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Terms and Conditions

1. Acceptance of Purchase Order: Buyer acknowledges receipt of a completed copy of this Purchase Order including the General Conditions stated herein as well as the online Terms & Conditions. This Purchase Order constitutes an agreement binding upon Buyer named on this Purchase Order. This Purchase Order is binding on Seller only upon acceptance in writing by Seller’s authorized officer. If accepted, this Purchase Order will be duly signed by an officer of the Seller, or if not accepted, deposit shall be returned to Buyer. This Purchase Order shall become a binding Contract upon its acceptance in writing by an authorized representative of Seller. After such acceptance, it may not be rescinded by either party for any reason whatsoever unless in writing signed by both parties agreeing to such a rescission. No understanding, promise or representation, and no waiver, alteration or modification of any of the provisions hereof shall be binding upon Seller unless consented to expressly in writing by an authorized representative of Seller. Buyer has not relied on any statements or representations of any party (including without limitation any of Seller's representatives) that alters, adds to or differs from these terms or conditions and no such statement or representation shall be recognized or be binding upon Seller. Any and all provisions of Buyer's Purchase Order or other documents that add to or differ from these terms and conditions are expressly rejected. No waiver of these conditions or acceptance of others shall be construed from any failure of the Seller to raise objections. Further, Buyer and Seller understand and agree that any and all drawings supplied by Buyer and/or Seller other than Preliminary/Approval Drawings and/or Stamped Drawings supplied buy Seller previous to purchase of building or after purchase of building shall not be considered valid to be used as a basis for building costs and pricing. Any and all Buyer supplied drawings previous to Buyer signing and accepting Purchase Order herein shall have no bearing what so ever on the price of the building reflected on Purchase Order herein. Seller will make every effort to price building according to Buyer specifications; however, it is understood that building specifications and pricing may change upon Buyer supplied Preliminary/Approval drawings. Further, Buyer and Seller agree that the signed Purchase Order herein shall be the only and final determination as to what specifically the Seller is to provide to the Buyer unless such changes are agreed to in writing by Seller including but not limited to Change Orders.


2. Delivery and Payment:
Buyer agrees to pay total balance of purchase price by money order or certified check upon delivery of merchandise (Seller assumes no responsibility if cash is paid to driver for balances on building). Unless otherwise specified, shipments are FOB factory. Seller shall have the option to deliver goods in two or more installments as Seller shall elect title of goods and risk of loss shall pass to Buyer upon Seller's tender of delivery to Buyer. Unless otherwise stated. Seller will arrange for shipment of the building to the Buyer and the cost of such shipment will be included in the price of the building. Goods will be shipped by the method and via the carrier chosen by Seller. Delivery time chosen by customer upon initial purchase that appears on the first page of this agreement is estimated and Seller shall not be held responsible for effectuating delivery in this specific time frame. Further, all delivery dates will be approximate and are based on prompt receipt of all necessary information from Buyer regarding the goods covered by the Contract. Seller will use reasonable efforts to meet any indicated delivery date and shall not be held responsible for its failure to do so. In the event of any delay caused by Buyer, Seller will store and handle all items ordered. Buyer will bear the risk of loss of such goods and Buyer will pay for the unpaid portion of the Contract price, plus $14 per day (minimum 10 working days or $140) storage, insurance and handling charges and freight charges on or after the date on which the goods are ready for delivery as well as all other reasonable costs incurred by Seller. The Buyer, upon being notified that the goods are ready for shipment, shall receive and accept delivery of the goods within ten (10) days of such notification. If the Buyer fails to accept delivery of the goods within said 10 day period the Seller may, at its option, and without notice, treat this Contract as being materially breached, in which event the Seller shall have all remedies for breach of this Contract under all state and federal laws. Buyer shall bare full responsibility to unload building upon arrival on specified job site. Seller shall not be held responsible for any costs associated with the unloading of delivered building unless agreed to and specified in writing by both Seller and Buyer. Any dispute about the quality, condition or workmanship of the goods or otherwise in connection with the terms of this Contract. shall not entitle the Buyer to reject or revoke acceptance of the goods. In the case of any dispute, the Buyer shall take delivery of the goods and pay for the same. Buyer shall bear risk of loss as soon as the truck bearing the building arrives at his premises. Thus, all risk of loss during the period of unloading, including personal injury, or any other liability, is upon the Buyer. Seller shall not be responsible for spotting. Switching, drayage, demurrage or other transportation charges unless agreed to in writing prior to delivery. Buyer shall hold Seller harmless from any loss, costs, claims, suits, damages and attorney's fees arising from any alleged or real injury (including to personal injury) to any person or property which arises out of work performed or materials supplied hereunder. Further more, Buyer agrees and understands that the Fabrication Deposit must be paid in full before building can be manufactured. Fabrication Deposit must be paid by money order or cleared funds only. No other forms of payment shall be accepted. Seller reserves the right to demand payment in full for COD amount before delivery of building specified in this Purchase Order for whatever reason deemed appropriate by Seller. Buyer agrees that such demand is reasonable and agrees to full payment within 5 working days of being notified of such demand.

3. Limited Warranty:
Any goods purchased by Buyer hereunder shall be deemed fully accepted by Buyer and all claims for damages or defects caused by shipment of the goods shall be deemed waived unless the Carrier receives written notice of any such defects at the time of delivery, in writing, on the bill of lading. Any and all claims for shortages must be reported in writing within 7 days of the date of delivery. Buyer must give written notice of any and all warranty claims within 7 days after Buyer discovers the defect or alleged defect. Such written notice shall state with particularity each and every alleged defect and/or shortage claimed by Buyer. Buyer’s exclusive remedy for any defects or shortages in goods shall be limited to furnishing (but not dismantling or installing) replacement parts in the Seller’s sole option. The Seller may choose to repair defective goods. Seller shall only be liable for repairs which are authorized in writing prior to the repair. Replacement of shortages shall be FOB Seller if shortages reported within the 7 days as stated previously. Replacement of defective parts shall be FOB Seller if reported within the 7 days as stated previously. Seller’s liability shall not in any event include buyer’s costs, lost profits or good will, personal injury, or any special incidental or consequential damages including any attorneys’ fees and costs incurred by Buyer in enforcing the terms herein, whether such damages arise out of or are a result of any breach of contract, warranty, tort (including negligence). Strict liability or otherwise, seller shall not be liable for any loss, claim, expense or damage caused by, contributed to, or arising out of the acts or omissions of buyer or third parties (including without limitation carriers). Strict liability or otherwise, Seller shall not be liable for any loss, claim, expense or damage caused by, contributed to, or arising out of the acts or omissions of Buyer or otherwise the remedies stated herein shall be in lieu of all other remedies available to the Buyer at law or equity. For a period of one (1) year from the date of original shipment, Seller warrants that its products are free from defects in materials and workmanship on the date of shipment from its plant. The Seller’s warranty does not cover defects or damage caused by acts of God (including excessive wind loads or excessive snow loads). Falling objects, accidents, aggressive atmosphere conditions (including, but not limited to, salt water atmosphere, corrosive chemicals, fumes, ash, or animal waste) or failure to maintain the building. Overhead/roll up doors are warranted solely by the manufacturer and Seller offers no warranty on overhead/roll up doors. This warranty is given in place of any and all other warranties express or implied. The Seller gives no warranties of merchantability or fitness for a particular purpose, which warranties are expressly disclaimed.

4. Material Breach By Buyer: The Buyer agrees that in the event of a breech by Buyer, the Seller's damages will be difficult to measure and, therefore, Seller must take all necessary actions and/or remedies to safeguard Sellers position which may include but not limited to placing liens on property (land and other structures currently existing on land) building was to be constructed upon in accordance but not limited to the ship to address specified by Buyer on the Purchase Order Agreement. Further, Seller is entitled to have and recover liquidated damages from the Buyer. The liquidated damages which the Seller may recover are; (a) 50% of the purchase price if the Buyer's breach or repudiation occurs prior to the time the goods are shipped; (b) 50% of the purchase price plus all shipping, handling and resulting storage costs, if the Buyer's breach or repudiation occurs after the goods have been shipped; (c) 100% of the purchase price if the Buyer's breach or repudiation occurs after tender of delivery of the goods. This is defined as but not limited to Buyer distributing payment to truck driver upon delivery of building and/or any materials ordered that is anything other than a cashiers check or money order as specified on the Purchase Order

and the Terms and Conditions as agreed to by Buyer. Any such action of this nature shall result in the repossession of delivered building and/or materials by Seller or any entity designated by Seller to take possession of said building and/or materials. Buyer understands and agrees that should this breach occur, the building in Buyer’s possession is property of United Steel Building and must be relinquished immediately upon request or will be taken back by any means

United Steel feels appropriate to protect its financial position. In addition, Buyer is financially responsible for any reasonable amount specified by Seller that was incurred due to Buyer’s breach of contract including but not limited to trucking costs to take building back to manufacturing plant of Seller’s choice, all storage fees associated with storing building until it is re-sold or otherwise disposed of in a satisfactory manner as per Seller. (d) 100% of the purchase price if the breach occurs with respect to specially manufactured or custom goods prior to their shipment; (e) 100% of the purchase price plus all shipping, handling and resulting storage costs if the breach is with respect to specially manufactured or custom goods if the breach occurs after their shipment. The Buyer further agrees that the amount of liquidated damages specified herein constitutes a reasonable estimate of the actual damages which the Seller would expect to incur upon the Buyer's breach or repudiation of this agreement. In addition to, or as part of the other remedies of the Seller specified herein, upon breach or repudiation by Buyer, the Seller may retain on its own account any deposit paid by Buyer, and such retention shall not impair any other remedies available to the Seller under this Contract or at law or equity. Further, in the event Buyer defaults or breaches the terms and conditions of the contract and it becomes necessary for Seller to employ an attorney to enforce any provisions of this contract. Buyer shall be liable for and Seller shall be entitled to an award of all Seller's attorneys' fees and costs to the maximum extent allowed by law. This shall include, without limitation, all such attorney’s fees incurred prior to litigation, during litigation and for appellate and post-judgment proceedings. Notwithstanding any other provisions hereof to the contrary, if at any time Seller in good faith determines that Buyers' credit shall become impaired, Seller may decline to make delivery hereunder except for cash, in advance.


5. Permit Hold Orders:
An order may be placed on “Permit Hold” status via the Buyer. Seller reserves right to place order on Permit Hold at its discretion. Buyer understands and agrees to give unilateral discretion to Seller to change order to Permit Hold. Permit Hold orders will receive one or more sets of permit drawings to be submitted as part of permit application. Once Buyer obtains necessary permits, Buyer must submit to Seller a written request to release the order for fabrication and written notification that Buyer has obtained any necessary permits.

6. Sales Tax: Buyer shall pay all applicable sales taxes on the purchase price; however, it is expressly understood that if the rate of any applicable taxes is changed by the taxing authorities Buyer shall pay in full the taxes set forth by those authorities. Buyer shall promptly pay the amount of such taxes to Seller upon demand regardless of whether the Contract is considered to be in interstate or intrastate commerce.


7. Jurisdiction/Venue and Trial by Jury Waiver:
This contract (and the performance thereof) shall be governed by and shall be constituted and enforced according to the Laws of the state of Florida. The parties hereto expressly agree that if a court of competent jurisdiction deems any of the language contained hereto to be vague or ambiguous, such language shall not be presumptively construed against either party but shall be construed so to give effect to the true intentions of the parties. Further, the parties agree that this Contract has been consummated in Broward County, Florida. Buyer consents to the exercise of personal jurisdiction over him or her (or in the event Buyer is a corporate entity) by the Courts of Broward County, Florida for the purpose of enforcing this Contract. Buyer waives any defense to jurisdiction over Buyer by a court of competent jurisdiction in the State of Florida and cannot otherwise challenge venue in any way. In the event of any litigation between the parties related to, based upon, or in any way involving this Purchase Order or the products involved therein, jurisdiction and venue for such action shall solely and exclusively be in Broward County, Florida. Further, both parties fully agree and understand to not elect a trial jury as to any issue deemed triable of right by jury. Both parties knowingly waive any right to trial by jury in regard to this agreement and any and all other agreements, instruments, documents or any matter in relation to the business relationship hereto entered and enacted to include any and all claims, counter claims and/or other action resulting hereto.

8. Conformity of Merchandise: Building size and all other dimensions are approximate and intended to identify standard sizes sold by the Seller. Except when specifically indicated all dimensions are exterior dimensions. No warranty or representation is given by the Seller as to exact dimensions, as the same will vary depending upon concrete base and other factors identification of gauge is subject to permissible variations and intended to identify generally gauge designations by steel producers. Seller and Buyer hereby agree that Seller shall have no responsibility whatsoever for the erection of the structure or structures which are the subject of this Contract and that Seller shall be under no liability to Buyer for any loss or damage sustained by Buyer as a result of or in connection with the erection of the said structure or structures. Buyer hereby releases Seller from all claims, damages, expenses and liabilities of every kind and nature arising out of the erection of the subject structure or structures whether such erection is done by Buyer or third party. It is the sole responsibility of Buyer to assure that soil and subsoil conditions at the site are of sufficient density to support and sustain the foundation, the building and any materials stored therein.

9. Optional Foundation Drawings (NOT A STANDARD FEATURE) Foundation drawings may be obtained from Seller for a cost to be determined on an individual project basis. Foundation drawings supplied by Seller shall be based on the Buyer’s building location and shall be calculated at the highest possible codes to sustain building as Seller does not know Buyer’s particular and unique soil and sub soil conditions at the proposed building site. Buyer may supply Seller with certified soil and sub soil calculations thus allowing Seller to accurately calculate foundation needs.

10. Building Erection: The Buyer and/or the erector of the building to be constructed must follow and comply with the specifications contained in the drawings supplied to the Buyer by the Manufacturer through the Seller. Buyer agrees to indemnify and hold Seller harmless for any loss or damages, including attorney's fees and costs, as a result of the failure to comply with the specifications contained in the drawings supplied to the Buyer. Furthermore, Seller is released of all liabilities whatsoever and of any kind, whether in law or in equity, upon acceptance of delivery of building by Buyer.

11. Separability of Provisions: If any provision contained in the Contract (or application thereof to any person or circumstance) shall to any extent be held void or invalid by a court of competent jurisdiction the remainder of this Contract (or the application of such provision to persons or circumstances other than those as to which it is held or invalid) shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. The failure of the Seller to exercise any rights under this Contract upon the default by the Buyer or otherwise, shall not be a waiver of the Seller's subsequent ability to exercise that right.

12. Preliminary/Approval Drawings: Seller will submit to Buyer drawings to be approved by the Buyer of the basic building being purchased as described in this Contract. The preliminary/approval drawings will consist of anchor bolt plan, elevations, code information and cross sections. Buyer must approve or modify the drawings and return to Seller the signed preliminary/approval drawings with any modifications the Buyer feels necessary within 14 days of receipt of said drawings. Upon receipt by Seller of the approved drawings, Seller shall notify Buyer of any additional costs incurred as a result of Buyer’s changes to include but not limited to, code changes by Buyer’s local building department, structural changes to building as per signed Purchase Order and change order fees resulting from Buyer’s changes to drawings. Seller shall proceed with the preparation of detailed shop or permit drawings as needed upon full payment of any additional cost that had been incurred as a result of Buyer’s changes. Further, if preliminary drawings are not received by Seller in 15 (fifteen) days, Buyer will forfeit any and all discounts applied to Buyer’s Purchase Order associated with these Terms & Conditions to include but not limited to price reductions associated with competitive quotes, Buyer negotiated price reductions.

13. Forfeiture: Upon acceptance of this agreement by Seller, Buyer agrees and understands that deposit monies are specifically for drawings and other services rendered to make ready this building order. Further, Buyer agrees and understands Buyer shall not be entitled to a refund of the whole or any part of the deposit tendered to representative of the Seller regardless to method of payment. Further, Buyer understands and agrees that building described on this Purchase Order may be subject to a fabrication deposit at time of request for delivery. This fabrication deposit will be deducted from the final total price of the invoice and will in no way affect the building price. Further, in the event of default, Buyer irrevocably gives Seller right to act as Buyer’s attorney-in-fact to sell building to any third party at a price to be determined by Seller.

14. Change Orders: Buyer may request changes or add extras. Seller shall only be bound to comply with changes or extras which have been approved by Seller in the form of a “Change Order” signed by the Buyer or the Buyer's agent. The Change Order shall specify the change and the modification to the contract price. Further, Seller agrees and understands that said Change Order shall include a Change Order Fee to be determined at time of Change Order completion. Buyer shall have ten (10) business days from the date of the Change Order to return the Change Order signed to Seller. In the event Buyer does not return Change Order in ten (10) business days, Buyer understands and agrees that the contract (Purchase Order) has been breached thus, canceling the order resulting in the forfeiture of all of the Buyer’s deposit monies and entitling Seller to any and all remedies under this Contract and Florida law..

15. Delays: Buyer shall be responsible for all damages due to delay. Delays caused by the Buyer include, but are not limited to: (a) Buyer, its agents or employees notify Seller to place order on "hold" until further notice; (b) Buyer delays delivery of the building or parts thereof after fabrication is complete and ready to ship. If either events ( a) or (b) occur, Seller may then charge the Buyer whatever costs or damages Seller incurred by reason of the delay, including incidental and consequential damages. Further, Buyer will forfeit any and all discounts applied to Buyer’s Purchase Order associated with these Terms & Conditions to include but not limited to price reductions associated with competitive quotes, Buyer negotiated price reductions. Further, in the event (b) occurs, the full price of the goods will be immediately due and owing. If the factory increases the price of the building after the Buyer has caused a delay, this contract will be deemed to have been amended to include such a price increase and the Buyer's obligation hereunder will be increased to reflect such a price increase.

16. Maintenance: Roof and wall panels should remain free of any foreign substances and should be cleaned on a regular basis to prevent staining or discoloration of panel finishes. Buyer should take precautions to properly maintain the building once erected to ensure that no damage is caused by the accumulation of snow or ice.


17. Building Code Conformity:
Seller will make a good faith attempt at ascertaining Buyer’s building codes. BUYER AGREES AND UNDERSTANDS THAT SELLER DESIGNS BUILDINGS THROUGH OUT THE UNITED STATES AND CANNOT ASCERTAIN BUYER’S SPECIFIC BUILDING CODES. BUYER AGREES AND UNDERSTRANDS IT IS THE BUYER’S RESPONSIBILITY TO ASCERTAIN ANY AND ALL APPLICABLE ZONING AND BUILDING CODES IN THE AREA OF TERRITORY IN WHICH THE BUILDING IS TO BE ERECTED IN ORDER TO SATISFY HIMSELF THAT THE BUILDING CONFORMS TO ALL APPLICABLE ZONING BY-LAWS, RULES, REGULATIONS, ORDINANCES AND BUILDING CODES AND BUILDING PERMIT REQUIREMENTS IN SAID AREA. THE SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND OR NATURE WHETHER DIRECT OR INDIRECT, SUSTAINED BY FAILURE OF THE BUILDING TO COMPLY WITH SUCH ZONING BY-LAWS, RULES, REGULATIONS, ORDINANCES OR BUILDING CODES.

18. Force Majeure: Under no circumstances shall Seller be held liable for delays in delivery or in performance (or failure to manufacture or deliver) on the agreed upon delivery date. Seller shall also not be liable for any delay or failure to deliver due to causes beyond its control including without limitation, acts of God; acts of Buyer, acts of civil or military authority, priorities; fires; strikes, or other labor disturbances, floods, epidemics; wars; riots, delays in transportation, or inability on account of causes beyond Seller's reasonable control to obtain the necessary labor, materials, components or manufacturing facilities. Further, Seller agrees and understands that market steel prices are volatile and may increase as well as other materials covered in this agreement and any change orders that may be agreed upon. Therefore, Buyer is subject to any price increases the Buyer may incur between the date of this agreement, including, but not limited to, any subsequent change orders and the date Buyer takes delivery of said materials.


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