1. PAYMENT, CANCELLATIONS, SHIPPING AND DELIVERY, FORMS OF PAYMENT
(A) Payment. You the customer (Customer) agree to pay AMISH SHEDS AND CARPORTS LLC in accordance with the following (Payment Terms):
(i) 15% deposit due at time of Order, this 15% is to assure you accept delivery for a building we are building for you, if you cancel after 24 hours you wave your deposit,
Failure to comply with the Payment Terms will result in the loss or exclusion of any promotional discounts extended by AMISH SHEDS AND CARPORTS LLC as part of the Price (see below), including but not limited to free shipping, product discount or any other promotional offers.
Interest shall accrue on any past due sums at the greater of 18% A.P.R. or the highest interest rate allowed by law.
(B) Cancellations. Cancellations may be made same day an Order is received. Any cancellation made after same calendar day the Order is received will be subject to a minimum 15% cancellation fee plus any costs incurred by AMISH SHEDS AND CARPORTS LLC related to the Order. Refunds will be processed within thirty (30) days from the date the Order is cancelled.
(C) Shipping & Delivery. Shipping and delivery are handled through our certified drivers with trailers and yard mule.
(D) Forms of Payment. AMISH SHEDS AND CARPORTS accepts all major forms of payment including: wire transfers, cash, debit cards and credit cards.
(E) CUSTOMER ALSO AGREES THAT IF THEY CANCEL THERE ORDER AFTER SAME CALENDAR DAY OF ORDERING THAT THEY UNDERSTAND ALL CANCEL AND REFUND POLICIES AND 15% FEE, FURTHERMORE IF CUSTOMER CHARGES BACK THERE CREDIT CARD FOR MORE THAN THE REFUND THAT IS DUE MINUS 15 % CANCEL FEE, AND DOES NOT MAKE RIGHT ON THE MONIES OWED TO AMISH SHEDS AND CARPORTS LLC, THEN SMALL CLAIMS COURT WILL BE NEXT STEP FOR US TO GET MONIES OWED TO AMISH SHEDS AND CARPORTS LLC
It is the Customer’s responsibility to make sure the product ordered meets local codes or rules that may apply.by signing Customer’s acceptance of the terms and conditions herein. Any modification to the terms and conditions must be accepted by AMISH SHEDS AND CARPORTS LLC in writing.
3. PRICES AND QUOTATIONS
Unless specifically agreed to in advance by AMISH SHEDS AND CARPORTS LLC, all Product prices shall be AMISH SHEDS AND CARPORTS LLC list prices in effect at the time Customer’s Order is received (the “Price”). The Price does not include sales or other taxes, if applicable. In addition to the Price, Customer agrees to pay (either directly to the appropriate governmental entity or to AMISH SHEDS AND CARPORTS) any sales or other tax due under any applicable law. Changes to Customer’s Order may result in Price changes, including but not limited to, changes as a result of permitting and engineering specifications necessitated by local building or other codes. Shipping and installation rates are subject to change if Product is not installed within six (6) months of Order date. Changes within four (4) weeks of the ship date will be subject to a minimum $150 change fee. To the extent changes within four (4) weeks of the ship date require a change to the Ship Date, Customer may incur the loss or exclusion of any promotional discounts extended by AMISH SHEDS AND CARPORTS LLC as part of the Price, including but not limited to free shipping, product discount or any other promotional offers. Orders changed after Order is confirmed could be subject to product price differences and a processing fee of $125.00 per change. Changes to shipping schedule may result in weekly storage fees of $500.00 per week.
4. DIY AND INSTALLATION SERVICES
There are two ways to order Product, either BUILT IN OUR SHOP or built on your site Service.
(A) Do-It-Yourself. As the name implies, DIY requires Customer to install the Product yourself. If Customer order a DIY kit, Customer are solely responsible for all necessary permits and any applicable architectural or engineering work (unless Customer have purchased AMISH SHEDS AND CARPORTS LLC Full Permit Plan Set and Engineer Stamped Drawings), foundation work (including site preparation), as well as the installation and assembly of the Product. AMISH SHEDS AND CARPORTS LLC accepts no responsibility or liability related to a DIY installation. Customer is solely responsible for complying with all applicable building and safety codes in the installation of the Product.
(B) Installation Service. If Customer chooses AMISH SHEDS AND CARPORTS Installation Services (the “Installation Services”):
(i) Certified Installer. Customer authorizes AMISH SHEDS AND CARPORTS LLC to do the following on Customer’s behalf to:
(a) Arrange for the Installation Services to be performed by an independent contractor (licensed when legally required) (“Certified Installer”).
(b) Issue a work order to the Certified Installer to perform the Installation Services.
(c) Have the Certified Installer’s work inspected, should AMISH SHEDS AND CARPORTS LLC in its discretion choose to do so but Customer agrees that AMISH SHEDS AND CARPORTS LLC has no obligation to do so.
(d) Pay the Certified Installer after the completion of the work and after receipt of a certificate, signed by Customer or on Customer’s behalf, stating that the work has been satisfactorily completed (the “Certificate of Completion”).
(ii) At the time of completion of the Installation Services, Customer and the Certified Installer will perform a final walk-through inspection and execute a Certificate of Completion. If Customer is not available at the time of completion of the Installation Services, the Certified Installer will perform a final walk-through inspection without Customer and execute a Certificate of Completion on Customer’s behalf. AMISH SHEDS AND CARPORTS will rely upon the Certificate of Completion (whether signed by Customer or the Certified Installer on Customer’s behalf) in paying the Certified Installer for the Installation Services. Final payment to AMISH SHEDS AND CARPORTS LLC is due upon the final walk-through inspection.
(iii) The Certified Installer is an Independent Contractor. CUSTOMER AGREES THAT THE CERTIFIED INSTALLER WILL PERFORM THE INSTALLATION SERVICES ACTING AS AN INDEPENDENT CONTRACTOR AND THAT AMISH SHEDS AND CARPORTS LLC SHALL HAVE NO LIABILITY FOR ANY ACT OF THE CERTIFIED INSTALLER. CUSTOMER FURTHER UNDERSTANDS AND AGREES AMISH SHEDS AND CARPORTS LLC DOES NOT GUARANTEE ANY TIME FRAMES ASSOCIATED WITH INSTALLED PRODUCT.
(iv) Services Not Included. Unless otherwise agreed to by AMISH SHEDS AND CARPORTS LLC in writing,?Customer agrees that the Price for Installation Services does not include architectural/engineering services, the permit fee, foundation work including site preparation or structural changes to the land upon which the Product is to be installed (the “Premises”) or any other services beyond the ordinary and routine installation of the Product. Installers may bill Customer directly for installation sites that are more than 100 feet from the site at which the Product is offloaded (carry distance).
(C) Customer’s Responsibilities. Unless otherwise agreed by AMISH SHEDS AND CARPORTS LLC in writing:
(i) Customer represents and warrants that Customer’s site is free and clear of debris, the work area is free of vermin, and pre-existing physical or environmental hazards, and building/zoning code violations.
(ii) Customer represents and warrants that, if the Product will be installed on a concrete slab, that the concrete slab is both square and level within 1/4? of an inch. If the slab is not square and/ or out of level by more than 1/4?, Customer will be billed by the Certified Installer for any added labor time resulting from the said slab being out of level, or, AMISH SHEDS AND CARPORTS LLC may, at its option, elect to delay installation of the Product until the concrete foundation is square and level.
(iii) If installation will be on a wood-framed floor system or foundation, Customer represents and warrants that the area the floor will be constructed on is level within 4?. If the area where the Product is to be installed is out of level more than 4?, Customer will be billed by the Certified Installer to level said area, or AMISH SHEDS AND CARPORTS LLC may, at its option, elect not to install the Product until the floating floor area is level.
(iv) Customer represents and warrants that any security system at the installation site will not interfere with performance of the Installation Services.
(v) Customer agrees to facilitate the location of utility lines and identifying property lines.
(vi) Customer agrees not to impede the delivery of the Product including, but not limited to, moving cars, objects or any other personal property that may be in the way.?Customer agrees to provide the Certified Installer with access to work areas during working hours and to provide access to sanitary facilities or to pay the rental costs for such facilities.
(vii) Customer agrees to provide power to the work areas. If power is not available within 150 feet of the installation site, Customer may be billed by the Certified Installer for the use of a generator to supply power.
(viii) Customer agrees not to allow unattended minors at the work area while the Certified Installer is present.
(ix) Customer agrees to control and keep pets away from work areas.
(x) Customer agrees that the site has clearance of at least 2' (2 feet) around installation site. Additional costs may incur and will be billed to Customer by Installer.
(xi) Customer promises to acquire at Customer’s own cost and expense, all required permits and to keep such permits on display at all times. In the event that the Certified Installer determines that a building permit is necessary and Customer has not obtained a building permit or Customer has obtained a building permit but the building permit is deficient, then the Certified Installer and AMISH SHEDS AND CARPORTS LLC may suspend all installation responsibilities of either or both of them until such time as the appropriate building permit is issued. Neither AMISH SHEDS AND CARPORTS LLC nor the Certified Installer shall have any obligation to make sure that Customer has an appropriate building permit.
(xii) Customer agrees that if Customer or anyone Customer controls interferes with or delays performance of the Installation Services, Customer may be subject to transportation/storage charges or other resulting charges.
(xiii) Any condition of the site or work area that is not in the condition represented or promised by Customer or any other condition that is not as represented, agreed to or promised by Customer above is an “Unfit Condition” (as further defined in Section 4(a) below).
(a) Unfit Conditions. The Price for Installation Service assumes sound existing substructures, superstructure and points of attachments. If any condition is not as represented or promised by Customer as set forth in Section 4(b)(v) above or if there are any defective substructures, superstructures, points of attachments or the existence of any other defect, weakness, or dangerous condition including, but not limited to, un-level, not square, mold, mildew, rot, asbestos or infestation (collectively, “Unfit Conditions”), then AMISH SHEDS AND CARPORTS LLC may, at its election, suspend Installation Services until such Unfit Conditions are remedied by Customer to AMISH SHEDS AND CARPORTS LLC satisfaction at Customer’s sole cost and expense or it may increase the Price by the cost and reasonable profit to AMISH SHEDS AND CARPORTS LLC of having to provide additional products, services, and/or Installation Services as a result of the Unfit Conditions. If AMISH SHEDS AND CARPORTS LLC elects to increase its Price Customer will be required to execute a change order reflecting the Price change and to pay the additional Price at the time of the execution of the change order. In the event that Customer does not execute a change order and pay the additional price at the time of execution of the change order or eliminate all Unfit Conditions yourself, then AMISH SHEDS AND CARPORTS LLC is excused from any further performance of Installation Services and shall be entitled to retain all monies previously paid by Customer and shall have no obligation to restore the Premises to their original condition.
(xiii) Claims. Customer agrees that any claim against AMISH SHEDS AND CARPORTS LLC or the Certified Installer relating to Customer’s purchase or the Installation Services must be made to AMISH SHEDS AND CARPORTS LLC within thirty (30) calendar days of the date Customer first becomes aware of the problem or such claim will be deemed waived. AMISH SHEDS AND CARPORTS LLC will attempt resolution of any claim(s) within sixty (60) calendar days of receipt of Customer’s notice.
(xiv) CUSTOMER AGREES TO PROVIDE AMISH SHEDS AND CARPORTS LLC WITH THE EXACT LOCATION REQUIREMENTS AND ORIENTATION FOR PURCHASED PRODUCTS PRIOR TO INSTALLATION. PRICES QUOTED BY AMISH SHEDS AND CARPORTS LLC FOR INSTALLED PRODUCT ASSUME A LEVEL WORK AREA NOT MORE THAN 100 FEET FROM THE POINT OF DELIVERY. IF THE LOCATION, ORIENTATION, OR ANYTHING ELSE RELATED TO THE PRODUCT CHANGES DURING INSTALLATION, CUSTOMER WILL BE RESPONSIBLE FOR ANY AND ALL CHARGES ASSOCIATED WITH THE ADDED INSTALLATION COSTS AND WILL BE BILLED DIRECTLY BY THE CERTIFIED INSTALLER.
In the event Customer’s Product requires a permit, AMISH SHEDS AND CARPORTS LLC offers a flat rate – $11.00 / square foot – to create an architectural plan set and (when necessary) provide a stamp from a third party engineering firm. If Customer purchases this product, Customer authorizes AMISH SHEDS AND CARPORTS LLC on Customer’s behalf to provide Customer with a set of plans to assist Customer in attaining a permit from Customer’s local municipality. Customer is responsible for paying fees associated with all application and permit fees, and taxes, to the appropriate governmental agency. If Customer does not purchase the architectural plan set, and the Product requires a permit or Product modifications to meet municipal codes, Customer will be charged $125 / hour, plus engineering fees (if applicable) and any Product change fees as outlined in Section 3 (Prices and Quotations).
Any and all shipping, delivery, and installation dates are estimates only, and AMISH SHEDS AND CARPORTS LLC does not guarantee that the Product will be shipped, delivered, or installed in accordance with such estimates. Without limiting the generality of the foregoing, AMISH SHEDS AND CARPORTS LLC may delay delivery of the Product without any liability therefore as a result of any delay caused by events outside AMISH SHEDS AND CARPORTS LLC reasonable control including, but not limited to, work stoppages, labor difficulties, AMISH SHEDS AND CARPORTS LLC inability to obtain necessary materials, components, labor, or manufacturing facilities, or anything else that would in any way impair AMISH SHEDS AND CARPORTS LLC ability to deliver the Product in the quantities ordered at the prices quoted. Installation Services: Customer agrees that any deliveries that are more than 150' from the installation site may incur additional charges, and will be billed to Customer by Installer.
QUOTED SHIPPING RATES ARE FOR MAJOR METROPOLITAN AREAS; SURCHARGES FOR RURAL OR LIMITED ACCESS DELIVERIES COULD APPLY AND WILL BE COMMUNICATED TO CUSTOMER PRIOR TO SHIPMENT.First 50 miles are free delivery all additional miles are charged at a rate of $3.00 per mile,
7. SHIPMENT AND TITLE
Customer is deemed to have received the Product when Customer picks up the Product from AMISH SHEDS AND CARPORTS LLC warehouses or upon delivery of the Product to Customer’s delivery address. AMISH SHEDS AND CARPORTS LLC shall bear all risk of loss and casualty to the Product until such time as the Product has been received or deemed to have been received by Customer. Customer shall bear all risk of loss and casualty to the Product upon and after the Product has been received or deemed to have been received by Customer. If the Product is delivered to Customer’s delivery address, Customer is solely responsible for and will insure against loss or casualty incurred during and after the unloading process at such location. Customer is solely responsible to inspect the Product upon receipt for any visible damages incurred during shipping before signing off with the delivery service. If upon inspecting the shipment Customer notices visible damage, Customer is to notify AMISH SHEDS AND CARPORTS LLC immediately. Adhering to freight law, AMISH SHEDS AND CARPORTS LLC prohibits the rejection of any and all pieces, damaged or undamaged. In the event of concealed damage, Customer is to notify AMISH SHEDS AND CARPORTS LLC at first opportunity.
Upon signing the delivery papers by Customer or on Customer’s behalf, Customer is solely responsible for the Product and any and all costs associated with the Product with the exception of concealed damage.
Product may be returned only with the prior written authorization of AMISH SHEDS AND CARPORTS LLC, in AMISH SHEDS AND CARPORTS LLC sole discretion. If AMISH SHEDS AND CARPORTS LLC authorizes a return, a return authorization number will be assigned to Customer by AMISH SHEDS AND CARPORTS LLC. The return authorization number must be marked on the shipping container for the Product being returned. Any Product so returned shall be subject to a restocking fee of at minimum of 30% of the purchase Price. Customer will be responsible for all return shipping costs. Customer shall bear the risk of loss during shipment with respect to any such returned Product and shall be responsible for insuring the Product for its purchase price. Any Product returned to AMISH SHEDS AND CARPORTS LLC without prior authorization shall be returned to Customer, freight collect. AMISH SHEDS AND CARPORTS LLC may place in storage any Product for which shipment is delayed by Customer’s inability or unwillingness to pay for and receive the Product. Such storage by Studio Shed shall be for Customer’s account at Customer’s expense, and the Product so stored shall be at Customer’s risk while stored.
9. LIMITED WARRANTY
AMISH SHEDS AND CARPORTS LLC warrants to the original purchaser of the Product that, should there be any defects in the material or workmanship during the initial 30 DAYS (one MONTH) from Customer’s receipt of the Product, AMISH SHEDS AND CARPORTS LLC will either repair or replace the covered defects. Customer must notify AMISH SHEDS AND CARPORTS LLC of any claim of defects in the material or workmanship within 30 DAYS (1) month after Customer’s receipt of the Product. Said notice must be in writing, set forth specifically the basis for the claim, and include a photograph of the defect(s). The failure to satisfy the requirements above will constitute irrevocable acceptance of the Product. All warranty claim notices should be sent to AMISH SHEDS AND CARPORTS LLC, attention to General Manager, 3544 NORTH RIDGE RD EAST, ASHTABULA OHIO 44004. This warranty gives Customer specific legal rights. (Customer may also have other rights which may vary from state to state). Failure to follow the Construction Manual or any related instructions, and any abuse or misuse of the Product including unauthorized alterations, will void this Limited Warranty. AMISH SHEDS AND CARPORTS LLC is not responsible for damage caused by the location of the Product on or over inappropriate soils or terrain or by the use of improper replacement parts. AMISH SHEDS AND CARPORTS LLC assumes no responsibility and expressly disclaims all liabilities for damages due to misuse, neglect, improper maintenance or adjustments, and normal wear and tear of the Product. AMISH SHEDS AND CARPORTS LLC reserves the right to change and/or improve the design and/or specifications of the Product without notice or obligation to modify previously produced units. No installation or other instructions, advice, Product information, or marketing materials, whether oral or written, obtained by Customer at any time from AMISH SHEDS AND CARPORTS LLC or any vendor or retailer of AMISH SHEDS AND CARPORTS LLC Products shall create any AMISH SHEDS AND CARPORTS LLC express warranty not expressly stated in this Section.
AMISH SHEDS AND CARPORTS LLC MAKES NO EXPRESS WARRANTIES EXCEPT AS STATED IN THIS SECTION. ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL TERMINATE THREE HUNDRED SIXTY FIVE (365) DAYS FROM CUSTOMER’S RECEIPT OF THE PRODUCT. (SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.)
Customer agrees to defend, with counsel approved by AMISH SHEDS AND CARPORTS LLC, all actions against AMISH SHEDS AND CARPORTS LLC, its officers, directors, managers, shareholders, members, employees, agents, beneficiaries, successors, and other representatives (the “Indemnified Parties”) with respect to, and to pay, protect, and indemnify and save harmless all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature arising from or relating to the injury to or death of any person, or damage to or loss of property, caused by or incurred in connection with Customer’s use or misuse of the Product.
LIMITATION OF LIABILITY. IN NO EVENT SHALL AMISH SHEDS AND CARPORTS LLC BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE THESE TERMS AND CONDITIONS OR CUSTOMER’S PURCHASE OF PRODUCT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF AMISH SHEDS AND CARPORTS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AMISH SHEDS AND CARPORTS LLC AGGREGATE LIABILITY WHETHER IN CONTRACT, WARRANTY, OR TORT, INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, EXCEED THE PRICE PAID BY CUSTOMER TO AMISH SHEDS AND CARPORTS LLC.
(Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to Customer, and Customer may have additional rights to those contained herein. In such states, AMISH SHEDS AND CARPORTS LLC liability is limited to the greatest extent permitted by law.)
11. TRADEMARKS AND TRADE NAMES
Customer acknowledges and agrees that all brand names, trade names, and trademarks incorporated onto or associated with the Product (collectively, the “Marks”) purchased here under are the exclusive property of AMISH SHEDS AND CARPORTS LLC and that Customer shall not acquire any rights in any of the Marks by purchasing the Product. Customer shall not make any use of the Marks at any time except as otherwise authorized by AMISH SHEDS AND CARPORTS LLC in writing.
12. PROPRIETARY INFORMATION/NONDISCLOSURE
Customer acknowledges and agrees that any knowledge or information, including drawings, designs, specifications, plans, and data, that AMISH SHEDS AND CARPORTS LLC may have disclosed or may hereafter disclosed to Customer incident to the placing and filling of an Order shall, at all times, remain the exclusive property of AMISH SHEDS AND CARPORTS LLC, and Customer shall acquire no interest in, or right with respect to, such proprietary information unless otherwise stated in writing by AMISH SHEDS AND CARPORTS LLC. Customer further acknowledges and agrees that such proprietary information constitutes valuable, special, and unique business assets of AMISH SHEDS AND CARPORTS LLC and that Customer shall not now or at any time in the future use any such information in any manner or disclose any such information to any person or entity, except as expressly permitted in writing by AMISH SHEDS AND CARPORTS LLC.
13. GOVERNING LAW AND JURISDICTION
ALL MATTERS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR CUSTOMER’S PURCHASE OF PRODUCT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. EXCLUSIVE JURISDICTION OVER AND VENUE OF ANY SUIT WILL BE IN THE STATE COURTS LOCATED IN ASHTABULA COUNTY, OHIO OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OHIO LOCATED IN COLUMBUS, OHIO.
14. ENTIRE AGREEMENT
These terms and conditions together with the Order constitute the parties’ entire agreement relating to the subject matter hereof and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to such subject matter. No modification to these terms and conditions will be binding unless in writing and signed by each party.
15. NO WAIVER
No waiver of any provision of these terms and conditions or delay by either party in enforcement of any right here under shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.
In the event any provision herein should be held unenforceable by a court of competent jurisdiction, such court is hereby authorized to amend such provision so that it will be enforceable to the fullest extent permitted by law, and all remaining provisions shall continue in full force without being affected, impaired, or invalidated thereby in any way.
17. NO ASSIGNMENT
Customer agrees that Customer may not to assign or transfer any of Customer’s rights arising out of or related to these terms and conditions or Customer’s purchase of Product.
18. ATTORNEYS FEES
Customer agrees that if Customer fails to timely pay to AMISH SHEDS AND CARPORTS LLC any sums due here under and AMISH SHEDS AND CARPORTS LLC sues to collect such sums, Customer will be liable for reasonable fees, including but limited to collection fees and any attorney’s fees, so incurred by AMISH SHEDS AND CARPORTS LLC
Customer hereby agrees to Order the Product at the stated costs and have read and agree to the TERMS AND CONDITIONS, incorporated herein under this reference. Customer understands and agrees that AMISH SHEDS AND CARPORTS LLC reserves the right to change, discontinue or substitute materials. Customer understands and agrees that the Product delivered does not include any foundation work, site preparation, steps, wheels, or any other materials or work product not specifically defined in the Order.