You, the customer, and Stor-Mor Portable Buildings, LLC (“we,” “us,” or “Stor-Mor”) expressly agree to the terms and conditions set forth below:
Risk Of Loss. We bear the risk of loss, including any damage to the building, up until the building has been delivered to you. Upon delivery, you assume all risk of loss, including any damage to the building. Please inspect your building thoroughly before accepting delivery. If you elect to return your building, you bear the risk of loss until we have picked up your building.
Not Intended for Human Occupancy. Stor-Mor makes no representations, warranties, or covenants that its buildings are fit or suitable for human occupancy, nor has its buildings been constructed to comply with any city, state, or municipality code or ordinance pertaining to human dwellings. STOR-MOR’S BUILDINGS ARE NOT DESIGNED OR SUITABLE FOR HUMAN OCCUPANCY OR HABITATION. You acknowledge the foregoing and assume all risks involved in modifying Stor-Mor’s buildings to be fit for human occupancy or permitting any person to reside within one of our buildings.
Warranties. Stor-Mor provides, or transfers its rights in, the following warranties to you:
A. Stor-Mor’s 5-year craftmanship warranty against defects in workmanship;
B. We assign our rights under a 10-year flooring warranty;
C. We assign our rights under a 5/50-year wood siding warranty;
D. We assign our rights under a 40-year metal roof warranty.
A copy of each warranty may be found at stormor.com or by contacting us at firstname.lastname@example.org. These warranties do not cover damage as a result of floods, fires, winds, lightning, accidents, corrosive atmosphere, or other acts of God. Our sole obligation, and your sole remedy, is repair or replacement of the building, at our option, performed by us or our agent. The above warranties will be null and void in the event that the building is altered by you, or has been, in our judgment, subject to negligence, improper maintenance, or misuse. These warranties are not transferrable. Notwithstanding the foregoing, all repossessed or used buildings are sold “as-is,” with no warranties provided.
STOR-MOR DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
Delivery Dates. Any delivery date that we provide to you is an estimate. We are not responsible for any expenses, costs, or damages that you incur due to our inability to deliver your building on or before the delivery date that we have provided you.
Delivery Liability Waiver. You must provide our driver with unobstructed access to your property. This includes providing an access path unencumbered by gates, trees, rocks, stumps, yard décor, or other obstacles. Please understand that our delivery truck and your building weigh several tons and may extend over 75 feet in length. It is your responsibility to identify and provide our driver a path free from underground components such as water pipes, utilities, sprinkler systems, septic tanks or lines. If your ground is wet, sandy, uneven, or hilly, our driver may not be able to reach your site, or may damage your property in doing so. Please notify our dealer if rain or moisture have affected your ground stability. You assume the risk for any damage to your property during delivery unless such damage is caused by our driver’s intentional malicious acts. You understand that if our driver is required to make a second trip to your property, you will incur additional charges.
Remedies. Your sole remedies arising out of this transaction are set forth in the “Cancellation and Return Policy” and “Warranties” clauses set forth above. Except for those remedies, ALL SALES ARE FINAL. You agree you will not, under any circumstances, issue or threaten to issue a chargeback or initiate a credit card dispute with Stor-Mor through your credit card provider or other payment provider. You agree to attempt to resolve any dispute arising out of this transaction with us via informal negotiations. If we are unable to resolve your dispute, then you agree to submit your dispute to binding arbitration governed by the American Arbitration Association. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY AND EXPRESSLY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM. Furthermore, IN NO EVENT SHALL WE BE LIABLE FOR punitive, incidental or consequential damages, whether the claim arises in contract, in tort, under any warranty or otherwise. Our liability shall not exceed the value of the building you purchased.