Terms and Conditions For Orders
is effective as of the date and time of final acceptance (the “Effective Date”) on the signature page of this Contract. The “Standard Terms” attached hereto are an integral part of this contract.
ABSOLUTE BUILDINGS CAN NOT BE HELD RESPONSIBLE FOR REFUNDS OF THE CUSTOMER'S DEPOSIT OR REFUNDS OF PAYMENTS ON DELIVERY.ABSOLUTE BUILDINGS IS NOT LIABLE FOR ANY DAMAGES AS A RESULT FROM INCLEMENT WEATHER. IF YOU ARE TAX EXEMPT, A TAX-EXEMPT CERTIFICATE MUST BE ATTACHED TO YOUR ORIGINAL ORDER(S). OTHERWISE, APPLICABLE TAX WILL BE ADDED. NO EXCEPTIONS.
By visiting this site/processing a transaction/ or by indirectly utilizing our IP address connected to this site, AbsoluteBuildings.Com, you are stating that “I have read the terms and conditions of this contract. In addition, you are also stating that “I gree to all conditions set forth herein and should I fail to make payment in full at time of delivery I understand and agree to allow Absolute Buildings or its direct affiliates to pick up the building ordered and I will be held liable for all applicable charges and fees associated with the initial setup and delivery as well as any legal fees incurred by Absolute Buildings and its direct affiliates."Our ground anchors are temporary only. For permanent anchors ask your Sales representative.
ABSOLUTE BUILDINGS RESERVES THE RIGHT TO CANCEL ANY ORDER FOR ANY REASON.
NOTE: Frame is 1 ft. shorter than roof length on regular/standard roof styles. A-Frame Vertical & A-frame Boxed Eave buildings have no overhang and are 1 ft. shorter than Regular/Standard Roof styles.
NOTE: If you need a special drawing for your building there will be a Non-Refundable additional charge.
NOTE: There is no refund on deposits and/or processing fees for cancelled orders unless otherwise stated on Absolute Buildings Refund Policy found on Absolutebuldings.com; all deposits and processing fees are forfeited.
If accepted Absolute Buildings (Dealer) at its office in Virginia Beach VA this order becomes a contract between Dealer and the Buyer named on the order. The buyer is subject to the terms above and SUBJECT TO THE TERMS AND CONDITIONS below. Dealer and Buyer agree that the Dealer will sell to Buyer the metal building (Unit) described in Purchase Agreement and the Manufacturer will install at the address provided by the customer on the Purchase Agreement. The Buyer will obtain all applicable building permits, if required. Customer will prepare and level the land and will remove all obstructions prior to installation. Buyer agrees to pay the total balance due reflected on the Purchase Agreement upon delivery and installation. If the Purchase Agreement is accepted by Absolute Buildings (Dealer) at its office in Virginia Beach VA, this Purchase Agreement becomes a contract between Dealer and the Buyer named on the order.
The Dealer Absolute Buildings is NOT an agent of the manufacturer for any purpose except receipt of the deposit. No representation or agreement offered by Absolute Buildings between Buyer and Dealer carries over to the manufacturer providing the building except in the instances where the manufacturers terms and agreements coincide with Absolute Buildings Terms. These terms listed are strictly between Absolute Buildings (Dealer) and The Buyer.
1. Rejection of Order and Cancellation of Contract.
Dealer and Manufacturer reserves the right, at any time before installation of the Unit, to reject this Order or cancel this contract by notice in writing to Buyer via electronic form or physical mail. The buyer does not have a choice in the shipping method used. We are also not to be held responsible for issues related to non-delivery outside of our control. Upon giving such notice, Dealer (Absolute Buildings) will refund any deposit, excluding processing fees, received from Buyer based on the Deposit Refund Policy found on AbsoluteBuildings.com. Buyer agrees that such refunds shall be Buyer's exclusive remedy for such cancellation.
2. Legal Authority for Installation.
Before installation of the Unit, Buyer shall locate and mark any underground utilities and obtain every permit or other authorization required for lawful erection of the Unit at that certain site (the "Site'') designated by Buyer upon the property specified on the face hereof. If Buyer fails 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 Dealer harmless for all damages or costs, including attorney fees, which Dealer may incur as a result thereof. Dealer will install the Unit on the Site; BUT, if Dealer delivers the unassembled Unit and installation is not completed due to Buyer's breach by failure to obtain any required permit or by any other failure adequately to prepare the site, Dealer may, in its sole discretion, terminate this contract and retain Buyer's deposit as liquidated damage for Buyer’s breach. Dimensions are approximate.
3. Site Preparation.
Before delivery, Buyer shall designate a site on the property identified as the Location and prepare such site for installation of the Unit. Preparation shall include making the site level, moving all electrical wires less than 50 feet above the intended height of the Unit, removing all underground utilities below the site, and any other improvement reasonably necessary. If Manufacturer determines that the site is not prepared or suitable for installation, the Manufacturer may, at its option, terminate this contract or make such further improvements as may be reasonably necessary. If Manufacturer makes further improvements to the site, Buyer agrees to pay the reasonable cost thereof upon completion.
4. Scheduling Delivery and Installation.
Manufacturer will make a good faith effort to deliver and install the Unit within 120 days after Dealer's acceptance of this Contract and will notify Buyer at least 24 hours before delivery. Dealer is not responsible for delays in delivery or installation due to inclement weather conditions. Rural areas may experience a longer than average delivery and install time due to the remoteness of location. Manufacturer will make every effort to deliver and install in a timely manner. Buyer may delay the delivery and installation only with an agreement by the manufacturer of the building. Absolute Buildings will process the order within 7 days of receiving the deposit. If a delay is required, the buyer understand they must contact the manufacturer directly to delay delivery based on their terms and conditions. In no event will Dealer be liable for any damage or consequential damages resulting from any delay in delivery or installation of the Unit.
5. Winter Weather:
Orders placed between October First and March thirty-first of any year strictly adhere to these terms: If a building is ordered after the month of September in any year, Absolute Buildings and its direct affiliates do not provide an estimated time of delivery. The 120 Day delivery window only applies from the first day of April of any year through the last day of September of any year. If a building is ordered during the months of October through the end of March of the year of the order, the buyer understands and agrees that delivery times cannot be guaranteed during the time frames mentioned due to inclement weather conditions. Refunds will not be issued for buildings that cannot be delivered due to poor weather conditions, frozen ground, or unforeseen circumstances outside of Manufacturer’s control. In the event a scheduled delivery is cancelled or re-scheduled due to inclement weather conditions or frozen ground conditions, a new date will be supplied to you for a future installation based on available times and weather conditions permitting. Deposit Refund requests from October Through April are at the sole discretion of Absolute Buildings and should be considered NON-REFUNDABLE.
All units are secured with anchors which pass through the base rail of the frame and into the ground, concrete, asphalt, etc. As the base rail is only affixed to the ground etc. with anchors, Buyer understands and agrees that he/she may experience water leakage underneath base rail.
7. Certified/Uncertified Units
All units sold are non-certified unless otherwise noted on purchase agreement. If buyer is uncertain of the difference between certified and non-certified units please contact Absolute Buildings and they will explain the differences and benefits. All Snow loads stated are a ground snow load.
8. Change Orders.
No change in the Unit or its specifications is binding on Dealer unless requested by Buyer's written change order and approved in writing by Dealer. Any change requested by Buyer constitutes the Buyer's consent to resulting changes in the Price.
9. Limited -Warranty.
As to all Units, Manufacturer warrants that its installation of the Unit will be free of defects in workmanship, but Buyer must notify Manufacturer of any such defect within thirty (30) days after installation. As to 12-gauge Units and 12-gauge Certified Units only, which may contain some 14 -Gauge non-loadbearing elements, Manufacturer warrants the framing elements and roofing material only against rust-through for twenty (20) years from installation, assuming normal user care and maintenance. As to 12-gauge Certified Units only, Manufacturer warrants that, for twenty (20) years from installation, assuming normal user care and maintenance, the Unit will withstand the wind and snow loads specified on the engineer-certified drawing of the Unit furnished at the time of installation. Any alteration or Abuse of the unit shall void all such limited warranties.
MANUFACTURER'S LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT, AT MANUFACTURER'S OPTION, OF THE UNIT. DEALER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, OTHER THAN THOSE EXPRESSLY STATED HEREIN. DEALER 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.
10. Payment Terms & Miscellaneous.
Buyer agrees to pay a 10% initial deposit of the total as a security for processing and production of the building on the face hereof and the remaining balance plus taxes and any incidental charges as outlined in Section 3, 8 and 15 will be paid in full at the time of installation.If any payment tendered by Buyer is dishonored for any reason, Buyer agrees that the balance due shall thereafter bear interest at one and one-half percent (1.5%) per month. If Manufacturer refers collection hereunder to an attorney, Buyer agrees to pay Manufacturer’s reasonable attorney fees and expenses. This Agreement is governed by the laws of Virginia. No civil action or other legal proceeding arising under this Agreement or related the Unit shall be brought against Dealer other than in a court of general jurisdiction in the State of VA or more than one (1) year after Buyer knew or should have known of the basis of the legal claim. The term "Buyer'' includes persons named as such 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 Dealer or Manufacturer, constitutes the complete agreement of the parties, and all prior descriptions, representations, negotiations or agreements are merged herein and superseded hereby. Upon acceptance hereof, this order and such acceptance shall have been deemed to be a contract embodying all oral and written understandings and agreements between the Buyer and the Dealer relative to this sale. This Purchase Order upon acceptance by the Dealer, shall be binding and may not be rescinded by the Buyer for any reason. The deposit received herein by Dealer shall be held by Dealer as security for the completion of the contract. Upon receipt of the balance of the purchase price, the said deposit shall be applied to the purchase price herein. Should the Buyer breach or unilaterally rescind or cancel this contract, the deposit herein shall be forfeited to the Dealer and applied toward the claim for damages. The Dealer shall not be bound by any condition, definition: representation or warranty other than as expressly set forth herein or incorporated herein by express applicable state legislation. The contract shall be incorporated in accordance with the laws of the Commonwealth of Virginia and presumed to have been consummated in Virginia, in as much as it has been herein above agreed that the delivery hereunder is at the Dealers place of business in Virginia. It is further agreed that in the event of litigation instituted by any party, the venue shall be in the City of Virginia Beach, Virginia, in as much as the contract was consummated in Virginia Beach, Virginia regardless of the contract of either party in said county. Buyer hereby waives any objection it may have to the laying of venue in such court.
It shall be the sole responsibility of the Buyer to investigate and ascertain the applicable zoning and building codes in the area or territory in which the building is to be erected in order to satisfy himself that the building conforms to all applicable zoning laws, rules, regulations, ordinances and building codes in said area. In the event that the Buyer fails to comply with such zoning laws, rules, regulations, ordinances and building codes in the said area in erecting the building, the Dealer shall not be liable for any damages or losses of any nature or kind, whether direct or indirect, sustained by such failure. At time of installation, should the site be determined obstructed or inaccessible due to permanent or temporary structures, Buyer will pay any and all consequential damages. Including but not limited to return trip fees prior to reinstallation. Buyer agrees to pay minimum of $250.00 return trip for unsuitable site conditions.
12. Electronic Signature Agreement.
By agreeing and submitting payment through Absolute Buildings or its direct affiliated companies, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By electronically paying and placing your name on an order you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Absolute Buildings, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Absolute Buildings or its direct affiliates. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in signing this form by Absolute Buildings constitutes your agreement to be bound by the terms and conditions of this agreement as they exist on the date of your E-Signature.
13. Charge Card Authorization.
By Digitally Signing, providing a written signature, or any other form of acceptance to this agreement presented including verbally gives authorization to The AbsoluteBuildings.com, and its direct subsidiaries to initiate an immediate Single-Entry credit card charge in the amount disclosed on your order. You (The Buyer) understand that this deposit is for order entry and to begin the processing of your building with a manufacturer of AbsoluteBuildings.com's choosing and that the initial deposit fee and processing fee charged is NON-REFUNDABLE unless otherwise stated.
14. Payments by Check Or Other Payment Types.
If the buyer decides to pay by check, this is an agreement for direct payments by check or payment types not covered under the "Charge Card Authorization" Section. As the Buyer, you understand that this deposit by check is for order entry and to begin processing of your building with a manufacturer of our choosing and is NON-REFUNDABLE. I understand and authorize this charge to occur immediately in the amount disclosed.
15. Additional Terms and Conditions.
Please inform installers of any underground cables, gas lines, or any other utility lines. If utilities are not marked, Dealer and/or Manufacturer will not be liable for damage. Dealer and/or Manufacturer will not be responsible for permits or restrictions. LOT MUST BE LEVEL. If land is not level or additions are to be made to carport, a labor charge and any additional material costs will be added to the balance.
ABSOLUTE BUILDINGS LLC
780 Lynnhaven Parkway
Suite 400 Virginia Beach, VA 23452