of the Unit, which preparation shall include making the site level, removing all electrical wire less than 10 feet above the intended height of the Unit, removing all underground utilities below the site, and any other improvement reasonably necessary. If Seller determines that the site is not prepared or suitable for installation, Seller may, at its option, terminate this contract or make such further improvements as may be reasonably necessary. If Seller makes further improvements to the site, Buyer agrees to pay the reasonable cost thereof upon completion.
Scheduling Delivery and Installation. Seller will make a good faith effort to deliver and install the Unit within 60 days after Sellers acceptance of this Contract, and will notify Buyer at least 24 hours before delivery. Buyer may, by written notice received by Seller not more than 7 days after Seller’s acceptance hereon, delay the delivery and installation for up to 60 days. In no event will Seller be liable for any damage or consequential damages resulting from any delay in delivery or installation of the Unit.
Change Orders. No change in the Unit or its specifications is binding on Seller unless requested by Buyers written change order and approved in writing by Seller. Any change requested by Buyer constitutes the Buyers consent to resulting changes in the Price.
Limited Warranty. As to all Units, Seller warrants that its installation of the Unit will be free of defects in workmanship. As to 12-gauge Units and 12-gauge Certified Units only, Seller warrants the framing elements and roofing material only against rust-through for twenty (20) years from installation, assuming normal user care and maintenance. As to 12-gauge and/or 14-gauge Certified Units only, Seller warrants that, for twenty (20) years from installation, assuming normal user care and maintenance, the Unit will withstand the wind and snow loads specified on the engineer-certified drawing of the Unit furnished at the time of installation. Any alteration or abuse of the Unit shall void all such limited warranties. SELLER’S LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT, AT SELLER’S OPTION, OF THE UNIT. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY STATED HEREIN. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY OTHER PROPERTY.
Payment Terms. Buyer agrees to pay the Price, including any increase for any Change Order, in full at the time of installation. If any payment tendered by Buyer is dishonored for any reason, Buyer agrees that the balance due shall thereafter bear interest at one and one-half percent (1.5%) per month. If Seller refers collection hereunder to an attorney, Buyer agrees to pay Seller's reasonable attorney fees and expenses.
Check Policy. If your check is returned NSF it will be re-presented electronically and you will be assessed a processing fee as allowed by law, which is no less than $20. The check writer is also responsible for all other collection costs including attorney’s fees, court costs and taxes as well as any other amounts allowed by law.
Miscellaneous.This Agreement is governed by the laws of North Carolina. The term Buyer, as used herein, includes said persons named on the face hereof, their heirs, successors and assigns, and shall include singular, masculine, feminine or neuter as required by the context. This Agreement, including only the face and reverse hereof and an engineer-certified drawing of the Unit, if such drawing is furnished by Seller, constitutes the complete agreement of the parties, and all prior descriptions, representations, negotiations or agreements are merged herein and superseded hereby.
Buyer Cancelation. Buyer has 3 days from the day you place your order and receive a refund of your full deposit. Deposits are for the purpose processing, preparation and fabrication of your order. Deposits on orders canceled after the three day grace period will not be refunded. However your deposit may be applied towards the 10% deposit portion on any metal building purchased through Carports and More Inc. for the period of 3 years from the date of your written cancelation.ALL SPECIAL ORDERS REQUIRE A NON-REFUNDABLE 60% DOWN PAYMENT PRIOR TO THE COMMENCEMENT OF ANY WORK, DESIGN, OR FABRICATION.
COAST TO COAST CARPORTS INC. - TERMS AND CONDITIONS
No Agency: The Dealer named on the face of this Order is NOT an agent of Seller for any purpose except receipt of the Deposit. No representation or agreement by the Dealer is binding on Seller.
Rejection of Order and Cancellation of Contract:Seller reserves the right, at any time before installation of Unit, to reject this Order or cancel this contract by notice in writing to Buyer. Upon giving such notice, Seller will refund any deposit received from Buyer. Buyer agrees that such refund shall be Buyer’s exclusive remedy for such cancellation.
Legal Authority for Installation:Before installation of the unit, Buyer shall locate and mark any underground utilities and obtain every permit or other authorization required for lawful erection of the Unit on that certain site the Site designated by Buyer upon the property specified on the face hereof. If Buyer fails to obtain such required permit or authorization: (i) such failure voids any and all warranties otherwise applicable to the Unit, and (ii) Buyer shall indemnify and hold Seller harmless for all damages or costs, including attorney fees, which Seller may incur as a result thereof. Seller will install the Unit on the Site; BUT, if Seller delivers the unassembled Unit and installation is not completed due to Buyer’s breach by failure to obtain any required permit or by any other failure adequately to prepare the site, Seller may, in its sole discretion, terminate this contract and retain Buyer’s deposit as liquidated damage for Buyers breach.
Site Preparation:Before delivery, Buyer shall designate a site on the property indentified as the Location on the face hereof and prepare such site for installation of the Unit, which preparation shall include making the site level, removing all electrical wire less that 15 feet above the intended height of the Unit, removing all underground utilities below the site, and any other improvement reasonably necessary. If Seller determines that the site is not prepared or suitable for installation, Seller may, at its option, terminate this contract or make such further improvements as may be reasonably necessary. If Seller makes further improvements to the site, Buyer agrees to pay the reasonable cost thereof upon completion.
Scheduling Delivery and installation:Seller will make a good faith effort to deliver and install the unit within 60 days after Seller’s acceptance of this Contract, and will notify Buyer at least 24 hours before delivery. Buyer may, by written notice received by Seller not more than 7 days after Seller’s acceptance hereon, delay the delivery and installation for up to 60 days. In no event will Seller be liable for any damage of consequential damages resulting from any delay in delivery or installation of the Unit.
Change Orders:No change in the Unit or its specifications is binding on Seller unless requested by Buyer’s written change order and approved in writing by Seller. Any change requested by Buyer constitutes the Buyer’s consent to resulting changes in the Price.
Limited Warranty:As to all Units, Seller warrants that its installation of the Unit will be free of defects in workmanship, but Buyer must notify Seller of any such defect within thirty (30) days after installation. As to 12-gauge Units and 12-gauge Certified Units only, which may contain some 14-gauge non-load bearing elements, Seller warrants the framing elements and roofing material only against rust-through for twenty (20) years from installation, assuming normal user care and maintenance. As to 12-gauge Certified Units only, Seller warrants that, for twenty (20) years from installation, assuming normal user care and maintenance, the Unit will withstand the wind and snow loads specified on the engineer-certified drawings of the Unit furnished at the time of installation. Any alteration or abuse of the Unit shall void all such limited warranties. SELLERS’S LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT, AT SELLER’S OPTION, OF THE UNIT. SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY STATED HEREIN. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY OTHER PROPERTY.
Payment Terms & Miscellaneous:Buyer agrees to pay the Price, including any increase for any Change Order, in full at the time of installation. If any payment tendered by Buyer is dishonored for any reason, Buyer agrees that the balance due shall thereafter bear interest at one and one-half percent (1.5%) per month. If Seller refers collection hereunder to an attorney, Buyer agrees to pay Seller’s reasonable attorney fees and expenses. This agreement is governed by the laws of Arkansas. No civil action or other legal proceeding arising under this Agreement or related the Unit shall be brought against Seller other than in a court of general jurisdiction in the State of Arkansas or more that one (1) year after Buyer knew or should have know of the basis of the claim. The term Buyer includes persons named as such on the face hereof, their heirs, successors and assigns, and shall include singular, masculine, feminine or neuter as required by the context. This Agreement, including only the face and reverse hereof and an engineer-certified drawing of the Unit, if such drawing is furnished by Seller, constitutes the compete agreement of the parties, and all prior descriptions, representations, negotiations or agreements are merged herein and superseded herby.
Buyer Cancelation. Buyer has 3 days from the day you place your order and receive a refund of your full deposit. Deposits are for the purpose processing, preparation and fabrication of your order. Deposits on orders canceled after the three day grace period will not be refunded. However your deposit may be applied towards the 10% deposit portion on any metal building purchased through Carports and More Inc. for the period of 3 years from the date of your written cancelation.
This Website is Operated By:
Carports and More Inc.
2347 Gold River Rd., Unit E
Gold River, CA 95670
Effective March 11, 2006
Last Modified July 18, 2013