Terms and Conditions

CHEAP POLE BARN KITS TERMS AND CONDITIONS

1.

·        THESE TERMS AND CONDITIONS (“TERMS”) FOR THE SALE OF PRODUCTS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS WHICH MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY AGREEING TO THESE TERMS, YOU (REFERRED TO AS “CUSTOMER” OR “YOU” AS THE CONTEXT MAY REQUIRE) AGREE: (I) YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONSENT TO BE LEGALLY BOUND BY THESE TERMS; AND (II) YOU ACCEPT AND ARE BOUND BY THESE TERMS BY PLACING AN ORDER FOR PRODUCTS FROM OUR COMPANY

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS COMPANY IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT AT LEAST 18 YEARS OF AGE OR (i) LEGAL AGE TO FORM A BINDING CONTRACT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS COMPANY’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

These Terms apply to the purchase and sale of all products, including, components, parts, kits, spare and repair parts, and other items (“product(s)”) sold solely by Cheap Pole Barn Kits.

2.       

·        Order Acceptance, Cancellation, and Returns:

1.        You agree your order is an offer to buy, under these Terms, all products listed in your order and available to order. We may choose not to accept any orders in our sole discretion.

2.        After having received your order, we will send you a confirmation e-mail accepting your order number and details of the items you have ordered. Acceptance of your order is the formation of the contract of sale between you and Cheap Pole Barn Kits.

3.        If the products you have ordered are no longer in stock, or there is another issue with your order, you will receive notice that your order will need to be altered, canceled, or otherwise amended. Cheap Pole Barn Kits reserves the right to cancel any order at any time.

4.        You have the option to cancel your order at any time within 24 hours of placing an order with no cancellation charge. After 24 hours, we reserve the right to charge a thirty-five percent (35%) cancellation fee based on the total value of your order.

5         Cheap Pole Barn Kits do not accept returns. After 24 hours of placing your order, the order will be confirmed and in the shipment phase. Orders cannot be cancelled or returned after the order has entered the shipment phase.

 3.       

·        Prices and Payment Terms:

1.        All prices posted by us are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail.

2.        Posted prices do not include taxes or shipping fees. All such taxes and charges will be added to your merchandise total and will be itemized in your receipt and in your order confirmation e-mail, if applicable.

3.        We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

4.        You must redeem any online promotion codes, coupons, military discounts, or other discounts at the time of purchase. Cheap Pole Barn Kits will not honor any online promotion codes, coupons, or other discounts after the sale is completed. Sales tax, shipping & handling charges do not qualify for discount.

5.        Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us and have cleared our bank account before an order is finalized and produced.

i. We accept Visa, Mastercard, Discover, American Express or ACH. You   may also pay for your purchases via PayPal. In our sole discretion, we may accept personal checks or business checks.

1. You represent and warrant the following:

1. the credit card information you supply to us is true, correct and complete,

2. you are duly authorized to use such a credit card for the purchase,

3. charges incurred by you will be honored by your credit card company, and

4. you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

6.        Cheap Pole Barn Kits will calculate and collect sales or use tax in every jurisdiction as currently required by state and local law. You agree to pay these taxes unless you have provided us, at the point of sale, with a valid exemption resale certificate in the appropriate form for the jurisdiction of your place of business. Cheap Pole Barn Kits will not honor tax exemption certificates provided after the sale is completed.

7.        For those areas in which Cheap Pole Barn Kits has not established nexus, all prices quoted are exclusive of all taxes including, but not limited to, federal, state, provincial and local sales, excise, value added, goods and services taxes and any other taxes. You agree to indemnify and hold us harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon.

8.        When applicable, transportation and taxes shall appear as separate items on our invoice.

9.        Customer agrees to pay, or reimburse us for, all costs of collection, including actual out-of-pocket attorneys’ fees and expenses, the fees and expenses of any collection agency, and other collection costs.

4.       

·        Shipments, Delivery, Title, Risk of Loss, and Inspection:

1.        In most cases, we will arrange for shipping and off-loading of products purchased from us.

i.         To avoid additional unloading fees, it is your responsibility to prepare and mark the area for off-loading.

ii.         Off-loading includes up to 3 hours of the driver’s time. Any additional time is billable at $75.00 per hour.

iii.        Expedited delivery of kit may be available for an additional fee. Contact Cheap Pole Barn Kits Customer Service at 1-302-603-3586 for additional information.

2.        Unless otherwise noted, the order will ship FOB destination, meaning title and risk of loss for the products ordered will pass to you upon delivery to you.

3.        Lead times, shipping and delivery dates provided are estimates only and cannot be guaranteed, therefore, we are not liable for any delays in shipments.

4.        You will be provided with a Cheap Pole Barn Kits care package to inventory component parts prior to delivery.

5.        Subject to the exclusions contained in Section 6 below, for a period of thirty (32) calendar days following delivery, defective or missing parts will be replaced at no charge and sent to you via ground delivery provided you notify us within thirty (32) calendar days after delivery.

6.        Most shipments are delivered by a Semi-Truck with forklift.

i.         If your destination cannot accommodate the delivery vehicle, you will be responsible for providing, in which case re-delivery fees and storage charges may apply.

ii.         Cheap Pole Barn Kits shall not be responsible for any losses, costs or damage due to geographic location, local covenants, neighborhood association rules, or any other restrictions (such as dirt roads, wooden bridges, or low power lines) which delay or prevent the delivery of your order.

iii.        You will be solely responsible for selecting an appropriate site location for the product, including obtaining all required permits or licenses and locating any gas, cable or electrical lines.

7.        All shipments will arrive on a single carrier as an individual shipment. You will be required to complete a detailed shipping information form after submitting your order. The form includes important information critical to the success of your order delivery. After completing the shipping information form you will receive an estimated delivery date giving you ample notice to prepare for the delivery of your shipment.

i.         You will receive a phone call or email with a tentative shipping date and a notification just prior to delivery day for an approximate time.

ii.         If for some reason your shipment is undeliverable, storage charges and redelivery fees may apply.

iii.        You will be responsible for rescheduling the delivery or rerouting the delivery to another location, as well as all additional costs or fees.

8.        Shipping damage must be reported to us within two calendar days of delivery for visible damage and four calendar days of delivery for concealed damage.

i.         Cheap Pole Barn Kits will not be held responsible for any shipping or material costs associated with the replacement of such parts if you fail to comply with the time limits set forth in this provision.

ii.         You must identify any damage to your order on the bill of lading or delivery receipt. If damage is suspected due to outside appearance of pallet wrap or otherwise, you must note on the bill of lading that your acceptance of the order is “subject to concealed or hidden damage.”

iii.        Cheap Pole Barn Kits will not be held responsible for any freight or material costs associated with replacing damaged component(s) if:

1.        The damage is not noted on the bill of lading or delivery receipt at the time of delivery and

2.        You don’t contact us as outlined herein.

5.       

·        Third-Party Products and Services:

1.        Cheap Pole Barn Kits provides a stamped truss certificate. Cheap Pole Barn Kits is not responsible for any local rules or requirements that may affect Customer’s ability or right to install or use the products, including obtaining any permits and compliance with any building codes, subdivision rules, homeowner association rules, and similar restrictions. Cheap Pole Barn Kits is not responsible for any property conditions or restrictions that may affect Customer’s ability or right to install or use the products, including deed restrictions, real estate covenants, soil conditions, right of way restrictions, or setback restrictions. Cheap Pole Barn Kits is not responsible for any delay or inability to install or use the products due to cables, water lines, sewer lines, gas lines, or other utility lines, or because of the presence of tree canopies or roots, or any other above ground or underground conditions. You are solely responsible for all the foregoing matters, and you assume the risk that you may not be able to use the products because of any of the foregoing matters.

2.        Cheap Pole Barn Kits is not responsible for any matters relating to installation of the products. Due to potential delivery delays, we recommend scheduling installation only after receiving all the products ordered.

3.        We will not be responsible for any costs, liabilities, damages, or expenses for forklift rentals, installation (including electrical and wiring installations), engineering and design services (including assessment and evaluation of load limits and on-site inspections), lifting equipment, delivery delays or other damages, costs, expenses or liabilities resulting from, in connection with, or arising from the actions or omissions of third-party vendors. You agree to release us from all such damages, costs, expenses, or liabilities resulting from, in connection with or arising from such services performed by such third-party vendors.

4.        You acknowledge that local building codes and requirements are subject to change at any time. You acknowledge that information provided on our website, or otherwise made available to you, may be outdated. You are solely responsible for any additional parts, bracing, drawing changes, or other matters that may be required because of local building codes or requirements.

5.        Other items, such as sheet metal, windows, doors, and trims may be ordered by us on your behalf. Those items may have a separate and distinct warranty which will be disclosed upon request from the item manufacturer. See the limited warranty and exclusions in Sections 6 and 7, below.

6.       

·        Limited Warranty:

1.        LIMITED WARRANTIES GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. All warranties included with your kit purchase are provided directly from the manufacturers. Cheap Pole Barn Kits are not responsible for any warranty coverage. Manufacturers’ warranties are subject to change without notice. Cheap Pole Barn Kits do not offer any related warranties. See the manufacturer’s warranty for all warranties included with your pole barn kit.   

i.         50-Year Limited Warranty against rot, decay, or insect damages on their GPB Nail-Lam columns. See Graber Post Buildings Inc. for complete details.

ii.         40-Year Limited Warranty on Akzo-1050 Siliconized Polyester Finish roofing and siding panels. See Graber Post Buildings Inc. for complete details.

iii.        C.H.I. Overhead Doors Limited Warranty. See C.H.I. Overhead Doors for specific limited warranties and complete details

iv.        Encompass vinyl windows by Pella. See Pella for Limited Lifetime Warranty and complete details.

v.         Other manufacturers’ warranties may apply and are subject to manufacturer terms and conditions.

2.        You acknowledge that truss members (including framing) should not be left unattended unless sheet metal has been applied or proper support is in place to prevent truss members from toppling or breaking. Replacement parts cost arising from such an event will be the responsibility of the customer.

3.        Obtaining Warranty Service: To obtain warranty service, you must call the individual manufacturer responsible for their warranty. It is your responsibility to collect the manufacturers’ warranties related to your products used with your building kit.

7.       

·        Limitation of Liability:

1.        IN NO EVENT SHALL CHEAP POLE BARN KITS, ITS PARENTS, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CHEAP POLE BARN KITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

2.        IN NO EVENT SHALL CHEAP POLE BARN KITS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO CHEAP POLE BARN KITS FOR THE PRODUCTS SOLD HEREUNDER.

8.       

·        Disclaimer of Liability for Misuse:

1.        The individual components and accessories are designed to be assembled as a complete building kit. Components which are manipulated, eliminated, or utilized in any manner outside the standard design can cause the unit and/or structure not to perform correctly, fail, and/or cause personal injury or death. It is the buyer(s), end user(s), and/or installer(s) sole responsibility to determine the specific building code requirements applicable in the city and/or county of the state in which his/her intended use of the product and/or components are erected; and to ensure the product is installed with adequate materials and in such a manner as to comply with those codes. Eliminating components or choosing not to utilize components required within the structure may impair the structure’s ability to meet specified and required by local building codes. Any departure from the provided instructions will void any warranty provided by the manufacturers, and all liability from the use of an improperly constructed or modified structure will be the responsibility of the buyer(s), end user(s) and/or installer(s).

2.        Any other structural modification, including adding extension pieces to increase the “width”, “length”, and/ or “height” of an existing structure, utilizing parts not provided in the building kit, or otherwise changing the structure beyond its structural capability may impair its ability to meet sufficient load requirements and/or performance under that load rating required by the local building code. This may cause the unit to fail and cause harm to surrounding contents and/or property, cause personal injury and/or death. Any departure from the provided instructions will void any warranty provided by the manufacturers and all liability from the structure will be the responsibility of the buyer(s), end user(s) and/or installer(s).

9.       

·        Indemnification: To the maximum extent permitted under applicable law, you agree to fully indemnify, defend, and hold us, our agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against all claims, damages, losses, costs, attorneys’ fees and other expenses arising out of, relating to, or in connection with:

1.        Your breach or alleged breach of these Terms;

2.        Any actions or inactions by you that would void the Product Warranty as set forth in Section 6 or otherwise;

3.        Personal injury or death, or destruction of any property caused by your/ the end user (or your direct or indirect employees’) conduct, actions (or inaction), performance (or failure to perform) and/or negligence with regard to the transportation, construction, resale or other use of materials or products supplied by the Manufacturer;

4.        Any allegation or any materials you submit to us or transmit through the company or allegedly infringe the intellectual property rights of any third party; or

5.        Your negligence or willful misconduct.

10.       

·        Attorneys' Fees: If Cheap Pole Barn Kits brings any action to enforce its rights under these Terms, Cheap Pole Barn Kits shall be entitled to recover all fees and expenses in bringing and pursuing such action, including attorneys’ fees incurred to enforce the indemnity provision in Section 9 above or any other provision of these Terms.

11.       

·        Products Not for Resale or Export: You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant you are buying products or services from the company for your own personal or household use only, and not for resale or export. Products and services purchased from the company may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).

12.       

·        Intellectual Property Use and Ownership: You acknowledge and agree with the following:

1.        You will comply with all terms and conditions of specific license agreements, if any, for any product or service you obtain through this company, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.

2.        You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these Product and service license agreements.

3.        Cheap Pole Barn Kits and its licensor(s) are and will remain the sole and exclusive owner(s) of all intellectual property rights in and to each product and service made available by our company and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license, granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through our company or of any intellectual property rights relating to such products or services.

13.       

·        Privacy: We respect your privacy and are committed to protecting it. Our privacy policy, available on our website at www.CheapPoleBarnKits.com, governs the processing of all personal data collected from you in connection with your purchase of products or services through the website (if applicable).

14.       

·        Force Majeure: We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

15.       

·        Governing Law and Jurisdiction: All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

16.       

·        Assignment: You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

17.       

·        No Waivers: The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of the right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Cheap Pole Barn Kits.

18.       

·        No Third-Party Beneficiaries: These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

19.       

·        Severability: If any provision of these Terms is found to be unenforceable, the unenforceable provision will be severed, and the remaining provisions of these Terms will remain valid and be enforced.

20.       

·        Notices

1. To You. We may provide any notice to you under these Terms by:

i.         Sending a message to the e-mail address you provide or

ii.         Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

2. To Us. To give us notice under these Terms, you must contact us as follows:

i.         By personal delivery, overnight courier or registered or certified mail to Cheap Pole Barn Kits., 7288 S. DuPont Hwy. Felton, Delaware 19943. We may update our address for notices to us by posting a notice on the website www.CheapPoleBarnKits.com. Notices provided by personal delivery, overnight courier or registered or certified mail will be effective upon confirmed receipt.

21.       

·        Entire Agreement: Order confirmations and these Terms relate to any product or service you obtain through our company and will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.