E-SIGN Consent Agreement for Online Transactions, Communications, Agreements and Services
Introduction:Catapult Steel Buildings, 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 www.catapultsteel.com/about-us/privacy-policy.
Definitions of terms used in this document
“We”, “Our,”an Us mean Seller or its DBA’s
“Buyer”, “You”an 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 Catapult Steel Buildings, LLC, or its DBA’s.
"Manufacturer"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 Catapult Steel Buildings, 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.
Agreementmeans 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.
Manufacturermeans the entity who the Seller assigns your Structure to for manufacture and installation and its sub-contractors, affiliates and third-party entities.
Depositis the portion of the structure price retained for initiating the special-order Contract.
Dealermeans we are an affiliate helps the Manufacturer sell products and services in exchange for payment.
Buyermean 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.
Communicationsmeans 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.
Consentyour willingness and ability to receive Communications electronically.
Change Orderis 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.
