Eagle Ridge Buildings LLC
TERMS AND CONDITIONS OF SALE
These Terms shall govern all orders and contracts for the sale of goods from ERB to the person or entity (the “Customer”) purchasing ERB’s goods through the use of this website. These Terms supersede any prior written or oral agreement, understanding, representation or promise, and any pre-printed or standard terms and conditions related to ERB’s products, and these Terms are the sole and exclusive terms governing the purchase of the product. To the extent any terms contained herein are different from or inconsistent with any other statement, writing, or communication, the terms in these Terms shall control unless the conflicting is acknowledge in a writing signed by an authorized representative of ERB.
1. PRICES & TAXES; RETURNS: Customer shall pay, in addition to the price for the product(s) on the ERB website, (i) all taxes required to be paid by Customer on account of the purchase of the product(s), whether through ERB’s collection of applicable sales tax through the website payment system, or, if ERB does not collect sales tax, then through Customer paying applicable sales or use tax, and (ii) all required shipping and handling expenses for the product(s) to be shipped to the addressed provided by Customer as part of the ordering process. While ERB has contracted with a national third-party parcel carrier to estimate all shipping and handling expenses, if the estimate is insufficient to fully cover the actual cost of shipping, then ERB will notify Customer, and Customer will pay the amount necessary for the actual shipping cost to be satisfied, less any prior shipping and handling charges collected by ERB from Customer. Customer may return the product(s) for any reason within 90 days of Customer’s receipt of the product so long as Customer returns the product to ERB in good condition, reasonable wear and tear excepted, and Customer pays all shipping costs for the product to be returned to ERB.
2. DELIVERY & RISK OF LOSS: Upon Customer ordering any product(s) or Service (s) from ERB, ERB will act in a reasonable manner to ensure delivery to Customer within a reasonable period of time. While ERB may provide good faith estimates to Customer of when a product may be received by Customer, Customer recognizes a number of factors outside of ERB’s control may impact the exact date the product(s) may be received, which could be after the estimate provided by ERB. Such factors may include, but are not limited to, the product(s) being lost or misplaced during shipping, delays in receiving materials and/or inventory, destruction of inventory and/or materials from fire, theft, flooding or other acts of God, other force major events. ERB shall have no liability nor carry the risk of loss for any product(s) once they are placed in the care of the third-party carrier transporting the product(s) to Customer. If a product is damaged when received by Customer, ERB will work with the Customer to attempt to make Customer whole and that a replacement product is delivered to Customer, without any cost or expense to Customer and ERB.
3. LIMITED WARRANTY: Unless otherwise set forth in a writing signed by an authorized representative of ERB, ERB warrants that the product manufactured by it shall be free from defects in material and workmanship arising from “normal usage” for a period of ninety (90) days from delivery of said product. For purposes of the preceding warranty and these Terms, “normal usage” shall mean the intended usage of the product as described my ERB and conveyed to Customer, whether on the ERB website or in written instructions provided with the product, and any usage of the product not identified in those mediums as intended are specifically excluded from intended usage. If the product does not conform to the warranty stated above, then Customer will inform ERB in writing (with pictures being provided showing the defect), and as Customer’s sole remedy, ERB shall, at ERB’ option, either repair or replace the defective goods or provide a refund to Customer. Any writing by Customer informing ERB of a product which does not conform to the warranty herein shall be provided no later than ninety-one (91) days from delivery of said product. Unless otherwise agreed to in writing, ERB shall not be liable for breach of warranty or otherwise in any manner whatsoever for any product which, following delivery by ERB, has been subjected to accident, abuse, misapplication, improper repair, alteration, or improper usage, or any of Customer’s use of the product in any manner inconsistent with ERB’ written materials regarding the use of the product. THE WARRANTY CONTAINED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTY AVAILABLE TO CUSTOMER AND ERB HEREBY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer understands that the warranty granted herein is exclusive to Customer and may not be transferred or assigned by Customer.
4. USE OF PRODUCT: Customer shall only use the product in accordance with the normal usage of the product. Customer will not perform or allow others to perform any dangerous actions or activities to or containing the product which are not specifically set forth in the normal usage, which may include, but are not limited to, jumping on, off, or over the product, climbing on the product, placing items or materials inside the product which are not intended for normal usage, or any other activity involving the product not intended or advertised by ERB.
5. LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN: (A) IN NO EVENT SHALL ERB BE LIABLE FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION, THIRD PARTY CHARGES AND COSTS, REGARDLESS OF THE CAUSE, INCLUDING WITHOUT LIMITATION, THE NEGLIGENT ACTS OR OMISSIONS, BREACH OF CONTRACT, WARRANTY (EXPRESS OR IMPLIED) OR DUTY (STATUTORY OR OTHERWISE) OR STRICT LIABILITY OF ERB OR ANY OTHER THEORY OF LEGAL LIABILITY; AND (B) ERB’ AGGREGATE LIABILITY ARISING FROM OR IN CONNECTION WITH ALL ORDERS AND CONTRACTS FOR GOODS UNDER THESE TERMS SHALL NOT EXCEED THE CONTRACT PRICE FOR THE GOODS FOR WHICH LIABILITY IS CLAIMED.
6. APPLICABLE LAW; VENUE; ARBITRATION: The rights and duties of the parties hereunder shall be governed by the laws of Georgia and exclusive venue for any court action shall lie in Gilmer County, Georgia. Any action or proceeding with respect to this agreement shall be resolved by binding arbitration through the American Arbitration Association (“AAA”) conducted by arbitrator(s) selected by the mutual agreement of Customer and ERB. This agreement is made pursuant to a transaction in interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C.A § 1, without regard to conflict with local applicable laws. The arbitration will be conducted in York County, South Carolina at an office to be determined by the Arbitrator. The prevailing party (as determined by the Arbitrator) shall be entitled to recover the cost and expense of the arbitration, including reimbursement of all reasonable attorneys’ fees, expERB witness fees, costs of appeal and costs to enforce the arbitration provision contained herein. Nothing herein shall limit any rights under construction lien laws.
7. INDEMNITY: Customer agrees to indemnify and hold ERB harmless from and against any and all losses, liabilities, claims, fees (including reasonable attorney fees), expenses, and other costs incurred by ERB as a result of Customer failing to use the product in accordance with Section 4 of these Terms, or failing to pay all amounts required under Section 1 of these Terms.
8. NO OTHER CONTRACT PROVISIONS; OTHER: There are no representations, agreements, obligations, or conditions, expressed or implied, statutory or otherwise, relating to the subject matter hereof, other than contained herein. These Terms constitute a completely integrated agreement and cannot be modified unless modifications are accompanied by signed writing approved by ERB. If any provision hereof is invalid or not enforceable under applicable law, the remaining provisions shall remain in full force and effect. ERB reserves the right to transfer or assign its obligations, rights and responsibilities hereunder, so long as such successor or assign agrees to these Terms. ERB’ failure to require Customer’s performance of any of these Terms shall not serve as a waiver of or diminish ERB’ rights to require strict performance of these Terms.
All users, as a condition of accessing and using the site, acknowledge and agree that they are using the ERB website and products solely for lawful purposes, and that no unlawful dealings or transactions are being facilitated through the use of the site and/or products.
Features and Use
Confidentiality and Non-Disclosure
ERB hereby agrees that it will not disclose to any third party any of the payment information received by ERB during the sale process, such as credit card or debit card numbers, expiration date, security code, or other similar information. In addition, ERB will not disclose any physical addresses and telephone numbers without your consent, which may be obtained by ERB receiving an electronic confirmation of acceptance.
Data Collected by ERB
Various data is collected each time a person visits the ERB website, including the name of the visitor’s internet service provider, the website used by the visitor to link to the site, the websites the visitor accesses from our site, the visitor’s IP-Address, and other similar data that is not inputted by the user. This data is owned and used by ERB for statistical, business operation, marketing, and other purposes. ERB will not use such data in a manner that identifies you to any third party. Additionally, this data and your identity will not be transmitted to third parties to solicit to you various goods or services unless you request or have requested otherwise, or unless such transmission is helpful in providing you goods or services you have already requested.
Data Provided by Users
All information and materials contained on this website including written or video content, data, profiles, graphics, links, ratings or descriptions, or any other items are being provided “AS IS” and ERB is making no warranty as to the accuracy, adequacy or completeness of any information or material, except for official content prepared by ERB. ERB hereby expressly disclaims any liability, and the user agrees that ERB shall not be liable, for any loss, liability, damage, cost, or expense related to or connected to the user’s use of or reliance on the “AS IS” contents of this website. The user recognizes that ERB is not making any warranties of any kind in connection with the website including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and freedom from computer viruses.
ERB shall not be liable for any damages of any kind for any loss or expense suffered by any user in connection with the use of this website including, but not limited to, direct, indirect, special, incidental, or consequential damages.
Sharing of Data
ERB hereby agrees that any data submitted to ERB by a user of the website which is personally identifiable information with respect to such user will be held by ERB and not distributed to any person or third party in a format that could reasonably identify the user without the user’s prior consent. ERB may, however, aggregate, analyze, combine, segregate, de-identify, or otherwise manipulate all such data and use any such data for any purpose ERB deems to be appropriate, so long as the disclosure of any such data does not specifically link or identify a person with any of their PII. Any data submitted to ERB that is not personally identifiable information is owned by and may be used by ERB in any manner that ERB determines.
BY AGREEING TO THESE TERMS AND CONDITIONS, THE USER UNDERSTANDS THAT DATA SHARED WITH THIRD PARTIES IN ACCORDANCE WITH THE PRECEDING PARAGRAPH MAY BE USED BY ERB AND/OR SUCH THIRD PARTIES FOR MARKETING AND OTHER COMMUNICATION PURPOSES.