1.Corrections:California Metal Buildings (CMB) shall have the right to correct any errors made by dealers concerning pricing, installation requirements or taxes.
2. Products and Warranties: CMB’s available products and applicable warranties adhere without limitation to the following:
A.Standard()non-certified) units:This unit is built according to CMB's specifications and industry standards. Non-certified units are not eligible for snow load or wind ratings. All non certified come with 30 day limited warranty, which protects against defects in the manufacturer or installation.
I. The Standard Fourteen gauge (14g) unit is our most popular style, constructed with 2 ½” square or 2” x 3” pre-galvanized tubing. Fourteen gauge (14g) does not carry a rust-through warranty, however a 30 day manufacturer’s limited warranty does apply.
II. The Standard Twelve gauge (12 g) unit is constructed of thicker, more rigid 2 ¼” pre-galvanized square tubing which gives peace of mind through higher tensile
strength. Twelve gauge (12 g) units come with an additional 20 year warranty against rust-through of the framing.
B.Certified Units: Available in fourteen gauge(14g) and twelve gauge(12g), certified structures are backed by an engineer-approved blueprint.These structures are wind and snow load rated for compliance with local code and state regulations in your area. Certified units are covered by a 5 year limited warranty in accordance with your engineered blueprints beginning on your delivery date. Certified units require concrete footings which CMB does not provide or mobile home anchors at an additional cost.
C.Anchors: All units are secured with anchors which pass through the base rail of the frame and into the ground(or concrete, asphalt,etc.). As the base rail is only affixed to the ground with anchors, the buyer understands and agrees that he/she may experience water leakage underneath the base rail.
I.Non-certified Units: Non- certified units are anchored at every other post. Units anchored with reba or concrete anchors. Additional anchors may be purchased at an additional cost. rebar anchors are 32" long, but may be shortened when installing on difficult terrain. Mobile home or post anchors are also available for uncertified units at an additional cost. There will be an additional charge for installation of mobile home or post anchors on asphalt.
II. Certified Units:Certified units are anchored at every post, and require mobile home anchors for ground installations, and concrete anchors for cement installations. There will be an additional charge for installation of mobile home anchors or post anchors on ground or asphalt
3.Notification:Buyer is responsible for informing CMB installers of any underground cables, gas lines, utility hazards, or other relevant matters prior to commencement of
installation. CMB will not be held liable for damages done to submerged lines, pipes, cables, or other utility instrumentalities during installation.
4. Permitting: Buyer shall be solely responsible for and shall obtain, any necessary City or County permits prior to commencement of installation. CMB will not be held liable for any City or County ordinance violations resulting from installation.
5. Payment Terms:
A. Down Payment: Buyer shall pay the dealer with a down payment equal to no more than ten percent (10%) of the purchase price at the time of sale. Buyer shall not pay dealer an amount exceeding the down payment. In the event the buyer pays the dealer an amount exceeding the down payment, the buyer does so at his/her own risk,
understanding that he/she is contractually obligated to remit payment of the remaining ninety percent (90%) of the purchase price as set forth below:
B. Balance: Buyer shall pay the remaining balance to the installation crew on the date of installation. Payment may be made by cash , credit, or checks made payable to
California Metal Buildings
C. Excessive Down Payment: If the buyer pays more than the required down payment amount at the time of the sale, CMB must receive these funds from the dealer prior to installation.
D. Refunds: In the event buyer cancels the order, buyer shall receive no refund of their down payment. In addition, there shall be absolutely no refunds on special accessories orders, i.e. doors, windows, vents, etc.
E. Restock Fee: There will be a 30% restocking fee on all special order Custom items. If there is a cancellation after the final scheduling has taken place. (All returns must be in original like-new condition, undamaged.)
6. Lot Leveling and Clearance: Lot must be leveled prior to installation or installation may be postponed and return trip fees and additional labor charges will apply. If the customer requests that the installation be made on a site which has not been leveled, or if there is not two feet (2’ ) of clearance completely around the installation area, the
unit will be installed “as-is” and any and all warranties will be void and CMB will not be responsible for immediate or subsequent damage to persons or property. The installation area must be at least 10’ away from electrical wires and poles. All hazards and underground utilities must be tagged prior to installation.
7. Buyer Alterations: If buyer alters the unit in any manner, including without limitation any interior or exterior modification, all warranties shall be immediately void. If buyers choose to run electricity or plumbing to the unit, work must be performed by a licensed contractor or all warranties will be void.
8. Dig Fee: Buyer will pay and additional "labor charge" of no less that two hundred($200), payable to CMB, if installers are required to dig,cut frame to level, carry materials further than a reasonable distance, or install on any wall or dock.
9. Service Charge for Addition: Buyer will pay a minimum service charge of two hundred ($200.00), payable to CMB, if installers must return to install an addition to an existing unit.
10. Damages:CMB will not be liable to buyer for punitive, indirect,incidental,special, or consequential damages resulting from any defect or deficiencies in accepted terms. For more specific terms, please contact CMB representatives.
11. Scheduling Changes and Delays: CMB is not responsible for changes in scheduling or delivery or for delays caused by circumstances outside of CMB’s control, including but
not limited to inclement weather, accidents, or unexpected extended installation times for previous clients. Our installation crews reserve the right to decline to install in conditions they consider unsafe.
12.ARBITRATION: By initialing in the space below you are agreeing to have any dispute arising out of the matters included in the arbitration of disputes provision decided by neutral arbitration as provided by california law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. by initialing in the space below you are giving up your judicial rights to discovery and appeal, unless those rights are specifically included in the arbitration of disputes provision. if you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the business and professions code or other applicable laws. your agreement to this arbitration provision is voluntary.
Exclusive Agreement: The parties agree that this agreement is the complete and exclusive statement of the agreement between parties, and supersedes all prior written or oral communications, representations, and agreements relating to the subject matter of this agreement. The terms of this agreement, save and except for the price term in the event of a pricing error/change order, may be modified or amended only by a written instrument executed by the parties hereto.