Terms & Conditions
Carport National General Terms of Use
By using any features of the website, including the purchase of products and services on the website located at https://carportnational.com/ (the “Carport National Website”), you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors and users of the Carport National Site are bound by these Terms of Use. We reserve the right to modify/ alter the Terms of Use at any time without giving any prior notice to you. Hence, it is suggested that you read these terms of service carefully each time you use this website.
Please note that the guidelines, policies, and other terms and conditions of service and use of other websites affiliated with Carport National may vary from these Terms of Use.
As a user of the Carport National website, you may post content and share it with other users, read content created by other visitors on Carportnational.com and other affiliated websites, and view third-party postings and reviews regarding products and services.
These Terms of Use set out the legally binding terms with respect to your use of the Carportnational.com. Please read these Terms of Use carefully. It is informed to you that your access to and use of Carportnational.com establishes your acceptance of all the provisions of these Terms of Use. If you are reluctant to be bound by these Terms of Service, please do not access or use the Carport National website.
Eligibility
carportnational.com is not targeted towards, nor intended for use by, anyone under the age of 18. By accessing carportnational.com, you agree that you are 18 years of age or older. Please refrain from accessing or registering on the Carport National website if you are not at least 18 years of age. In such events, where you are under 18, we hold the right to terminate your registration.
Changes to the Carport National Website
You agree and understand that any and all features available through EasternGarages.com and any User Content (as defined below), are 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 EasternGarages.com 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 EasternGarages.com 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 EasternGarages.com
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 EasternGarages.com, 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 EasternGarages.com;
- Use any robot, spider, site search/retrieval application, or other devices to retrieve or index any portion of EasternGarages.com;
- 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 EasternGarages.com;
- Make user accounts by automated means or under false or fraudulent pretenses;
- Create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of EasternGarages.com;
- Submit to EasternGarages.com any false content that states or implies that such content is sponsored or endorsed by us;
- Transmit or upload to EasternGarages.com 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 EasternGarages.com, any other website, or any computer or other device or system, or the enjoyment of EasternGarages.com by any User;
- Use EasternGarages.com 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 EasternGarages.com any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use EasternGarages.com to transfer or store illegal material, including any material deemed threatening or obscene;
- Copy or store any User Content available on EasternGarages.com 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 EasternGarages.com or the IT infrastructure used to operate and make EasternGarages.com available;
- Use EasternGarages.com and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
- Gather or store personal data about other Users in connection with the prohibited activities described in this paragraph.
Ownership
As between you and us, the Carport National 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 Carport National 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 rights of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on EasternGarages.com are the proprietary property of Carport National 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 Carport National 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 EasternGarages.com 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 rights of ours.
Disclaimer
Limitation on Liability
YOU EXPLICITLY AGREE THAT YOUR USE OF THE EASTERN METAL BUILDINGS WEBSITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON EASTERNGARAGES.COM, 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 EASTERN METAL BUILDINGS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE EASTERN METAL BUILDINGS WEBSITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE EASTERN METAL BUILDINGS 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 EASTERN METAL BUILDINGS WEBSITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM THE USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE EASTERN METAL BUILDINGS WEBSITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION2AND MATERIALS CONTAINED IN OR DESCRIBED ON THE EASTERN METAL BUILDINGS WEBSITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE EASTERN METAL BUILDINGS 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 THE US OR THE EASTERN METAL BUILDINGS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Carport National 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 EasternGarages.com, Eastern Metal Buildings holds the right to cancel such orders.
With the aim of properly serving all customers, Eastern Metal Buildings reserves the right to limit quantities of some goods or structures. In this case, only one (1) of these limited-quantity items will be placed in your shopping cart. Further, Eastern Metal Buildings reserves the right to cancel multiple orders of the limited quantity of products purchased by the same User and/or shipped to the same delivery address.
Eastern Metal Buildings may show visual representations of products sold through EasternMetalBuildings.com. Eastern Metal Buildings tries to display the colors of the products shown on EasternGarages.com 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.
Indemnity
IN NO EVENT SHALL EASTERN METAL BUILDINGS OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF EASTERNGARAGES.COM, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON EASTERNGARAGES.COM, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, ELEPANTS’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE EASTERN METAL BUILDINGS WEBSITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE EASTERN METAL BUILDINGS WEBSITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
You agree to indemnify and hold Eastern Metal Buildings and its respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorney’s fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Eastern Metal Buildings website, (ii) your use of EasternGarages.COM, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other rights of any person or entity.
Disputes
Any dispute in relation to EasternMetalBuildings.com or use or inability to use EasternGarages.com will be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. It is agreed that you submit to the personal jurisdiction of the courts located within the State of North Carolina. Any dispute related to your visit to or participation in EasternGarages.com shall be submitted to confidential arbitration in North Carolina, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may pursue injunctive or other suitable relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be obligatory and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Improperly Filed Claims – All claims you bring against EasternGarages.com must be resolved 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 informed you in writing of the unsuitably filed claim, and you have failed to promptly withdraw the claim.
Statute of Limitations – Regardless of any statute or law to the contrary, any claim you bring against EasternGarages.com must be filed within one [1] year after such claim arose or be forever barred.
Applicable law
By visiting EasternMetalBuildings.com, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Eastern Metal Buildings.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind Eastern Metal Buildings in any respect whatsoever. We may provide you with notices, with those regarding changes to these Terms of Use, by email, regular mail, or postings on EasternMetalBuildings.com. These Terms of Use, which shall be deemed accepted by you upon your use of EasternMetalBuildings.com, constitute the entire agreement among you and Eastern Metal Buildings regarding the use of EasternMetalBuildings.com. Eastern Metal Buildings’ failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you, except with our prior written agreement. The headings in these Terms of Use are for suitability only and have no legal or contractual effect. These Terms of Use include the Privacy Policy for EasternMetalBuildings.com and any notices regarding EasternGarages.com. Communications with Eastern Metal Buildings, including phone and email, may be watched and recorded or saved for training and quality assurance.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service.
Additional Order Agreement Terms & Conditions Order Assignment
Eastern Metal Buildings reserves the right to assign the Buyer’s order to another company for installation and servicing of your order. This is essential to provide nationwide service including delivery and installation in a timely manner. All orders will be delivered as they were ordered. Any reference to “EasternGarages.com” may be assigned in part or in whole to a party designated by Eastern Metal Buildings; this entire agreement may be assigned to a party designated by Eastern Metal Buildings, or only certain sections or lines may be assigned on a case-by-case basis. Buyer agrees that no further notice is vital for Eastern Metal Buildings to assign any part or all of this agreement to another party and agrees to be bound by the terms agreed to herein.
Rejection of Order and Cancellation of Contract
Eastern Metal Buildings reserves the right, at any time before installation of the Unit, to reject this order or cancel this contract by providing notice in writing to Buyer. After giving such notice, Eastern Metal Buildings will refund any deposit received from Buyer. Buyer agrees that such refund shall be Buyer’s exclusive remedy for such cancellation.
Legal Authority for Installation
Buyer must obtain every permit or other authorization required for the lawful erection of the Unit on the site designated by Buyer, before installation of the Unit,. If Buyer is unable to obtain any such required permit or authorization: (i) such failure voids any and all warranties otherwise applicable to the Unit, and (ii) Buyer shall indemnify and hold Eastern Metal Buildings harmless for all damages or costs, including attorney fees, which Eastern Metal Buildings may incur as a result thereof. Eastern Metal Buildings will install the Unit on the site designated by Buyer upon the property specified; BUT, if Eastern Metal Buildings 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, Eastern Metal Buildings 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 Eastern Metal Buildings may have incurred. All pricing for “Certified” structures assumes standard wind, snow, and engineering requirements for your state; additional fees may apply, if your specific locality requires extraordinary specifications or documentation.
Site Preparation
Before delivery of the product, the Buyer shall designate a site on the property identified as the Location and prepare the such site for installation of the Unit. Site preparation shall include making the site level, removing all electrical wire less than 20 feet above the intended height of the Unit, removing all underground utilities below the site, and any other improvement reasonably necessary. In case the site is not prepared or suitable for installation, Eastern Metal Buildings 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 Eastern Metal Buildings makes further improvements to the site, the Buyer agrees to pay the reasonable cost thereof upon completion. If the site is not prepared and level, or if the installation cannot be completed due to unreachability, there will be a return trip fee charged of a minimum of $100 or 15% of the cost of the building, whichever is larger.
Scheduling Delivery and Installation
Eastern Metal Buildings will make an effort to deliver and install the Unit within 90 days after Eastern Metal Buildings’ acceptance of this Contract and will attempt to inform the Buyer at least 24 hours before delivery. Buyer may, by written notice received by Seller not more than 7 days after Seller’s acceptance hereon, delay the delivery and installation for up to 120 days. In no event will Eastern Metal Buildings 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 Eastern Metal Buildings’ control, including but not limited to weather, road congestion, mechanical failure, or crew personal issues. In such cases, all appointments should be confirmed with the scheduling department on the day of installation.
Change Orders
No change in the Unit or its specifications is binding on Eastern Metal Buildings unless requested by Buyer’s written change order and approved in writing by Eastern Metal Buildings. Any change requested by Buyer constitutes the Buyer’s consent to resulting changes in the Price.
Limited Warranty
All buildings have a 90-day workmanship warranty effective upon the day of installation (manufactured panels are warranted for 20 years assuming regular care and maintenance, – installation workmanship is warranted for 90 days – vertical roofs are warranted for 20 years). Any installation concern must be reported within 30 days beginning the date of installation. Metallum Structures, Inc. is not liable for any damages as a result of inclement weather. Unlevel lots and customer modifications will void said warranty.
a.) Carport National LLC, strongly recommends buildings with frame lengths longer than 30ft to be vertical roofs to avoid possible leaks and or rust in between seams. Buildings purchased with a frame length of 30ft or longer that do not have vertical roofs will forfeit the 20-year limited warranty on paneling except in states that allow delivery of seamless 36ft paneling. 6” overhang on front and back. Frame lengths are as follows: 21’=20’ Frame, 26’=25’ Frame, 31’=30’, and so on. Cement pad to match frame length.
Payment Terms
At the time of installation, the Buyer agrees to pay the Retail Price and applicable sales taxes, including any increase for any Change Order, in full. Any order balance after the initial deposit paid with a credit card is subject to a minimum 2.9% processing fee. If any payment tendered by Buyer is dishonored for any reason, the 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 the Manufacturer refers collection hereunder to an attorney or collection agency, the Buyer agrees to pay the 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 $20. 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, Carport National 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 canceled 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 the 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 or structure ordered before any discounts, giveaways, or same-as-cash promotions.
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 them.
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.
Carport National’ DEPOSIT POLICY
(“Carport National” “We” “Us” “easternmetalbuildings.com”) is not able to and does not offer refunds on a deposit paid on a structure. The deposit you pay is for us to begin work on processing and the fulfillment of your order, and locks in your pricing for up to 6 months.
For the avoidance of doubt
After placing your order, there are no refunds available for the non-refundable deposit.
If you request engineered drawings or engineering specifications, no refunds are available after the request has been made.
Before you place the order, it is your responsibility to know if you need a permit or not. As well, please ensure that your land is ready for installation and clear of any debris that would obstruct the crew from installing the structure on level land. If you have any questions, please email or call in order to have them answered before placing your order. If you do cancel your order for any reason, the deposit/down payment for your order cannot be refunded. By ordering you are agreeing to this policy.
Carport National is not responsible for any manufacturers, delivery agents, or delivery agents’ guarantees, warranties, installation issues, delivery times, and any other unforeseen problem(s) that could arise throughout the process of delivery, shipping, and/or installation. Any and all these issues would need to be addressed through those vendors directly.
Any actions taken to take back a deposit after placing an order are “Improperly Filed Claims” from our Terms and are subject to the costs and penalties described therein. Disputes or chargebacks through a credit card company or other payment provider are “Improperly Filed Claims” as well and will be fraudulent claims if filed within 120 days of the original charge.
If you decide to cancel an order before a date is set for installation, we are able to retain a “deposit credit” in the amount you have already paid that can be applied to a different deposit portion of a payment on a structure you have built with us any time in the next three (3) years. Please note that prices can and will change after the initial six (6) month period and are not guaranteed for the three (3) years for which we will maintain a deposit credit for you.
CARPORT NATIONAL METAL BUILDINGS ORDER MODIFICATION POLICY
Any order changes or modifications are subject to a minimum $50 change-order fee, up to a maximum of an additional 10% of the cost of the building, for each modification to an existing order in addition to any increase in the cost of the structure or materials from the order modification.
(336) 502-0091
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