Terms & Conditions - US Safe Room

PURCHASE AGREEMENT TERMS AND CONDITIONS

1. US SAFE ROOM HAS THE RIGHT TO CORRECT ERRORS MADE BY DEALER/OFFICE PERSONNEL CONCERNING PRICING OR TAXES. THE BUYER HAS BEEN EDUCATED ABOUT THE VARIOUS PRODUCTS AND WARRANTIES.

2. DELIVERY AND INSTALLATION ARE NOT INCLUDED. INSTALLATION IS NOT AVAILABLE UNLESS EXPLICITLY ITEMIZED AND CHARGES ARE ADDED TO THE TOTAL COST OF THE PRODUCT OVER AND ABOVE THE COST OF THE UNIT AND INCLUDED ACCESSORIES. COMPLETION OF THIS ORDER, INCLUDING SIGNING AND PAYMENT TRANSACTION, IN NO WAY, VERBAL OR OTHERWISE, ACKNOWLEDGE INSTALLATION BY RETAILER OR THIRD PARTY IS INCLUDED, NOR WILL ANY PARTS OR ACCESSORIES NOT ITEMIZED ON THIS ORDER BE INCLUDED.

6. FACTORY DRAWINGS ARE AVAILABLE FOR PERMITTING AND INSPECTION WITH PURCHASE. BUYER IS RESPONSIBLE FOR OBTAINING ANY NECESSARY BUILDING PERMITS AS REQUIRED FOR ANY SUCH DO-IT-YOURSELF INSTALLATION OF OUR PRE-ENGINEERED SAFE ROOM KITS.

7. EACH US SAFE ROOM PRODUCT DESIGNATED A RESIDENTIAL STORM SHELTER OR TORNADO-RATED SAFE ROOM IS DESIGNED AND MANUFACTURED FEMA 320 AND ICC-500 COMPLIANT.

8. ALL SALES ARE FINAL. ORDER DEPOSITS, TAX, AND/OR TOTAL PURCHASE PRICE ARE NON-REFUNDABLE.

9. BUYER SHALL BE SOLELY RESPONSIBLE FOR AND SHALL OBTAIN ANY NECESSARY CITY OR COUNTY PERMITS PRIOR TO INSTALLATION. BUYER AGREES TO INDEMNIFY AND HOLD US SAFE ROOM (INCLUDING PARENT, ASSOCIATED, PARTNER, AND AFFILIATE COMPANIES) HARMLESS FOR VIOLATION OF ANY CITY/COUNTY ORDINANCE/CODE.

10. IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO ENSURE THAT SOIL AND SUBSOIL CONDITIONS AT THE SITE LOCATION ARE OF SUFFICIENT DENSITY TO SUPPORT AND SUSTAIN PRESSURES AND FORCES EXERTED THEREON BY THE FOUNDATION, THE BUILDING PURCHASED, AND SUGGESTED ANCHORING.

11. IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO ENSURE THAT CONCRETE CONDITIONS AT THE SITE LOCATION ARE OF SUFFICIENT DENSITY TO SUPPORT AND SUSTAIN PRESSURES AND FORCES EXERTED THEREON BY THE FOUNDATION, THE BUILDING PURCHASED, AND SUGGESTED ANCHORING.

12. IT IS THE SOLE RESPONSIBILITY OF THE BUYER TO LOCATE THE INSTALLATION SITE. ANY SUGGESTIONS FOR INSTALLATION LOCATION, INSTALLATION OPTIONS, AND/OR INSTALLATION METHODS MADE BY THE FACTORY, SALES ASSOCIATE, FACTORY REPRESENTATIVE, DEALER, OR RETAILER ARE SUGGESTIONS ONLY. BUYER RETAINS SOLE RESPONSIBILITY FOR FINAL INSTALLATION LOCATION AND RESULTING INSTALLATION METHODS.

13. ANY TAXES WHICH THE BUYER MAY BE REQUIRED TO PAY OR COLLECT UNDER EXISTING OR FUTURE LAWS OF ANY COMPETENT AUTHORITY UPON OR WITH RESPECT TO THE SALE, PURCHASE, DELIVERY, STORAGE, PROCESSING, USE, CONSUMPTION, OR TRANSPORTATION OF ANY OF THE MATERIALS COVERED HEREBY SHALL BE FOR THE ACCOUNT OF THE BUYER, WHO SHALL PROMPTLY PAY THE AMOUNT THEREOF TO THE SELLER UPON DEMAND.

14. TAX EXEMPT: IF THE BUYER IS TAX EXEMPT, A TAX-EXEMPT CERTIFICATE MUST BE ATTACHED TO THE ORIGINAL ORDER(S); OTHERWISE, THE APPLICABLE TAX WILL BE ADDED. NO EXCEPTIONS WILL BE MADE.

15. PAYMENT TERMS:

A. DOWN PAYMENT: BUYER SHALL PAY DEALER A DOWN PAYMENT OF 50% (FIFTY PERCENT) OF THE PURCHASE PRICE AT THE TIME OF SALE. BUYER UNDERSTANDS THAT HE/SHE IS OBLIGATED TO REMIT PAYMENT OF THE REMAINING 50% (FIFTY PERCENT) OF THE PURCHASE PRICE PLUS LOCAL TAX AS SET FORTH BELOW TO US SAFE ROOM, PRIOR TO SHIPPING. US SAFE ROOM IS NOT LIABLE FOR ANY MONEY COLLECTED BY THE DEALER. US SAFE ROOM WILL NOT PROCESS ANY ORDER WITHOUT 50% DEPOSIT FUNDS BEING RECEIVED FROM THE DEALER AND/OR FROM THE BUYER.

B. BALANCE: BUYER SHALL PAY THE REMAINING 50% (FIFTY PERCENT) TO US SAFE ROOM, AT LEAST 3 BUSINESS DAYS PRIOR TO SHIPPING. PAYMENT IS TO BE MADE IN CASH, CASHIER’S CHECK, MONEY ORDER, OR DEBIT/CREDIT CARD – SUBJECT TO A 3% (THREE PERCENT) PROCESSING FEE. NO PERSONAL/COMPANY CHECKS ARE ACCEPTED AT THE TIME OF SHIPPING. IF THE BUYER WISHES TO MAKE ANY PAYMENT IN THE FORM OF A PERSONAL/COMPANY CHECK, THIS MUST BE PAID PRIOR TO SCHEDULING.

C. EXCESSIVE DOWN PAYMENTS: IF THE BUYER PAYS MORE THAN THE REQUIRED 50% (FIFTY PERCENT) DOWN AT THE TIME OF SALE, US SAFE ROOM MUST RECEIVE THESE FUNDS FROM THE DEALER PRIOR TO SHIPPING.

D. REFUNDS: IN THE EVENT THE BUYER CANCELS THE ORDER FOR ANY REASON, THE BUYER SHALL RECEIVE NO REFUND ON THE 50% (FIFTY PERCENT) DOWN PAYMENT. IN ADDITION, THERE SHALL BE ABSOLUTELY NO REFUNDS ON SPECIAL/CUSTOM ORDERS.

16. SQUARE AND LEVEL: THE INSTALLATION SITE MUST BE SQUARE AND LEVEL PRIOR TO INSTALLATION. IN THE EVENT FOUNDATION IS NOT LEVEL BUT IS LESS THAN 4” (4 INCHES) OFF LEVEL UNIT WILL BE INSTALLED “AS IS,” AND ALL WARRANTIES WILL

BE VOID.

17. LABOR FEES: BUYER WILL PAY AN ADDITIONAL LABOR CHARGE OF NO LESS THAN $100 (ONE HUNDRED DOLLARS) IF INSTALLERS ARE REQUIRED TO DIG, CUT, FRAME TO LEVEL, AND INSTALL ON ANY FOUNDATION HIGHER THAN 2’ (TWO FEET) AT ANY POINT CARRY FURTHER THAN A REASONABLE DISTANCE, INSTALL OVER ANY EXISTING STRUCTURE, INSTALL ON ANY WALL/STORY/CRAWLSPACE/DOCK/DECK/OR SIMILAR SURFACE.

18. 30 DAY WARRANTY ON WORKMANSHIP; THEREAFTER, A RETURN TRIP & MATERIAL FEES APPLY. RETURN TRIP FEE: BUYER WILL PAY A SERVICE FEE OF NO LESS THAN $250.00 (TWO HUNDRED FIFTY DOLLARS) IF THE INSTALLATION CREW MUST RETURN TO INSTALL AN ADDITION TO A UNIT AFTER THE STRUCTURE IS INSTALLED AND ACCEPTED AS COMPLETE. RETURN TRIP FEE, UPGRADE COSTS OR ADDITIONAL MATERIALS FEES WILL BE REQUIRED TO BE PAID IN FULL IN ADVANCE.

19. SCHEDULING: CUSTOMER SERVICE WILL CONTACT THE BUYER AT LEAST TWO DAYS IN ADVANCE BEFORE SHIPPING. BUYER IS RESPONSIBLE FOR COORDINATING OFF-LOADING AND INSTALLATION AT THE TIME OF DELIVERY. IF THE BUYER FAILS TO ARRANGE FOR TRANSPORT OF THE MERCHANDISE FROM THE POINT OF DELIVERY, THE SELLER SHALL ARRANGE FOR TRANSPORT AT THE BUYER’S COST, PAYABLE UPON DELIVERY.

20. US SAFE ROOM IS NOT RESPONSIBLE FOR ANY CHANGES IN DELIVERY DATE CAUSED BY CIRCUMSTANCES OUT OF US SAFE ROOM CONTROL, INCLUDING BUT NOT LIMITED TO WEATHER, ACCIDENTS, TRUCK PROBLEMS, ETC. IF, FOR ANY REASON, YOU FAIL TO SHOW UP FOR AN ARRANGED DELIVERY OR INSTALLATION WITHOUT PROVIDING PRIOR NOTICE AT LEAST 72 HOURS IN ADVANCE, YOU WILL BE CHARGED A $200 RESCHEDULING FEE THAT MUST BE COLLECTED PRIOR TO SHIPPING ON THE NEXT AVAILABLE SHIPMENT. ALL FEES MUST BE PAID IN FULL PRIOR TO UNLOADING OR ANY CONTRACTED INSTALLATION WORK INITIATED. A $50 RESCHEDULING OR CANCELLATION FEE WILL BE REQUIRED FOR THE CHANGE OF ANY PREARRANGED SHIPPING OR DELIVERY DATE PRIOR TO 72 HOURS BEFORE THE SCHEDULED APPOINTMENT TIME BUT NOT MORE THAN 7 DAYS PRIOR TO THE APPOINTMENT. RESCHEDULED, CANCELED, OR MISSED DELIVERY APPOINTMENTS WILL BE RESCHEDULED STARTING OVER IN THE QUEUE OF CURRENT ORDERS FOR THE NEXT AVAILABLE SHIPMENT (AVERAGING 2-4 WEEKS). IF A SHIPMENT IS MISSED OR THE DATE RESCHEDULED DUE TO SOME FAULT OF US SAFE ROOM, WE WILL MAKE ALL EFFORTS TO RESCHEDULE THE SHIPMENT WITHIN 2 WEEKS.

21. BOTH BUYER AND SELLER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PRIOR WRITTEN OR ORAL COMMUNICATIONS, REPRESENTATIONS, AND AGREEMENTS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

22. THE TERMS OF THIS AGREEMENT, SAVE AND EXCEPT THE PRICE TERMS IN THE EVENT OF A PRICING ERROR/CHANGE ORDER, MAY BE MODIFIED OR AMENDED ONLY BY A WRITTEN INSTRUMENT EXECUTED BY THE PARTIES HERETO.

23. UPON ACCEPTANCE HEREOF, THIS ORDER AND SUCH ACCEPTANCE SHALL BE DEEMED TO BE A CONTRACT EMBODYING ALL WRITTEN UNDERSTANDINGS AND AGREEMENTS BETWEEN THE BUYER AND THE SELLER RELATIVE TO THIS SALE. THE SELLER SHALL NOT BE BOUND BY ANY CONDITION, DEFINITION, REPRESENTATION, OR WARRANTY OTHER THAN AS EXPRESSLY SET FORTH HEREIN OR INCORPORATED HEREIN BY EXPRESS APPLICABLE PROVINCIAL LEGISLATION. THIS CONTRACT SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE COUNTY OF WATAUGA, NC AND PRESUMED TO HAVE BEEN CONSUMMATED IN THE CITY OF BOONE, NC INASMUCH AS IT HAS BEEN HEREIN-ABOVE AGREED THAT DELIVERY HEREUNDER IS AT THE OFFICE OF THE SELLER’S PLACE OF BUSINESS IN THE CITY OF BOONE, NC. THE PARTIES AGREE THAT VENUE FOR ANY LITIGATION ARISING IN CONNECTION WITH THIS CONTRACT PROPERLY LIES ONLY IN THE CITY OF BOONE, NC.