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 (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. Buyer agrees to 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 of all invoices rendered by Seller for any such items Seller may pay and for the Goods.
- Wholesale Metal Carports reserves the right to update or change any pric-ing discrepancies made by dealer.
- 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 quo-tation. An additional labor charge will be added to orders for buildings being installed over RVs, Campers, Large Obstacles, Retaining Walls, Docks, Decks, Over Fences, etc.
- Customer expressly agrees that the carport/garage/barn/etc.. shall remain property of Wholesale Metal Carports until payment is made in full.
- Wholesale Metal Carports hereby retains a purchase money security inter-est in said building as set forth in Section 9 of the Uniform Commercial Code as enacted in the state where building is being installed. Failure to pay will result in repossession of unit. This does not relieve the customer from liability for specific performance of the contract including legal fees and court costs, at the sellers expense.
- Balance due to be paid in FULL at time of completion of building, to Wholesale Metal Carports by Cashiers-check. Money Order, Visa, Master Card, American Express, or Discover Card. NO PERSONAL CHECKS OR COMPANY CHECKS are accepted.
- Wholesale Metal Carports holds the right to make any exceptions to the above clause (e.). If payment is made in 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 it change additional fees as allowed by law for checks returned NSF. These fees include a $35 service charge.
- Wholesale Metal Carports will not be responsible for down payment refunds. The independent dealer will have this responsibility if a refund is legally due.
- Wholesale Metal Carports reserves the right to cancel any order at any time.
- Customer is responsible for obtaining local permits, covenant searches, & right of way or setback restrictions. Customer will inform the installation crew of any underground cables, gas lines, or any other utility lines. Therefore, Wholesale Metal Carports nor its subcontracted installation crew will be held liable for any damages incurred to the before mentioned utilities during installation.
Shipping and installation dated are estimated based on Seller’s present engineering and manufacturing capacity and scheduling, and may be revised by Seller upon receipt or scheduling of Buyer’s order. All shipping dates are approximate and shall be computed from the date of entry of the order on Seller’s books. All shipping 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 pro-posed in the Agreement. Delivery dates may be rescheduled due to bad weather conditions, installer running behind, accidents, etc. Buyer agrees to give Seller up to 3 installation attempts to deliver said product.
All buildings have a 30 day workmanship warranty effective upon day of installation (manufactured panels are warranted for 20 years assuming regular care and maintenance, – installation workmanship is warranted for 30 days – vertical roofs are warranted for 20 years). Any installation concern must be reported within 30 days beginning the date of installation. Wholesale Metal Carports is not liable or any damages as a result of any inclement weather. Un-level lots, and customer modifications will void said warranty.
- Wholesale Metal Carports strongly recommends buildings longer than 31 foot to be vertical roofs to avoid possible leaks and or rust in between seams. Buildings purchased 32 foot or longer that do not have vertical roofs will forfeit the 20 year limited warranty on paneling.
- Base Price reflects only roof & framing; sides, ends, etc.… are optional features. Frames on all buildings are 1 foot shorter than roof length. Roofs have 6” overhang on front and back. Frame lengths are as follows: 21’=20’ Frame, 26’=25’ Frame, and so on. Cement pad to match frame length.
Customer Responsible for Locating Underground Utilities
- It is the 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 the underground utilities be marked. Wholesale Metal Carports is not responsible for any damage caused to underground utilities. Customer agrees to indemnify and hold harmless Wholesale Metal Carports from any liability and costs, including attorney fees, for such damages.
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. Buyer must have original copy of this document at time of claim.
Limitation on Liability
In no event will seller be liable to buyer and/or any third parties for any incidental damages. Consequential damages, special damages, exemplary damages or labor charges, including with-out limitation lost revenues and profits, even if it has been advised of the possibility of such damages. Buyer must have original copy of this document at time of claim.
Warranty Limited to Original Purchaser
This warranty extends only to the original purchaser of the product warranted by this document. Buyer must have original copy of this document at time of claim. Said warranty does not extend to transferee owners of the product.
Exclusions and Limitations. Wholesale Metal Carports does not warrant any products not installed and anchored by a factory-approved installer utilizing a factory approved anchoring system. Installation by anyone other than a factory approved installer utilizing a factory approved system will VOID your warranty. Damages from improper anchoring, strong winds, snow or ice are not considered defects. Wholesale Metal Carports does not warrant or guarantee any product in snow or ice to pre-vent collapse. Wholesale Metal Carports does not warrant any temporary anchoring systems (e.g. rebar) utilized by the customer, nor shall Wholesale Metal Carports be in any way responsible for damage caused by the use of such temporary anchoring systems. Additionally, Wholesale Metal Carports does not warrant any damages caused to product resulting from or after movement of the structure from the original installation point.
Modification of Structure Voids Warranty. Any modification, addition, deletion, substitution, etc. to the structure without express written design approval by Wholesale Metal Carports will VOID all warranties. Our products are designed and specifically engineered to provide superior performance as manufactured. Any changes to the design by the Buyer could compromise the structural integrity of the unit.
- Wholesale Metal Carports must have a reasonable opportunity to inspect the claim and not begin any repairs prior to said inspection or the terms of the warranty could be voided. Wholesale Metal Carports holds the right to require proof (e.g. photos), if needed, via e-mail or mail before writing up any repairs and/or claim.
- Any claims beyond this document involving litigation or arbitration will be disputed in the Surry County District Court.