1. PAYMENT, CANCELLATIONS, SHIPPING AND DELIVERY, FORMS OF PAYMENT
(A) Payment. You the customer (Customer) agree to pay She Shed in accordance with the following (Payment Terms):
(i) Unpermitted units: 100% payment due in full at time of order
Failure to comply with the Payment Terms will result in the loss or exclusion of any promotional discounts extended by She Shed as part of the Price (see below), including but not limited to free shipping, product discount or any other promotional offers. Failure to pay on-time will also likely result in the delay of the shipment.
(B) Shipping & Delivery. Shipping and delivery are handled through a certified freight company.
It is the Customer’s responsibility to make sure the product ordered meets local codes or rules that may apply. She Shed’s acceptance of Customer’s Order is expressly conditioned upon Customer’s acceptance of the terms and conditions herein. Any modification to the terms and conditions must be accepted by She Shed in writing.
3. PRICES AND QUOTATIONS
Unless specifically agreed to in advance by She Shed, all Product prices shall be She Shed’s list prices in effect at the time Customer’s Order is received (the “Price”). The Price does not include sales or other taxes, if applicable. In addition to the Price, Customer agrees to pay (either directly to the appropriate governmental entity or to She Shed) any sales or other tax due under any applicable law.
4. DIY AND INSTALLATION SERVICES
(A) Do-It-Yourself. As the name implies, DIY requires Customer to install the Product yourself or arrange a contractor. If Customer orders as a kitset, Customers are solely responsible for all necessary permits and any applicable architectural or engineering work, foundational work (including site preparation), as well as the installation and assembly of the Product. She Shed accepts no responsibility or liability related to a DIY installation. Customer is solely responsible for complying with all applicable building and safety codes in the installation of the Product. The DIY kitset is supplied to the customer with full instructions these instructions are expected to be adhered to completely. No responsibility will be taken for misapprehended or disregarded instructions, SheSheds Customer Service team is available for any questions relating to the build process and requirements.
(B) Installation Service. If Customer chooses She Shed’s Installation Services (the “Installation Services”):
(i) Certified Installer. Customer authorizes She Shed to do the following on Customer’s behalf to:
(a) Arrange for the Installation Services to be performed by an independent contractor (licensed when legally required) (“Certified Installer”).
(b) Issue a work order to the Certified Installer to perform the Installation Services.
(c) Have the Certified Installer’s work inspected, should She Shed in its discretion choose to do so but Customer agrees that She Shed has no obligation to do so.
(d) Pay the Certified Installer after the completion of the work and after receipt of a certificate, signed by Customer or on Customer’s behalf, stating that the work has been satisfactorily completed (the “Certificate of Completion”).
(ii) At the time of completion of the Installation Services, Customer and the Certified Installer will perform a final walk-through inspection and execute a Certificate of Completion. If Customer is not available at the time of completion of the Installation Services, the Certified Installer will perform a final walk-through inspection without Customer and execute a Certificate of Completion on Customer’s behalf. She Shed will rely upon the Certificate of Completion (whether signed by Customer or the Certified Installer on Customer’s behalf) in paying the Certified Installer for the Installation Services. Final payment to She Shed is due upon the final walk-through inspection.
(iii) The Certified Installer is an Independent Contractor. CUSTOMER AGREES THAT THE CERTIFIED INSTALLER WILL PERFORM THE INSTALLATION SERVICES ACTING AS AN INDEPENDENT CONTRACTOR AND THAT SHE SHED SHALL HAVE NO LIABILITY FOR ANY ACT OF THE CERTIFIED INSTALLER. CUSTOMER FURTHER UNDERSTANDS AND AGREES SHE SHED DOES NOT GUARANTEE ANY TIMEFRAMES ASSOCIATED WITH INSTALLED PRODUCT.
(iv) Services Not Included. Unless otherwise agreed to by She Shed in writing, Customer agrees that the Price for Installation Services does not include architectural/engineering services, the permit fee, foundational work including site preparation or structural changes to the land upon which the Product is to be installed (the “Premises”) or any other services beyond the ordinary and routine installation of the Product. Installers may bill Customer directly for installation sites that are more than 100 feet from the site at which the Product is offloaded (carry distance).
(C) Customer’s Responsibilities. Unless otherwise agreed by She Shed in writing:
(i) Customer represents and warrants that Customer’s site is free and clear of debris, the work area is free of vermin, and pre-existing physical or environmental hazards, and building/zoning code violations.
(ii) Customer agrees not to allow unattended minors at the work area while the Certified Installer is present.
(iii) Customer agrees to control and keep pets away from work areas.
(iv) Customer agrees that the site has clearance of at least 2 meters around installation site. Additional costs may incur and will be billed to Customer by Installer.
(v) Customer promises to acquire at Customer’s own cost and expense, all required permits and to keep such permits on display at all times. In the event that the Certified Installer determines that a building permit is necessary and Customer has not obtained a building permit or Customer has obtained a building permit but the building permit is deficient, then the Certified Installer and She Shed may suspend all installation responsibilities of either or both of them until such time as the appropriate building permit is issued. Neither She Shed nor the Certified Installer shall have any obligation to make sure that Customer has an appropriate building permit.
(vi) Customer agrees that if Customer or anyone Customer controls interferes with or delays performance of the Installation Services, Customer may be subject to transportation/storage charges or other resulting charges.
(vii) Any condition of the site or work area that is not in the condition represented or promised by Customer or any other condition that is not as represented, agreed to or promised by Customer above is an “Unfit Condition” (as further defined in Section 4(a) below).
(a) Unfit Conditions. The Price for Installation Service assumes sound existing substructures, superstructure and points of attachments. If any condition is not as represented or promised by Customer as set forth in Section 4(b)(v) above or if there are any defective substructures, superstructures, points of attachments or the existence of any other defect, weakness, or dangerous condition including, but not limited to, un-level, not square, mold, mildew, rot, asbestos or infestation (collectively, “Unfit Conditions”), then She Sheds may, at its election, suspend Installation Services until such Unfit Conditions are remedied by Customer to She Shed’s satisfaction at Customer’s sole cost and expense or it may increase the Price by the cost and reasonable profit to She Shed of having to provide additional products, services, and/or Installation Services as a result of the Unfit Conditions. If She Sheds elects to increase its Price Customer will be required to execute a change order reflecting the Price change and to pay the additional Price at the time of the execution of the change order. In the event that Customer does not execute a change order and pay the additional price at the time of execution of the change order or eliminate all Unfit Conditions yourself, then She Sheds is excused from any further performance of Installation Services and shall be entitled to retain all monies previously paid by Customer and shall have no obligation to restore the Premises to their original condition.
(viii) Claims. Customer agrees that any claim against She Shed or the Certified Installer relating to Customer’s purchase or the Installation Services must be made to She Shed within thirty (30) calendar days of the date Customer first becomes aware of the problem or such claim will be deemed waived. She Shed will attempt resolution of any claim(s) within sixty (60) calendar days of receipt of Customer’s notice.
(x) CUSTOMER AGREES TO PROVIDE SHE SHED WITH THE EXACT LOCATION REQUIREMENTS AND ORIENTATION FOR PURCHASED PRODUCTS PRIOR TO INSTALLATION. PRICES QUOTED BY SHE SHED FOR INSTALLED PRODUCT ASSUME A LEVEL WORK AREA NOT MORE THAN 100 FEET FROM THE POINT OF DELIVERY. IF THE LOCATION, ORIENTATION, OR ANYTHING ELSE RELATED TO THE PRODUCT CHANGES DURING INSTALLATION, CUSTOMER WILL BE RESPONSIBLE FOR ANY AND ALL CHARGES ASSOCIATED WITH THE ADDED INSTALLATION COSTS AND WILL BE BILLED DIRECTLY BY THE CERTIFIED INSTALLER.
Any and all shipping, delivery, and installation dates are estimates only, and She Shed does not guarantee that the Product will be shipped, delivered, or installed in accordance with such estimates. Without limiting the generality of the foregoing, She Shed may delay delivery of the Product without any liability therefore as a result of any delay caused by events outside She Shed’s reasonable control including, but not limited to, work stoppages, labor difficulties, She Shed’s inability to obtain necessary materials, components, labor, or manufacturing facilities, or anything else that would in any way impair She Shed’s ability to deliver the Product in the quantities ordered at the prices quoted.
QUOTED SHIPPING RATES ARE FOR MAJOR METROPOLITAN AREAS; SURCHARGES FOR RURAL OR LIMITED ACCESS DELIVERIES COULD APPLY AND WILL BE COMMUNICATED TO CUSTOMER PRIOR TO SHIPMENT.
6. SHIPMENT AND TITLE
Customer is deemed to have received the Product when Customer picks up the Product from She Shed’s warehouses or upon delivery of the Product to Customer’s delivery address. She Shed shall bear all risk of loss and casualty to the Product until such time as the Product has been received or deemed to have been received by Customer. Customer shall bear all risk of loss and casualty to the Product upon and after the Product has been received or deemed to have been received by Customer. If the Product is delivered to Customer’s delivery address, Customer is solely responsible for and will insure against loss or casualty incurred during and after the unloading process at such location. Customer is solely responsible to inspect the Product upon receipt for any visible damages incurred during shipping before signing off with the delivery service. If upon inspecting the shipment Customer notices visible damage, Customer is to notify She Shed immediately. Adhering to freight law, She Shed prohibits the rejection of any and all pieces, damaged or undamaged. In the event of concealed damage, Customer is to notify She Shed at first opportunity.
Upon signing the delivery papers by Customer or on Customer’s behalf, Customer is solely responsible for the Product and any and all costs associated with the Product with the exception of concealed damage.
7. LIMITED WARRANTY
She Shed warrants to the original purchaser of the Product that, should there be any defects in the material or workmanship during the initial 6 months (six months) from Customer’s receipt of the Product, She Shed will either repair or replace the covered defects. Customer must notify She Shed of any claim of defects in the material or workmanship within six (6) months after Customer’s invoice/receipt of the Product. Said notice must be in writing, set forth specifically the basis for the claim, and include a photograph of the defect(s). The failure to satisfy the requirements above will constitute irrevocable acceptance of the Product. This warranty gives Customer specific legal rights. (Customer may also have other rights which may vary from state to state or country). Failure to follow the Instructions or any related given information, and any abuse or misuse of the Product including unauthorized alterations, will void this Limited Warranty. She Shed is not responsible for damage caused by the location of the Product on or over inappropriate soils or terrain or by the use of improper replacement parts. She Shed assumes no responsibility and expressly disclaims all liabilities for damages due to misuse, neglect, improper maintenance or adjustments, and normal wear and tear of the Product. She Shed accepts no responsibility or liability related to a DIY installation. Customer is solely responsible for complying with all applicable building and safety codes in the installation of the Product. The DIY kitset is supplied to the customer with full instructions these instructions are expected to be adhered to completely. No responsibility will be taken for misapprehended or disregarded instructions, She Shed reserves the right to change and/or improve the design and/or specifications of the Product without notice or obligation to modify previously produced units. No installation or other instructions, advice, Product information, or marketing materials, whether oral or written, obtained by Customer at any time from She Shed or any vendor or retailer of She Shed Products shall create any She Shed express warranty not expressly stated in this Section.
SHE SHED MAKES NO EXPRESS WARRANTIES EXCEPT AS STATED IN THIS SECTION. ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL TERMINATE ONE HUNDERD AND EIGHTY-THREE (183) DAYS FROM CUSTOMER’S RECEIPT OF THE PRODUCT.
Customer agrees to defend, with counsel approved by She Shed, all actions against She Shed, its officers, directors, managers, shareholders, members, employees, agents, beneficiaries, successors, and other representatives (the “Indemnified Parties”) with respect to, and to pay, protect, and indemnify and save harmless all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature arising from or relating to the injury to or death of any person, or damage to or loss of property, caused by or incurred in connection with Customer’s use or misuse of the Product.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SHE SHED BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE THESE TERMS AND CONDITIONS OR CUSTOMER’S PURCHASE OF PRODUCT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF SHE SHED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE SHE SHED’S AGGREGATE LIABILITY WHETHER IN CONTRACT, WARRANTY, OR TORT, INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, EXCEED THE PRICE PAID BY CUSTOMER TO SHE SHED.
(Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to Customer, and Customer may have additional rights to those contained herein. In such states, She Shed’s liability is limited to the greatest extent permitted by law.)
9. TRADEMARKS AND TRADENAMES
Customer acknowledges and agrees that all brand names, trade names, and trademarks incorporated onto or associated with the Product (collectively, the “Marks”) purchased hereunder are the exclusive property of She Shed and that Customer shall not acquire any rights in any of the Marks by purchasing the Product. Customer shall not make any use of the Marks at any time except as otherwise authorized by She Shed in writing.
10. PROPRIETARY INFORMATION/NONDISCLOSURE
Customer acknowledges and agrees that any knowledge or information, including drawings, designs, specifications, plans, and data, that She Shed may have disclosed or may hereafter disclosed to Customer incident to the placing and filling of an Order shall, at all times, remain the exclusive property of She Shed, and Customer shall acquire no interest in, or right with respect to, such proprietary information unless otherwise stated in writing by She Shed. Customer further acknowledges and agrees that such proprietary information constitutes valuable, special, and unique business assets of She Shed and that Customer shall not now or at any time in the future use any such information in any manner or disclose any such information to any person or entity, except as expressly permitted in writing by She Shed.
11. NO WAIVER
No waiver of any provision of these terms and conditions or delay by either party in enforcement of any right hereunder shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.
In the event any provision herein should be held unenforceable by a court of competent jurisdiction, such court is hereby authorized to amend such provision so that it will be enforceable to the fullest extent permitted by law, and all remaining provisions shall continue in full force without being affected, impaired, or invalidated thereby in any way.
13. NO ASSIGNMENT
Customer agrees that Customer may not to assign or transfer any of Customer’s rights arising out of or related to these terms and conditions or Customer’s purchase of Product.
14. ATTORNEYS FEES
Customer agrees that if Customer fails to timely pay to She Sheds any sums due hereunder and She Sheds sues to collect such sums, Customer will be liable for reasonable fees, including but limited to collection fees and any attorney’s fees, so incurred by She Sheds.
Customer hereby agrees to Order the Product at the stated costs and have read and agree to the TERMS AND CONDITIONS, incorporated herein under this reference. Customer understands and agrees that She Shed reserves the right to change, discontinue or substitute materials. Customer understands and agrees that the Product delivered does not include any foundational work, site preparation, steps, wheels, or any other materials or work product not specifically defined in the Order.
15. These Sheds have many amazing uses and customers use them for an array of purposes. It’s the customers sole responsibility to ensure all uses are covered by their local health and safety and council body laws and permits.
16. These Terms and Conditions relate to Homelandz, She Shed and their associated companies.