Up to 15% OFF Metal Buildings, Sheds & Carports

CALL 386-339-1676

Terms & Conditions for Purchase

 

This agreement between Keen’s Portable Buildings, Inc. (“KEEN’S”) and Buyer is subject to all of the following terms and conditions:

INSTALLATION SITE: Buyer will provide clear, unobstructed access to the installation site and the site will be free of hedges, trees, overhead limbs, sprinkler heads, septic tanks, drain fields, underground pipes, waterlines, utility lines, gas lines, phone lines, cable lines, internet lines, fences, or any other obstructions. KEEN’S, and its agents and employees shall not be responsible for any damage to the installation site. The Buyer is solely responsible for obtaining any required government licensing, permits, or approval.

DELIVERY: Keen’s Portable Buildings agrees to deliver the purchased merchandise to the location specified.  Buyer agrees that no signature is required by Buyer as delivery confirmation unless agreed in advance in writing and signed by both KEEN’S and Buyer. Delivery dates specified are desired and not promised dates, however, KEEN’S will make all reasonable efforts to adhere to the delivery dates furnished by the Buyer. KEEN’S shall not be liable for any damages, loss, or expense of the Buyer for failure to comply with any shipping or delivery dates for any reason whatsoever.

PAYMENT: Buyer agrees to purchase the merchandise specified, at the price specified, to accept delivery, and to make payment of the unpaid balance due as. Any deposit made by Buyer shall be applied against the purchase price of said merchandise and/or product, however, should Buyer fail to accept delivery of or pay for merchandise as provided, KEEN’S shall retain Buyer’s deposit, in it’s entirety, as compensation for expenses incurred in connection with this sale. Buyer agrees not to attempt to stop payment nor to “Charge Back” any amounts charged on a credit or debit card, to KEEN’S for any reason whatsoever, including but not limited to any shipping problem, incident, delay, non-delivery, or any other delivery issue, construction or manufacturing issues, etc. The Buyer further agrees that a stop payment order after the merchandise has been delivered by KEEN’S shall be considered prima-facie evidence of intent on the part of the Buyer to defraud KEEN’S at the time of delivery of the check.

WARRANTY: MANUFACTURERE provides all warranties, if any, on product or merchandise. CONTRACTOR provides warranties, if any, on the assembly and construction of product or merchandise. KEEN’s does not and has not warranted the product/merchandise or assembly/construction of product/merchandise in any manner whatsoever. KEEN’S expressly disclaims any and all warranties, whether express or implied, or in strict liability, including but not limited to the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. Under no circumstances whatsoever shall Seller be liable for consequential damages, including but not limited to loss of profits (whether in contract or tort).

HOLD HARMLESS AND INDEMINIFICATION: Buy understands that KEEN’S is not responsible for the manufacture of product/merchandise or for the construction or assembly of product/merchandise. Therefore, Buyer agrees to hold KEEN’S harmless for any defect related to the manufacturing of the product/merchandise or its assembly and/or installation/construction. Should KEEN’S be held liable for any defect relation to the manufacturing of the product/merchandise or its assembly and/or installation/construction Buyer shall indemnify KEEN’S for all related costs, damages, attorney’s fees.

MISCELLANEOUS PROVISIONS FOR DISPUTES: In the event of any controversy or claim between or among the parties hereto, but not limited to, those arising out of, or relating to, this agreement, including, but not limited to, any claim based on or arising from an alleged tort. Buyer and KEEN’S hereby agree that any action must and shall be brought exclusively in the state court of appropriate jurisdiction in Suwannee County, Florida. The Buyer and KEEN’S hereby waive, and agree not to assert, as a defense in any action, suite or proceeding for the interpretation or enforcement hereof, the he, she or it is not subject thereto to that such action, suite or proceeding many not be brought or is not maintainable in said courts or that the venue thereof may not be appropriate or that this agreement may no be enforced in or by said courts. Buyer and KEEN’S hereto waive any and all rights to trial by jury of all legal and equitable issues that may arise out of or in connection with this Agreement and all discussions, negotiations, events and transactions related thereto, and hereby elect for a trial by judge. In the event of any litigation arising from this agreement or in the event this contract is referred to an attorney for collection of any funds owed to KEEN’S by Buyer, the prevailing party shall be entitled, in addition to such damages and other relief as may be granted to recover reasonable attorney’s fee and costs, including attorney’s fees incurred on any appeal. Buyer waives the right to litigate any claim against KEEN’S as a member of a class or part of a class action, or to act as a private attorney general.

Scroll to Top