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YOU EXPLICITLY AGREE THAT YOUR USE OF THE AA METAL BUILDINGS WEBSITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON AAMETALBUILDINGS.COM, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE AA METAL BUILDINGS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE AA METAL BUILDINGS WEBSITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE AA METAL BUILDINGS WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE AA METAL BUILDINGS WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE AA METAL BUILDINGS WEBSITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE AA METAL BUILDINGS WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE AA METAL BUILDINGS WEBSITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE AA METAL BUILDINGS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AA Metal Buildings reserves the right to cancel any orders placed for products and/or services where the sale or use of such product and/or service in your State is restricted or prohibited. In case of any pricing error on AAMetalBuildings.com, AA Metal Buildings holds the right to cancel such orders.
With the aim of properly serving all customers, AA Metal Buildings reserves the right to limit quantities on some goods or structures. In this case, only one (1) of this limited quantity items will be placed in your shopping cart. Further, AA Metal Buildings reserves the right to cancel multiple orders of the limited quantity products purchased by the same User and/or shipped to the same delivery address.
AA Metal Buildings may show visual representations of products sold through AAMetalBuildings.com. AA Metal Buildings tries to display the colors of the products shown on AAMetalBuildings.com as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as it is dependent upon the monitor used by you.
Limitation on Liability
IN NO EVENT SHALL AA METAL BUILDINGS OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF AAMETALBUILDINGS.COM, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON AAMETALBUILDINGS.COM, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, ELEPANTS’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE AA METAL BUILDINGS WEBSITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE AA METAL BUILDINGS WEBSITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Third Party Advertisements and Links to Third Party Sites
AA Metal Buildings is allowed to display advertisements from third parties on the website, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not indicate endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE AA METAL BUILDINGS WEBSITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Improperly Filed Claims – All claims you bring against AAMetalBuildings.com must be resolved in accordance with this Disputes Section. All claims filed or brought contrary to the Disputes Section shall be considered inappropriately filed. Should you file a claim contrary to the Disputes Section, we may recover attorneys’ fees as well as other costs up to $10,000, provided that we have informed you in writing of the unsuitably filed claim, and you have failed to promptly withdraw the claim.
Statute of Limitations – Regardless of any statute or law to the contrary, any claim you bring against AAMetalBuildings.com must be filed within one  year after such claim arose or be forever barred.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service.
Additional Order Agreement Terms & Conditions
AA Metal Buildings reserves the right to assign Buyer’s order to another company for installation and servicing of your order. This is essential to provide nationwide service including delivery and installation in a timely manner. All orders will be delivered as they were ordered. Any reference to “AA Metal Buildings” may be assigned in part or in whole to a party designated by AA Metal Buildings; this entire agreement may be assigned to a party designated by AA Metal Buildings, or only certain sections or lines may be assigned on a case-by-case basis. Buyer agrees that no further notice is vital for AA Metal Buildings to assign any part or all of this agreement to another party and agrees to be bound by the terms agreed to herein.
Rejection of Order and Cancellation of Contract
AA Metal Buildings reserves the right, at any time before installation of the Unit, to reject this order or cancel this contract by providing notice in writing to Buyer. After giving such notice, AA Metal Buildings will refund any deposit received from Buyer. Buyer agrees that such refund shall be Buyer’s exclusive remedy for such cancellation.
Legal Authority for Installation
Buyer must obtain every permit or other authorization required for lawful erection of the Unit on the site designated by Buyer, before installation of the Unit,. If Buyer is unable to obtain any such required permit or authorization: (i) such failure voids any and all warranties otherwise applicable to the Unit, and (ii) Buyer shall indemnify and hold AA Metal Buildings harmless for all damages or costs, including attorney fees, which AA Metal Buildings may incur as a result thereof. AA Metal Buildings will install the Unit on the site designated by Buyer upon the property specified; BUT, if AA Metal Buildings delivers the unassembled Unit and installation is not completed due to Buyer’s breach by failure to obtain any required permit or by failure adequately to prepare the site, including location of underground utilities, AA Metal Buildings may, in its sole discretion, terminate this contract and retain Buyer’s deposit as liquidated damage for Buyer’s breach, or seek to recover additional costs that AA Metal Buildings may have incurred. All pricing for “Certified” structures assumes standard wind, snow, and engineering requirements for your state; additional fees may apply, if your specific locality requires extraordinary specifications or documentation.
Before delivery of the product, Buyer shall designate a site on the property identified as the Location and prepare such site for installation of the Unit. Site preparation shall include making the site level, removing all electrical wire less than 15 feet above the intended height of the Unit, removing all underground utilities below the site, and any other improvement reasonably necessary. In case the site is not prepared or suitable for installation, AA Metal Buildings may, at its option, terminate this contract and retain Buyer’s deposit as liquidated damage for Buyer’s breach, or make such further improvements as may be reasonably necessary. If AA Metal Buildings makes further improvements to the site, Buyer agrees to pay the reasonable cost thereof upon completion. If the site is not prepared and level, or if installation cannot be completed due to unreachability, there will be a return trip fee charged of a minimum of $75 or 10% of the cost of the building, whichever is larger.
Scheduling Delivery and Installation
AA Metal Buildings will make an effort to deliver and install the Unit within 90 days after AA Metal Buildings’ acceptance of this Contract and will attempt to inform Buyer at least 24 hours before delivery. Buyer may, by written notice received by Seller not more than 7 days after Seller’s acceptance hereon, delay the delivery and installation for up to 120 days. In no event will AA Metal Buildings be accountable for any damage or consequential damages resulting from any delay in delivery or installation of the Unit. As with any scheduled service, certain delays may be outside of AA Metal buildings’ control, including but not limited to weather, road congestion, mechanical failure, or crew personal issues. In such cases, all appointments should be confirmed with the scheduling department on the day of installation.
No change in the Unit or its specifications is binding on AA Metal Buildings unless requested by Buyer’s written change order and approved in writing by AA Metal Buildings. Any change requested by Buyer constitutes the Buyer’s consent to resulting changes in the Price.
As to all Units, AA Metal Buildings warrants that its installation of the Unit will be free of flaws in workmanship. There may be state-specific warranties available that are included herein by reference. With no exception from the foregoing warranties, some load bearing elements made of 14-gauge steel may be included in a 12-guage Unit. Any alteration or abuse of the Unit shall cancel all such limited warranties. AA METAL BUILDINGS’ LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT, AT AA METAL BUILDINGS’ OPTION, OF THE UNIT. AA METAL BUILDINGS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY STATED HEREIN. AA METAL BUILDINGS MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY OTHER PROPERTY.
At the time of installation, Buyer agrees to pay the Retail Price and applicable sales taxes, including any increase for any Change Order, in full. Any order balance after initial deposit paid with credit card is subject to a minimum 2.5% processing fee. If any payment tendered by Buyer is dishonored for any reason, remaining balance due is instantly and if not paid in full, Buyer agrees that, at Manufacturer’s option, Manufacturer may enter Buyer’s property, take down and remove the Unit, and recollect Buyer’s deposit as liquidated damages. If Manufacturer refers collection hereunder to an attorney or collection agency, Buyer agrees to pay Manufacturer’s reasonable attorney fees and expenses.
If your check is returned NSF it will be re-presented electronically and you will be assessed a processing fee as allowed by law, which is no less than $20. The check writer is also responsible for all other collection costs including attorney’s fees, court costs and taxes as well as any other amounts allowed by law.
From time to time, AA Metal Buildings may offer promotions or specials that are only available for orders placed within a specific time frame or that meet other qualifications. All offers are void where prohibited and may be cancelled at any time.
Not all prices are available in all areas based on design and governmental restrictions, and prices may differ depending on how you purchase.
In addition to the purchase price on all orders, sales tax will be collected, unless an exemption is provided by Buyer in writing in a form that is acceptable to the local sales tax authority. Sales tax will be charged on the full retail price of the unit or structure ordered before any discounts, give-aways or same-as-cash promotions.
This Agreement is governed by the laws of Texas and any action against Seller hereunder shall be brought only in a court of general jurisdiction sitting in Surry County, Texas. The term Buyer, as used herein, includes said persons named on the face hereof, their heirs, successors and assigns, and shall include singular, masculine, feminine or neuter as required by the context. This Agreement, including only the face and reverse hereof and an engineer-certified drawing of the Unit, if such drawing is furnished by Seller, constitutes the complete agreement of the parties, and all prior descriptions, representations, negotiations or agreements are merged herein and superseded hereby.
Your specific order or transaction may be subject to additional terms and conditions from those contained herein that will be presented to you in addition to these terms. These additional terms will be additive to the terms presented herein, and not in place of.
Improperly Filed Claims
All claims you bring against us must be fixed in accordance with this Disputes Section. All claims filed or brought contrary to the Disputes Section shall be considered inappropriately filed. Should you file a claim contrary to the Disputes Section, we may recover attorneys’ fees as well as other costs up to $10,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the court or arbitrator will endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Entire Agreement Assignment
These Terms and Conditions signify the entire agreement between you and AA Metal Buildings with regard to their subject matter and replace all prior agreements and representations. In the event of any conflict between these Terms and Conditions and any instructions or guidelines included on AAMetalBuildings.com, these Terms and Conditions shall control. You may not assign your user account or your rights and obligations under this agreement without our express written consent.
AA Metal Buildings’ DEPOSIT POLICY
AA Metal Buildings typically is not able to and does not offer refunds on a deposit paid on a structure. The deposit you pay is for AA Metal Buildings to begin work on processing and the fulfilment of your order, and locks in your pricing for up to 6 months. We offer a “no questions asked” refund policy for 3 days after you place your order with us, but after 3 days, no refunds can be given. Any order cancelled after a payment has been processed is subject to an additional $25 administrative charge that will be taken from any refund given pursuant to this Deposit Policy.
For the avoidance of doubt
There are no refunds available of the non-refundable deposit, 72 hours after placing your order.
If you wish to have engineered drawings or engineering specifications, no refunds are available after the request has been made.
Before you place the order, it is your responsibility to know if you need a permit or not. As well, please ensure that your land is ready for installation and clear of any debris that would obstruct the crew from installing the structure on level land. If you have any questions, please email or call in order to have them answered before placing your order. If you do cancel your order for any reason, the deposit/down-payment for your order cannot be refunded. By ordering you are agreeing to this policy.
AA Metal Buildings is not responsible for any manufacturers, delivery agents, or delivery agents’ guarantees, warranties, installation issues, delivery times, and any other unforeseen problem(s) that could arise throughout the process of delivery, shipping and/or installation. Any and all these issues would need to be addressed through those vendors directly.
Any actions taken by users to take back a deposit made by them after the initial 3-day period are “Improperly Filed Claims” from our Terms and are subject to the costs and penalties described therein. Disputes or chargebacks through a credit card company or other payment provider are “Improperly Filed Claims” as well and will be fraudulent claims if filed within 120 days of the original charge.
In case you decide to cancel an order outside of the 3 day window but before a date is set for installation, we are able to retain a “deposit credit” in the amount you have already paid that can be applied to a different deposit portion of a payment on a structure you have built with us any time in the next three (3) years. Please note that prices can and will change after the initial six (6) month period and are not guaranteed for the three (3) years which we will maintain a deposit credit for you.
AA METAL BUILDINGS ORDER MODIFICATION POLICY
Any order changes or modifications are subject to a minimum $50 change-order fee, up to a maximum of an additional 10% of the cost of the building, for each modification to an existing order in addition to any increase in cost of the structure or materials from the order modification.
In case you need to make a change to an existing order within the initial 3-day period, there is one order modification that will not have a change-order fee assessed.