E-SIGN Consent Agreement for Online Transactions, Communications,
Agreements and Services
Introduction: Steel Building Stores, LLC or its DBA’s (Doing Business As), the “Seller”,
affiliates and third-party service providers “Manufacturer’s” conducts
its all transactions, notices, “Agreements”, Contracts, billing, Change
Orders and disclosures (“Communications”) electronically. Your “Consent”
to this E-sign Consent Agreement confirms your ability and Consent to
receive Communications electronically from the Seller or Manufacturer’s,
its affiliates, and its third-party service providers, rather than in
paper form, and to the use of electronic signatures in our relationship
with you. You can choose not to or you withdraw your Consent at any
time.
This Agreement is revised periodically and it may include changes from
earlier versions. You agree to the most recent version of this
Agreement, which is always available to you online at https://steelbuildingstores.com/privacy-policy.
Definitions of terms used in this document
“we,” “our,” and “us” mean Seller or its DBA’s
“Buyer”, “you” and “your” mean each you, your spouse
and anyone you have granted authorization. If you represent a company, government
agency or are transacting on the behalf of any person or entity, means them
and you.
“DBA” (Doing Business As) means doing business as, it the operating
name of a company, as opposed to the legal name of the company.
“Seller” means Steel Building Stores, LLC, or its DBA’s.
“Seller” means the entity who the Seller assigns your Structure
to for manufacture and installation.
“Dealer” means we are an affiliate helps the Manufacturer sell
products and services in exchange for payment.
“Buyer” mean each you, your spouse and anyone you have granted
authorization. If you represent a company, government agency or are transacting
on the behalf of any person or entity, means them and you.
“Consent” your willingness and ability to receive Communications
electronically.
“Communications” means the information given; the sharing of
knowledge by one with another; conference; consultation or bargaining preparatory
to making an Agreement, this includes, but is not limited to: notices, Contracts,
Agreements, billing, Change Orders and disclosures.
Scope of this Agreement: This Agreement applies to Communications,
Contracts, Agreements, online services, transactions, disclosures, notices,
receipts, statements and terms and conditions related to our services.
Electronic Delivery of Documents: Electronic documents are typically
delivered to your email in a format that you can view online, save to your
computer, or print at your convenience. In the event you request a mailed
copy, one we be sent via the United States Postal Service, unless otherwise
specified. As described in more detail below, all Communications and documents
will be delivered to you electronically without any additional action on
your part.
Enrollment: You will automatically be enrolled to receive documents
electronically. In most cases, these documents will be presented to you electronically
in a .pdf format.
Terms and Agreements
Introduction/No Agency: Catapult Steel Buildings, LLC. or its “DBA”’s
the “Seller” named on the face of this “Special-Order” tubular steel
“Structure” “Contract” is not an agent of any “Manufacturer”. The Seller
is solely granted the express and limited authority to make
recommendations and collect the “Deposit” on any purchased Structure.
The Seller is an entity who is a “Dealer” for many Manufacturer’s and
matches the “Buyer” to whom it feels is the best Manufacturer for the
Buyer at time of order and reserves the right to change at any time. No
agreements, Contracts, representations, warranties, or “Communications”,
whether oral or written, made by the Dealer shall be binding upon the
Manufacturer unless said Contract, representation or warranty is in
writing and signed by Manufacturer but, remains binding on the Buyer.
This Contract embodies the entire Contract and understanding between the
parties hereto with respect to the matters contemplated by this
Contract. No warranties, representations or other statements made
outside this Contract, either before, simultaneous with, or subsequent
to this Contract, have been relied upon by either party, nor are any
such warranties, representations or other statements binding upon either
party.
Definitions of terms used in this document.
“we”, “our,” and “us” mean Seller or its DBA’s
“Buyer”, “you” and “your” mean each you, your spouse
and anyone you have granted authorization. If you represent a company, government
agency or are transacting on the behalf of any person or entity, means them
and you.
“DBA” (Doing Business As) means doing business as, it the operating
name of a company, as opposed to the legal name of the company.
“Seller” means Steel Building Stores, LLC, or its DBA’s.
“Special-Order” means this structure is ordered and made directly
from the manufacturer on an order-to-order basis.
“Structure” means anything constructed or erected with a fixed
location on the ground. Among other things, structures include buildings,
carport, garages, repairs, parts or replacements.
“Contract” is a legally enforceable agreement between two or
more parties.
"Agreement" means the bargain of the parties in fact
as found in their language or by implication from other circumstances, including
course of performance, course of dealing, and usage of trade.
“Manufacturer” means the entity who the Seller assigns your
Structure to for manufacture and installation and its sub-contractors, affiliates
and third-party entities.
“Deposit” is the portion of the structure price retained for
initiating the special-order Contract.
“Dealer” means we are an affiliate helps the Manufacturer sell
products and services in exchange for payment.
“Buyer” mean each you, your spouse and anyone you have granted
authorization. If you represent a company, government agency or are transacting
on the behalf of any person or entity, means them and you.
“Communications” means the information given; the sharing of
knowledge by one with another; conference; consultation or bargaining preparatory
to making an Agreement, this includes, but is not limited to: notices, Contracts,
Agreements, billing, Change Orders and disclosures.
“Consent” your willingness and ability to receive Communications
electronically.
“Change Order” is a written order directing the Seller or Manufacturer
to make changes in the Contract for work not included in the original Contract‘s
scope of work.
Authority: Each person executing or attesting this Contract
warrants and represents that they are fully authorized to do so. Each person
also stipulates that they have been afforded an adequate opportunity to review
this Contract and that all signatures are given knowingly, voluntarily, and
with full awareness of the terms contained herein.
Manufacturer Terms & Agreements: The Buyer agrees to the Manufacturer‘s
Terms and Agreements, which can differ from these, and understands that any
civil action may before taken by the Seller or Manufacturer jointly or indiv
idually.
Waivers: No waiver or modification of this Contract or of any
covenant, condition or limitation contained herein shall be valid unless
in writing and duly executed by the party to be charged therewith, and no
evidence of any waiver or modification shall be offered or received in evidence
in any proceeding, arbitration or litigation between the parties hereto arising
out of or affecting this Contract, or the rights or obligations of the parties
hereunder, unless such waiver or modification is in writing, duly executed
as provided herein. The parties hereto further agree that the provisions
of this paragraph may not be waived except in accordance herewith. The failure
of any party hereto to exercise or otherwise act with respect to any of such
party‘s rights hereunder in the event of a breach of any of the terms
or conditions of this Contract by any other party shall not be construed
as a waiver of such breach, nor thereafter prevent such party from enforcing
strict compliance with any and all of the terms and conditions of this Contract.
Consent and Governing Rules and Laws: It is the intention of
the parties hereto that this Contract and the performance hereunder be construed
in accordance with and under and pursuant to the laws of the State of Virginia,
the State of the Manufacturer‘s address of record or the State the
Seller or Manufacturer choose and that in any action, special proceedings
or other proceedings that may be brought arising out of, in connection with,
or by reason of this Contract, the laws of said state shall be applicable
and shall govern to the exclusion of any other forum, without regard to the
jurisdiction in which any action or special proceeding may be instituted.
The Seller and Manufacturer reserve the right to choose the which state has
jurisdiction. You “Consent” to execute the Contract offered through this
online Special-Order purchase by electronic means and acknowledge that all
Agreements, Contracts, documents, disclosures, forms and other information
related to such will be provided to you through an electronic transmission
or email. You further Consent that all transactions completed through this
electronic process will result in valid and legally binding Contracts applicable
federal or state laws and regulations.
Attorney‘s Fees: In the event Seller or Manufacturer must
retain an attorney at law to enforce any of the terms and conditions of this
Contract, Seller or Manufacturer shall be entitled to recover costs and expenses
actually incurred, including reasonable attorney‘s fees.
Prices, Payment and Risk of Loss: Prices published on the Seller‘s
or Manufacturer‘s price lists, websites, advertising or any media,
if any, are subject to change without notice. The Buyer agrees to pay the
price, including any increase for any “Change Orders”, in FULL at time of
completion of building, to the Manufacturer by Cashiers-check, Money Order,
approved Credit Card. NO PERSONAL CHECKS OR COMPANY CHECKS are accepted.
All payments, less and except the Deposit, are to be made directly to Manufacturer
and not to the Seller. The Manufacturer will not be responsible for the refunds
made to the Seller. In the event the Buyer pays the Seller an amount above
the required Deposit, the Buyer does so at their own risk and agrees to forever
release and relinquish any claims against Manufacturer resulting from. Buyer
agrees to pay all applicable sales or other taxes levied with respect to
the Structure in the Contract, unless exempt therefrom. Buyer shall pay all
government fees levied on the installation and inspection of the Structure.
Buyer shall pay upon receipt of all invoices rendered by Seller or Manufacturer
for any such items Seller or Manufacturer may pay and for the Structure.
Buyer expressly agrees that the Structure shall remain property of the Manufacturer
until payment is made in full. The Seller and Manufacturer hereby retains
a purchase money security interest in said building as set forth in Section
9 of the Uniform Commercial Code as enacted in the state where building is
being installed. At the Manufacturer‘s sole discretion, failure to
pay in full for any reason may result in the removal of the Structure from
the Buyer‘s possession and forfeiture of the Buyer‘s Deposit
as liquidated damages. Upon a failure of the Buyer to pay for the Structure
in full, Buyer gives their express permission for Manufacturer to enter onto
the Buyer‘s premises for the sole purpose of removing the Structure
(Rent to own, if Buyer breaches RTO Contract, resulting in repossession,
Buyer gives Manufacturer express permission to enter property to remove the
Structure at Manufacturer‘s convenience with employee‘s, contractors,
or customers at Manufacturer‘s leisure). This does not relieve the
Buyer from liability for specific performance of the Contract including legal
fees and court costs, at the Manufacturer‘s or Seller‘s expense.
The and Seller and Manufacturer holds the right to make any exceptions to
the above clause. If any payment tendered by the Buyer is dishonored or disputed
for any reason, Buyer will be responsible for additional expenses incurred.
Seller‘s and/or Manufacturer‘s reserves the right to change additional
fees as allowed by law. These fees include a $35 service charge. The Buyer
agrees that the balance due shall thereafter bear interest at one and one-half
percent (2.5%) per month. If the Seller and/or Manufacturer refers collection
hereunder to an attorney, the Buyer agrees to pay the Seller‘s and/or
Manufacturer‘s reasonable attorney fees and expenses.
Change Orders: No changes of the Structure or its specifications
is binding on the Seller or Manufacturer unless requested by Buyer‘s
written Change Order and approved in writing by Seller or Manufacturer. Any
change requested by Buyer constitutes the Buyer‘s Consent to resulting
changes in the price. The Manufacturer‘s may unilaterally increase
prices to cover increased costs (plus reasonable overhead and profit) of
design, materials, and manufacturing required by changes. An additional labor
charge will be added to orders for Structures being installed over RVs, Campers,
Large Obstacles, Retaining Walls, Docks, Decks, Over Fences, etc.
Rejection of Order and Cancellation of Contract: The Manufacturer‘s
reserve the right to update or change any pricing discrepancies made by Seller.
The Seller and Manufacturer reserves the right, at any time before installation
of the Structure, to reject this order or cancel this Contract. The Seller
reserves the right to find another Manufacturer who can fulfill the order,
if the Seller or no Manufacturer can fulfill the order, A FULL REFUND any
Deposit received from Buyer will be issued in a reasonable time. The Buyer
“Consent”s that such refund shall be Buyer‘s exclusive remedy for such
cancellation. In the event Buyer breaches this Contract prior to installation,
Buyer expressly Consents to the forfeiture of their Deposit and/ or additional
payments to be retained by Seller or Manufacturer as liquidated damages for
Buyer‘s termination of this Contract. This provision shall be in addition
to any legal or equitable right the Seller and or Manufacturer may have for
a breach of this Contract by Buyer and shall not serve as a waiver or be
the exclusive remedy of Seller or Manufacturer upon a breach by Buyer. The
Buyer hereby expressly waives, surrenders, and relinquishes any and all claims,
affirmative defenses and equitable defenses resulting from the cancellation
of this Contract prior to installation of the Structure. The Seller begins
working for the Buyer at first Communication. The Seller charges a processing
fee, also known as the Deposit, this fee is deducted from the price of the
building and is the incitation of this SPECIAL-ORDER Structure. The Buyer
understands, even though it is reflected in the price of the Structure, this
fee is not for the Structure but, for the services it has provided. Exceptions:
None
Scheduling Delivery and Installation: The Manufacturer will
make a good faith effort to deliver and install the Structure with the Manufacturer‘s
acceptance of this Contract and will notify the Buyer at least 24 hours before
delivery. Time estimates given by the Seller are based on information given
to them by the Manufacturer the Seller has no control over the scheduling
and will not be liable for the accuracy. Delivery, Shipping and installation
dates are estimated based on Manufacturer present engineering and manufacturing
capacity and scheduling and may be revised by Manufacturer upon receipt or
scheduling of Buyer‘s order. All shipping dates are approximate and
shall be computed from the date of approval and entry into the Manufacturer‘s
books. This occurs after order approval, all shipping order or acceptance,
letter of credit, down payment, and other conditions as specified in the
Contract, and of all drawings, information and approvals necessary to provide
the Structure and to grant any credit proposed in the Contract. Delivery
dates may be rescheduled due to bad weather conditions, installer running
behind, accidents, etc. To maintain the low cost of these Structures the
Manufacturer uses a freight share method. The Structure probably will not
be delivered on a dedicated truck. The Manufacturer combines Structures being
installed in similar regions together on one truck and trailer meaning, delivery
estimates are given based off of current trends and statistical probability
of other Structures being sold. In some states there is a limited installation
season. In the event of inclement weather, the Manufacturer at its discretion,
may delayed or terminate installations for the season. If an installation
needs be terminated due to weather or any other reason and this forces the
delivery into the closed building season, the installation will be postponed
until the building season reopens. In no event will the Seller or the Manufacturer
be liable for delivery time estimates, refunds or consequential damages resulting
from any delay in delivery or installation of the Structure. Buyer agrees
to give Seller up to 3 installation attempts to deliver said product.
Customer Responsible for Locating Underground Utilities:
It is the responsibility of the customer to provide the Manufacturer approved
independent contractor installers with the location of any underground cables,
gas lines, or other utilities. This may include contacting the utility company
or Miss Utility to request that the locations of the underground utilities
be marked. The Manufacturer is not responsible for any damage caused to underground
utilities. The Buyer agrees to indemnify and hold harmless the Seller and
Manufacturer from any liability and costs, including attorney fees, for such
damages.
Permits and Legal Authority for Installation: We are entering
your property at your request; therefore, the Manufacturer‘s, subcontractors,
affiliates or third-party entities cannot be held responsible for any damages.
Prior to installation of the Structure, Buyer shall obtain all relevant,
necessary and required permits or other authorization required by local,
state or federal agencies and the approval of any homeowner‘s association
for the lawful erection of the Structure on the site designated by the Buyer.
The Seller or the Manufacturer does not provide or assist in this process.
If the Buyer fails to obtain any necessary or required permit/authorization,
said failure voids any and all warranties otherwise applicable to the Structure.
The Manufacturer shall install the Structure on the site designated by the
Buyer upon the property specified on the face of this Contract, assuming
that the Buyer has confirmed that all requirements are fulfilled. However,
should the Manufacturer deliver the unassembled Structure and installation
is not completed due to the Buyer‘s failure to comply with this Contract
or by failure to prepare the site, the Manufacturer may, in its sole discretion,
terminate this Contract and retain the Buyer‘s Deposit as liquidated
damages for the Buyer‘s breach. The Buyer shall fully defend, indemnify
and hold the Manufacturer and Seller harmless from and against, any and all
liquidated or actual damages, including but not limited to the Manufacturer
and Seller‘s reasonable and necessary attorneys‘ fees, resulting
from a failure to obtain all relevant, necessary and required permits or
other authorization required by local, state or federal agencies and the
approval of any homeowner‘s association for the lawful erection of
the Structure on the site designated by the Buyer.
Site Preparation and Indemnification: The Buyer expressly acknowledges
and agrees to comply with the Manufacturer‘s site preparation requirements.
The Manufacturer‘s requirements are as follows: a) the site for the
Structure must be level; b) the Buyer must remove all electrical wires located
less than ten (10) feet above the intended height of the Structure; c) the
Buyer must remove all underground utility lines within the Structure site;
d) the Buyer must mark all underground utility lines within twenty (20) feet
of the Structure‘s intended footprint. In addition to the site preparation
requirements, Buyer agrees to provide a clear right of way and an unimpeded
work space for the erection of the Structure. The Manufacturer may, in its
sole discretion, determine that the site is not properly prepared or is unsafe
for erection of the Structure. Upon a determination that the site is not
suitable to begin erection of the Structure, the Manufacturer reserves the
right to terminate this Contract. If it necessary to terminate the Contract
the Buyer‘s Deposit will be retained as liquidated damages for the
Buyer‘s breach of Contract. In the alternative, if the Manufacturer
determines that the site is unsuitable for erection the Buyer has, but is
not limited to, 4 options. 1) The Buyer may give the Manufacturer the authority
to make improvements reasonably necessary for the erection of the Structure.
Any work done by the Manufacturer to finish site preparation shall be completed
at a pre-negotiated rate, determined by an authorized representative of the
Manufacturer. 2) At the insistence of the Buyer, the Structure can be installed,
on unlevel, temporary, makeshift foundations or anything the manufacture
deems is unsuitable for proper installation. This shall void any and all
warranties and be accepted AS IS by Buyer. 3) The Buyer can choose to have
the Structure remain uninstalled. There will be no compensation for the lack
of installation as the Structure is sold with free installation. This shall
void any and all warranties and be accepted AS IS by Buyer. 4) The Buyer
can choose to reschedule installation for a later date once the site is properly
prepared. The Manufacturer may, if necessary, at its sole discretion, charge
a reasonable redelivery fee and/or restocking fee.
Miscellaneous: While the Seller encourages indiv iduals to assert
their right to express an honest opinion through online reviews. The Seller
reserves its right for civil action if the review is false and the Seller
could be subject to action under defamation and liable laws if what is written
is false. Unless the Seller breaches this Contract, the Buyer agrees not
to no file a dispute against the Seller with PayPal, their bank, credit card
or any financial institution. The exercising its right to dispute illegitimate
chargebacks, takes significant amounts of time and resources. In the event
the Buyer decides to file a dispute and the institution eventually determines
the claim is not legitimate, the Buyer forfeits its Deposit and/ or additional
payments to be retained by Seller or Manufacturer as liquidated damages for
Buyer‘s termination of this Contract. The Seller retains the right
to collect damages incurred including but not limited to, the maximum interest
allowed by law for the time the funds were removed from the Seller‘s
account, reasonable fees for the time required to defend itself to the Seller‘s
institution for the lost claim, any fees charged by the bank as a direct
result of the removal of funds, any attorney or consultation fees required
to dispute the claim and damages from the changes in merchant services fees.
The Buyer also agrees to pay the collections fees, if required, to collect
the debt.
