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Terms & Conditions

TERMS AND CONDITIONS

 

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

       

      BY AGREEING TO THESE TERMS YOU (REFERRED TO AS “CUSTOMER” OR “YOU” AS THE CONTEXT MAY REQUIRE) AGREE: (I) YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONSENT TO BE LEGALLY BOUND BY THESE TERMS; AND (II) YOU ACCEPT AND ARE BOUND BY THESE TERMS BY PLACING AN ORDER FOR PRODUCTS FROM OUR COMPANY

       

      YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS COMPANY 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 COMPANY’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”, “Company,” “us”, “we”, or “our” as the context may require).
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    • Order Acceptance, Cancellation, and Returns:
      1. You agree your order is an offer to buy, under these Terms, all products listed in your order and available to order. We may choose not to accept any orders in our sole discretion.
      2. After having received your order, we will send you a confirmation e-mail accepting your order number and details of the items you have ordered. Acceptance of your order is the formation of the contract of sale between VersaTube.
      3. If the products you have ordered are no longer in stock, or there is another issue with your order, you will receive notice that your order will need to be altered, canceled, or otherwise amended. VersaTube reserves the right to cancel any order at any time.
      4. 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, we reserve the right to charge a thirty-five percent (35%) cancellation fee based on the total value of your order.
      5. VersaTube offers a 15-calendar day limited return policy on all orders from the time you receive the product provided the product ordered is in new and undamaged conditionupon return (as reasonably determined by us after inspection of the returned product) and you ship the product to us within the 15-calendar day period.
        1. We reserve the right to charge a thirty-five percent (35%) restocking fee for any returned orders. The difference between the price paid and the restocking fee, and any other deduction, will be refunded to you in the way you paid for the item originally, unless not administratively feasible.
        2. You are responsible for the cost of returning the product to the location from where the product shipped, including any packaging material required to prevent damage during shipping.
        3. You bear the risk of loss or damage during return shipment. We therefore strongly recommend you fully insure your return shipment against loss or damage, and you use a carrier which can provide you with proof of delivery for your protection.
        4. If delivery is not accepted by VersaTube, no refunds will be issued. We will communicate to you in the event this occurs.
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    • Prices and Payment Terms:
      1. All prices posted by us 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.
      2. 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 receipt and in your order confirmation e-mail, if applicable.
      3. 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.
      4. You must redeem any online promotion codes, coupons, military discounts, or other discounts at the time of purchase. VersaTube will not honor any online promotion codes, coupons, or other discounts after the sale is completed. Sales tax, shipping & handling charges do not qualify for discount.
      5. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us and have cleared our bank account before an order is finalized and produced.
        1. We accept Visa, Mastercard, Discover, or American Express. You may also pay for your purchases via PayPal, or with financing as described below. In our sole discretion, we may accept personal checks or business checks.
          1. Financing may be available through ourthird party service provider, Bread Financial. (For further information, please see www.getbread.com). You agree VersaTube shall not in any way be responsible for any act or omission of Bread Financial.
          2. You represent and warrant the following:
            1. the credit card information you supply to us is true, correct and complete,
            2. you are duly authorized to use such credit card for the purchase,
            3. charges incurred by you will be honored by your credit card company, and
            4. you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
      6. VersaTube will calculate and collect sales or use tax in every jurisdiction as currently required by state and local law. You agree to pay these taxes unless you have provided us, at the point of sale, with a valid exemption resale certificate in the appropriate form for the jurisdiction of your place of business.VersaTube will not honor tax exemption certificates provided after the sale is completed.
      7. For those areas in which VersaTube has not established nexus, all prices quoted are exclusive of all taxes including, but not limited to, federal, state, provincial and local sales, excise, value added, goods and services taxes and any other taxes. You agree to indemnify and hold us harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon.
      8. When applicable, transportation and taxes shall appear as separate items on our invoice.
      9. Customer agrees to pay, or reimburse us for, all costs of collection, including actual out-of-pocket attorneys’ fees and expenses, the fees and expenses of any collection agency, and other collection costs.
      10. Any credit terms provided by VersaTube may be changed or eliminated at any time if your creditworthiness changes. At its option at any time, VersaTube may require a guarantor of your account.
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    • Shipments, Delivery, Title, Risk of Loss, and Inspection:
      1. In most cases, we will arrange for shipping of products purchased from us. It is your responsibility, however, to unload the product from the freight truck.
        1. In select areas, we offer a premium delivery option for some products, for an additional charge. This option may include offloading services at your location. Contact VersaTube’s Customer Service at 1-800-810-2993 for additional information about the premium delivery option.
        2. 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 which has unloading capabilities.
        3. Overnight or express delivery of components may be available for an additional fee.Contact VersaTube’s Customer Service at 1-800-810-2993 for additional information.
      2. Unless otherwise noted, the order will ship FOB destination, meaning title and risk of loss for the products ordered will pass to you upon delivery to you.
      3. If you arrange delivery of the products without the assistance of VersaTube, title shall pass to you at the time product is received by your carrier.
        1. CUSTOMER PICK UP: Please note any customers who pick up their order directly from our warehouse will have the risk of loss passed to them at the time of product acceptance (i.e., taken from our premises).You agree to bear all applicable Tennessee, Arizona, Indiana, or Idaho state sales taxes if you pick up the product at our factory.
      4. Lead times, shipping and delivery dates provided are estimates only and cannot be guaranteed, therefore, we are not liable for any delays in shipments.
      5. You will be provided with a VersaTube care package to inventory component parts prior to delivery and installation.
      6. Subject to the exclusions contained in Section 6 below, for a period of thirty (30) calendar days following delivery, defective or missing parts will be replaced at no charge and sent to you via ground delivery provided you notify us within thirty (30) calendar days after delivery.
      7. Most shipments are delivered by an LTL common carrier using standard trailers. Some shipments may require a flatbed truck. VersaTube will determine the appropriate delivery vehicle in its sole discretion.
        1. If your destination cannot accommodate the delivery vehicle, you will be responsible for providing an alternate delivery location, or arranging pick up at the nearest terminal, in which case redelivery fees and storage charges may apply.
        2. VersaTube shall not be responsible for any losses, costs or damages due to geographic location, local covenants, neighborhood association rules, or any other restrictions (such as dirt roads, wooden bridges, or low power lines) which delay or prevent the delivery of your order.
        3. You will be solely responsible for selecting appropriate site location for the product, including obtaining all required permits or licenses and locating any gas, cable or electrical lines.
      8. We will attempt to coordinate multiple shipments to arrive within the same delivery window. However, we cannot guarantee arrival times or same-day delivery of multiple shipments.
        1. You will receive a tracking number at the time of shipment to monitor your delivery time.
        2. If for some reason your shipment is undeliverable, storage charges and redelivery fees may apply.
        3. You will be responsible for rescheduling the delivery or rerouting the delivery to another location, as well as all additional costs or fees.
        4. Certain accessories such as sheet metal may be drop-shipped by the manufacturer of that product. We cannot always control the timing of these shipments but as noted above, will attempt to coordinate the shipping with you directly.
      9. Shipping damage must be reported to us within three (3) calendar days of delivery.
        1. 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.
        2. You must identify any damage to your order on the bill of lading or delivery receipt.If damage is suspected due to outside appearance of pallet wrap or otherwise, you must note on the bill of lading that your acceptance of the order is “subject to concealed or hidden damage.”
        3. VersaTube will not be held responsible for any freight or material costs associated with replacing damaged component(s) if:
          1. The damage is not noted on the bill of lading or delivery receipt at the time of delivery and
          2. You do not contact us as outlined herein.
      10. Before rejecting a shipment, immediately contact VersaTube’s Customer Service at 1-800-810-2993.
      11. If orders are not shipped or picked up by you within seven (7)business days, VersaTube has the option to restock the unit with the thirty fivepercent (35%) restocking fee and return the remaining payment to you via the payment method used at the time of purchase. We will communicate in writing to you via email or post before any restocking is performed.
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    • Third-Party Products and Services:
      1. Certain engineering services provided by thirdparties may be purchased through VersaTube for an additional cost. You agree 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) and sixty (60) business days.
      2. VersaTube will honor a request to delay production of products for up to ninety (90) days after completion of the applicable engineering plans to allow time for Customer to obtain any required governmental approvals of the engineering plans. Any such request must be made at least five (5) days prior to VersaTube’s scheduled date for production of the products. After the 90-day period, the products will be produced and shipped in accordance with VersaTube’s usual procedures. Customer acknowledges and agrees that the price for the products is subject to change during the 90-day period.
      3. Please refer to the VersaTube Engineering Order Form for certified stamped engineering plans. VersaTube is not responsible for any local rules or requirements that may affect Customer’s ability or right to install or use the products, including obtaining any permits and compliance with any building codes, subdivision rules, homeowner association rules, and similar restrictions. VersaTube is not responsible for any property conditions or restrictions that may affect Customer’s ability or right to install or use the products, including deed restrictions, real estate covenants,soil conditions, right of way restrictions, or setback restrictions. VersaTube is not responsible for any delay or inability to install or use the products due to cables, water lines, sewer lines, gas lines, or other utility lines, or because of the presence of tree canopies or roots, or any other above-ground or underground conditions. You are solely responsible for all of the foregoing matters, and you assume the risk that you may not be able to use the products because of any of the foregoing matters.
      4. Stem walls and concrete foundations must be built in compliance with local building code requirements and in accordance with design specifications provided by VersaTube for the applicable framing system or structure being constructed. You acknowledge that any pre-existing stem wall or concrete foundation may not be suitable for the framing system or structure being constructed.
      5. VersaTube is not responsible for any matters relating to installation of the products. Due to potential delivery delays, we recommend scheduling installation only after receipt of all ordered products.
      6. 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 and on-site inspections), 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 all such damages, costs, expenses, or liabilities resulting from, in connection or arising from such services performed by such third-party vendors.
      7. You acknowledge that local building codes and requirements are subject to change at any time. You acknowledge that information provided on our website, or otherwise made available to you, may be outdated. You are solely responsible for any additional parts, bracing, drawing changes, or other matters that may be required because of local building codes or requirements.
      8. If you request the production of a product before the stamped engineering plans are finalized, you are solely responsible for any costs, liabilities or losses resulting from differences between the preliminary engineering plans and the final engineering plans.
      9. You acknowledge that local rules may require Ground Rebar anchors to be set in concrete piers and/or accompanied by additional cabling anchoring (such as Bill Anchors). You are solely responsible for complying with any such local rules.
      10. Other items, such as sheet metal, windows, doors, and trim may be ordered by us on your behalf. Those items may have a separate and distinct warranty which will be disclosed upon request fromthe item manufacturer. See the limited warranty and exclusions in Sections 6 and 7, below.
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    • Limited Warranty:
      1. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
        1. 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 COMPANY WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP.
        2. THE WARRANTIES PROVIDED HEREUNDER SHALL NOT APPLY TO ANY OTHER PRODUCTS.
        3. OUR RESPONSIBILITY FOR DEFECTIVE STEEL FRAMES IS LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF THE FRAMES TO BE DETERMINED AT OUR SOLE DISCRETION.
      2. Beneficiary of Warranty: This limited warranty extends only to the original purchaser of steel frames ordered from the company. 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.
      3. 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.
      4. Warranty Exclusions: This limited warranty does not cover any defect, rusting, rust spots or damage arising out of, in connection with or relating to:
        1. Failure to remove metal shavings produced by self-tapping screws during installation of sheet metal panels (which may promote rust spots);
        2. Improper transportation or storage;
        3. Improper or unauthorized use, assembly, or installation (including failing to comply with relevant laws and regulations, including, building code requirements, regulations, or permits);
        4. Failure to follow product instructions or to perform any preventive maintenance;
        5. Modifications not authorized by VersaTube in writing;
        6. Combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by VersaTube;
        7. Unauthorized repair;
        8. Normal wear and tear;
        9. External causes such as accidents, abuse, or other actions or events beyond our reasonable control;
        10. Actions or omissions of third-party vendors;
        11. Contact with vapor from waste and water mixtures, or solutions which may increase corrosion or rust, including, ammonia, chemicals and salt;
        12. Animal confinement; or
        13. Sheet metals erected horizontally.
      5. Customer’s Acknowledgement: You agree toperform structural inspection and maintenance on a regular basis. You agree to remove from the exterior surface of the sheet metal any metal shavings produced by self-tapping screws. You also understand that silver or gray zinc coat spray paint should be applied every six (6) months to cover any visible signs of rust, particularly weld seams, anchor heads and cut ends. All welded locations on the frame and base rail anchor heads should be sprayed with paint immediately following installation. You understand 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.
      6. Period of Coverage: This limited warranty starts on the date of delivery of the steel frame purchased through our company 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 thirty (30)days 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.
      7. You acknowledge that truss members (including framing) should not be left unattended unless sheet metal has been applied or proper support is in place to prevent truss members from topplingor breaking. Replacement parts cost arising from such an event will be the responsibility of the customer.
      8. Remedies Under This Warranty: With respect to any defective steel frames which 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.
      9. Obtaining Warranty Service: To obtain warranty service, you must call 1-800-810-2993 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 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.
      10. 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
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    • Limitation of Liability:
      1. 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.
      2. 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.
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    • Disclaimer of Liability for Misuse:
      1. The individual components and accessories are designed to be assembled as a complete framing system per Company specifications. Components which are manipulated, eliminated, or utilized in any manner outside the standard design of a Company structure can cause the unit and/or structure not to perform correctly, fail, and/or cause personal injury or death. It is the buyer(s), end user(s), and/or installer(s) sole responsibility to determine the specific building code requirements applicable in the city and/or county of the state in which his/her intended use of the product and/or components are erected; and to ensure the product is installed with adequate materials and in such a manner as to comply with those codes. Eliminating components or choosing not to utilize components required within the structure may impair the structure’s ability to meet specified and required by local building codes. Any departure from the Company provided instructions will void any warranty provided by the Company, and all liability from the use of an improperly constructed or modified structure will be the responsibility of the buyer(s), end user(s) and/or installer(s).
      2. Any other structural modification not approved by the Company, including adding extension pieces to increase the “width”, “length”, and/ or “height” of an existing structure, utilizing parts not produced by the Company, or otherwise changing the structure beyond its structural capability may impair its ability to meet sufficient load requirements and/or performance under that load rating required by the local building code. This may cause the unit to fail and cause harm to surrounding contents and/or property, cause personal injury and/or death. Any departure from the Company provided instructions will void any warranty provided by the Company and all liability from the structure will be the responsibility of the buyer(s), end user(s) and/or installer(s).
      3. VersaTube parts and components have been designed to work with only VersaTube products. VersaTube parts and components may not integrate with or attach to other structures, supports, or brackets. All parts orders are final and are non-returnable and non-refundable.
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    • 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 all claims, damages, losses, costs, attorneys’ fees and other expenses arising out of, relating to, or in connection with:
      1. Your breach or alleged breach of these Terms;
      2. Any actions or inactions by you that would void the Product Warranty as set forth in Section 8 or otherwise;
      3. Personal injury or death, or destruction of any property caused by your/ the end user (or your direct or indirect employees’) conduct, actions (or inaction), performance (or failure to perform) and/or negligence with regard to the transportation, construction, resale or other use of materials or products supplied by the Company;
      4. Any allegation any materials you submit to us or transmit through the companyor allegedly infringe the intellectual property rights of any third party; or
      5. Your negligence or willful misconduct.
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    • Attorneys' Fees: If VersaTube brings any action to enforce its rights under these Terms, VersaTube shall be entitled to recover all fees and expenses in bringing and pursuing such action, including attorneys’ fees incurred to enforce the indemnity provision in Section 7 above or any other provision of these Terms.
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    • 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 you are buying products or services from the company for your own personal or household use only, and not for resale or export. Products and services purchased from the company 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”).
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    • Intellectual Property Use and Ownership: You acknowledge and agree with the following:
      1. You will comply with all terms and conditions of specific license agreements, if any, for any product or service you obtain through this company, 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.
      2. You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these Product and service license agreements.
      3. 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 by our company 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 our company or of any intellectual property rights relating to such products or services.
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    • 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 website (if applicable).
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    • 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.
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    • 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) which would cause the application of the laws of any jurisdiction other than those of the State of Tennessee.
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    • Dispute Resolution and Binding Arbitration:
      1. 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 OUR COMPANY, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
      2. 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 Fourteen (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 fifteen (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 incurred underthe AAA and of the arbitrator, and each party will bear its own costs and expenses; provided, however:
        1. 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. 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 disclosure is necessary to enforce an arbitration award in a court of competent jurisdiction.
        3. 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.
      3. 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 which 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.
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    • 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 Fourteen (14) is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
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    • No Waivers: The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of the 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.
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    • No Third-Party Beneficiaries: These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
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    • 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.
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    • Notices:
      1. To You. We may provide any notice to you under these Terms by:
        1. Sending a message to the e-mail address you provide or
        2. 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.
      2. To Us. To give us notice under these Terms, you must contact us as follows:
        1. 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 website www.versatube.com. Notices provided by personal delivery, overnight courier or registered or certified mail will be effective upon confirmed receipt.
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    • Entire Agreement:Order confirmations and these Terms relate to any product or service you obtain through our companyand will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
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(REV. 10/2022)

 

 
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