31 March 2016

Universal Terms of Service

4681 times

Contract Clauses / Customer Responsibilities

Legacy Barn Company 's goal is to provide the best value for a quality product. We believe the best way to do this is to be up front with our potential customers, about any possiblity that we and our valued customer could potentially face during the construction process. So we feel it is important to disclose our contract clauses here. We hope that you take a few minutes to get the know them. Most of the expenses discussed in the clauses section of our contract can most definitely be prevented. In accordance with our Mission Statement, we will work to help alleviate the potential of these situations to the best of our ability. We ask that you, our valued customer, be very aware of the clauses below and help us identify if the potential for these situations exist, and let us know during the estimation process. In doing so, we can better Estimate your project while saving you money and time, as well as the hassle of having preventable charges. You will find thatLegacy Barn Company does not believe in fine print. We think you will find this information helpful with your bidding and building process. If you have any questions or concerns regarding these clauses or the contract in general, please do not hesitate to contact us.

Code and Permit Clause - Customer is responsible for and is required to research local building codes and criteria. Prior to delivery, the customer is responsible for submitting all pertinent code and criteria in the jurisdiction for which the project is located. Customer to secure all necessary building permits. A minimum of $350 fee to be added to all contracts requiring building permits In addition to any additional charges to cover code compliance upgrades. Customer is responsible for any fines or citations for non-compliance or failure to file permits, and any project shut downs as a result of non-compliance or failure to file permits, will be assessed a demobilization charge to the customer of $500.

Pad Prep Clause - A level site is required. The pad must be within 6" of level. If not, any work or material required including; longer poles, skirting, and other solutions/materials to accommodate the unleveled site, will be at customer's extra expense. If in the event the crew arrives and the site is farther out of level that previously advised the customer will be assessed a demobilization charge of $500 while the customer has the pad brought within tolerance. If requested to build on native out of level ground a fee of $500 per day will be assessed for the duration of the project. The builder does not do "Dirt Work." I.e. site prep and pad construction, unless requested by the customer and noted on the contract herein. Unless requested, agreed to, and annotated on this contract the proposed bid does not include dirt work. If requested, agreed to, and annotated on this contract, bid reflects standard concrete construction in accordance to the "Concrete Slab Policy" Clause.  "Fill provided" refers to fine grade material for concrete slab construction not pertaining to Dirt Pad Construction. All work by others regarding site prep and pad construction must be complete prior to the builder's construction start date. Site and pad must be clear of equipment and debris prior to construction start date. 

Rock Clause - It is the customer’s responsibility to notify Legacy Barn Company if rock or other materials are present, which may inhibit the builder’s excavation. To include, but not limited to; the digging for pier holes to set posts for the buildings as required. Prior to or at the time of Legacy Barn Company formulating an Estimate for the customer. All prices reflected herein, unless otherwise annotated in the contract do not include additional charges to mitigate these materials. If during construction rock is encountered, without prior notification as aforementioned, and the use of an air compressor, jackhammer &/or rock auger is required; customer will pay an additional $500 per day, & the cost of equipment rental. In the event the contractor can mitigate the rock in a timely manner with a rock bar a fee of $50 per hole will be assessed. The contractor must photograph evidence of substantial rock or obstacle present in each hole. 

Equipment Rental Clause - Customer is required to pay $500 per day, and any & all rental fees for bobcat, auger, &/or other equipment for post holes that are required to be more than 3 feet deep by 12 inch in diameter, by local code, or for other situations on site which inherently charge Legacy Barn Company 's standard method of construction.

Site Security Clause -  Customer is responsible for all materials delivered to the job site, and left on site. Legacy Barn Company , contractors and delivery personnel are not responsible for damage, theft, vandalism, or damages resulting from "Acts of God" to/of materials on site before, during or after construction. The customer is responsible for all job related waste product clean up and removal.  I.e. board cut offs, sawdust, metal / trim cut offs, & Etc. Contractor trash; soda bottles, food wrappers, etc. will be disposed of properly by the Contractor. 

Damages and Delivery Clause -  Customer will be responsible for all adequate access from main road to jobsite; free of locked gates, narrow passage ways, low clearance obstacles, weight limited bridges, and/ or terrain features that would inhibit transportation of materials by either a 1-ton / trailer combination &/ or an 18-wheeled semi delivery truck with a 53' trailer.   The use of onsite material handling equipment may be required. I.e. a piggyback delivery system class of forklift. The customer understands Legacy Barn Company , their employees, contractors, affiliates, etal will do everything possible to limit the possibilities of the occurrence of damage to property. However, Legacy Barn Company , its employees, contractors, affiliates, etal assumes no liability in the event that any such occurrence does happen. No guarantee of such shall ever be expressed or implied. Damages to landscaping, tin horns, fencing, gates, flowerbeds, road ways, and cattle guards etc. may occur during the course of delivery. The customer is responsible to notify the builder that any or all of the obstacles may exist within the project location or upon access to the project location prior to the delivery of materials.

Towing Clause - Customer will be responsible for any towing fees incurred from main road to job site.

Quikrete Clause - Customer is to provide "Quikrete" or equivalent bagged concrete for post holes. We recommend 2 bags per post.   

Photo Clause - The Customer acknowledges and agrees to allow the builder to photograph the site, the structure, interior and exterior, in part or in whole, before, during, and/ or after the completion of construction. The customer grants the builder to maintain records of these photographs for warranty, customer service, and marketing purposes. The customer is responsible for the removal or concealment of items they do not wish photographed.  The customers acknowledges they may be made public at any time.

Utility Locates - Customer will be responsible to call in utility locates for the project area. This includes, but not limited to; 150 feet in all direction from the project site. The customer will maintain said locate marks by contacting the state "call before you dig" hot line @811 and request refresh for the project if it is expected to exceed 14 days, and every 14 days thereafter of the project duration. Failure to submit a locate request may result in the project being place on hold indefinitely with a demobilization charge to the customer of $250. If any damages to utilities are incurred, fines or repair costs will be at the owner’s responsibility. The builder, its employees, contractors, and affiliates etal. hold no liability for such damages &/ or associated costs.

Electric Service - 110 electric services must be available within 150 feet of job site. If not, and a generator is required, and rental is necessary, it will be at the customer's expense, in addition to $250 per day. If Generator is supplied by the customer, the customer waives any liability on the part of Legacy Barn Company its directors, employees, contractors or affiliates, etal. Likewise, the customer agrees to hold harmless the aforementioned entities in the event of damages or wear and tear on the said generator.

Engineering Clause - If sealed engineer blueprints and /or Windstorm certification are required, these will be a customer responsibility, at the customer's expense. We will assist with the process any way possible.

Warranty Disclaimer Clause - In most cases, LBC Workmanship is guaranteed for two years.  In addition to any applicable manufactures warranties. Legacy Barn Company and its employees, contractors, affiliates,  etal; will not be responsible for any misuse, negligence, or damage by the owner, third parties, weather, or any act of God. Please see LBC Warranty Policy for more details on limitation/coverages.

Severe Weather Clause - The customer acknowledges and agrees to; the builder will make all attempts to start/complete the project by the respective projected date’s aforementioned herein. However, in the event of severe weather, the builder retains the right to reschedule the projected dates as necessary. For the safety of its employees, contractor, affiliates, etal, the builder may at any time delay , postpone or "call off" the scheduled work that is to be performed in the event severe weather or the after effects should cause conditions in which safety may be in jeopardy. This is to include, but not limited to; ice, snow fall, heavy winds, lightening, rain, limited visibility, flooding, etc. This clause may be invoked solely at the discretion of the builder. Be it known, the builder will notify the customer of any and all changes to the schedule in a timely manner.

Return Policy - It is the customer's responsibility to view Legacy Barn Company 's return policy, viewable publicly at http://www.legacybarnco.com/info/return-policy. By signing this contract the customer agrees to the terms and conditions therein.                                                                                                                                                

Scheduled Dates Policy - The customer understands that all dates reflected here in are tentative in nature and are subject to change.  Likewise, the builder will do everything possible to meet the date reflected herein and will notify the customer about changes in the schedule. Contracts are honored, and scheduled in the order they are received.                                           

Demobilization Policy - The customer understands that any event onsite which requires the builder or the crew to pull off the job without the event having been previously scheduled and factored in to the bid will result in the customer being assessed a demobilization fee of $500 per occurrence.                                                  

Concrete Slab -  The customer understands and agrees that Legacy Barn Company subcontracts all dirt work and concrete work. If a customer has requested either of these services / products to be provided by Legacy Barn Company , no warranty is expressed or implied by Legacy Barn Company , its directors, employees, sub-contractors, or affiliates and etal. This service is provided as a convenience to the customer. All payment for services rendered are due upon completion of that specific service, not the completion of the entire building project. All dirt work and concrete work proposals are based "site unseen" which may require additional fill depending on site conditions that are unknown at the time of bidding/estimating the project. Bidding reflects concrete material and labor based upon level pad and terrain. Additional cut and fill labor/materials may be required, and additional charges may apply. Standard cut and fill labor charge $70 /hour minimum, standard fill material if provided by Legacy Barn Company or its sub-contractors $300-400 /load (2 load minimum). This rate is subject to change without notice.                                                                                                                                      

Change Order Policy - The customer understands that once this document is signed and retuned it becomes a legal and binding Contract/Instrument. At no time shall any modification be made to this contract after it has been signed. All modifications to this contract after it is signed will require a change order to produce an addendum, which will state the changes to be made, the associated costs, and a payment schedule. The addendum must be signed and returned with (in most cases) a percentage of the addendum costs before the additional materials can be ordered and shipped. All changes to building specifications will require a change order. All customers requesting a change order will be assessed a change order fee of $500 per occurrence. Modifications to resolve any clerical or typographical errors do not require a change order and will not be assessed a change order fee. 

 

 

Warranty Policy

 

Legacy Barn Company is very proud to present our customers with the highest quality structures on the market. We are so confident in quality of our buildings that we offer a standard 1-Year Warranty on Workmanship. We have provided a list of what is covered and what is excluded in our 1-Year Warranty. It is our goal that this information stands as a testament to our commitment to quality and value for our customers. We hope this information helps you to choose us for your Legacy.

 

What Is Covered

 

Any issues attributed to craftsmanship or workmanship will be repair or replaced at no cost to the customer.

 

Any material or supply defects found during the Warranty period will be, upon customer request, mitigated by Legacy Barn Company . This includes photographs, site inspections, meetings, phone calls, and other investigative operations or tasks on behalf of the customer, at no extra charge.

 

Craftsmanship/workmanship is defined by any task in performance of construction or erection of the building, by an employee or sub-contractor of Legacy Barn Company . Any errors either of willful or gross negligence that results in substandard construction or deviation from design, which lowers the quality or integrity of the building, will be repaired or replaced at no extra cost to the customer.

 

Legacy Barn Company 's 1/2-Year Workmanship Warranty does not supersede nor negate the Manufacturer's Warranty on supplies or material, unless such craftsmanship/workmanship invalidates such warranty, through improper or incorrect installation. Any and all occurrences of such will result in the repair or replacement of the affected materials and supplies, at no extra cost to the customer.

 

Any issues that the customer believes are a result of defective materials will be investigated by Legacy Barn Company . Once the investigation has been concluded and the final results do indicate a manufacturer’s defect, Legacy Barn Company will repair or replace the defective materials and associated building components at no additional charge to the customer. The customer has the right to, at any point during the construction phase of the Legacy Project, notify Legacy Barn Company management that an employee or contractor of Legacy Barn Company is compromising the quality and integrity of the project in any way. Please contact, Legacy Barn Company through e-mail (This email address is being protected from spambots. You need JavaScript enabled to view it.) or by phone (918.822.7760 or 918.458.0827) to have an investigation launched immediately to correct or resolve the issue. We are available to our customers 24 hours a day, 7 days a week.

 

What Is Not Covered

 

Any Acts of Vandalism, Violence, Negligence (willful or gross), Arson, Improper Care/Maintenance, or Damages by Natural Forces / Acts of God.

 

Any items in the building that are damaged by fault, pestilent infestations, leaks, wind or exposure forces as a result of substandard workmanship or material defects will not be repaired or replace by Legacy Barn Company .

 

  Legacy Barn Company at no time expresses or implies any such warranty beyond a Manufacturer's Warranty for "Material Only Packages" or "Kits". Legacy Barn Company neither expressed nor implied shall warranty any building that was not purchased through Legacy Barn Company , all warranty claims must be accompanied by (A) certificate of warranty issued and signed by Legacy Barn Company , LLC. or by (B) Proof of Purchase

 

Any injury sustained or further damage incurred, during an unauthorized attempt to repair or replace any materials due to substandard workmanship or material defects, by the customer or by others, is at the sole responsibility and liability of the customer. All warranty replacement or repairs are to be done by a Legacy Barn Company employee, contractor, or authorized sub-contractor. Failure to adhere to this will invalidate any warranty by Legacy Barn Company , or any claim for warranty to Legacy Barn Company

 

Any additions, modifications, or damage by the customer or by other parties will void the warranty in part or in whole. All Manufacturer's Warranty guidelines are to be followed. Any deviation from this standard may result in the invalidity of this warranty and/or that of the Manufacturer's Warranty.

 

Legacy Barn Company at no time expresses or implies any such warranty or warranty coverage against setteling. and damages or repairs of damage due to setteling, such instances are at the customers expense. Legacy Barn Company recomends using a compatent excevation company to build an adequate Dirt Pad to limit the possibility of settling.

 

No part of this warranty, expressed or implied constitutes an insurance policy for the building. At no time shall this warranty be construed as an acceptable means for causation or effectual remediation of incurred costs for associated damages related to, but not limited to, workmanship or material defects.

 

At no time shall any opening(s) of a Legacy Barn Company Post-Frame Building, which has been requested to be exposed, be warrantied longer than 1 Year without protective sheathing, such as, but not limited to, post trim or other trim(s) where applicable or coating applied by Legacy Barn Company or by the customer within 60 days of installation. Legacy Barn Company will not cover by warranty, coatings or trimmings by other parties. Overhead Door, Walk-in door, or Window frame outs, in the instance of the door or window is to be provided by others or by the customer will only be covered by warranty for 60 days. After 60 days of exposure by "the elements" to the exposed lumber/materials, the warranty shall be invalid in part or in whole. Open-Sided Sheds, such as, but not limited to, Lean to Sheds where unprotected materials are exposed to the forces of nature or "the elements" for prolonged periods of time cannot be warrantied longer than 1 year.

 

Any Legacy Barn Company Post-Frame Building that is purchased as a "Special" or a building designated as a "American Traditions Series" building are not eligible for the standard 2-Year Warranty. Legacy Barn Company at no time expresses or implies any such warranty beyond a Manufacturer's Warranty for "Material Only Packages" or "Kits". Legacy Barn Company neither expressed or implied shall warranty any building that was not purchased through Legacy Barn Company , all warranty claims must be accompanied by (A) certificate of warranty issued and signed by Legacy Barn Company , or by (B) Proof of Purchase

 

Acceptance

 

By signing the "Contract", the customer acknowledges the aforementioned warranty conditions, and that no other statements expressed or implied negate the contents and conditions of this "Warranty Policy."

 

Return Policy

 Returns will only be accepted under the following circumstances: 

A building under contract is canceled after materials have been delivered.

        (additional fees for cancellation may still apply)

  1. A $50 charge will be assessed for all return checks.
  2. A $100 charge will be assessed for all stop payments.
  3. No returns on material only packages. 
  4. All custom building sales are final.
  5. Once construction has began no returns will be accepted.
  6. No returns will be accepted on installed items.
  7. No returns will be accepted on custom or special ordered items. 
  8. Materials left behind by the builder will not be accepted for return.
  9. Cull, waste, or other scrapped materials will not be accepted for return.
  10. 25% Deposit is Non Refundable.
  11. No returns of material after 7 days uncovered, 30 days under proper cover.
  12. A charge of 35% will be assessed on all materials accepted for return.
  13. No returns on items/materials in the following conditions:
  •      Broken or busted bundles/packaging
  •      Weathered Items or other deteriorating items
  •      Cut / Modified
  •      Rusted/oxidized
  •      Darkened lumber or sun faded metal
  •      Damaged or mishandled 
  •      Painted or vandalized
  •      Moisture soaked/saturated
  •      Showing signs of ground contact for more than 96 hours (4 days)
  1. All returns must be in un-opened original bundles/packaging.
  2. All returns must have been adequately covered or stored to be approved for return.
  3. All returns must be inspected and approved before a credit can be issued.
  4. Credit on approved returns will be sent via certified carrier in the the form of a check. 
  5. No Credits will be payed out in the form of debit and/or credit cards, direct deposit, money order or wire transfer.
  6. All returns must be accompanied by a full bill of lading reflecting the item inventory that is to be returned.
  7. All returns must be accompanied by a return materials authorization form.
  8. Credit will be issued within 90 days after Legacy Barn Company  receives, inspects, and approves the items for credit.
  9. Customer returning items will pay freight and pick up fee, at the time of arrival of the truck at the point of pick up.
  10. Pick up fee for bundled material is $500. Freight per mile is $4.50. Local pickups (anything 50 miles or less from Tahlequah, Ok.) will result in a flat freight fee of $225.
  11. Any items may be denied loading if they cannot be secured properly to the freight vehicle. No credit will be issued for those items.
  12. If one item within a bundle or a package is determined to be non-returnable then the whole package or bundle maybe considered non returnable.
  13. This policy excludes warrantied items on completed buildings. No monetary refund will be given in the case of a warranty issue when an exchange will suffice.
  14. Original freight bill for the initial delivery or "monies" applied will not be refunded.

This policy is subject to change at anytime without notice. All decisions are based on a case by case basis, therefore, all decisions regarding returns are made at the sole discretion of Legacy Barn Company , LLC. 

 

 

Last modified on Sunday, 15 January 2017 14:34
More in this category: « Website Terms and Conditions
Login to post comments