Standard Terms and Conditions
This order and acknowledgement, and future orders from Advanced Racking Inc., are subject to the following terms and conditions (the “Agreement”). By accepting this Agreement the customer agrees to be bound thereby. If the terms of this Agreement contradict the terms of any purchase order or order acknowledgment, the terms of this Agreement will take precedence.
1. Pricing. Prices subject to change without notice. Unless otherwise stated in this Agreement, pricing will be as stated on the Sales order form. All sales are final. Special order, custom built and non-stock items are noncancelable and nonreturnable.
2 Payment Terms. Customer will pay Advanced Racking Inc. per the invoice terms, unless otherwise agreed to in writing signed by Advanced Racking Inc.
3 Past Due Accounts. Past Due Accounts are subject to a monthly interest charge of 1.5% (18% annual interest rate) for the invoice amount (subject to applicable law). All finance charges for overdue payments will be assessed on Customer’s monthly statements and shall be due upon receipt. In no event shall the terms of this order/acknowledgement require payment in excess of the maximum amount permitted by law.
4 Orders. All orders must be in a writing which includes a purchase order number and must be received by Seller by mail, courier, or email. Seller reserves the right to refuse any order based on an error in price or quotation. Modification of any order must be confirmed in writing. Seller takes exception to and hereby objects to all hold harmless and indemnity provisions, either express or implied, set forth in Buyer’s order that seek to impose liability on Seller.
5. Taxes. Prices do not include tax. Taxes will be added, in all cases, unless an exemption certificate is on file with the Seller. Customer agrees to pay any taxes which are paid or payable, or assessed in connection with this order.
5. Shipment Terms. Delivery or ship dates are not guaranteed and delinquency in delivery will not constitute grounds for charge back, setoff, or other damages or claims of damages against Seller unless specified delivery or ship dates are requested by Buyer and expressly agreed to in writing by Seller. Unless otherwise stated in this Agreement or as agreed upon in writing by Advanced Racking Inc., all shipments are F.O.B. from Advanced Racking Inc. or plants, warehouses from which material is shipped unless arranged in writing in the purchase order.
6. Packing and Shipping. Advanced Racking Inc. will pack and ship products delivered hereunder in accordance with its general practice unless specific instructions are supplied by Customer. Any additional costs incurred by Advanced Racking Inc. as a result of special packaging and/or shipping requests will be paid by entirely by Customer.
7. Shortages. All claims for shortage or allowances must be made in writing on date of delivery.
8. Purchase Money Security Interest. Advanced Racking Inc. or its assigns shall have purchase money security interest in the products purchased hereunder until all charges including installation and/or service charges, if any, are paid in full. Customer agrees to convey power of attorney to Advanced Racking Inc. for the sole purpose of execution of documents necessary to perfect the Purchase Money Security Interest. Further, Customer agrees to execute and deliver, so that Advanced Racking Inc. may file or record any documents reasonably requested by Advanced Racking Inc. for the purpose of protecting and/or perfecting said security interest.
9. Title and risk of loss shall pass to Customer upon delivery by freight carrier.
10. Warranty. Seller makes no warranties, express or implied, as to the Condition, merchantability, fitness for a particular purpose, or any other matter concerning the materials described herein and buyer accepts the materials as is. Seller does not adopt or Affirm any of the warranties, express or implied, including the Warranties of merchantability and fitness for a particular Purpose, made by any of the manufacturers of any of the Materials described herein. Seller shall not be liable to buyer or buyer’s customer for any incidental or consequential Damages. In any event, seller’s liability shall never exceed the Purchase price of the goods which are the subject of the claim, Whether or not such goods have been installed or made part of an improvement to real or personal property.
11. Specialized Product Orders. If Advanced Racking Inc. quotation is premised on products to be customer designed and produced for special application, the quoted price is applicable unless the specifications are changed by the Customer. Such changes in specifications must be agreed to in writing by Advanced Racking Inc. prior to acceptance. If changes in fabrication or design are required by reason of incorrect information of furnished, or deviation from prints or other information submitted by Customer, its representatives or agents, the cost of such changes shall be at Customer’s expense and shall be added to the quoted price. If the specification, as modified, cannot be met by Advanced Racking Inc., Advanced Racking Inc. may, at its option, terminate the order subject only to Customer’s obligation to reimburse Advanced Racking Inc.
12. Remedies for Breach of Payment Terms. In the event Customer fails to fulfill the terms of payment or if Advanced Racking Inc. shall have any doubt at any time as to Customer’s financial responsibility, Advanced Racking Inc. may decline to make any further deliveries except upon receipt of payment in cash or other security satisfactory to Advanced Racking Inc. In addition, Advanced Racking Inc. shall have all rights and remedies at law or equity available under United States of America law to collect any unpaid amounts owed by Customer. Customer hereby agrees to indemnify and hold harmless Advanced Racking Inc. and its affiliated companies against any claims, losses, damages, or expenses arising from a refusal to make deliveries resulting from Customer’s failure to pay described herein.
13. Advertising Policy. With written permission Customer is authorized to advertise its relationship with Advanced Racking Inc. and Customer is encouraged to use Advanced Racking Inc.’s products in its advertising. However, Advanced Racking Inc. retains the right to revoke the consent granted in this section at is sole discretion with or without cause.
14. Force Majeure. Neither Advanced Racking Inc. nor its affiliates shall be liable in any way for delays, failures in performance, loss or damages due to any of the following force majeure conditions: fire, strike, embargo, explosion, power blackout, earthquake, volcanic action, flood, war, water, the elements, labor disputes, civil disturbance, government requirement, civil or military authority, acts of God, public enemy, inability to secure products, transportation, facilities, acts of omission of carriers or other causes beyond its reasonable control whether or not similar to the foregoing.
13. Confidential Information. The parties may obtain information about each other that is considered confidential. "Confidential Information" includes all non-public information regarding Advanced Racking Inc. or Customer, such as technical data, product design and development, sales information, quantity and kind of products sold, prices and methods of pricing, marketing techniques and plans, product returns, unannounced products, product and process information, and any other information that, if disclosed to others, might be competitively detrimental to the disclosing party. Confidential Information does not include any information that has been publicly disseminated in writing by the disclosing party, any information that the other party can show it knew before the disclosing party's disclosure, or any information that was rightfully received by the other party from a third party without restriction.
14. Non-Disclosure. Each party will maintain the other party's Confidential Information in strictest confidence, may not disclose it to any third party, and may use it only as necessary to perform under this Agreement. The parties will cause their officers, directors, employees, and agents to abide by the terms of this Section, and will be responsible for any wrongful disclosure and use by any of them.
15. General Indemnification. Customer will defend and indemnify Advanced Racking Inc., directors, employees and contractors (collectively "Indemnitees") against any claim or action brought by a third party against an Indemnitee arising from (a) an allegation of Customer’s negligence or willful misconduct, or (b) Customers failure to comply with the requirements of this Agreement.
16. Good Faith Negotiation. The parties will first attempt to resolve any dispute relating to this Agreement through good faith informal negotiation.
17. Arbitration. Any action to enforce or interpret this Agreement shall be settled by arbitration in accordance with the rules of JAMS. Any party may commence arbitration by sending a written demand for arbitration to the other party. Such demand shall set forth the nature of the matter to be resolved by arbitration. The parties’ shall share equally in the initial costs of arbitration. The prevailing party shall be entitled to reimbursement of attorney’s fees, costs, and reasonable expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof.
17. Governing Law. This Agreement will be deemed to have been entered into and will be construed and enforced in accordance with the laws of the Commonwealth of Virginia, without reference to its conflict of laws provisions.
18. No Assignment. Neither party may assign this order, or any portion thereof, without the written consent of the other.
19. Entire Understanding of the Parties. This Agreement, together with the Exhibits and the Documents incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, representations, promises or inducements, written or oral, regarding its subject matter. No failure or delay in exercising any right is a waiver of that right. All notices and other communications must be delivered to the addresses designated on the first page of this Agreement.
(VICERACK, BLOCKMOUNT, and SKYRACK MOUNTING SYSTEMs)
COVERAGE: This warranty for Advanced Racking Inc.’s (Advanced) mounting systems (the System) is offered to the original purchaser of the System (the “Purchaser”). Subject to the terms, conditions, and limitations herein, Advanced Racking Solutions hereby warrants for a period of ten (10) years from the date of purchase, that the System will be free from manufacturing defects in workmanship and materials such that:
The overall integrity of the System is not materially impacted; and
The appearance of the surfaces of the Systems will not materially deteriorate beyond normal weathering and aging, (including minor oxidation) over thee period of this warranty.
EXCLUSIVE REMEDY: in the event the System fails to meet the above standards, ADVANCED shall effect repairs to the System, or replace the System, as deemed necessary in the sole opinion of ADVANCED. Any repair or replacement by ADVANCED shall not extend the term of this Warranty. This is the sole and exclusive remedy under this Warranty, and in no event shall ADVANCED have any liability for any consequential, incidental, economic, indirect, special, or punitive damages or losses of any kind whatsoever.
REGISTRATION AND TRANSFER: the Purchaser shall register this warranty with ADVANCED and advise ADVANCED of the installation date and the installer contracted with. Upon providing written notice to ADVANCED of the sale of the System and advising who that purchaser is this Warranty shall automatically transfer to the new owner, provided all other terms of this Warranty are valid and in place at the date of the transfer of this Warranty.
NO OTHER WARRANTIES: This Warranty is the only warranty given by ADVANCED, and no other warranties of any kind are available. ADVANCED specifically denies making any other warranties with respect to the System.
CLAIMS PROCEDURE: if you experience a problem with the System that you believe is covered by this Warranty, the Purchaser shall contact ADVANCED via email (firstname.lastname@example.org) and provide ADVANCED with your name, address, telephone number, date of purchase of the System and a detailed description of the defect or problem, as well as any other information or material you believe are relevant. The Purchaser may be required to provide additional information or materials at the request of ADVANCED including photographs. As a condition of coverage under this Warranty, the Purchaser must notify ADVANCED of any problem or defect within thirty (30) day after discovery.
OTHER TERMS, CONDITIONS, DISCLOSURES AND LIMITATIONS:
The performances of the System is largely dependent on the manner in which it is installed and maintained. Accordingly, this Warranty shall not apply in the following circumstances:
- Damage caused by improper installation, or the installer’s failure to follow ADVANCED’s and S5!’s installation standards and instruction or reasonable professional installation procedures;
Failure to maintain the Systems in accordance with the Maintenance Guidelines for the mounting system for PV panels, provided with the System;
Damage resulting from modifications, alterations, improper handling or changes in design or function of the System after delivery from ADVANCED, or use or installation of the System other than in accordance with the layout drawings provided by ADVANCED at delivery;
The installation or relocation of the System to a rooftop of location other than the rooftop or location for which the System was designed by ADVANCED; and
Damage or change in appearance caused by micro climate-specific conditions (such as exhaust fumes), the application of cleaning fluids, coatings or chemicals not specifically approved and authorized by ADVANCED, or the failure or movement of the rooftop on which the System is installed.
If any covenant or provision herein is determined to be void or unenforceable in whole or in part, it shall not be deemed to affect or impair the validity of any other covenant or provision, and all paragraphs and sub-paragraphs are agreed to be separate and distinct covenants.
1. Acceptance of Our Terms
By visiting the website www.advancedracking.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.advancedracking.com, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of www.advancedracking.com. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and www.advancedracking.com and that your use of www.advancedracking.com shall indicate your conclusive acceptance of this agreement.
2. Provision of Services
You agree and acknowledge that www.advancedracking.com is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that www.advancedracking.com is entitled to provide services to you through subsidiaries or affiliated entities.
3. Proprietary Rights
You acknowledge and agree that www.advancedracking.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. www.advancedracking.com authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
4. Submitted Content
When you submit content to www.advancedracking.com you simultaneously grant www.advancedracking.com an irrevocable, worldwide, royalty free license to publish, display,
modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to www.advancedracking.com.
5. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
PO Box 113 Daleville, VA 24083 Info@advancedracking.com Ph 540 491-4091
6. Disclaimer of Warranties
You understand and agree that your use of www.advancedracking.com is entirely at your own risk and that our services are provided "As Is" and "As Available". www.advancedracking.com does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the www.advancedracking.com website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
7. Limitation of Liability
You understand and agree that www.advancedracking.com and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not www.advancedracking.com has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of www.advancedracking.com is limited to the greatest extent permitted by law.
8. External Content
www.advancedracking.com may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that www.advancedracking.com is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by www.advancedracking.com to resolve any legal matter arising from this agreement or related to your use of
www.advancedracking.com. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
10. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and www.advancedracking.com. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
PO Box 113 Daleville, VA 24083 Info@advancedracking.com Ph 540 491-4091
11. Changes to the Terms
www.advancedracking.com reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of www.advancedracking.com after any changes to Terms will signify your agreement to be bound by them.
12. Privacy Notice
13. Comments or Information Sent by E-mail, PDF or Web Request Form
You may choose to provide us with personal information, as in an e-mail message, PDF file or web request form containing your comments or questions. We use this information to improve our service to you or to respond to your request. There are times when your message is forwarded, as e-mail, to other S:FLEX employees who may be better able to help you. Except for authorized law enforcement investigations, we do not share our e-mail with any other outside organizations.
14. Copyright Status
Use of documents available from or referenced by this server may be subject to U.S. and foreign Copyright Laws.
Returns & Exchanges Process
Please find our Returns and Exchanges Policy detailed herein:
- Please contact Advanced Racking Solutions to request a Return Merchandise Authorization.
- Please complete and return the Return Merchandise Authorization including detail about the product that you would like to return or exchange.
- Advanced Racking Solutions will work with you to process your Returns or Exchanges based on the completed Return Merchandise Authorization. An RMA number will be assigned to you. Please be sure to display the RMA number clearly on all Returned or Exchanged products at the time of shipment.
- A fixed, 20% re-stocking fee will apply to returned, standard products. Such a fee will not apply to exchanged merchandise of equivalent or greater value.
- Custom-manufactured items for specialty applications are not eligible for returns or exchanges.
- Product must be returned or exchanged in good, working, like-new condition.
- Returns or exchanges are not accepted past 90 days from the date of the original shipment.
- Original Shipping amounts are a non-refundable item and are not eligible for return or exchange reimbursement.
- You are responsible for freight on returned or exchanged product.
- Please allow 5-10 business days for processing of Return or Exchange transactions.
Advanced Racking Solutions strives to work to make your customer process as efficient and accommodating as possible. We will work with you to address questions and/or concerns, and we will work to make every order right.
Thank you for your continued business.