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Terms & Conditions

VERSATUBE’S TERMS AND CONDITIONS

 

1.  THESE TERMS AND CONDITIONS FOR THE ONLINE SALE OF PRODUCTS AND SERVICES (“TERMS”) CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

 

THESE TERMS REQUIRE THE USE OF ARBITRATION RATHER THAN JURY TRIALS TO RESOLVE DISPUTES.

 

BY SELECTING THE “I AGREE” BUTTON AT THE BOTTOM OF THESE TERMS YOU AGREE: (I) YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONSENT TO BE LEGALLY BOUND BY THESE TERMS; (II) YOU ARE SIGNING THESE TERMS ELECTRONICALLY; AND (III) YOU ACCEPT AND ARE BOUND BY THESE TERMS BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE (AS DEFINED BELOW).

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

 

These Terms apply to the purchase and sale of all products, including, components, parts, kits, spare and repair parts, and other items (“Product(s)”) manufactured solely by Mid-South Metal Products, Inc. d/b/a VersaTube Building Systems (referred to as “VersaTube”, “us”, “we”, or “our” as the context may require) through www.versatube.com (the “Site”).  Certain engineering services provided by third-parties may be purchased through the Site at additional costs.  You agree that VersaTube shall not in any way be responsible for such engineering services provided by third parties.  The lead time to perform engineering services ranges between twenty (20) to sixty (60) days.  Please note that such engineering services may only be purchased at the time the Product is purchased. 

 

These Terms are an integral part, and apply to the use, of our Site. You should also carefully review our Privacy Policy before placing an order for Products or services through this Site (see Section 11).

 

2.  Order Acceptance, Cancellation, and Returns. You agree that your order is an offer to buy, under these Terms, all Products and services listed in your order and available through the Site. All orders must be accepted by us or we will not be obligated to sell the Products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between VersaTube and you will not take place unless and until you have received your order confirmation e-mail.   You will have twenty (20) days after your order has been produced to take delivery of the Products, or your deposit and/or payment will be forfeited. 

 

You have the option to cancel your order at any time within 24 hours of placing an order with no cancellation charge.  After 24 hours, you will be charged a thirty-five percent (35%) cancellation fee based on the value of your order if your order has not yet shipped. 

 

VersaTube offers a 15-calendar day limited return policy on all orders from the time you receive the Product provided that the Product ordered is in new and undamaged condition upon return and you ship the Product to us within said 15-calendar day period.  All Products must be palletized or bundled with secure strapping for return shipment at your cost.  You will be responsible for a thirty-five percent (35%) restocking fee plus all costs and expenses based on the value of your order for all return freight charges for any returned orders.  You bear the risk of loss or damage during return shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. If delivery is attempted but not accepted, no refunds will be permitted. 

 

3.  Prices and Payment Terms.

 

(a)  All prices posted on this Site are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or installation fees. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.  We offer free shipping on all Products purchased online; however it is your responsibility to unload the Product from the freight truck.  Free shipping does not include the delivery fees charged to remove the Product from the freight truck.  In select areas, we offer a premium delivery option for an additional charge.  This option includes offloading of the Product by a driver operating a forklift but not limited to a specific means of offload such as a forklift.   

 

(b)  Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, Discover, or American Express. You may also pay for your purchases via PayPal, electronic checks, or checks drawn from your checking, savings or business accounts.  Financing is available through our partner, bread (For further information, please see www.getbread.com ). You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

 

4.  Shipments; Delivery; Title and Risk of Loss; and Inspection.

 

(a)  We will arrange for shipment of the Products to the address or location you provide on your order. Please check the individual Product page for specific delivery options.

 

(b)  Title and risk of loss for the Products will pass to you upon delivery to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

 

(c)  You will be provided with a VersaTube Care Package to inventory component parts prior to delivery and installation.  Subject to the exclusions contained in Section 5(c) below of these Terms, for a period of 30 calendar days following delivery, defective or missing parts will be replaced at no charge and sent to you via ground delivery provided that you notify us immediately as described below. Overnight or express delivery of replacement components is available for an additional fee. Shipping damage must be reported to us within 3 calendar days of delivery.  VersaTube will not be held responsible for any shipping or material costs associated with the replacement of such parts if you fail to comply with the time limits set forth in this provision.    

Garage and building packages, some carport orders, and any additional items (such as sheet metal, doors, windows, and insulation) may ship and arrive in multiple shipments. They may be delivered by an LTL common carrier, flatbed truck, or a smaller trailer. VersaTube shall not be responsible for any restrictions due to geographic location, local covenants, neighborhood association laws, or any other restrictions that would prevent the delivery of your order.  You will be solely responsible for selecting appropriate site location for the Product, including, obtaining all permits or licenses, locating any gas, and cable or electrical lines.

We will attempt to coordinate multiple shipments to arrive within the same delivery window (if not on the same day). However, we cannot guarantee arrival times or same-day delivery of multiple shipments. You will receive a tracking number at the time of shipment to monitor your delivery time. Our freight carriers are instructed to call ahead to schedule a delivery appointment within 24 hours. If for some reason your shipment is undeliverable, storage charges and redelivery fees may apply. You will be responsible for rescheduling the delivery or re-routing the delivery to another location, as well as all additional costs or fees.

Further, we will not be responsible for any costs, liabilities, damages, or expenses for forklift rentals, installation (including, electrical and wiring installations), engineering and design services (including assessment and evaluation of load limits), lifting equipment, delivery delays or other damages, costs, expenses or liabilities resulting from, in connection with, or arising from the actions or omissions of third-party vendors.  You agree to release us from any and all such damages, costs, expenses or liabilities resulting from, in connection or arising from such services performed by such third-party vendors.  

Additional unloading options such as a lift gate for LTL deliveries, boom lift for sheet metal – are subject to local and regional availability, and will incur additional charges or fees. To avoid additional unloading fees, you may wish to pick up your delivery at the nearest freight terminal or at our factory, or arrange delivery to a local business that has unloading capabilities.  You agree to bear all applicable Tennessee or Arizona state sales taxes if you pick up the Product at our factory. 

You must identify any damage to your order on the bill of lading or delivery receipt. Before rejecting the shipment, immediately contact VersaTube’s Customer Service at 1-800-810-2993 and select option 2 for further instructions. VersaTube will not be held responsible for any freight or material costs associated with replacing damaged component(s) if (i) the damage is not noted on the bill of lading or delivery receipt at the time of delivery and (ii) you do not contact us as outlined herein.

5.  LIMITED WARRANTY.

 

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

 

WE WARRANT THAT DURING THE WARRANTY PERIOD, ONLY THOSE STEEL FRAMES MANUFACTURED SOLELY BY VERSATUBE  (EXCLUDING ANY COMPONENTS, PARTS, OR OTHER ITEMS MANUFACTURED BY THIRD PARTY VENDORS INCORPORATED INTO SUCH STEEL FRAMES, INCLUDING SHEET METAL) (“STEEL FRAMES”) PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP.  FOR THE PURPOSE OF CLARITY, THE WARRANTIES PROVIDED HEREUNDER SHALL NOT APPLY TO ANY OTHER PRODUCTS. 

  

OUR RESPONSIBILITY FOR DEFECTIVE STEEL FRAMES IS LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE FRAMES TO BE DETERMINED AT OUR SOLE DISCRETION.

 

(a)  Beneficiary of Warranty.

 

This limited warranty extends only to the original purchaser of steel frames ordered from the Site. It does not extend to any subsequent or other owners or transferees of such steel frames or any transferee or other beneficiary of the service.

 

(b) Warranty Coverage.

 

This limited warranty applies during the Warranty Period (as defined below) to defects in materials and workmanship in steel frames manufactured solely by VersaTube.

 

(c)  Exclusions

 

This limited warranty does not cover any defect or damage arising out of, in connection with or relating to:(i)  transportation; (ii)  storage; (iii)  improper or unauthorized use, assembly or installation (including failing to comply with relevant laws and regulations, including,  building code requirements, regulations, or permits); (iv)  failure to follow Product instructions or to perform any preventive maintenance; (v)  modifications; (vi)  combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by VersaTube; (vii)  unauthorized repair; (viii)  normal wear and tear; (ix)  external causes such as accidents, abuse, or other actions or events beyond our reasonable control; (x) actions or omissions of third party vendors; (xi) contact with vapor from waste and water mixtures, or solutions that may increase corrosion or rust, including, ammonia, chemicals and salt; (xii) animal confinement; or (xiii) sheet metals that are erected horizontally. 

 

(d) Customer’s Acknowledgement.

 

You agree to perform structural inspection and maintenance on a regular basis.  You also understand that every six (6) months silver or gray zinc coat spray paint should be used to cover any visible signs of rust, particularly weld seams, anchor heads and cut ends and that all welded locations on the frame and base rail anchor heads be sprayed with paint immediately following installation.  You understand that if the structure is erected in a high snow load area, you must clear the roof of accumulated snow and ice to prevent roof failure. 

 

(e)  Period of Coverage.

 

This limited warranty starts on the date of delivery of the steel frame purchased through the Site and lasts for 20 years (the “Warranty Period”). The Warranty Period is not extended if we repair or replace such steel frames or re-perform a warranted service.  Failure to unpackage framing components and sheet metal from the original packaging beyond a period of 30days can result in accelerated and rapid corrosion.  The completed frame structure with sheet metal and trim must be erected within thirty (30) days of delivery for the warranty provided herein to apply.  We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

 

(f)  Remedies Under This Warranty.

 

With respect to any defective steel frames that arises during the Warranty Period, we will, in our sole discretion and as your sole remedy, either repair or replace such steel frames free of charge. 

  

(g)  Obtaining Warranty Service.

 

To obtain warranty service, you must call 1-800-810-2993 and select option 2 or e-mail our Customer Service Department at [email protected] during the Warranty Period.  You must submit the original purchase receipt, purchase location, required customer information, photographs taken from different angles, and other relevant documentation to us for consideration and action.  Additional information may be requested or an on-site inspection by our representative may be required in order to properly assess your claim.  Versa Tube will decline any claim if you are unwilling to comply with our request for such documents and photos.

 (h)  Sole Remedy.

 

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.   

 

6.  Limitation of Liability.

 

(a)  IN NO EVENT SHALL VERSATUBE, ITS PARENTS, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT VERSATUBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

(b)  IN NO EVENT SHALL VERSATUBE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO VERSATUBE FOR THE PRODUCTS SOLD HEREUNDER. 

 

7.  Indemnification    To the maximum extent permitted under applicable law, you agree to fully indemnify, defend, and hold us, our agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs, attorneys’ fees and other expenses arising out of, relating to, or in connection with: (a) your breach or alleged breach of these Terms, (b) any allegation that any materials you submit to us or transmit through the Site actually or allegedly infringe the intellectual property rights of any third party, or (c) your negligence or willful misconduct. 

 

8.  Attorneys' Fees   In the event VersaTube is required to bring any action to enforce its rights under these Terms, VersaTube shall be entitled to all fees and expenses in bringing and pursuing such action, including, recovery of attorneys’ fees incurred to enforce the indemnity provision in Section 7 above or any other provision of these Terms.

 

9.  Products Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.  Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).

 

10.  Intellectual Property Use and Ownership. You acknowledge and agree that:

  

(a)  You will comply with all terms and conditions of specific license agreements, if any, for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed Products and services.

 

(b)  You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these Product and service license agreements.

 

(c)  VersaTube and its licensor(s) are and will remain the sole and exclusive owner(s) of all intellectual property rights in and to each Product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license, granted under the Product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or services made available through this Site or of any intellectual property rights relating to such Products or services.

 

11.  Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy available on our website at www.versatube.com governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

 

12.  Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

 

 

 13.  Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Tennessee.

 

14.  Dispute Resolution and Binding Arbitration.

 

(a)  ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN LAW OR EQUITY, EXCLUDING CLAIMS FOR INJUNCTIVE RELIEF, AND WHETHER PRE-EXISTING, PRESENT OR FUTURE) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

(b)  The arbitration will be conducted pursuant to the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”), then in effect, except as may be modified by this Section 14, before a single arbitrator, and in a location to be agreed to by the parties.  If the parties cannot agree upon a location within 15 days, the arbitration will be conducted in Davidson County, Tennessee, USA. The Federal Arbitration Act will govern the interpretation and enforcement of this section. Each party will bear the cost and expenses of AAA and of the arbitrator, and each party will bear its own costs and expenses; provided, however (1) that the failure by one party to pay its share of arbitration fees constitutes a waiver of such party's claim or defense in the arbitration, and (2) that the arbitrator may award attorneys' fees and costs to the substantially prevailing party.  In no event, will any party be awarded punitive or exemplary damage or any other damages not measured by the prevailing party's actual damages.  All arbitration proceedings shall be confidential, except to the extent that disclosure is necessary to enforce an arbitration award in a court of competent jurisdiction. 

(c)  In all other cases seeking injunctive relief, the parties agree and consent to exclusive jurisdiction of the circuit courts of Davidson County, Tennessee, or the U.S. District Court Middle District of Tennessee, as applicable.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

 

15.  Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 15 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

16.  No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of VersaTube.

 

17.  No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

18.  Severability. If any provision of these Terms is found to be unenforceable, the unenforceable provision will be severed and the remaining provisions of these Terms will remain valid and be enforced.

 

19.  Notices.

 

(a)  To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

 

(b)  To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to VersaTube Building Systems, Inc., 50 Eastley St., Collierville, TN 38017.  We may update our address for notices to us by posting a notice on the Site. Notices provided by personal delivery, overnight courier or registered or certified mail will be effective upon confirmed receipt.

 

20.  Entire Agreement. Our order confirmation, these Terms, the license agreement, if any, relating to any Product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

 
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