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.
"Agreement" means the bargain of the parties in fact as
found in their language or by implication from other circumstances, including
course of performance, course of dealing, and usage of trade.
"Manufacturer" means the entity who the Seller assigns
your Structure to for manufacture and installation and its sub-contractors,
affiliates and third-party entities.
"Deposit" is the portion of the structure price retained
for initiating the special-order Contract.
"Dealer" means we are an affiliate helps the Manufacturer
sell products and services in exchange for payment.
"Buyer" mean each you, your spouse and anyone you have
granted authorization. If you represent a company, government agency or
are transacting on the behalf of any person or entity, means them and you.
"Communications" means the information given; the sharing
of knowledge by one with another; conference; consultation or bargaining
preparatory to making an Agreement, this includes, but is not limited to:
notices, Contracts, Agreements, billing, Change Orders and disclosures.
"Consent" your willingness and ability to receive Communications
electronically.
"Change Order" is a written order directing the Seller
or Manufacturer to make changes in the Contract for work not included in
the original Contract's scope of work.
Authority: Each person executing or attesting this Contract
warrants and represents that they are fully authorized to do so. Each person
also stipulates that they have been afforded an adequate opportunity to
review this Contract and that all signatures are given knowingly, voluntarily,
and with full awareness of the terms contained herein.
Manufacturer Terms & Agreements: The Buyer agrees to the
Manufacturer’s Terms and Agreements, which can differ from these, and understands
that any civil action may before taken by the Seller or Manufacturer jointly
or individually.
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.