Terms & Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Tubular Building Systems website operated by Tubular Building Systems (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the service.

Terms and Conditions from Tubular Building Systems

Changes to the Tubular Building Systems Website

You agree and understand that any and all features available through Tubular Building Systems and any User Content (as defined below), is modifiable by us, in our sole discretion, at any time without any prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to Tubular Building Systems implemented after your initial access to the website shall be subject to these Terms of Use. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, user profile information, sounds, photographs, graphics, video, messages or other materials made available through Tubular Building Systems by any User. However, we reserve the right to inspect and take suitable action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use, terminating the registration of such violators or blocking such violators’ from the use of Tubular Building Systems.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to):

• Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of Tubular Building Systems, except and to the extent expressly permitted under these Terms of Use;
• Remove any copyright, trademark or other proprietary rights notice included in or on Tubular Building Systems;
• Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Tubular Building Systems;
• Gather any information about other Users (including usernames and/or email addresses) for any purpose;
• Reformat or frame any portion of any web pages that are part of Tubular Building Systems;
• Make user accounts by automated means or under false or fraudulent pretences;
• Create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of Tubular Building Systems;
• Submit to Tubular Building Systems any false content that states or implies that such content is sponsored or endorsed by us;
• Transmit or upload to Tubular Building Systems any piece containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to harm or degrade in any manner the performance of Tubular Building Systems, any other website, or any computer or other device or system, or the enjoyment of Tubular Building Systems by any User;
• Use Tubular Building Systems to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
• Submit to Tubular Building Systems any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use Tubular Building Systems to transfer or store illegal material, including any material deemed threatening or obscene;
• Copy or store any User Content available on Tubular Building Systems other than for your personal, non-commercial use;
• Take any action that imposes, or may impose, in our sole discretion, an unreasonable large load on Tubular Building Systems or the IT infrastructure used to operate and make Tubular Building Systems available;
• Use Tubular Building Systems and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law;
• Gather or store personal data about other Users in connection with the prohibited activities described in this paragraph.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Tubular Building Systems. Tubular Building Systems has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Tubular Building Systems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Ownership

As between you and us, the Tubular Building Systems website, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Tubular Building Systems website, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors. Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on Tubular Building Systems are the proprietary property of Tubular Building Systems or our respective licensors, as applicable. None of such marks must be used in connection with any other product or service, in any manner that might cause confusion among consumers, or to discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on Tubular Building Systems are the property of their respective owners. You are not allowed to use, copy, modify or display any of the trademarks, service marks, images, names or logos appearing on Tubular Building Systems without the express written permission of the copyright or trademark owner. Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Disclaimer

YOU EXPLICITLY AGREE THAT YOUR USE OF THE TUBULAR BUILDING SYSTEMS WEBSITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON Tubular Building Systems, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE TUBULAR BUILDING SYSTEMS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE TUBULAR BUILDING SYSTEMS, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE TUBULAR BUILDING SYSTEMS WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE TUBULAR BUILDING SYSTEMS WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE TUBULAR BUILDING SYSTEMS WEBSITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE TUBULAR BUILDING SYSTEMS WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE TUBULAR BUILDING SYSTEMS WEBSITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE TUBULAR BUILDING SYSTEMS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Tubular Building Systems reserves the right to cancel any orders placed for products and/or services where the sale or use of such product and/or service in your State is restricted or prohibited. In case of any pricing error on Tubular Building Systems, Tubular Building Systems holds the right to cancel such orders. With the aim of properly serving all customers, Tubular Building Systems reserves the right to limit quantities on some goods or structures. In this case, only one (1) of this limited quantity items will be placed in your shopping cart. Further, Tubular Building Systems reserves the right to cancel multiple orders of the limited quantity products purchased by the same User and/or shipped to the same delivery address. Tubular Building Systems may show visual representations of products sold through Tubular Building Systems. Tubular Building Systems tries to display the colors of the products shown on Tubular Building Systems as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as it is dependent upon the monitor used by you.

Additional Order Agreement Terms & Conditions

Terms & Conditions executed at acceptance of the contract are the legal and binding documents. The following is intended to be a representation of what you may find contained within the Terms & Conditions of your written and signed contract and is not intended to represent a contract in whole or the Terms & Conditions of a contract in its entirety. Nothing represented on this website or contained within any digital media is ever intended to supersede your written signed contract.

Rejection of Order and Cancellation of Contract

The Order and the Contract are not subject to cancellation or termination by the Customer. If Customer elects not to take delivery of the Metal Structure, written notification must be provided to TBS, and TBS will determine, in its sole discretion, the amount then due by the Customer, which depending upon when notice from the Customer has been received, maybe the entire Balance Due, along with tax, storage costs, freight costs, material handlings costs, direct costs, etc. up to the point of cancellation or some lesser amount as determined by TBS and consistent with its normal cancellation policy, and may also include a restocking or other cancellation fee. TBS reserves the right to reject or cancel the contract in its entirety.

Legal Authority for Installation

Buyer must obtain every permit or other authorization required for lawful erection of the Unit on the site designated by Buyer, before installation of the Unit. Tubular Building Systems will install the Unit on the site designated by Buyer upon the property specified; BUT, if Tubular Building Systems delivers the unassembled Unit and installation is not completed due to Buyer’s breach by failure to obtain any required permit or by failure adequately to prepare the site, including location of underground utilities, Tubular Building Systems may, in its sole discretion, terminate this contract and retain Buyer’s deposit as liquidated damage for Buyer’s breach, or seek to recover additional costs that Tubular Building Systems may have incurred. All pricing for “Certified” structures assumes standard low wind speed, snow, and engineering requirements for your state; additional fees may apply, if your specific locality requires extraordinary specifications or documentation. All Florida installations are performed by Tubular Building Systems, LLC.. CGC1533634

Site Preparation

Before delivery of the product, Buyer shall designate a site on the property identified as the Location and prepare such site for installation of the Unit. Site preparation shall include making the site level, locating all underground utilities below the site, and any other improvement reasonably necessary. In case the site is not prepared or suitable for installation, Tubular Building Systems may, at its option, terminate this contract and retain Buyer’s deposit as liquidated damage for Buyer’s breach, or make such further improvements as may be reasonably necessary. If Tubular Building Systems makes further improvements to the site, Buyer agrees to pay the reasonable cost thereof upon completion. If the site is not prepared and level, or if installation cannot be completed due to unreachability, there will be a return trip fee charged of a minimum of $500 or 10% of the cost of the building, whichever is larger.

Scheduling Delivery and Installation

Tubular Building Systems will make an effort to deliver and install the Unit within 4-6 weeks after being notified that permits are in place and the jobsite is ready. In no event will Tubular Building Systems be accountable for any damage or consequential damages resulting from any delay in delivery or installation of the Unit. As with any scheduled service, certain delays may be outside of Tubular Building Systems’ control, including but not limited to weather, road congestion, mechanical failure, or crew personal issues.

Change Orders

No change in the Unit or its specifications is binding on Tubular Building Systems unless requested by Buyer’s written change order and approved in writing by Tubular Building Systems. Any change requested by Buyer constitutes the Buyer’s consent to resulting changes in the Price.

Limited Warranty

As to all Units, Tubular Building Systems warrants that its installation of the Unit will have a one year workmanship warranty. Any other warranty that applies to the Metal Structure is provided by the manufacturer of the component, ie: roll door, walk door, window etc. TBS makes no other warranties to customer, express or implied. Any alteration or abuse of the Unit shall cancel all such limited warranties. TUBULAR BUILDING SYSTEMS’ LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT, AT TUBULAR BUILDING SYSTEMS’ OPTION, OF THE UNIT. TUBULAR BUILDING SYSTEMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY STATED HEREIN. TUBULAR BUILDING SYSTEMS MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TO ANY OTHER PROPERTY.

Payment Terms

At the time of installation, Buyer agrees to pay the Retail Price and applicable sales taxes, including any increase for any Change Order, in full. Any order balance after initial deposit paid with credit card is subject to a minimum 3% processing fee. If any payment tendered by Buyer is dishonored for any reason, remaining balance due is instantly and if not paid in full, Buyer agrees that, at Manufacturer’s option, Manufacturer may enter Buyer’s property, take down and remove the Unit, and recollect Buyer’s deposit as liquidated damages. If Manufacturer refers collection hereunder to an attorney or collection agency, Buyer agrees to pay Manufacturer’s reasonable attorney fees and expenses.

Check Policy

If your check is returned NSF it will be re-presented electronically and you will be assessed a processing fee as allowed by law, which is no less than $30. The check writer is also responsible for all other collection costs including attorney’s fees, court costs and taxes as well as any other amounts allowed by law.

Promotions

From time to time, Tubular Building Systems may offer promotions or specials that are only available for orders placed within a specific time frame or that meet other qualifications. All offers are void where prohibited and may be cancelled at any time.

Regional Availability

Not all prices are available in all areas based on design and governmental restrictions, and prices may differ depending on how you purchase.

Sales Tax

In addition to the purchase price on all orders, sales tax will be collected, unless an exemption is provided by Buyer in writing in a form that is acceptable to the local sales tax authority. Sales tax will be charged on the full retail price of the unit.

Additional Terms

Your specific order or transaction may be subject to additional terms and conditions from those contained herein that will be presented to you in addition to these terms. These additional terms will be additive to the terms presented herein, and not in place of.

Disputes

This agreement will be construed, interpreted, and applied according to the law of Florida. The venue shall be in Columbia County, Florida. Buyer agrees to waive their rights to a trial by jury of all legal and equitable issues that may arise out of or in connection with this agreement. In the event of any litigation arising from or related to this Agreement, or the services provided under this agreement the prevailing party as determined by the court shall be entitled to recover for the non-prevailing party all reasonable costs incurred, including staff time, court cost, attorney’s fees, pre and post-judgment interest and other related expenses in such litigation.

Improperly Filed Claims

All claims you bring against us must be fixed in accordance with this Disputes Section. All claims filed or brought contrary to the Disputes Section shall be considered inappropriately filed. Should you file a claim contrary to the Disputes Section, we may recover attorneys’ fees as well as other costs up to $10,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Waiver and Severability

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the court or arbitrator will endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Entire Agreement Assignment

These Terms and Conditions signify the entire agreement between you and Tubular Building Systems with regard to their subject matter and replace all prior agreements and representations. In the event of any conflict between these Terms and Conditions and any instructions or guidelines included on Tubular Building Systems, these Terms and Conditions shall control. You may not assign your user account or your rights and obligations under this agreement without our express written consent.

Contact Us

If you have any questions about these Terms, please contact us.

Tubular Building Systems

• Business Phone: 386-961-0006
• Email: tubularbuildingsystems@gmail.com
• Address- 631 SE Industrial Circle
• Lake City, FL 32025