| p>Some metal building manufacturers require | | | | property...including claims or actions founded in whole |
| customers to sign lengthy contracts with confusing | | | | or in part upon the alleged acts, omissions or |
| terms and conditions written in hard-to-read fine print | | | | negligence of seller, seller's representatives, or the |
| and confusing terms. These contracts are not | | | | employees, agents, invitees, or licensees thereof." |
| designed to protect you, the customer. They are | | | | What They Really Mean: This requires you, the |
| solely for the manufacturer's benefit. You need to | | | | customer, to pay the manufacturer for all expenses |
| ask yourself, "What are they afraid of?" | | | | including lawsuits incurred by the manufacturer from |
| If you need to hire a lawyer to read and explain the | | | | the manufacturer's own mistakes and negligence. |
| contract before you sign it, you should think twice | | | | Our Advice: Never agree to this. This provision is not |
| before you purchase a building from the same | | | | only unfair, but it could wipe you out financially. This |
| company that gives you an incomprehensible | | | | means that you will have to pay the manufacturer |
| one-sided contract. | | | | for all losses it incurs and in any amount, even if the |
| Before you do anything, ask to see a copy of their | | | | losses are caused by the manufacturer or its friends. |
| contract. If they won't show it to you, ask yourself, | | | | The Incredible Vanishing Product Warranty |
| "Is this the right company for me?" If they do share | | | | Fine Print: "Seller warrants only that its products are |
| it, do you understand it? Is it clear? Do you need a | | | | free from defects in materials and workmanship on |
| magnifying glass to read it? Why do they treat you | | | | the date of shipment from its plant. The Seller's |
| like the enemy? | | | | obligations under this warranty shall be limited to |
| You are a valued customer and should be treated like | | | | repairing or replacing (but not dismantling and |
| one. Below are some examples of the "fine print" | | | | installing) such products which prove to be defective |
| from an actual contract so you can learn what the | | | | within one (1) year from the date of the original |
| legal pitfalls are in the steel building industry and how | | | | shipment by Seller, provided, however, Buyer has |
| to avoid them. | | | | performed maintenance for the general upkeep of |
| Stay Off Purchase Price Escalator | | | | the building. Any products repaired or replaced shall |
| Fine Print: "Further, buyer hereby agrees and | | | | be subject to warranty only for the remainder of the |
| stipulates that, in the event seller receives notification | | | | time applicable to the original warranty period. There |
| of a scheduled price increase from any of its | | | | are no other warranties, expressed or implied, which |
| suppliers between the date of this agreement and | | | | extend beyond the description on the face of this |
| the date scheduled for delivery of the materials | | | | contract, including any warranties or merchantability |
| covered hereby, seller reserves the right, in its sole | | | | or fitness for a particular purpose, and in no instance |
| discretion, to increase the purchase price stated | | | | shall seller be responsible for any indirect or |
| herein in an amount corresponding to said price | | | | consequential damages or loss of any kind |
| increase." | | | | whatsoever." |
| What They Really Mean: The manufacturer can | | | | What They Really Mean: The manufacturer's |
| increase the previously agreed upon price at any | | | | warranty is for one year from the date of shipment |
| time, with no prior notice to, or recourse by, you. | | | | and there is no warranty for accessory parts, such |
| Our Advice: Never agree to this. Perhaps the | | | | as doors, hardware, windows and ventilators. |
| manufacturer's strategy is to bury this in the contract | | | | Our Advice: Many contracts limit the manufacturer's |
| hoping you will never read or understand it with the | | | | liability to a fraction of the building purchase price and |
| expectation of charging you more later. Run, don't | | | | require the buyer to release the manufacturer from |
| walk, from this steel building manufacturer. This is | | | | the manufacturer's negligence. The one year |
| unconscionable. | | | | warranty offered under this contract is not long |
| Fine Print: "In the event of cancellation or other | | | | enough. The manufacturer should stand behind its |
| breach of Buyer's obligations under this Contract, the | | | | product. You could wind up paying your hard earned |
| deposit, at minimum, shall be retained by Seller as | | | | dollars for your building and be left holding the bag if |
| liquidated damages to cover Seller's expenses of | | | | there is a problem with it. Ask for the warranty and |
| order processing, engineering, detailing, purchase of | | | | get it in writing. |
| material, fabrication, sales commissions and any | | | | We Can Make Your Life Miserable |
| applicable incidental, consequential and lost profits | | | | Fine Print: "The parties agree that all disputes or |
| damages; provided, however, that in no event will | | | | matters whatsoever arising under, in connection with |
| the amount payable by Buyer in connection with | | | | or incident to the Contract shall be litigated, if at all, in |
| same be less than $2,500.00." | | | | the District Court of [Name] County, [State], or if |
| What They Really Mean: You should have read and | | | | federal jurisdiction is mandatory, in the U.S. District |
| understood our contract before we pressured and | | | | Court for the District of [State] at [City]. Buyer |
| rushed you into signing it. Too bad, you lose your | | | | hereby waives any jurisdiction or venue objections |
| deposit if you don't do as we say. | | | | that Buyer may have to any such action or |
| Our Advice: Always read and understand any | | | | proceeding being brought in any such court." |
| contract before you sign it. If you need to take it to | | | | What They Really Mean: You can be sued by the |
| a lawyer first, ask the manufacturer if they will | | | | manufacturer in another state. This means that they |
| reimburse you. If you don't understand it, don't sign it. | | | | want to stack the deck against you, forcing you to |
| Beware the Up-Sell | | | | travel long distances to defend yourself or assert |
| Fine Print: "It is solely Buyer's responsibility to verify | | | | your rights. They are hoping you will give up first. |
| that the building codes stated on the front of the | | | | Our Advice: All of this adds up to great cost and |
| Purchase Order comply with local building and | | | | expense to you. Don't let them make your life |
| insurance codes. Buyer understands and agrees that | | | | miserable. Never agree to this. |
| local ordinances are outside of the scope of the | | | | First Thing We Do, Let's Kill all the Lawyers |
| Seller's knowledge and that Seller assures only that | | | | Fine Print: "In the event Buyer in any manner defaults |
| the building will meet specific loadings as stated in the | | | | or breaches the terms and conditions of this |
| Purchase Order." | | | | Contract, or threatens to do same, or in the event it |
| What They Really Mean: The manufacturer is saying | | | | becomes necessary for Seller to employ an attorney |
| it does not know if your building is designed and built | | | | to enforce any provision of this Contract, obtain |
| to comply with local wind, snow and seismic | | | | injunctive relief, collect damages on account of a |
| requirements because it is leaving that up to you to | | | | breach or threatened breach of this Contract, or if |
| figure it out. | | | | Seller prevails in a tort action commenced by Buyer. |
| Our Advice: This can be a costly provision for you, | | | | Buyer shall pay to Seller, Seller's attorney fees and |
| the customer. You are relying on the manufacturer | | | | costs." |
| to design the building to meet your local, wind, snow | | | | What They Really Mean: You have to pay the |
| and seismic requirements. This information is readily | | | | manufacturer's attorneys fees when they hire a |
| available to the manufacturer. Don't let them shift | | | | lawyer. |
| that burden to you. The manufacturer is the expert, | | | | Our Advice: This is a costly provision for you, the |
| why should you be responsible. That is what you are | | | | customer. The manufacturer will often use this as |
| paying them for. When you finally figure out that the | | | | leverage to get you, the customer, to drop legitimate |
| specified snow load of the building does not meet | | | | claims to avoid the risk of paying its exorbitant legal |
| your requirements, it will often cost you tens of | | | | fees. |
| thousands of dollars to correct the problem. This is | | | | You Want Me to Do What? |
| called an "Up-Sell" because the manufacturer will use | | | | Fine Print: In order to save time and money, the |
| this to Up-Sell you into a more expensive building. | | | | parties voluntarily waive their right to a jury trial in |
| Stay off the Trap Door (AKA You Pay More if the | | | | any litigation arising out of this Contract. |
| Manufacturer Makes a Mistake) | | | | What They Really Mean: If there is a dispute, they |
| Fine Print: "Buyer shall hold Seller harmless from any | | | | don't want a group of your peers to decide. |
| loss, costs, claims, suits, damages, and attorney's | | | | Our Advice: The 7th Amendment to the U.S. |
| fees arising from any alleged or real injury (including | | | | Constitution, gives each American the right to a jury |
| death or total destruction) to any person or property | | | | trial. You should never have to waive your |
| which arises out of work performed or materials | | | | constitutional rights to purchase a steel building. |
| supplied hereunder. Buyer assumes entire | | | | Think twice before purchasing a building from a |
| responsibility and liability for any claims or actions | | | | manufacturer that makes it difficult for you to |
| based on or arising out of injuries, including death, to | | | | understand their contract using crafty legal jargon - |
| persons or damages to or destruction of | | | | you may not get what you thought you purchased. |