Terms & Conditions
Yoder Structures LLC (“Yoder Structures”) thanks you for purchasing one of our steel structures. We hope you enjoy your purchase for many years to come. The terms and conditions below constitute the Agreement between Yoder Structures and you with respect to the installation of this steel structure. Please read all terms and conditions carefully.
SMS Program Terms
If you opt in, Yoder Structures LLC may send conversational text messages about your quote, project details, scheduling, installation, site photos, and customer service. Message frequency varies based on your request and project activity. Message and data rates may apply. Consent to receive text messages is not a condition of purchase.
You may opt out at any time by replying STOP. After you send STOP, we may send one confirmation message and will stop sending further text messages unless you opt in again. Reply HELP for help or contact us at support@yoderstructuresal.com or (256) 432-7851. Wireless carriers are not responsible for delayed or undelivered messages. See our Privacy Policy for information about how we collect, use, and protect your information.
1. Limited Warranty
Buyer will receive a 120-day limited warranty on workmanship and materials. Any repair issues must be reported to Yoder Structures corporate office within 120 days of the installation date. Do not report repair issues to your dealer. Repair issues reported only to your dealer will not be considered reported in a timely manner under this Agreement. Regardless of whether any repair is necessary after installation, Buyer shall pay all remaining balances due upon installation. Withholding payment will not ensure repairs are made and could delay repairs if the account is overdue. Buyer shall work with Yoder Structures to help ensure repairs are done in a timely manner. If Buyer fails or refuses to comply with scheduling the repair in a timely manner, Yoder Structures reserves the right to void all warranties and Buyer agrees to waive any and all claims for any and all repairs. Scratches to metal panels will be repaired using color-appropriate paint pens or otherwise at the discretion of Yoder Structures. There is a 40-year warranty limited to rust-through of metal panels and 20-year for steel tubing (assuming normal user care and maintenance). If Buyer upgrades to Premium 40-Year Metal, there is a 40-year warranty limited to rust-through of metal panels (assuming normal user care and maintenance). Alteration to the unit in any manner by the Buyer will immediately void all warranties, including without limitation interior or exterior modifications, installation of electrical, and/or installation of plumbing. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GOODS AND SERVICES TO BE PURCHASED UNDER THIS AGREEMENT ARE FURNISHED AS IS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
2. Construction
Standard fourteen (14) gauge units are constructed with 2½” square tubing and built according to Yoder Structures specifications. All units are secured with anchors which pass through the base rail of the frame and into the foundation. The base rail is only affixed to the foundation with anchors. Buyer may experience water leakage under the base rail. Standard units are anchored with rebar anchors (ground installation) or concrete anchors (concrete installation). Standard rebar anchors are approximately 32” long but may be shortened when installing on difficult terrain. Yoder Structures is not responsible or liable if the anchoring system cannot be installed due to hard dirt, rock, roots or any other reason deemed unsuitable by the installer. An interior wall will extend up to but not around overhead trusses. Certain styles will have a visible gap up to 2.5” at the top between trusses.
3. Scheduling
Typically, Yoder Structures will schedule units to be installed within 2 to 6 weeks; however, Yoder Structures does not guarantee dates nor times of installation. During holidays and winter months this timeframe may be extended. If Buyer has scheduling questions, please call Customer Service. Buyer expressly understands that inclement weather, vehicle problems, difficulties at other installation sites, and/or other unforeseen circumstances can affect the date and time of installation. Yoder Structures is not responsible for any of Buyer's lost work time associated with any delays or rescheduled installations.
4. Installation
Buyer acknowledges that the unit(s) and/or item(s) purchased pursuant to this Agreement will be installed by independent contractors who are NOT employees of Yoder Structures. Buyer's installation location must be level prior to installation or the unit may not be installed. Buyer represents that the installation site will be accessible by a truck and trailer. Buyer represents that the installation site has no other structures (including overhang) within 2 feet. Buyer is responsible for informing independent contractors of any underground cables, gas lines, utility hazards, or any other relevant matter prior to commencement of installation. Buyer agrees to indemnify and hold harmless Yoder Structures and its independent contractors for any damage done to submerged lines, pipes, cables, or other utility instrumentalities during installations. Yoder Structures and/or its independent contractor installers reserve sole discretion to determine whether an installation can proceed and whether the installation location has been properly prepared and is safe for crews to work around. The contractor may, at his or her discretion, install unit(s) and/or item(s) at the installation location “AS IS.” For “AS IS” installation there may be additional charges and warranties will be void. Buyer will pay a service charge of 25% if installation cannot be performed because the installation location is non-compliant with this Agreement or installation is rescheduled by Buyer.
5. Limitations
Buyer agrees to release Yoder Structures and its independent contractors from any and all damage to real or personal property associated in any way with the installation site, including yard damage or underground damage. Buyer further releases Yoder Structures and its independent contractors from any claims for punitive, indirect, incidental, special, or consequential damages resulting from any defects or deficiencies of any unit(s) or item(s) that were installed pursuant to Buyer's request and accepted by Buyer. Yoder Structures is not responsible for permits, determining site-specific snow/wind load requirements, covenant searches, restrictions, or setbacks. Buyer is responsible for compliance with any such requirements. Please contact your local Building Inspector and/or Homeowner's Association for information on requirements and restrictions. Buyer shall be solely responsible for and shall obtain any necessary city or county permits PRIOR TO installation. The unit(s) or item(s) that are the subject of this Agreement may not be eligible for a permit in certain areas. Buyer agrees to indemnify and hold harmless Yoder Structures and its independent contractors for any violation of any city or county ordinance or code.
6. Payment
Buyer shall pay the dealer a down payment equal to fifty percent (50%) of the purchase price at the time of the sale (“Down Payment”). Buyer MUST pay the remaining fifty percent (50%) of the purchase price (“Balance”) to the installation crew on the date of installation. The entire Balance must be paid to the crew at the time of installation unless prior arrangements have been made with the scheduling department at Yoder Structures and approved by a sales manager. All amounts not paid at this time will be considered past due. Yoder Structures only accepts payments by cashier's check, money order, or credit card. Checks and money orders should be made out to Yoder Structures. Buyer is solely responsible for payment. Buyer represents that Buyer will have sufficient funds to enable Buyer to pay Yoder Structures at the time of installation. If Buyer intends to use funds Buyer plans to receive from a third party, such as an insurance, mortgage, or loan company, it is Buyer's sole responsibility to secure the funds and do so prior to installation. Yoder Structures will not work with third parties on Buyer's behalf to arrange payment; such responsibility remains solely and completely the responsibility of Buyer. Buyer's failure to pay at the time of installation will be considered a default and subject to those remedies set forth in this Agreement.
7. Cancellations and Refunds
THERE ARE NO CANCELLATIONS OR REFUNDS ON ANY UNIT(S) AND/OR ITEM(S) AFTER INSTALLATION. In the event Buyer cancels an order prior to installation, Buyer will be responsible for up to 25% of this Agreement.
8. Representations and Warranties of Buyer
Unless otherwise indicated below, Buyer hereby represents and warrants to Yoder Structures that Buyer is the owner, or an authorized agent of the owner (“Authorized Agent”), of the property on which the steel structure will be installed (“Property”). In the event Buyer is an Authorized Agent, Buyer shall provide the name, address, and phone number of the owner of the property for notice purposes.
9. Late Payment, Costs of Collection, and Repossession
Buyer agrees to pay a penalty of the lesser of $100.00 per month or the greatest amount allowed by law if any payment is not paid when it is due. Additionally, Buyer agrees that all past due amounts shall accrue interest at the lesser of a rate of 18% per annum or the maximum rate allowed by law. If Buyer fails to timely make payment pursuant to this Agreement or otherwise violates any term or condition set forth in this Agreement, and Yoder Structures must engage in any effort to secure payment or otherwise seek to compel Buyer to fulfill any of Buyer's obligations under the terms and conditions of this Agreement, Buyer agrees to reimburse Yoder Structures for any and all costs of collection, reasonable attorney fees, costs and other expenses. Buyer expressly acknowledges and agrees that a failure to pay all amounts due entitles Yoder Structures the right to repossession of the unit(s) or item(s) that were installed pursuant to this Agreement, and Buyer further waives any and all rights and/or claims for refund for any payments made prior to such repossession.
10. Waiver of Trial by Jury; Arbitration; Class Action Waiver
Yoder Structures and Buyer hereby knowingly, willingly, and voluntarily waive any right to trial by jury in any action or proceeding relating to this Agreement. If a dispute arises under this Agreement, the parties will initially attempt to resolve the dispute through friendly consultation, directly or through counsel. If the dispute is not resolved within a reasonable time, either party may bring suit against the other in a civil court permitted by law and this Agreement, unless any matter(s) have a demand for damages in excess of $50,000.00, in which case the claims must be submitted to binding arbitration as governed by the Federal Arbitration Act, and pursuant to the rules established by the American Arbitration Association, or any other mutually agreed arbitration association. Buyer specifically agrees that any claims arising out of or relating to this Agreement must be brought by Buyer in an individual capacity. Buyer expressly waives any right or option for Buyer to bring any claim related in any way to this Agreement as a plaintiff or class member in any representative action.
11. Merger; Severability; Applicable Law and Venue
The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, and supersedes all prior written or oral communications, representations and agreements relating to the subject matter of this Agreement. The terms of this Agreement, save and except a pricing error, may be modified or amended only by a written document executed by Buyer and Yoder Structures. If any provision of this Agreement is invalid, illegal, or incapable of being enforced by reason of any rule of law, public policy or otherwise, any remaining provisions of this Agreement shall nevertheless remain in full force and effect. This Agreement will be governed and construed by the laws of the State of Alabama without giving effect to its choice of law principles. Buyer agrees that any legal action arising out of this Agreement instituted by Buyer will be brought in Morgan County, Alabama.
12. Engineer
Yoder Structures does not provide engineering services. All engineering work is performed under contract by a licensed Professional Engineer.
13. Additional Charges
Yoder Structures and/or its independent contractor installers reserve the right to determine whether any additional labor charges apply, which vary by unit size.
14. Errors
Yoder Structures shall have the right to correct any errors in this Agreement, including but not limited to, pricing or taxes.
15. Electronic Notice; Consent to Use Information
Buyer and Yoder Structures have agreed to conduct all and/or portions of this transaction by electronic means, including, but not limited to, acceptance by Buyer of any revisions to this contract regarding errors in pricing or taxes. Buyer consents to Yoder Structures' use of any information disclosed by Buyer for the purposes of completing the transactions contemplated in this document, for providing any ongoing support and services, and otherwise in accordance with Yoder Structures' privacy policy. Such consent includes the disclosure of such information to third parties which is reasonably necessary for such purposes. Buyer may request a copy of Yoder Structures' privacy policies and practices through the contact information provided.
16. Sale Is Not Final
This Agreement is subject to approval and execution by Yoder Structures corporate office. Yoder Structures reserves the right to cancel and/or rescind this Agreement at any time prior to installation of the unit(s) and/or item(s).
Cancellation & Restocking Fees
Processing / restocking fee: 25% of the pre-tax price (minimum $100.00), plus the cost of any necessary materials, will be charged to the Buyer if the site is unsuitable to build on.
Customer cancellation: If Buyer cancels within 24 hours of purchase, a 5% processing fee will be charged. If Buyer cancels after 24 hours, Buyer will be charged 20% for processing and restocking fees.
Questions
Questions about these terms? Email support@yoderstructuresal.com or call (256) 432-7851. This summary reflects the Yoder Structures purchase and installation agreement; the signed agreement provided with your purchase governs.