Any agreement or transaction executed on or after 01/01/22 are pursuant to these “updated”
UNIVERSAL TERMS OF SERVICE
herein (The “Estimate,” the “Agreement,” the “Universal Terms of Service,” the “Warranty Policy,” the “Return Policy,” the “Cancelation Policy,” the “Privacy Policy,” and the “Disclaimers,” cumulatively known hereafter as, the “Terms”). The customer understands and agrees to the following:
Legacy Barn Company, LLC it’s officers, employees, agents et.al (hereafter “LBC”)
NOTICE OF CHANGES TO BUSINESS MODEL, CONDUCT, & TRANSACTIONS
Considering the ongoing market volatility resulting from the Covid-19 pandemic and its aftermath, Legacy Barn Company would like to inform you, our valued customer, about several adjustments we have made to our operations. These changes are necessary to navigate the current unpredictable market conditions. We apologize for any inconvenience caused and appreciate your understanding and patience during this challenging time.
Pricing and Quotes:
Prices are now subject to daily fluctuations, with significant changes occurring on a weekly and monthly basis.
Legacy Barn Company has transitioned from fixed contract pricing to a variable pricing structure based on estimates that are valid for 24 hours only.
We can no longer issue long-term fixed price quotes or extensions for any existing quotes or contracts.
Material Estimates and Agreements:
We will provide a “Post Frame Materials Only Estimate” that remains valid for 24 hours.
Please note that the estimate and agreement do not include installation or erection of the materials.
While we may offer recommendations for building crews and necessary equipment, it is important to understand that these are suggestions, and we cannot be held responsible for any issues, additional costs, or customer satisfaction arising from these recommendations.
Acceptance of the agreement does not constitute a contract for labor to perform the installation or erection of materials, nor does it bind us to specific labor, timelines, or schedules.
Building Purchase and Payment:
To purchase a building, we will issue a “Post-Frame Materials Only Purchase Agreement” that is valid for 7 days.
Upon signing the agreement, a 100% payment is required, and the building materials must be picked up or delivered within 21 days. Please note that order processing and delivery time begin only after the agreement and payment have been received.
After 21 days, pricing is subject to change based on market volatility.
We accept payment for building purchases exclusively through bank wire transfer.
Pickup and Delivery:
If you plan to pick up the materials from the supplier, please schedule the pickup with at least 48 hours’ advance notice.
Delivery dates will be scheduled once we have a signed purchase agreement and payment. However, please be aware that these dates are tentative and may be subject to delays due to unforeseen circumstances.
Special Order Items:
Lead times for special order items have significantly increased, ranging from 2-4 weeks for some items to 8-12 weeks for others. We strongly advise against choosing options that are considered special order, as they may result in substantial additional costs and project delays.
Material Responsibility:
Once the materials leave our yard, the customer’s third-party delivery company or the customer themselves assumes responsibility for the materials during transit, including loss, damage, and replacement costs in the event of theft or destruction.
We will count and document the materials on the truck before they leave our yard, and we recommend that you or your driver do the same. If you opt to pick up the materials, it is your responsibility to confirm the weight of the materials and ensure that your vehicle is rated and capable of safely transporting them to the destination. We strongly recommend hiring a third-party delivery company to secure the materials promptly upon readiness to avoid incurring price increases while awaiting the delivery date.
Material Availability and Delivery:
Legacy Barn Company is implementing a rapid fluidic format for material availability, delivery, and project timelines, aiming to adapt swiftly to changing circumstances.
Potential Delays and Costs:
Unforeseen weather conditions and production delays may result in delivery delays, potentially leading to an increase in the total cost. While we will make every effort to expedite material dispatch, we cannot guarantee the avoidance of such delays.
Preparation for Material Delivery:
Please ensure that you are prepared to receive the materials in the event of delivery by Legacy Barn Company. Adequate access that remains suitable and dry for delivery should be available, or you should have an alternative plan in place to receive the materials if wet weather is expected on the day of delivery.
Material Storage and Liability:
We recommend having appropriate storage facilities to adequately protect the materials by storing them indoors or off the ground and covering them with tarps.
Please note that we will not be responsible for supplying or reimbursing the cost of tarps, other materials, or labor required for their application.
If you choose to leave the materials uncovered, you assume liability for replacing any items that become warped, twisted, or rendered unusable due to weathering effects.
By proceeding with the purchase, you acknowledge and agree that Legacy Barn Company has no control over market volatility, costs, timelines, delivery delays, or product availability. We understand that this situation is not ideal and assure you that we are committed to minimizing any disruptions. We appreciate your continued support and understanding as we navigate these challenges together.
Thank you for your cooperation.
SERVICES NOT PROVIDED: FOCUSING ON YOUR UNIQUE NEEDS
At Legacy Barn Company, our priority is to be transparent about the scope of our services. While we strive to provide comprehensive support, there are certain areas where we do not currently offer specific services. We want to ensure that you have a clear understanding of our limitations and can make informed decisions about your project. Please take note of the following:
Labor and Installation:
LBC does not provide labor for the erection or installation of building materials. However, we are more than happy to offer recommendations for skilled building crews who can assist you with this aspect of your project. Our team can guide you in finding the right professionals to ensure a successful installation.
Overhead Doors and Other Specialized Services:
Unfortunately, LBC does not supply or install overhead doors, perform site clearing, dirt work, pad preparation, turnkey installations, stud wall installation, finish out work, concrete or flatwork, spray foam insulation, batted or blown insulation, or any residential plumbing, electrical, mechanical, or HVAC services. We recommend seeking specialized contractors or professionals in these fields to address these specific needs.
We understand that every project is unique, and you may have additional requirements beyond our core offerings. We encourage you to consult with other professionals who specialize in these services to ensure that all aspects of your project are handled to your satisfaction.
Rest assured, while these specific services may be outside our scope, we remain fully committed to providing exceptional customer service, guidance, and support throughout your journey with Legacy Barn Company.
If you have any further questions or require assistance in identifying reputable professionals for any of the services mentioned above, our team is here to help. Your satisfaction is of utmost importance to us, and we appreciate your understanding as we focus on delivering the highest quality products and services within our areas of expertise.
Thank you for choosing Legacy Barn Company as your trusted partner. We look forward to assisting you in any way we can.
ESCALATION: PROTECTING OUR CUSTOMERS AND MANAGING COSTS EFFECTIVELY
At Legacy Barn Company (LBC), we prioritize transparency and fair practices when it comes to managing costs and ensuring customer satisfaction. To address potential increases in materials costs that may be beyond our control, we have implemented an escalation clause to protect both parties involved. We want to ensure that you have a clear understanding of how this clause works and its impact on your project. Please review the following details:
Relief for Additional Costs:
The customer acknowledges and agrees that LBC reserves the right to seek relief for any additional costs incurred due to an increase in materials. In the event of such an increase, the customer may be billed for the additional cost at the time of delivery or pickup of materials or through a separate invoice issued as a back charge after completion of delivery or pickup.
Absorption of Additional Costs:
Legacy Barn Company agrees to absorb any additional cost increase up to a maximum of $200 above the expected amount during the formulation of the estimate. This means that we will cover any cost increase within this threshold.
Overages:
Any amount exceeding the $200 threshold, which is the difference between the Supplier’s Sales Order Acknowledgment (received by LBC after placing the “Purchase Order”) and the Supplier’s Invoice total amount (received by LBC when materials have left the yard), will be considered an “overage.” Our representative will communicate the overage amount to the customer and seek relief accordingly. If the overage exceeds the $200 amount covered by LBC, it is the customer’s responsibility to pay the remaining balance of the overage.
Payment Terms:
The customer acknowledges and agrees to fully pay the overage amount as defined in this clause. It is important to emphasize that timely payments are crucial. TIME IS OF THE ESSENCE The customer will have no more than 5 days to make the necessary payments to cover the overages.
Superseding Clauses:
When the escalation clause is in effect, it supersedes any related clause or condition of the Universal Terms of Service (UTS). In cases of conflict between this escalation clause and other clauses, terms, or conditions, the escalation clause shall prevail. It remains in effect until disclosed and no longer applicable on LBC’s documentation.
We want to assure you that implementing this escalation clause is necessary to manage unexpected cost increases effectively and maintain our commitment to delivering quality products and services. We appreciate your understanding and cooperation in adhering to these terms.
If you have any questions or require further clarification regarding the escalation clause or any other aspect of our services, please do not hesitate to contact us. We value your partnership and look forward to serving you with the utmost professionalism and transparency.
Thank you for choosing Legacy Barn Company as your trusted provider.
CODE AND PERMIT.
The customer acknowledges and agrees to the following regarding local building codes and permits:
Research and Compliance: It is the customer’s responsibility to thoroughly research and understand all local building codes and criteria applicable to their project. This includes material specifications, building specifications, limitations, licensures, and any other regulatory requirements.
Obtaining Approval: Before signing the agreement, the customer must obtain approval from the jurisdiction where the project is located. This involves submitting all required code criteria and obtaining the necessary permits. The customer should ensure that all relevant code and regulatory requirements are met.
Code Compliance Upgrades: If code compliance upgrades are necessary based on the review of the submitted code criteria, additional charges may apply. These charges may cover the costs of materials, delivery, and any associated expenses. Such charges will be invoiced separately or as a revision to any existing estimate or agreement.
Financial Responsibility: The customer is solely responsible for all costs and consequences related to non-compliance with building codes, failure to obtain permits, or any reinspection requirements. This includes delays, additional deliveries, additional materials, shutdowns, fines, fees, citations, or summons imposed by regulatory authorities.
Not Included in Prices: Unless otherwise stated clearly in the agreement, the prices provided do not include any charges related to material upgrade for code compliance, additional delivery of materials, fees, fines, or associated costs.
By acknowledging and agreeing to these provisions, the customer accepts the responsibility of complying with local building codes and obtaining the necessary permits, and understands that any non-compliance or failure to meet requirements may result in additional charges and other consequences.
RECOMMENDED BUILDERS
Occasionally, or at your request, LBC may provide you with a list of building crews, including their points of contact and relevant information we have. This list consists of individuals or companies whom we believe possess the necessary technical skills to undertake your building project, as we understand it. It’s important to note that the purpose of this list is limited in scope.
Whether there is one point of contact or multiple, please understand that LBC does not assume responsibility for the individuals, crews, or companies mentioned in the list. We have no association with them beyond sharing basic contact information or having some familiarity within our industry. We neither employ nor contract nor subcontract with them.
We want to emphasize that LBC cannot be held liable for any issues that may arise in your dealings with the suggested crews, including but not limited to their timeliness, suitability, professionalism, communication, rates, availability, or workmanship. We do not personally select the crew for you. It is your responsibility to contact them, discuss your requirements, and make arrangements directly. You have the freedom to choose whether to build the structure yourself or engage another individual, crew, or company for the job. You also reserve the right to refuse anyone on the list.
While LBC hopes that you will be satisfied with your crew selection, we want to be clear that we neither guarantee nor imply that your satisfaction will be met by any person, crew, or company mentioned on our list. We shall not be held liable for your satisfaction or dissatisfaction in any manner whatsoever. Our aim is to provide you with options, but the final decision and outcome lie in your hands.
PAD PREPARATION.
The building design assumes a level site for proper installation. According to our design specifications, the dirt pad should have a maximum variance of 6 inches in ground level from the highest to lowest points. It is recommended that the dirt pad extends an additional ten feet in all directions beyond the building footprint. Additionally, the dirt pad should be elevated higher than the surrounding terrain, and we advise consulting a professional excavation company for recommended elevation dimensions.
To ensure a smooth installation process, it is important that the site is free from vegetation, obstacles, vehicles, and debris. If the site is not level or contains obstructions, additional materials and labor may be required to accommodate the unevenness during the installation process by your selected building crew. Please note that any costs associated with site leveling or accommodating an unleveled site will be the customer’s responsibility.
We strongly recommend that all site preparation work, including pad construction, be completed prior to the scheduled material delivery date. LBC does not provide site preparation services, and therefore, we are not experts in the materials or methods used for site preparation. We advise customers to consult a professional excavation company with experience in preparing sites for post-frame buildings. They can assess the site conditions, recommend any necessary work or materials, and ensure that the site is properly prepared for the building.
It is important to acknowledge that LBC will not be held liable for any issues or complications arising from an ill-prepared site. By proceeding with the project, the customer releases LBC from any financial or other obligations related to site preparation.
MATERIAL STAGING
It is recommended that the site and pad be clear of equipment and debris prior to the material delivery date. The customer understands and agrees that at times it will be necessary for the delivery driver to stage and lay out materials that may exceed the boundaries of the leveled dirt pad site. To include yards, fields, driveways, fence rows, and all other areas of your property needed due to weather conditions, build site size limitation, property line limitations, access issues. It is our goal to stage the material as close to the dirt pad as possible and near a power source without placing everything on the dirt pad or stacking multiple bundles of materials on top of each other which will hinder the work of your selected building crew.
LBC highly recommends the following practices for the handling and storage of materials:
Stackers or Wood Products: It is advisable to use stackers or other wood products that are sturdy and of sufficient height and thickness to safely support the weight and size of the material bundles. These stackers should lift the bundles off the ground to ensure the materials remain in good condition.
Tarps or Wrap Material: To protect the materials from direct sunlight, rain, or snow, it is recommended to use tarps or other durable wrap materials. These should adequately cover the materials from the top and all sides, providing a barrier against weather elements and preventing premature weathering.
Avoid Low-Laying Areas: When selecting an area for staging the materials, it is important to avoid low-lying areas or areas prone to water retention, flowing water, or flooding. Such areas can pose a risk of water damage to the materials. Select a location that is elevated and has good drainage to ensure the materials stay dry and in good condition.
By following these recommendations, the customer can help ensure that the materials remain in optimal condition and are protected from weather-related damage. Proper handling and storage practices contribute to the longevity and quality of the materials, ultimately benefiting the construction project.
ROCK & HARD DIGGING.
LBC advises the customer to conduct a thorough evaluation and research of the soil and digging conditions at their build site prior to commencing construction. It is the customer’s responsibility to inform their selected building crew about the presence of rock or any other materials that could pose challenges during excavation. We recommend discussing the site and digging conditions with the building crew before finalizing your selection, including any necessary equipment or additional fees that may arise. Please note that LBC will not be held accountable for any issues or costs associated with rock and hard digging conditions.
Furthermore, LBC offers alternative design options that can help mitigate the need for extensive digging in rock or hard soil. We encourage customers to reach out to their sales representative for more information on these options. Unless otherwise stated, all prices provided do not include these alternative design options.
EQUIPMENT & RENTALS.
LBC advises the customer to carefully assess their project specifications and site conditions during the planning phase to determine if any specific equipment is required for the successful completion of the building project. It is the customer’s responsibility to communicate with their selected building crew regarding the need for equipment and any associated costs or fees. Prior to signing an agreement with LBC, we encourage the customer to have a thorough discussion with their building crew to ensure all equipment requirements are addressed. Please note that LBC will not be held responsible for any issues or expenses related to equipment or equipment rentals. It is the customer’s responsibility to make appropriate arrangements for equipment needed for their project.
SITE SECURITY.
The customer acknowledges and agrees that they are solely responsible for the security and protection of all materials delivered to the job site. LBC, its suppliers, vendors, and delivery personnel shall not be held responsible for any damage, theft, vandalism, or loss of materials on site before, during, or after the construction process. It is the customer’s responsibility to ensure appropriate security measures are in place to safeguard the materials at all times. LBC recommends the customer to take necessary precautions, such as securing the site and implementing appropriate security measures, to protect the materials from any potential risks.
LBC highly recommends that the customer purchases a Builder’s Risk insurance policy from a reputable insurance provider, such as US Assure, prior to the delivery of materials or the arrival of their selected building crew. A Builder’s Risk policy provides coverage for potential risks and hazards that may occur during the construction process, including damage, theft, vandalism, and other unforeseen events. This insurance coverage offers additional protection and peace of mind to the customer in the event of any unfortunate incidents. LBC advises the customer to consult with their insurance provider to determine the appropriate coverage and ensure that their project is adequately protected.
WASTE.
LBC recommends that the customer carefully assess their project specifications and site conditions during the planning phase to determine if specific waste management equipment, such as dumpsters, will be required for the construction process. It is the customer’s responsibility to discuss with their selected building crew whether the use of waste management equipment is necessary and to inquire about any associated costs or fees. We advise the customer to have this discussion prior to signing an agreement with LBC. LBC will not be held liable for any issues or costs related to waste management equipment and rentals.
In the event that the customer intends to dispose of remaining waste through burning, we strongly advise against burning any treated lumber materials, as they can release toxic substances. LBC will not be held liable for any damages, injuries, sickness, or death that may arise from the handling, mishandling, or burning of waste materials, including treated materials. Furthermore, please exercise caution when handling metal and trim cutoffs, as they can be extremely sharp and pose a hazard.
Please note that waste management and disposal are the customer’s responsibility, and it is important to comply with all applicable regulations and safety guidelines.
DAMAGES AND DELIVERY.
The customer acknowledges and agrees to ensure that adequate access is available to LBC and its agents from the main road to the job site, without any obstacles or limitations that may hinder the transportation of materials. This includes ensuring that there are no locked gates, narrow passageways, low clearance obstacles, weight-limited bridges, or terrain features that would inhibit the delivery trucks from reaching the job site. It is the customer’s responsibility to provide suitable access for both 1-ton truck and trailer combinations and 18-wheeled semi delivery trucks with a 53′ trailer. In some cases, the use of onsite material handling equipment, such as a piggyback delivery system or forklift, may be necessary.
The customer understands and acknowledges that while LBC, its employees, and agents will take all necessary precautions to minimize damage to property, they assume no liability for any damage that may occur during the delivery process. LBC does not provide any guarantee or warranty, either expressed or implied, regarding the prevention of damage. The customer waives any claims for damages or loss and understands that the driver of the delivery company has no authority to enter into any agreement or provide remedies for damages or loss on behalf of LBC.
It is the customer’s responsibility to notify LBC of any existing conditions or potential obstacles within the project location that may affect the delivery of materials. This notification must be made prior to the delivery of materials, and any agreements or remedies related to such conditions must be in writing and signed by both the Manager of LBC and the customer to be valid and binding.
Please note that LBC will make every effort to ensure a safe and smooth delivery process, but the customer assumes all responsibility for any potential damages or issues related to the delivery.
TOWING.
The customer acknowledges and agrees to be responsible for any towing fees incurred from the main road to the job site. It is the customer’s responsibility to ensure that the job site is accessible for delivery vehicles and to make necessary arrangements for towing services if required. Any towing fees incurred during the transportation of materials or equipment to the job site will be the sole responsibility of the customer. LBC its officer, employees, or agents, will not be liable for any towing fees or associated costs.
QUIKRETE.
To ensure the stability and structural integrity of the building, it is important to properly install the post holes. The customer is responsible for providing Quikrete or an equivalent bagged concrete for this purpose. Please follow the guidelines below to ensure a successful installation:
The recommended amount of Quikrete or equivalent bagged concrete is a minimum of two 80lb bags per post for a post depth of 3′ with a 12″ diameter, and a minimum of three 80lb bags per post for a post depth of 4′ with a 12″ diameter.
It is essential to consider factors such as wet or torn bags during the installation process and provide additional Quikrete accordingly.
To ensure a smooth workflow, it is recommended to have the Quikrete on the job site at least one day prior to the arrival of your selected building crew.
When storing the bags, it is important to keep them off the ground and positioned in the center of the dirt pad. Additionally, it is advisable to adequately wrap or tarp the bags upon delivery to protect them from the elements.
Please note the following important points:
Any changes to the weight of the bags or the dimensions of the post hole will more than likely require a different amount per hole, or in total, this list isn’t exhaustive.
Any excess Quikrete or bagged concrete materials after the completion of post installation will remain the customer’s property and responsibility.
LBC will not reimburse the customer for any costs associated with purchasing Quikrete or equivalent bagged concrete.
It is strongly recommended to follow the guidelines specified in the agreement as an extra precaution against wind uplift. Failure to do so may result in potential damages to the erected building caused by strong winds.
LBC will not be held liable for any damages that occur as a result of improper installation, including damages caused by wind uplift. It is crucial for the customer to carefully follow the provided guidelines and ensure the proper use of Quikrete or equivalent bagged concrete for the post holes.
If you have any questions or require further clarification regarding the Quikrete requirements, please don’t hesitate to reach out to our team. We are here to assist you and ensure a successful construction process.
PHOTOGRAPHS AND VIDEO.
At LBC, we value transparency and strive to provide exceptional customer service. To ensure accurate documentation, warranty fulfillment, and effective communication, we may request permission to photograph or video the construction site, structure, interior, and exterior of your project. These visual records play a vital role in our commitment to quality assurance, customer support, and marketing efforts.
By signing the agreement, the customer acknowledges and agrees to allow LBC the right to capture photographs and videos before, during, and after the completion of construction. This includes various stages of the project, such as site preparation, building progress, and the final outcome. The customer grants LBC unlimited permission to maintain and utilize these visual records for warranty purposes, customer service, and marketing materials.
We respect your privacy and understand that certain personal items or areas may require confidentiality. Therefore, it is the customer’s responsibility to remove or conceal any items they do not wish to be photographed or recorded.
Please be assured that the ownership and usage rights of these photographs and videos will reside with LBC. We prioritize the protection of your personal information and will handle these records with the utmost care and professionalism.
If you have any concerns or questions regarding the photographing or recording of your project, please feel free to discuss them with our team. We are committed to addressing your needs and ensuring that your experience with LBC exceeds your expectations.
Thank you for your understanding and cooperation. We appreciate the opportunity to serve you and look forward to delivering a successful construction project.
ELECTRIC SERVICE.
To ensure a smooth and efficient construction process, we recommend that the customer provides a 110v/20a electric service within 150 feet of the dirt pad. This electrical service will facilitate the operation of necessary equipment during the construction phase.
In the event that the specified electric service is not readily available at the designated location, it is the customer’s responsibility to discuss the potential need for a generator with their selected building crew. Any costs or fees associated with the provision of a generator should be addressed and agreed upon prior to signing the agreement with LBC.
We understand the importance of having proper electrical access for a successful project and want to ensure that all necessary arrangements are made in advance. By proactively discussing any electrical requirements or alternative solutions, we can help streamline the construction process and minimize any potential delays.
Should you have any questions or require further clarification regarding the electric service requirements, please don’t hesitate to reach out to us. We are committed to providing you with the necessary information and support to make your construction experience with LBC as smooth as possible.
Thank you for choosing LBC as your trusted partner in your construction project.
ENGINEERING CLAUSE.
At LBC, we prioritize the safety and compliance of our projects. Certain circumstances may require additional documents and certifications, such as sealed engineer blueprints, windstorm certifications, and FEMA Flood Plan Elevation Certificates. We want to ensure that our customers are aware of the associated costs and requirements for these specialized services.
Please note that any upgrades or changes in materials and delivery may also incur additional costs. It is important to discuss these requirements and associated fees with your LBC representative prior to signing the agreement. Should any of these documents be necessary for your project, they must be purchased prior to finalizing the agreement or a revision to the agreement may be required. Please be aware that any previous estimates or agreements will become invalid in such cases.
We understand that these additional requirements may impact your project budget and timeline. Our team is here to assist you in navigating these engineering considerations and providing the necessary support to ensure compliance with applicable regulations.
Should you have any questions or require further clarification regarding engineering requirements and associated costs, please don’t hesitate to contact us. We are committed to providing transparent and comprehensive information to our valued customers.
Thank you for choosing LBC as your trusted partner in your construction project.
SEVERE WEATHER CLAUSE.
At LBC, we prioritize the safety of our employees and agents as well as the well-being of our customers. We understand that severe weather conditions can impact the timely delivery of materials and construction schedules. While we make every effort to adhere to projected dates, we want to emphasize that schedules are tentative and subject to change based on weather conditions.
In the event of severe weather at the customer’s property or preceding sites, such as the manufacturer’s facility, that may pose risks to the safety of our team members, LBC retains the right to reschedule delivery and adjust the project timeline accordingly. These decisions will be made at the sole discretion of LBC, and we will promptly notify the customer of any delays or changes to the schedule.
We want to assure our customers that we are committed to keeping them informed throughout the process. Our team will make every effort to communicate any delays or schedule adjustments in a timely manner. We understand the importance of maintaining open lines of communication and working together to navigate unforeseen circumstances.
We appreciate your understanding and cooperation in recognizing that weather-related delays are beyond our control. Our primary concern is the safety and well-being of everyone involved in the project. Should you have any questions or concerns about the impact of severe weather on your project, please don’t hesitate to reach out to us.
Thank you for choosing LBC as your partner in building your project.
DEMOBILIZATION POLICY
At LBC, we understand that certain circumstances may arise during a building project that require the crew to temporarily cease work and later resume construction. This process, known as demobilization, may be necessary due to various factors such as project specifications, site conditions, and jurisdictional requirements.
We strongly recommend that customers carefully evaluate and research their project’s specifications, site conditions, and timeline during the planning phase to determine if demobilization will be necessary. This is especially important when dealing with jurisdictional regulations or unexpected events that may require the selected building crew to temporarily halt work without prior scheduling. It is the customer’s responsibility to discuss the need for demobilization, the expected timeline, and any associated costs or fees with their chosen building crew before signing an agreement with LBC.
Please note that LBC cannot be held liable for any issues, delays, or costs related to demobilization. While we strive to provide guidance and support throughout the building process, the decision to demobilize and the associated consequences are ultimately the responsibility of the customer and their selected building crew.
We encourage open communication and collaboration between the customer, building crew, and LBC to ensure a smooth and efficient construction experience. Should you have any questions or concerns regarding the demobilization process, we are here to provide assistance and guidance.
Thank you for your understanding and cooperation in adhering to our demobilization policy.
CHANGE ORDER POLICY.
Once the agreement is signed by LBC, it becomes a legally binding document. Any modifications to the agreement must be made in writing and signed by both the customer and the manager of LBC to be considered binding. All other changes to the contract require a written change order, which will outline the specific modifications, associated costs, and a payment schedule. In most cases, the change order must be signed and returned along with a payment of the additional costs before the ordering and shipment of additional materials can proceed.
It is important to note that any changes to the building specifications will require a change order. A change order fee of $500 per occurrence will be assessed for all customer-initiated change orders. However, modifications made to rectify clerical or typographical errors will not require a change order and will not be subject to a change order fee.
Our goal is to ensure clear communication and transparency throughout the construction process. By adhering to this change order policy, we can effectively manage modifications and provide accurate pricing and scheduling information.
Should you have any questions or require further clarification regarding the change order policy, please do not hesitate to contact us. We appreciate your understanding and cooperation in upholding the terms of this policy.
GOVERNING LAW; JURISDICTION; VENUE.
The validity, performance, construction, and effect of the Agreement shall be governed by the laws of the state of Oklahoma, without regard to “choice of law” or “conflict of law” provisions. Each party consents to the District Court of Cherokee County, Oklahoma, as the exclusive jurisdiction and venue to determine any non-arbitral disputes. The parties waive any argument or objection to such jurisdiction and venue and hereby agree that such jurisdiction and venue are mutually convenient.
WAIVER OF JURY TRIAL.
Each party hereby irrevocably waives its rights to trial by jury in any action or proceeding arising out of this agreement or the transactions relating to its subject matter.
LIQUIDATED DAMAGES.
The customer waives the right to seek liquidated or punitive damages against LBC it’s officers, agents, assignees, or heirs; et.al for delays in the project timeline.
DESIGNATED REPRESENTATIVE.
LBC reserves the right to communicate with only the designated authorized representative who is the signatory of the agreement and may not respond to other persons acting on behalf of the customer, without prior written notice of authorization from the customer. Their selected representative is bound by these terms and should be aware of the said terms before interaction with LBC. Failure on the part of the customer or their representative to know or understand these terms shall NOT be construed as a waiver of any or all the terms. The Customer understands and agrees the terms are binding.
PARTIAL INVALIDITY; SEVERABILITY.
Each article, paragraph, clause, sub-clause, and provision of these Terms shall be severable from each other and if for any reason any article, paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or unenforceability shall not prejudice or in any way affect the validity or enforceability of any other article, paragraph, clause, sub-clause or provision. These Terms and each article, paragraph, clause, sub-clause and provision hereof shall be read and construed so as to give thereto the full effect thereof subject only to any contrary provision of the law to the extent that where these Terms or any article, paragraph, clause, sub-clause or provision hereof would, but for the provisions of this paragraph have been read and construed as being void or ineffective, it shall nevertheless be a valid agreement, article, paragraph, clause, sub-clause or provision as the case may be to the full extent to which it is not contrary to any provision of the law.
FURTHER ASSURANCES; COOPERATION.
Each party hereto agrees to cooperate in all reasonable respects necessary to consummate the transactions contemplated by this agreement, and from time to time to do such acts and things and execute and deliver such documents and instruments as may reasonably be required in order to implement the transactions contemplated hereby. Each party hereto agrees to cooperate in the execution of subsequent addenda, or to re-execute an amended version of this agreement, in the event that a party discovers: 1) a clerical error; or 2) a misinterpretation of the law; or 3) an error as to form; when such error(s) obviate or hinder the consideration, performance, or enforcement of this agreement.
ASSIGNMENTS.
The customer shall not assign this agreement. The provisions of the agreement are binding on the heirs, successors, or assignees of the customer.
FORCE AND EFFECT.
The terms of this agreement shall remain in full force and effect following final payment.
WAIVER.
No failure to enforce any provision of the Agreement on account of any breach thereof shall be considered as a waiver of any right to enforce provisions of this Agreement concerning any subsequent or continuing breach.
INDEMNIFICATION.
The customer agrees to indemnify and hold harmless LBC, its officers, employees, agents, and any other involved parties, from any and all liability, claims, and demands arising from injury, loss, or damage. This includes claims related to bodily injury, personal injury, sickness, disease, death, property loss, or any other type of loss, which may be connected to this agreement.
The customer acknowledges that such injury, loss, or damage, whether in whole or in part, may be attributed to the act, omission, error, professional error, mistake, negligence, or fault of LBC or any of its officers, employees, agents, or representatives. Additionally, this indemnification extends to any worker’s compensation claims filed by employees of LBC.
By signing the “agreement” the customer is agreeing to this indemnification clause, the customer assumes responsibility for any liability, claims, or demands arising from the specified circumstances outlined above. It is important to carefully review and understand the terms of this indemnification provision.
Should you have any questions or require further clarification regarding this indemnification clause, please do not hesitate to contact us. We value your understanding and cooperation in upholding this provision to ensure a successful and protected contractual relationship.
FORCE MAJEURE.
Neither party shall be held liable for any delays or non-performance of their obligations under this agreement caused by circumstances beyond their reasonable control, except for payment obligations.
Force Majeure Event: A party shall not be held liable for any failure or delay in the performance of this agreement during the period in which such failure or delay is:
Beyond the reasonable control of the party.
Materially affects the performance of its obligations under this agreement.
Could not have been reasonably foreseen or prevented, except it shall not excuse failure or delay resulting solely from general economic conditions or other general market effects.
- Best Efforts to Cure: In the event of a threatened or actual default arising from a cause beyond its reasonable control, the defaulting party shall make its best efforts to avoid and remedy such default.
- Right to Extend: In the event of a threatened or actual default arising from a cause beyond its reasonable control, the defaulting party shall have the right to extend the project timeline with proper notification.
iii. Right to Terminate: If such an event prevents performance under this agreement for a period exceeding ninety (90) days, LBC may choose to terminate this agreement and/or cancel or suspend any related purchase orders by providing written notice to the customer.
Conditions of Force Majeure: The following are examples of force majeure events (this list is not exhaustive):
Unforeseen changes to legislation.
Wars and other hostilities, including acts of terrorism.
Adverse weather conditions.
Exceptionally adverse weather conditions.
Civil unrest, such as riots or revolution.
Workforce strikes.
Natural catastrophes, such as earthquakes, tornadoes, hurricanes, floods, fires, and volcanoes.
Epidemics or pandemics.
Economic collapse.
Please note that these conditions are provided as a reference and should not be considered an exhaustive list.
If you have any questions or require further clarification regarding the force majeure clause, please do not hesitate to contact us. We appreciate your understanding and cooperation in upholding the terms of this agreement.
PROJECT BILLING.
Project Billing for Onsite Work and Office/Clerical Tasks
At Legacy Barn Company (LBC), we provide comprehensive services to ensure the successful completion of your project. As part of our billing structure, we would like to outline the rates for onsite work performed by any officer, employee, or agent, as well as the billing rate for office and clerical tasks.
For onsite work, including time spent on site surveys, drive time, and unforeseen event mitigation, the billing rate is $220.00 per hour. This rate reflects the expertise and professionalism of our team members who are dedicated to ensuring the smooth progress of your project.
Additionally, for any office or clerical work carried out by our staff, the same billing rate of $220.00 per hour applies. We recognize the importance of administrative tasks in supporting the overall project management and coordination efforts.
Furthermore, mileage incurred during onsite visits or other project-related activities will be billed at a rate of $1.60 per mile. This mileage rate covers the expenses associated with transportation and travel to provide you with the necessary support and expertise.
We are committed to maintaining transparency in our billing practices and providing a clear understanding of the costs associated with our services. If you have any questions or require further details regarding project billing, please do not hesitate to reach out to our team.
Thank you for choosing Legacy Barn Company. We appreciate the opportunity to work with you and look forward to delivering exceptional service throughout your project journey.
CREDIT CARDS.
Payment Options and Credit Card Policy
At Legacy Barn Company (LBC), we offer various payment options to accommodate our customers’ needs. It is important to note that all pricing provided reflects a discount for cash payments, which allows us to offer competitive pricing on our products and services.
For customers choosing to make payments by credit card, please be aware that an additional 3% service charge will be applied to the total amount. This service charge helps cover the fees associated with credit card transactions.
While LBC generally accepts credit cards as a payment method, there may be instances where the acceptance of credit cards is not available. We recommend discussing your payment plan with your representative prior to signing the agreement to ensure that credit card payment is an option.
We strive to be transparent and provide clear information regarding payment methods and associated charges. By discussing your preferred payment method in advance, we can ensure a smooth and hassle-free payment process for you.
If you have any questions or require further clarification regarding payment options, please feel free to reach out to your LBC representative. We are here to assist you and find the bet payment solution for your needs.
Thank you for your understanding and cooperation in adhering to our payment policies. We appreciate your business and look forward to serving you.
RECORDINGS.
Quality Assurance and Data Privacy
At Legacy Barn Company (LBC), we are committed to providing excellent service and ensuring quality control throughout our interactions with customers. To achieve this, we record all inbound and outbound calls for quality assurance purposes. Additionally, office visits and field visits may be recorded using personal recording devices to further enhance our quality assurance efforts.
We understand the importance of protecting your data and maintaining its confidentiality. Therefore, we assure you that your data, including call recordings, SMS messages, emails, and other electronic records/recordings, will be securely and confidentially stored. These records are kept for quality control and assurance purposes.
Please be assured that your data will only be used in accordance with this document and for the purpose for which you have solicited our services. Additionally, it may be used for quality assurance, training, or dispute resolution purposes. At no time will LBC sell your data to any third parties.
We prioritize the privacy and security of your information and adhere to strict data protection practices. If you have any concerns or questions regarding the use or storage of your data, please do not hesitate to reach out to us.
Thank you for your understanding and cooperation. We appreciate your trust in LBC and remain committed to providing exceptional service while safeguarding your privacy.
PROPERTY AND BUILDING ACCESS.
Ensuring Property and Building Access
At Legacy Barn Company (LBC), we value the smooth and efficient execution of construction projects. To facilitate this process, it is essential for the customer to provide unfettered access to the project build site for LBC, its officers, managers, employees, suppliers, vendors, and inspectors. This access allows us to deliver materials, conduct inspections, and carry out necessary tasks to complete our portion of the project.
Additionally, the customer acknowledges and agrees that it is their responsibility to ensure not only access to and from the site but also the provision of adequate road access. This includes having an improved roadway such as a drive or gravel road in place. Having proper road access is particularly crucial during inclement weather conditions. Failure to provide an improved roadway can impede the delivery of materials and result in significant project delays.
The customer should be aware that any wrecker fees or damages caused to the property due to ruts or similar damage resulting from vehicles traversing or getting stuck in unimproved areas are the sole responsibility of the customer. It is important to create additional areas for the delivery vehicle to load, traverse, unload, place materials, and safely turn around to exit the site.
By ensuring unrestricted access and providing appropriate road access, you contribute to a smoother construction process and minimize potential delays or complications. We appreciate your understanding and cooperation in fulfilling these requirements.
Thank you for your cooperation in upholding these guidelines. We value your commitment to the successful completion of the project, and we are here to support you throughout the process.
UTILITY CORRIDOR.
Respecting Utility Corridors during Construction
At Legacy Barn Company (LBC), we prioritize safety and responsible construction practices. It is crucial for the customer to understand and take responsibility for ensuring that construction activities do not occur within utility corridors, which include overhead powerlines (primary or secondary) and underground power, gas, petroleum pipelines, water, sewer, telecom utility lines, aperture devices, or high-risk/critical infrastructure facilities or their easements.
We strongly recommend that the customer refrains from requesting the building to be constructed within 35 feet of an overhead powerline or within 4 feet of any underground utility lines or critical infrastructure facilities. These guidelines are in place to protect the safety of all parties involved and prevent potential damages or accidents.
To ensure compliance and safety, we highly recommend that the customer contacts the appropriate utility locating service (811) during the planning and design phase, well before the arrival of their selected building crew. This step allows for the identification and marking of utility lines, minimizing the risk of unintended disturbances or damages.
It is important to note that any issues, damages, injuries, fatalities, legal cases, or associated costs, fees, or fines that arise due to construction within utility corridors are the sole responsibility of the customer. LBC cannot be held liable for any such instances.
We prioritize the well-being of our customers and encourage responsible construction practices. By adhering to these guidelines and involving utility locates during the planning phase, you can ensure a safe construction environment while minimizing potential risks and liabilities.
Thank you for your understanding and cooperation in upholding these safety measures. We value your commitment to responsible construction, and we are here to support you throughout the process.
EASEMENTS.
Respecting Property Boundaries and Easements during Material Delivery
At Legacy Barn Company (LBC), we prioritize the responsible handling and delivery of materials to our valued customers. While LBC does not engage in construction work, we understand the importance of delivering materials to the intended location while respecting property boundaries and easements.
It is crucial to note that LBC does not recommend or endorse construction activities within rights of way (ROW) or easements owned or maintained by a third party. It is the customer’s responsibility to ensure that construction activities are conducted within their property boundaries, adhering to any applicable regulations and obtaining necessary permissions.
During material delivery, LBC will make every effort to place the materials in a designated area on the customer’s property, as instructed by the customer. However, we kindly request that customers avoid instructing us to drop the materials on someone else’s property, particularly within an easement or the Right of Way (ROW). Also important for the customer or their selected building crew to take precautions and avoid construction within ROW or easement areas.
LBC strongly advises customers to communicate and coordinate with relevant parties, such as local authorities or property owners, to obtain the required approvals and ensure compliance with property boundaries and easements. Construction activities within ROW or easement areas without proper consent may lead to complications, disputes, legal cases, or associated costs, which are solely the responsibility of the customer.
We emphasize the importance of responsible construction practices and the adherence to property boundaries and easements. By following these guidelines, you can maintain positive relationships with neighbors, property owners, and authorities while avoiding any unintended legal or logistical issues.
Thank you for your cooperation in adhering to these recommendations. We appreciate your commitment to responsible construction and material delivery, and we are here to support you throughout the process.
HOSTILITY.
Promoting a Positive Environment
At Legacy Barn Company (LBC), we prioritize maintaining a respectful and positive environment for our officers, members, and employees. We want to ensure a safe and professional atmosphere for everyone involved in our business interactions.
We have a zero-tolerance policy towards disrespectful language, threats, acts of malice, violence, or any form of threats directed towards our team. It is crucial to treat each other with dignity and respect throughout our partnership.
In the event that such behavior occurs from the customer or any person acting on behalf of the customer, LBC reserves the right to terminate the agreement. We believe in fostering healthy and constructive relationships, and any hostile actions or threats compromise that goal.
We encourage open and respectful communication to address any concerns or issues that may arise. Our team is committed to finding solutions in a professional and cooperative manner.
Thank you for your cooperation and understanding. We appreciate your partnership and look forward to serving you in a positive and productive manner.
DISPUTES.
Resolving Disputes Amicably
At Legacy Barn Company (LBC), we strive to maintain positive and respectful relationships with our customers. However, in the event that a dispute arises which cannot be resolved peacefully (without the threat or potential of violence), we want to ensure a fair and transparent process for all parties involved.
LBC reserves the right to terminate the agreement if a dispute cannot be de-escalated or remedied through peaceful means. We understand that disputes can be challenging, but we are committed to making every reasonable effort to find an amicable solution.
To address disputes, LBC will diligently explore various options, including but not limited to, arbitration and litigation through legal counsel. Our aim is to seek fair resolutions that uphold the best interests of all parties involved.
We strongly believe in open communication and encourage customers to reach out to us with any concerns or disputes they may have. Our dedicated team is here to listen, understand, and work towards finding a satisfactory resolution.
Thank you for your understanding and cooperation. We value our relationship with you and strive to handle any disputes with integrity and professionalism.
SATISFACTION.
Ensuring Your Experience with Us
At Legacy Barn Company (LBC), we genuinely care about our customers’ satisfaction and strive to provide exceptional service. While we make every effort to meet your expectations, it’s important to note that satisfaction is not guaranteed. We want to set realistic expectations and ensure transparency in our relationship with you.
While we aim to satisfy each customer, LBC is not obligated or mandated to compensate customers solely for the purpose of satisfaction. We want to be upfront about this, as it allows us to maintain fairness and clarity in our business operations.
Please understand that by choosing LBC, you agree to waive the right to compel us, including our officers, members, managers, employees, contractors, and subcontractors, to provide an implied or express guarantee of satisfaction or pursue customer satisfaction beyond what is outlined in our policies and agreements.
We value your trust and strive to provide the best possible experience throughout our partnership. Should you have any questions or concerns, please feel free to reach out to our dedicated team. We are here to assist you and ensure your experience with LBC is as positive as possible.
Thank you for choosing Legacy Barn Company. We appreciate the opportunity to serve you and look forward to meeting your needs with utmost dedication.
PROJECT TIMELINES.
LBC understands that project timelines are important to our customers, and we make every effort to provide estimated dates for project completion. However, it is important to note the following:
Tentative Nature: Timelines provided are tentative and subject to change or delay due to various factors beyond our control, including but not limited to weather conditions, availability of materials, unforeseen circumstances, and other project-specific variables.
No Guaranteed Dates: Dates given for project completion should not be construed as guaranteed commitments. While we strive to meet the estimated timelines, unforeseen circumstances may arise that can affect the schedule. Therefore, no guarantees, promises, or assurances, whether expressed or implied, can bind LBC to compensate the customer for project delays, loss of use, loss of revenue, or any punitive or liquidated damages.
Unrealistic Timelines: LBC reserves the right to reject any agreement, contract, change orders, or addenda for projects with unrealistic timelines. We believe in setting realistic expectations and delivering quality workmanship, and we may decline projects with timelines that are impractical or unachievable.
Invalidation of Agreements: If an agreement or contract includes an unrealistic or rigid timeline, it will be deemed invalid by LBC. We value open communication and collaboration with our customers to ensure a successful project, and setting reasonable timelines is an integral part of that process.
We understand the importance of timely completion and will make every reasonable effort to meet project timelines. However, we appreciate the understanding and cooperation of our customers in recognizing the inherent uncertainties and potential delays that can occur during the construction process.
REMARKETING.
LBC values and protects its intellectual property, including photos, videos, and marketing materials related to our buildings and products. We would like to emphasize the following regarding remarketing:
Prohibition: The remarketing of LBC buildings or products for private or commercial use is strictly prohibited. This means that customers are not allowed to resell or distribute our buildings or products for any purpose without prior written consent from LBC.
Ownership of Marketing Materials: Any photos, videos, and marketing materials created by LBC are the sole property of LBC. These materials are protected by copyright laws and are intended for promotional and informational purposes related to our business.
Legal Consequences: Any attempt to remarket or use LBC’s marketing materials, videos, or photos without proper authorization will be considered a violation of our intellectual property rights. LBC will take this matter seriously and pursue appropriate legal action, including civil and criminal prosecution, to protect our rights and seek maximum damages allowable by law.
We appreciate your understanding and cooperation in respecting our intellectual property and the terms outlined in this remarketing policy. If you have any questions or need further clarification, please don’t hesitate to contact us.
ENTIRE AGREEMENT.
This Agreement (“Agreement”) supersedes all prior agreements, written or oral, between the parties hereto with respect to the subject matter hereof and contains the entire agreement between the parties with respect to the subject matter hereof. This agreement may not be amended or supplemented, and no provisions hereof may be modified or waived, except by an instrument in writing signed by both of the parties hereto. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.
ELECTRONIC SIGNATURES.
The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither party shall contest the admissibility of true and accurate copies of electronically signed documents based on the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, “electronic signature” means a manually-signed original signature that is then transmitted by electronic means; “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a “pdf” (portable document format) or other replicating image attached to an e-mail message; and, “electronically signed document” means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature.
RESCISSION.
LBC understands that circumstances may arise where it becomes necessary to terminate or rescind an agreement. We would like to provide you with the following information regarding rescission:
LBC’s Right to Rescind: LBC reserves the right to terminate, withdraw, or rescind any agreement with notice, without providing an explanation, as a remedial action. This right will be exercised by LBC if the agreement meets specific conditions outlined below.
Conditions for Rescission: LBC may terminate, withdraw, or rescind an agreement if any of the following conditions are met:
- The agreement remains unsigned beyond the specified “valid for” duration or date.
- Clerical errors are discovered in the agreement.
- Changes to the design, costs, or timeline are made that significantly impact the agreement.
- The agreement has been executed, but the required monetary obligations have not been collected or received.
- The agreement has been executed, monies have been received, but fulfillment has not commenced.
Termination Process: If LBC needs to terminate, withdraw, or rescind an agreement after fulfillment has already commenced, the process will be guided by the provisions in the cancellation policy or other equitable terms specified in these Terms.
Refund of Collected Monies: In the event of termination, withdrawal, or rescission by LBC, both parties agree that any collected monies will be refunded to the customer, and no further obligations will remain for either party. The terms and obligations of the agreement will become void “ab initio.” The parties will take the necessary actions to effectuate the rescission as per the provisions in this section.
Waiver of Right to Rescind: Except as provided in this policy, the customer expressly waives any right to rescind the agreement.
We appreciate your understanding of these provisions related to rescission. Should you have any questions or require further clarification, please feel free to reach out to us.
CANCELLATIONS.
We understand that circumstances may arise where a cancellation request for a signed and executed agreement becomes necessary. Please take note of our cancellation policy outlined below:
- Cancellation Requests with No Exchange of Monies and No Production Run:
If a cancellation request is made for a signed and executed agreement where no monies have been exchanged, and no production run or other types of fulfillment have commenced, the customer is entitled to a full refund.
- Cancellation Requests with Exchange of Monies and No Production Run:
If a cancellation request is made for a signed and executed agreement where monies have been exchanged, but no production run or other types of fulfillment have commenced, the customer is entitled to a full refund.
- Cancellation Requests with Exchange of Monies and Commencement of Production Run:
If a cancellation request is made for a signed and executed agreement where monies have been exchanged, and a production run or other types of fulfillment have commenced, the customer is not entitled to a refund.
We encourage customers to carefully consider their commitment to the agreement before signing and exchanging any monies. Cancellation requests made within the applicable guidelines will be processed promptly, and refunds will be issued accordingly.
If you have any further questions or need assistance regarding the cancellation of an agreement, please do not hesitate to contact us.
WARRANTY DISCLAIMER CLAUSE.
By signing a “Post-Frame Materials Only Purchase Agreement” the customer understands and agrees they are purchasing a material only package. This package does not include instructions, costs or labor of the erection or installation of the building materials, blueprints, permits, as such, LBC does not provide a workmanship warranty on raw materials. Please discuss a workmanship warranty, its coverage, duration and any applicable cost or fees with your selected building crew.
LBC provides specific limited manufactures warranties where applicable. LBC and its employees and or agents will not be responsible for damages caused by misuse, improper installation, mishandling, negligence, damage by the owner or their agents, third parties, weather, or any act of God. Please see LBC warranty policy for more details on limitations and or coverage.
WARRANTY POLICY
WHAT IS COVERED
Any material or Manufacture’s defects found during the Manufacturer’s warranty period and found to be within the guideline of the manufactures warranty terms, and properly installed; will be, upon customer request, mitigated by LBC. This includes photographs, site inspections, meetings, phone calls, and other investigative operations or tasks on behalf of the customer, at no extra charge.
Craftsmanship and or workmanship is defined by any task in the performance of construction or erection of the building, by an employee, contractor, or sub-contractor of LBC. LBC no longer Utilizes any Contractor, sub-contractor, or employee to install or erect the buildings or building materials, thus we cannot offer or extend a craftsmanship or workmanship warranty, of any kind. At no time shall any portion of these Terms or the agreement be construed as a workmanship or craftsmanship warranty, explicit or implied.
LBC Recommends the Customer to Discuss with their potential crews, the crew’s warranty policy, coverages, exclusions, duration, and associated costs prior to selecting their contracting their selected crew or before signing the Agreement with LBC. Any errors either of willful or gross negligence that results in substandard construction or deviation from design, which lowers the quality or integrity of the building, will be considered a workmanship or craftmanship issue.
Any issues that the customer believes are a result of defective materials will be investigated by LBC. Once the investigation has been concluded and the results do indicate a manufacturer’s defect, LBC will replace the defective materials and associated building components at no additional charge to the customer. All labors and equipment to replace the material or the affected building components will be at the customer’s expense.
For additional questions or concerns please contact LBC by e-mail ([email protected]) or by phone (918.458.0827). We are available to our customers during normal business hours 8am – 5pm central time Mon. – Fri. Excluding holidays.
To have an investigation launched immediately to correct or resolve the issue ALL claims must be submitted via our claims form accompanied by photo or video evidence and any requested supporting documents or evidence. Claim validity will be determined at the sole discretion of the authorized LBC representative assigned to your claim. Our Claims Form can be found here found at: https://form.jotform.com/92174676754166
WHAT IS NOT COVERED
Any acts of vandalism, violence, war, terrorist acts, negligence (willful or gross), arson, fire, improper installation, chemically aggressive environments, improper care/maintenance, mishandling, modifications, product/materials not provided by LBC, or damages by natural forces/acts of God.
Any items (contents) in the building that are damaged by the aforementioned or by the following: fault, pestilent infestations, leaks, wind or exposure forces as a result of substandard workmanship or material defects will not be replaced by LBC.
It is recommended that Windows be placed under a porch or lean-to of significant coverage, those that are not, may not be covered under manufacturer’s warranty.
It is recommended that Walkin be placed under a porch or lean-to of significant coverage, those that are not, may not be covered under manufacturer’s warranty.
It is recommended that Walk doors are installed with an outswing, inswing installed doors will have a limited Manufacturer’s warranty against leaks.
Ridge vents, Gable vents, and Cupolas are not covered under Manufacturer’s warranty from leaks.
Frame outs for windows, walk doors, or overhead doors do not have a Manufacturer’s warranty against leaks. To include but not limited to customer provided doors and windows.
LBC at no time expresses or implies any such warranty beyond a manufacturer’s warranty for “material only packages” or “kits”. LBC neither expresses nor implies a warranty of any building design, building Material, or component that was not purchased through LBC, all warranty claims must be accompanied by: (a) proof of purchase (c) photographic or video evidence of the issue being claimed (d) properly filled Claim Form providing customer name, job number, phone number, address, and perinate building and claim details. Without this information the claim will be rejected and will not be processed or investigated or replaced.
Buildings with spray foam applied directly to the substrate of the metal will invalidate the Manufacturer’s warranty in part or in full at the sole discretion of LBC. It is Recommended that at a minimum of house wrap be installed between the Metal substrate and the Wood Frame, like wise additional fasteners on each side of the Rib around Opening and addition fasteners on the Metal Panels Rib Be applied on all buildings where SprayFoam will be applied. Optionally it is recommended to have the building designed for and utilizes plywood or OSB sheathing such as a Zip Systems sheathing board or comparable product applied in lieu of the House wrap.
Buildings with concrete installed or applied directly to the substrate or face of the metal or trim (encapsulating) will invalidate the Manufacturer’s warranty in part or in full at the sole discretion of LBC.
Any injury sustained, or further damage incurred, during an unauthorized attempt to repair or replace any materials due to substandard workmanship or material defects, by the customer or by others, is at the sole responsibility and liability of the customer. All warranty replacement or repairs are to be done by a competent Post frame Building Contractor of your choice; all associated costs are the responsibility of the customer. Failure to adhere to this will invalidate any manufacturer’s warranty by LBC, or any claim for manufacturer’s warranty submitted by the customer to LBC.
Any additions, modifications, or damage by the customer or by other parties may void the Manufacturer’s warranty in part or in whole. All manufacturer’s warranty guidelines are to be followed. Any deviation from this standard may result in the invalidity of the manufacturer’s warranty.
LBC at no time expresses or implies any such warranty or warranty coverage against settling and damages or repairs of damage due to settling, such instances are at the customer’s expense. LBC recommends using a competent excavation company to build an adequate dirt pad to limit the possibility of settling. Use of settlement protection products are recommended but in no way shall be construed as the “perfect solution” or an insurance policy. LBC holds No liability for the performance of these products.
No part of this warranty expressed or implied constitutes an insurance policy for the building, the material, the component, or the design. At no time shall this warranty be construed as an acceptable means for causation or effectual remediation of incurred costs for associated damages related to, but not limited to, workmanship or material defects.
It is not recommended to leave any opening(s) of an LBC post-frame building exposed, longer than 1 month(s) without protective sheathing, such as, but not limited to, post trim or other trim(s) where applicable or coating applied within 30 days of installation.
By signing the “agreement”, the customer acknowledges and agrees to the warranty conditions, and that no other statements expressed or implied negate the contents and conditions of this “warranty policy.”
RETURN POLICY: ENSURING A SMOOTH TRANSACTION
At Legacy Barn Company (LBC), we strive to provide a hassle-free experience for our valued customers. We understand that circumstances may arise where returns become necessary. Please review our return policy below:
Return Charges:
In the event of a returned check, a nominal $50 charge will be assessed. Additionally, a $100 charge will be applied for stop payments. We appreciate your understanding of these charges, as they help us maintain smooth and efficient operations.
Material Only Packages:
Please note that returns are not accepted for Material Only Packages. We have carefully curated these packages to offer you the best value and convenience. As a result, all sales of Material Only Packages are considered final.
Custom-Building Sales:
When it comes to custom-building sales, we are unable to accept returns. We work closely with our customers to ensure that their custom projects meet their unique specifications. As such, all sales for custom-building projects are final.
Policy Updates:
Our return policy may be subject to periodic updates and changes. We will make every effort to communicate any modifications to you in a timely manner. Rest assured, any changes will be implemented with your best interests in mind.
Case-by-Case Consideration:
In certain exceptional situations, we may consider returns on a case-by-case basis. Decisions regarding returns will be made at the sole discretion of LBC, taking into consideration the specific circumstances surrounding each request.
By completing a transaction with LBC, you acknowledge and agree to the conditions outlined in our return policy. We want to ensure clarity and transparency in all our transactions, and your understanding of this policy is greatly appreciated.
At Legacy Barn Company, we are dedicated to providing quality products and exceptional service. If you have any questions or concerns regarding our return policy, please do not hesitate to reach out to our customer service team. We are here to assist you and address any queries you may have.
Thank you for choosing Legacy Barn Company. We appreciate your business and look forward to serving you with the utmost professionalism.
DESIGN DISCLOSURES
SLIDING DOORS
When it comes to sliding doors for your building, please note the following information:
Panel Size and Opening Size:
Sliding door sizes are based on the panel size and not the opening size. As a result, the opening will be one pole width narrower than the nomenclature or the panel size. The pole width is determined by the size and placement of both the building and the door, typically ranging between 4.5 feet to 7 inches. It is the customer’s responsibility to verify that the actual opening size is large enough for its intended purpose. LBC cannot be held liable for any oversight in this matter on the customer’s part.
Sealing and Weatherization:
Sliding doors, especially in agricultural applications, are preferred because they do not provide the same level of sealing as overhead doors. It is important to note that LBC makes no warranties or guarantees, express or implied, that a sliding door provides an adequate barrier to the environment, elements, or pests. LBC will not be held liable for any issues or damages arising from the weatherization or expectations of weatherization of a sliding door.
Split Sliding Doors and Concrete Installation:
Split sliding doors should not be installed on a project that requires concrete to be installed before or during construction. If this situation arises, it is considered a clerical issue, and the customer must inform the Customer Service Representative (CSR) to make the necessary modifications to the agreement. Failure to address this issue will render the agreement wholly and immediately invalid.
Metal Framed Doors:
All sliding doors provided by LBC are metal framed. LBC does not recommend wood-framed sliding doors.
Please take these factors into consideration when selecting sliding doors for your project.
OVERHEAD DOORS.
When it comes to overhead doors for your building, please consider the following information:
Door Size and Frame:
Overhead door sizes should not be narrower than the specified dimensions indicated by the name of the door. If the opening frame is narrower than the intended size, it will be repaired at no cost to the customer to meet the correct size. However, please note that the opening may be slightly larger than the named size. It is the customer’s responsibility to measure the finished opening before pricing, ordering, or installing the final overhead doors. LBC cannot be held liable for oversight in this matter on the customer’s part.
Water Key or Storm Lip:
Typically, overhead doors are designed to accommodate a ¾” water key or storm lip. It is important to ensure that your selected building crew is aware of this requirement or any modifications you have made regarding the specified overhead door height on the agreement or for your project’s needs.
Wall Height and Clearance:
LBC generally recommends upgrading the wall height of a building to accommodate a door of a certain size. The standard design requirement is that the wall height must be 2 feet 6 inches higher than the opening on commercial doors. For example, an 8-foot tall door requires a 10-foot 6-inch wall height. However, in some cases, customers may opt to go with the originally requested wall height. Please note that if the requested wall height does not provide sufficient clearance for the assembled door, LBC cannot be held liable for any resulting issues. It is essential to verify with your door installer that the requested height will yield enough clearance for the assembled door. LBC does not recommend any door assembly utilizing or requiring low clearance radial track.
Size and Wind Limitations:
LBC does not recommend overhead doors that exceed 16 feet in width or are greater than 14 feet in width in high wind areas. The maximum width of an overhead door frame provided by LBC is 20 feet on a gable wall and 16 feet on an eave wall. The use of a scissor or vaulted truss design does not override the size limitations of an overhead door.
Placement and Water Key:
Please consider potential conflicts with overhead doors, as it is not recommended to place overhead doors within 4 feet of the corner of a building that has an installed walk-in door. It is advisable to ensure that the overhead door opening is perpendicular to any existing door or track assembly to avoid potential conflicts when the doors are opened. LBC cannot be held liable for oversight in this matter on the customer’s part.
Water Key and Framing:
LBC highly recommends forming and pouring a water key at each door location. The water key should be at least 3.5 inches wide and run from the outside of the left door pole to the outside of the right door pole on the inside of the door opening and in between the door poles. The recommended depth of the water key is 3/4 inch, not exceeding 1 inch, but not shallower than 1/2 inch. It is the customer’s responsibility to notify LBC, their selected building crew, and their overhead door installer of the depth or design of the water key so that the door can be framed accurately.
Framing and Threshold:
Overhead doors will be framed to include the water key, if known or if present. The overhead door will be framed to be 1/2 inch smaller than the named door size to ensure that the actual door rests above and behind the inside door header. The framing height will be based on the top of the bottom plate (green board), minus the depth of the water key if known or if present. If a slab with or without a water key is present during framing, the height of the finished slab will be factored into the framing. If no slab is present or will not be poured in the future, it is recommended to frame the doors from the bottom of the “bottom plate” (green board). If no slab is present or will not be poured in the future, it is the customer’s responsibility to provide either a concrete beam for the actual overhead door or a wood box beam to ensure the overhead door has a dedicated threshold for adequate stopping resistance and a seal. Legacy Barn Company LLC does not provide this, and LBC cannot be held liable for oversight in this matter on the customer’s part.
Additional Considerations:
Please note that spring pads or appropriate back jambs may not be specified in the material package. The typical overhead doors designed by LBC are commercial grade doors without electric openers and are available in sizes incrementing by 2 feet in height and width. All dimensions regarding overhead doors are given in width x height format (e.g., 10ft x 8ft). It is important to note that LBC’s overhead door frames and trim may not be compatible with all types of doors and weather stripping by other manufacturers. Additional weather stripping or trimmings may be required by the customer or their door installer at the customer’s expense.
Consider these factors when planning for overhead doors and ensure effective communication with your selected building crew and door installer to meet your specific requirements.
#3 LUMBER CONDITIONS.
When it comes to #3 lumber grade, which is the standard for “barn” construction in LBC buildings, please consider the following information:
Characteristics of #3 Lumber:
#3 lumber, specifically southern yellow pine, is typically classified as construction grade lumber. It is often juvenile lumber with higher knots and a higher moisture content from the mill. This grade of lumber is considered the lowest and cheapest grade that still meets construction standards. It is widely accessible in the smaller range of dimensional lumber selection.
Availability and Sourcing:
#3 lumber is not commonly found when sourcing materials locally for a project build site. In such cases, it may be substituted with a Douglas Fir alternative, which is more readily available from local sources. This substitution helps ensure that the required lumber is accessible for construction purposes.
Moisture Content and Mold:
#3 lumber generally has a higher moisture content from the mill or supplier, which can contribute to a higher content of bundle mold. The presence of moisture in the lumber, combined with the bundling process, may result in further molding while bundled. It is important to be aware of these characteristics when working with #3 lumber.
Please be mindful of the characteristics and availability of #3 lumber grade when planning your project. Consult with LBC to determine the most suitable lumber grade based on your specific requirements and available options.
#2 OR BETTER AVAILABILITY.
When it comes to #2 southern yellow pine lumber, please note the following information:
Mid to Higher Grade:
#2 southern yellow pine is considered a mid to higher grade of lumber, known for its quality and characteristics. It generally has fewer knots, a tighter grain pattern, and a slightly higher fiber density compared to #3 lumber.
Limited Availability:
Not all sizes of dimensional lumber in #2 grade are available through LBC’s standard material suppliers or distributors. Availability of #2 lumber can vary and often changes due to market demand and fluctuations. As a result, LBC cannot guarantee the availability of #2 or better lumber for your project at the time of estimating, signing, or ordering.
Cost and Usage:
#2 lumber is typically drier and of higher quality than #3 lumber, which also comes at a higher cost. It is important to note that #2 lumber is not typically used as “barn” lumber, whereas #3 lumber is the more common choice in the industry.
It is important to be aware of the limited availability of #2 or better lumber and understand that its availability can fluctuate. Consider alternative options and consult with LBC to determine the most suitable lumber grade for your specific project needs.
CONCRETE SLAB POURED BEFORE CONSTRUCTION.
If the customer requests the building to be attached to an existing concrete slab or stem/retaining wall, known as “slab mount,” the following information should be considered:
Suitability and Cost-Effectiveness:
This option is best suited for buildings that do not exceed 12 feet 6 inches in height. It is primarily used to avoid potential conflicts with digging in rock or other challenging site conditions. However, it is important to note that pouring the concrete slab before construction is not very cost-effective unless it is specifically required due to the aforementioned site conditions.
Dependence on Existing Slab:
With the “slab mount” option, the structural integrity of the building becomes dependent on the existing slab. It is crucial to recognize that the building warranty will be heavily modified to reflect that the integrity of the building is only as strong as the existing slab.
Drill Set Brackets:
LBC can design and supply the drill set brackets needed to accomplish the slab mount. However, LBC does not provide installation services for the slab mount materials or labor.
Careful consideration should be given to the suitability and cost-effectiveness of the slab mount option. Understanding the dependency on the existing slab and the modification of the building warranty will help in making informed decisions about using this method for your construction project.
CONCRETE SLAB POURED DURING CONSTRUCTION.
In certain cases, customers may request the building posts to be direct buried, as per our standard practice. However, due to factors such as building size and opening locations, it may not be economically or practically feasible to pour the concrete after construction. In such situations, pouring the concrete slab during construction may be necessary. Please consider the following information:
Material Order and Temporary Bracing:
Pouring the concrete slab during construction may require a separate, specific material order to accommodate the process. Additionally, additional temporary bracing may be needed, which adds to the overall cost. It’s important to note that not all of LBC’s recommended building crews prefer or provide this option. The availability and pricing of this additional option are subject to change without notice.
Risks and Challenges:
When utilizing the “Poles & Plates Job” option, there are inherent risks and challenges involved. Poles and plates, even when properly braced and staked, can be damaged or knocked out of alignment. They may also weather or degrade if not properly stored or after installation by the selected building crew. These factors can make the completion of the building more difficult or even impossible in severe cases. In such situations, additional labor and expenses may be incurred. Please note that LBC cannot be held liable for the costs associated with the aforementioned damages or remedies.
Careful consideration and communication with your selected building crew are essential when opting for pouring the concrete slab during construction. By being aware of the potential challenges and associated costs, you can make informed decisions and ensure the successful completion of your building project.
CONCRETE SLAB POURED AFTER CONSTRUCTION.
In certain instances, customers may request the building posts to be direct buried after construction, which is the standard design approach for LBC. This method is efficient and cost-effective, reducing construction costs. However, it is important to note the following considerations:
Site Conditions and Digging Difficulty:
Depending on the site conditions and digging requirements, such as the size of the building and layout of the openings, the concrete crew may find it impractical or more challenging to pour the concrete after construction. In such cases, additional fees may be charged by the concrete contractor. It is the customer’s responsibility to assess the available options and determine the best course of action.
Risks and Potential Damage:
Pouring the concrete after construction poses certain risks, including the potential for damage to metal panels, trim, posts, windows, doors, and other components. Care must be taken to ensure that the concrete crew does not pour on, allow concrete to splash on, or come into contact with the back of the metal panels (the “substrate”). Failure to properly clean the substrate before hardening can invalidate the metal manufacturer’s warranty, either partially or entirely, at the discretion of the manufacturer.
It is essential for customers to be aware of these risks and potential warranty implications when opting for pouring the concrete slab after construction. Careful coordination with the concrete crew and adherence to proper cleaning procedures can help mitigate these risks.
POLES AND PLATES SCHEDULING.
The “Poles and Plates Jobe” option involves mobilizing a crew to the project site to install the poles and bottom plates, in preparation for the customer to pour a concrete slab. After this initial phase, the crew demobilizes from the site and returns at a later date. It is important to note the following considerations:
Limitations and Additional Charges:
The availability of this option is subject to crew availability and geographic location. It may require separate delivery charges, additional materials, and additional labor fees, which are determined by your selected building crew.
Project Timeline and Delays:
Selecting the Poles and Plates Jobe option inherently increases the project timeline. In some cases, it can significantly extend the required time for completion. This can lead to scheduling and logistical challenges for both the customer and the selected building crew, potentially resulting in delays to the project’s completion and exposure of materials already on site to weathering.
Material Storage and Guarantees:
If the customer chooses this option, which is not recommended by LBC, it is advisable to ensure proper storage of the materials. However, no guarantees, expressed or implied, can be provided by LBC regarding the timeline for the selected crew’s return to complete the project.
Scheduling Conflicts and Customer Responsibilities:
This option inherently increases the risk of potential scheduling conflicts, especially with regards to weather conditions. If the customer cannot complete their portion of the work within the specified time, it is the customer’s responsibility to mitigate material loss by covering or moving the materials to a covered area. The customer may also be solely responsible for any damages to the materials resulting from moving or failing to properly cover all perishable materials.
It is important to carefully consider the implications of selecting the Poles and Plates Jobe option, as it can impact the project timeline, introduce scheduling challenges, and require additional responsibilities from the customer.
SPRAY FOAM USE ON A LEGACY BUILDING
When considering the use of spray foam insulation on a legacy building, please be aware of the following important information:
Potential Risks:
Spray foam is a thermally induced, pressure-applied, chemically aggressive, binary compound adhesive foam insulation product. If not applied correctly, it can cause issues such as leaks in the seams of the metal panels. This can occur when the foam becomes trapped between the wood structure and the gaps in the metal panel reinforcement rib. The excess pressure from the foam can separate the seams, creating gaps that allow water intrusion.
Moisture Concerns:
Another concern with spray foam insulation is the potential for moisture to become trapped between the metal panels and the foam insulation. This trapped moisture can lead to pinhole leaks and rust, which can invalidate the manufacturer’s warranty for the metal panels.
Impact on Workmanship Warranty:
The application of spray foam to a legacy building installed after the construction of the building may partially or fully invalidate the workmanship warranty provided by your selected building crew. The extent of the warranty invalidation is solely at the discretion of the crew.
Communication with Building Crew:
It is crucial to discuss the use of spray foam, any required barriers needed before the application of spray foam, and any inclusion or exclusion of spray foam with your selected building crew. This conversation should include the impact on their workmanship warranty and any necessary measures to ensure proper application and prevent potential issues.
By understanding the risks and having open communication with your building crew, you can make informed decisions regarding the use of spray foam insulation on your legacy building while considering the warranty implications.
AGREEMENT ANNOTATIONS.
Handwritten Annotations:
Handwritten annotations made by the customer on the agreement will not be accepted unless specifically mentioned otherwise. With the exception of the customer’s signature or color choices (on provided blank lines), any changes to the agreement by the customer must be counter-signed and agreed to by an authorized representative of LBC.
Invalidation of Agreement:
Any other annotation by the customer, such as written notes or instructions, that are not typed or previously agreed upon and signed by an authorized representative of LBC may invalidate the agreement.
Please be aware of these guidelines regarding annotations to ensure the validity of the agreement.
AVAILABILITY AND SUBSTITUTION OF MATERIALS.
Material Substitution:
LBC reserves the right to substitute any material that is currently unavailable through their normal supplier. While LBC will make efforts to notify the customer of any material substitutions or unavailability that may impact the project, it is not guaranteed that the substitution will be of equal or higher value, nor will LBC always have prior knowledge of the substitution.
Color Availability and Gauge:
- Please note that not all colors are available in 26 Gauge (hereafter “GA”). If a customer requests a color that is not available in 26 GA, LBC will send the same color in 29 GA or request the customer to submit an alternate color choice. If no alternate color choices are provided in writing prior to LBC ordering the material, the original color will be sent in 29 GA.
- In the case where the customer requested a color that is not available in 26 GA, but the customer wishes to proceed with the requested color in 26 GA from another vendor, it can be provided at an additional cost. This upgrade charge will not be reflected in the Agreement and may be billed as a back charge. The customer may also be entitled to a refund of the difference in cost between 29 GA and 26 GA.
BREACH OF CONTRACT
Any breach of contract by the customer may result in an additional fee of $2,500.00, as well as any associated costs incurred for collection or litigation, including court costs and reasonable attorney fees.
By acknowledging these provisions, you understand the potential for material substitutions, the availability of colors in different gauges, and the consequences of breaching the contract.
LEAN-TO DESIGN STANDARDS.
Please review the following design standards and considerations for lean-to structures:
V-Braces:
- V-Braces are not allowed on porches, lean-tos, eyebrows, or gable roof extensions where ceiling metal or other underpinning materials will be installed.
- V-Braces are not permitted on the aforementioned add-on options if the post is covered by post trim.
- Covered V-Braces can be installed on the aforementioned add-on options if the post is covered by post trim.
- Covered V-Braces cannot exist on the aforementioned add-on options where ceiling metal or other underpinning materials will be installed.
Maximum Width:
The maximum width of an LBC lean-to is 19 feet, subject to applicable wall heights and required clearance. As a standard recommendation, the width of the lean-to should not exceed the height of the wall to which it is attached.
Pitch Requirements:
- The minimum pitch for an LBC lean-to is 2/12 to ensure adequate wind uplift resistance.
- The maximum pitch for an LBC lean-to is 5/12 when continued from a main building roof pitch of 5/12.
- LBC lean-to roof pitches should be equal to or less than the main building roof pitch.
Clearances and Spacings:
- It is the customer’s responsibility to verify that all clearances provided will be sufficient for the desired intended or future purposes.
- The maximum post spacing for a lean-to is 12 feet, which should match the post spacing of the corresponding wall of the main building when applicable. The standard post spacing is 10 feet.
- The maximum rafter spacing of a lean-to is 5 feet and should never exceed this distance under any foreseeable circumstance.
- Unless otherwise specified, the rafter spacing of an LBC lean-to is 5 feet.
- Customer understands that all clearances provided have a margin of error of +/- 2 inches and do not anticipate cutouts or material buildup, such as gravel or concrete slab, under the lean-to.
- Clearances given apply to all sides of the lean-to or porch unless modifications are factored in and annotated on the agreement.
Underpinning and Ceiling Metal:
- Unless otherwise specified, all prices exclude underpinning or ceiling metal for porches or lean-tos.
- Customer responsibility includes determining the type and size of the guttering to be installed and notifying LBC accordingly for appropriate pricing and construction. Typical guttering sizes include 4 inches for residential and 6 inches for commercial applications.
Post Spacing and Clearances:
- Similar to main building posts, the post spacing indicated for a lean-to represents the “on center” spacing and may not reflect the actual clearance between posts, except for overhead door openings. It is the customer’s responsibility to ensure that the actual clearance between posts is adequate for the intended purposes. LBC shall not be held liable for modifications or repairs resulting from oversight on the customer’s part in this matter.
Opening Placement and Post Location:
If the placement of an opening, such as windows, walk doors, or overhead doors, on the main building wall conflicts with the standard on-center post location on the eave of a lean-to, it is the customer’s responsibility to relocate the opening on the design prior to construction. In most cases, the placement of a standard on-center post location for the lean-to cannot and should not be moved, as it can compromise structural integrity and aesthetic symmetry. LBC shall not be held liable for modifications or repairs resulting from oversight on the customer’s part in this matter.
By understanding and adhering to these lean-to design standards, you can ensure the successful construction and functionality of your lean-to structure.
GUTTER READY.
LBC does not provide installation services for guttering of any type. However, we offer a service to prepare the building for the installation of guttering. It is the customer’s responsibility to notify LBC if guttering preparation is required as part of the design and agreement. Please note that Gutter Ready is not a standard option, and unless otherwise specified and clearly annotated, all prices exclude this option.
To ensure accurate pricing and construction of the guttering preparation, it is important for the customer to determine and inform LBC about the type and size of guttering to be installed. Typically, residential guttering is 4 inches wide, while commercial guttering is 6 inches wide. The objective is to cut back the metal to create a metal drip edge that is approximately half the width of the selected guttering. In some cases, blocking between truss heels may be necessary to provide sufficient mounting space for the guttering. However, please note that the specific guttering requirements may vary among installers.
By communicating the guttering specifications and requirements to LBC, you can ensure that the building is appropriately prepared for the installation of the guttering.
CONCRETE READY.
Concrete Ready refers to the process of preparing the building to accommodate any concrete flat work on the exterior or adjacent to the building. This option is crucial for maintaining the integrity of the metal panel warranty by elevating the metal and trim above the proposed finished concrete elevation. Proper design and installation can also help mitigate the risk of moisture seepage or leaks into the main building. To achieve these benefits, it is recommended that any concrete flat work poured outside the building be at least 1.5 inches below the finished height of the interior slab.
It is the customer’s responsibility to assess if and where this option is required and inform LBC accordingly as a requirement in the design or agreement. Please note that Concrete Ready is not a standard option, and unless otherwise specified and clearly annotated, all prices exclude this option. If this option is installed, it is the customer’s responsibility to cover any exposed treated bottom plates to prevent deterioration until the concrete is poured.
LBC cannot be held liable for the loss of warranty entitlements or any modifications or repairs resulting from oversight on the customer’s part regarding this matter.
By understanding and acknowledging the importance of the Concrete Ready option, you can ensure the proper preparation of your building for concrete work and protect your warranty coverage.
MISCELLANEOUS DISCLAIMERS
Please read the following disclaimers regarding truss design, specifications, usage limitations, customer responsibilities, and communication procedures:
Truss Design and Specifications:
The overall truss design and specifications are determined by the truss designer, manufacturer, or design engineer. They may vary from the initial concept, design, or specifications provided.
Truss Load Ratings:
Unless otherwise stated in the agreement, all trusses are designed for a 1-pound Bottom Chord Dead Load (1# BCDLL). Please note that 1# BCDLL trusses are not rated for attachment to or in between the bottom chords. Any attachment applied in these areas will void the Engineering and Manufacturer’s warranty.
Weight Ratings:
- 5# BCDLL trusses are rated for 29-gauge metal or PVC ceiling metal only. Please ensure that the weight rating of 5# per square foot is not exceeded when applying any sheathing. Failure to adhere to these specifications will void the Engineering and Manufacturer’s warranty.
- 10# BCDLL trusses are rated for ½-inch sheetrock, plywood, or OSB only. Please ensure that the weight rating of 10# per square foot is not exceeded when applying any sheathing. Failure to adhere to these specifications will void the Engineering and Manufacturer’s warranty.
Building Design Limitations:
Unless otherwise specified, the building design provided is not suitable for any kind of living quarters, temporary or otherwise, in accordance with federal law.
Main Building Post Spacing:
The spacing mentioned for main building posts reflects the “on center” spacing and may not accurately represent the actual clearance between posts, except for overhead door openings. It is the customer’s responsibility to ensure that the actual clearance between posts is adequate for their intended or future purposes. LBC shall not be held liable for modifications or repairs arising from oversights in this matter on the part of the customer.
Window Placement:
Windows should not be positioned within 3 to 4 inches of a post. Please consider this requirement when planning window placement to avoid any structural complications.
Structural Considerations for Window Installation:
Posts cannot be removed for the placement of a window without special consideration and a specified structural window design. Please consult with LBC regarding any window installation that involves post modifications.
Use of Materials:
The use of materials provided by LBC or other third-party contractors is prohibited under this agreement. The customer understands and agrees that any such use may result in material shortages, which will be back charged to the customer. This includes material replacement costs and additional delivery charges. For example, if LBC supplies a building package and materials are removed for other purposes, resulting in a shortage for the intended construction crew, LBC will not be responsible for material replacement, delays, or associated costs.
Construction Documents:
- WH refers to “Wall height” and CH refers to “Ceiling height” on all construction documents. There is typically an 11.5-inch difference between these measurements.
- Roof pitches up to 5/12 can be requested. However, it is recommended to discuss steeper roof pitches with your selected building crew. The final roof pitch may be determined by the truss designer, manufacturer, or truss design engineer.
Customer Responsibility for Windows and Doors:
It is the customer’s responsibility to provide LBC with the rough opening size of any customer-provided windows and walk doors before signing the agreement. LBC recommends having all customer-provided windows or doors onsite and available before the selected crew begins setting the poles. A picture or website link to the distributor or reseller will not suffice, as the actual rough openings may differ.
Wall Girts and Roof Purlins:
Unless otherwise specified, all wall girts and roof purlins provided by LBC are standard 2×4 #3 lumber, spaced 24 inches on center and laid flat.
Engineering and Certifications:
- Unless otherwise specified and clearly annotated, LBC buildings are not fully engineered. Trusses are engineered, and a stamped print can be provided upon written request. Typical fulfillment of the request is within 48 hours, and it is typically free of charge.
- Prices do not include stamped engineered certifications or prints, windstorm certifications, or floodplain elevation certifications. These may be provided at an additional cost.
Verification of Certification Requirements:
It is the customer’s responsibility to verify if the project falls within a Wind Certification required area or zone and/or FEMA FloodPlain certification required area or zone.
Material Placement and Liability:
- Materials must be placed within 30 feet from the building pad and laid out appropriately, without stacking. Any instructions from the customer to the delivery personnel contrary to this provision shall incur additional liability as outlined in the preceding provisions.
- If, during delivery, the pad is not ready or inaccessible due to an unimproved road or other factors, and the materials cannot be placed on or near the pad, it becomes the customer’s responsibility to have equipment on-site to move the materials into position before the crew’s arrival. The customer assumes all liability for any damages resulting from the moving, handling, or mishandling of the materials.
Wood Bee Damage:
LBC cannot be held responsible for damages caused by wood bees in or around the project location. It is the customer’s responsibility to protect any exposed lumber or posts from wood bee damage. Proper protection should conform to known standards of care and maintenance to avoid invalidating the manufacturer’s warranty.
Communication and Availability:
- LBC is available to customers and clients from 8 AM to 5 PM, Monday to Friday, excluding holidays.
- While emails are a commonly used communication method, LBC recommends following up via phone or text to ensure that important messages are received. Due to various factors, such as email filtering, messages can sometimes be missed or redirected. Ensuring direct communication minimizes the risk of messages being lost.
Phone Call and Voicemail Response:
- LBC aims to answer every phone call but, due to high call volumes and limited staff, this may not always be possible. If you are unable to reach us, please leave a voicemail with your contact information and we will call you back at our earliest convenience.
- Please note that we cannot guarantee a specific response timeline, but we will make every effort to contact you as soon as possible.
Consent for Communication:
By requesting an estimate or signing this agreement, you consent to allowing LBC to contact you via Phone, SMS, MMS, Email, Mail, or Fax for the purpose of fulfilling the request or discussing the agreement. Standard carrier rates may apply. You may opt out of SMS or MMS messaging at any time by replying STOP in the message thread.
SMS and MMS Communication:
By initiating contact via SMS or MMS, you implicitly consent to contact from LBC through the same channel. Standard carrier rates may apply. You may opt out of SMS or MMS messaging at any time by replying STOP in the message thread.
Contact Information:
Please ensure that all pertinent contact information, including name and email address, is provided when communicating with LBC via SMS or MMS, as it helps us deliver effective customer service.
Chalk Lines and Paint Coating:
During construction and repairs, building crews may use chalk lines to mark the proper position of fasteners, including metal fasteners. Please be aware that these lines may remain after the crew completes the job. In high heat or arid environments, the lines can become permanent when baked into the paint coating. It is the customer’s responsibility to remove or have these lines removed in a timely manner after completion to prevent potential warranty issues.
Delivery Confirmation and Impediments:
It is the normal practice for LBC to instruct the transportation company to contact the customer at least 24 hours prior to delivery to confirm the delivery, discuss payment, access, site conditions, and weather conditions. If site or weather conditions make safe and proper delivery difficult, it is the customer’s responsibility to notify the transportation company and request a reschedule. If the customer proceeds with delivery despite potential impediments, the customer assumes liability for towing fees, equipment required for material movement, and any subsequent re-delivery attempts.
By acknowledging and understanding these disclaimers, you are fully informed of the relevant details, limitations, and responsibilities associated with your agreement with LBC.
Any agreement or transaction executed before 01/01/22 are pursuant to these “former”
UNIVERSAL TERMS OF SERVICE
Due to the ongoing market volatility in response to the Covid 19 pandemic, prices are changing daily with moderate and very significant changes weekly and monthly, respectively. For this reason, Legacy Barn Company has been forced to modify its business model of fixed contract pricing to a variable pricing structure based upon estimates which are only valid for 24 hours. This is an attempt to stay solvent and operational which remains a top priority to the officers of this company.
Additionally, in response to the instability of the market, Legacy Barn Company is taking several actions to keep ahead of the changes as much as possible. This is our notice to you our valued customer of some of these actions. LBC can no longer issue quotes, long-term fixed price quotes or contracts, or extensions of any existing Quotes or Contracts. Likewise, LBC shall not issue any written or verbal “ballpark” pricing, except through a formal estimate.
- The Escalation clause of the “Universal Terms of Service” has been added and is now in effect.
- When signing the contract the customer understands and agrees that the building materials must be picked up or shipped from the distributor’s yard on or before the 7th day and the contract price is valid for 7 days from the date it is issued by Legacy Barn Company. After the 7th day period, the pricing is subject to change in accordance with market volatility.
- You will be required to provide two checks at the time of pickup or delivery
- The first check will be made to Legacy Barn Company for the down payment amount.
- We do not accept any electronic payments, except bank wire transfers and they must be made the day before it is picked up or delivered, as they take 24 hrs (workweek) to complete
- The second check will be made out to Burrow’s Post Frame Supply for the materials amount.
- The first check will be made to Legacy Barn Company for the down payment amount.
- We only accept certified cashiers checks as payment.
- If picking up at the supplier, you may pay with cash, certified cashier’s check, or credit/bank card to the supplier for the materials amount.
- Please be aware that prices change marginally on a daily basis, moderately on a weekly basis, and significantly on a monthly basis.
- We are no longer taking down payment due at signing. We have moved this to be due at the time of material delivery or pick up.
- Materials are invoiced the day they are shipped or picked up. The final material cost (LBC’s invoice from materials supplier) may not be accurately known until the materials have left the supplier’s yard.
- LBC will do our best to help you mitigate major changes, but cannot make any guarantees written or implied and shall not be held financially liable if an increase negatively affects your project or budget.
- If changes are made to the building design or specifications during or after the 7-day window, current pricing at the time of the change may negatively affect your project price.
- Delivery dates cannot be scheduled until we have received a written and signed commitment to purchase or a valid contract.
- The customer has the right to cancel up to the point when the production run has been started then heavy fees and charges will apply.
- Restock fee of 40% of the materials cost if the order is canceled.
- If canceled after the material is en route or on your site will incur the original delivery fee plus restock fees and return mileage fee at the rate of $4.50/mile and any applicable fee for offloading, drop charge or reloading fees as they might apply.
- Stock items for delivery require at least 8 days by our supplier’s standards to have shipped, 4 days if being picked up.
- Special order item lead times have been drastically increased from 2-4 weeks, some items 8-12 weeks, out depending on the item. We do not recommend choosing options that are special order. This may incur large additional costs.
- The customer’s 3rd party delivery company or the customer picking up the materials are responsible for the material while in transit after they leave the yard in regards to loss damage, replacement costs; if stolen or destroyed. We will count and take pictures of the materials on the truck before they leave the yard. We recommend you or your driver do the same. If picking up the materials, it is the responsibility of the customer to confirm the weight of the materials and that the vehicle is rated and safely capable of hauling the materials to the destination. We recommend the customer hiring a 3rd Party delivery company to secure the material as soon as it is ready to keep from having to absorb increases waiting on the delivery date.
- We are moving to a rapid fluidic format when it comes to delivery and building schedules to stay ahead of large material price increases. This will be controlled chaos.
- We can no longer guarantee or even imply a crew start date until materials are on the customer’s premises. It may still be several weeks before the crew arrives due to the nature of having to advance the delivery or pickup of materials to head off price change.
- Unexpected weather and production delays may cause delivery delays which could cause an increase in the total cost. We will do everything we can to help get the material out of the yard before it increases, but we make no guarantees we will be able to do so.
- Please be ready to receive the materials if by delivery, Please have adequate access that remains suitable and dry enough for delivery or have an alternate plan in place to receive the material if wet weather is an issue the day of delivery.
- Please have a way to adequately store the materials inside or off of the ground and cover the materials with tarps.
- We will no longer be reimbursing for tarps coverage materials or labor to apply.
- If you choose to leave the material uncovered you assume the liability to replace material items which become warped twisted or otherwise unusable to weathering effects.
The customer understands and is in agreement that Legacy Barn Company has no control of the market volatility, costs, timeline and delivery delays, or product availability. Please understand we do not like this situation in any way and we appreciate your patience and understanding as we attempt to navigate this situation with the least amount of dysfunction.
ESCALATION
The customer understands and agrees that LBC has the right to seek relief of any additional cost incurred due to an increase in materials beyond its control. Furthermore, the customer may be billed for such an increase at the time of delivery or pick up of materials or as a back charge after completion of Delivery, Pick up, or Construction if applicable, to be paid in addition to the final payment as applicable or through a separate invoice. Legacy Barn Company agrees to absorb any additional costs increase up to, but not to exceed $200 above what is expected by LBC during the Formulation of the Estimate.
Overages: Any increased amount over $200 as a difference between the Supplier’s Sales Order Acknowledgment (received by LBC after placing the “Purchase Order”) and the Suppliers Invoice total amount (received by LBC when materials have left the yard) constitutes the “overage” to be paid, this overage will be communicated to the customer by a representative of LBC in an attempt to seek relief. It is the responsibility to pay the remainder of the overage if in excess of the $200 amount paid by LBC.
Payments: The customer understands these terms and conditions and agrees to fully pay the “overage” as defined in this clause, as always when regarding payments; TIME IS OF THE ESSENCE. The customer shall have no more than 5 days to make the payments to cover the overages.
When this clause is in effect it shall supersede any related clause or condition of the UTS as it is and when any such clause term or condition is in conflict, the Escalation clause shall be the prevailing rule, and remain in effect until such time as it is disclosed and no longer in effect on LBC’s Documentation.
CODE AND PERMIT.
The customer is responsible for and is required to research any and all local building codes and criteria. The customer is responsible for submitting all pertinent code and criteria in the jurisdiction and obtaining approval for which the project is located before signing the contract. The required code criteria including material specifications, building specifications, limitations, licensures, and other regulatory requirements are to be submitted to Legacy Barn Company, LLC (hereafter “LBC”) for review before quoting. A minimum of $500 fee to be added to all contracts requiring building permits in addition to any additional charges to cover code compliance upgrades, this fee, and associated costs may be assessed as a back charge in the event of no foreknowledge was provided. The customer is responsible for any fines or citations for non-compliance or failure to file permits, and any project shutdowns because of non-compliance or failure to file permits, will be assessed a demobilization charge to the customer of $750 or their standard demobilization (hereafter “demob”) fee by zone, whichever is greater. If LBC is not permitted to resume work by failure to comply on the part of the customer, then the contract(s) related to the projects will be immediately and automatically invalid. The customer must render the full amount due at completion at the said time regardless of completion status and LBC shall not be responsible for the liability of completion of any of the contract obligations. Unless otherwise and clearly annotated on the contract all prices do not include any of the aforementioned charges, fees, or fines.
PAD PREPARATION.
A level site is required. The pad must be within 6″ of level, free of vegetation, obstacles, vehicles, and debris. If not, any work or material required including; longer poles, skirting, other solutions, materials or labor to accommodate the unleveled site will be at customer’s expense and added to the total contract price or be back charged accordingly. If in the event the crew arrives, and the site is beyond the level requirements set out above, the customer will be assessed a demob charge of $750, or the standard demob fee by zone, whichever is greater. The customer will then need to have the pad brought within tolerances specified. If LBC is requested to build on native, out of level ground; a fee of $500 per day will be assessed as a back charge for the duration of the project. The builder does not do “dirt work” (i.e. site prep and pad construction). All work by others regarding site prep and pad construction must be completed prior to the builder’s construction start date. Site and pad must be clear of equipment and debris prior to construction start date. LBC will not be held liable for any issue that arises out of the site being ill-prepared and the customer specifically releases LBC from any financial or other obligation arising therefrom.
ROCK & HARD DIGGING.
It is the customer’s responsibility to notify LBC if rock or other materials are present, which may inhibit excavation. To include, but not limited to; digging for pier holes to set posts for the buildings as required prior to or at the time of LBC formulating an estimate for the customer. All prices reflected herein, unless otherwise annotated in the contract, do NOT include charges for such rock or hard digging conditions.
If the customer notifies LBC of the presence of rock or other hard digging conditions on site to include, but not limited to; rock type, density, frequency, and depth, LBC will factor in the rock charge into the bid at a 10% discount from what would otherwise charge if discovered subsequent to contract start.
If rock or hard digging is discovered subsequent to contract start.; without prior notification, as aforementioned, there will be a back charge to the customer of $750 per day, for a maximum of 3 days. If the target depth cannot be reached within 3 days the crew will pull off the job, assessing the standard demob fee by zone. The fee will be due before the crew leaves the job site. This charge does not include any equipment or rentals if needed. It will be the customer’s responsibility to have the holes opened to the target depth. If the use of an air compressor, jackhammer and or rock auger is required, the customer will be responsible for the cost of equipment rental delivery, pickup, fuel, maintenance, and rental insurance. This fee will be assessed as a back charge. LBC will attempt to minimize the costs through other manners, if possible and in such event, the costs may be less. Final charges, fees, and associated costs to the customer are at the sole discretion of LBC.
The crew may require utilization of the following equipment to mitigate the rock or hard digging conditions. A rock bar, a jackhammer (electric) with generator, a jackhammer (pneumatic) with compressor, skid steer or tractor (enough in size and power), and auger with rock bit teeth. All equipment and or equipment rentals required for mitigation of the rock or hard digging is the responsibility of the customer.
The crew will not utilize any heavy equipment such as a backhoe or hydraulic excavator. At no time shall LBC nor any crew member be responsible or liable or compelled to be liable for the cost of blasting or the required permit for blasting, or any damages or other liability associated with blasting to reach target depth.
EQUIPMENT & RENTALS.
For the purpose of this the agreement, the reference to the word equipment shall be construed as medium or heavy-duty machinery (not to include the use of hand tools and small power tools). During the normal course of construction, during repair or addon jobs, to include but not limited to; poles and plates jobs. The need may arise due to certain foreseeable or unforeseeable situations that may warrant or require the use of standard or specialized equipment to ensure the proper, safe, efficient, or timely performance of any given task necessary to complete the project as outlined in this the agreement or other instruments related to this the agreement. Unless otherwise and clearly annotated in the contract, all pricing does not include the costs or fees associated with the equipment. LBC nor any of its construction crews will have on hand or on-site any standard or specialized equipment.
As forgoing, all equipment and or equipment rentals required by or for the purpose as aforementioned is the responsibility of the customer to provide said equipment on the date or the time specified when possible. In those cases, and after notification by LBC, it will be the customer’s responsibility to provide the necessary equipment to the job site when needed in proper working condition for such instances. The customer’s failure to do so will result in additional costs to the customer, as determined by and at the sole discretion of LBC.
LBC will if in the event of a foreseen situations, shall notify and annotate when applicable the need for the equipment, the name or size of the equipment, the period in which it will be needed and the likely duration for which it will be needed. Likewise, in the event, an unforeseen situation arises where equipment is needed LBC will notify this customer as soon as possible.
LBC will require a skid steer/tractor of sufficient size and power, auger, and or other equipment for post holes that are required to be more than 3 feet deep by 12 inch in diameter by local code or for other situations on site, which inherently change LBC’s standard method of construction.
Additional equipment may be required; such as equipment to accommodate setting trusses at a given height, when installing ceiling metal, or working roof and upper wall metal, trim, and/or fasteners at certain heights.
If a customer’s project requires any equipment and the customer requests LBC to provide the equipment, there will be a back charge equaling the cost of the equipment rental, delivery / pickup, maintenance, & fuel + 20% which will be due upon the completion of our portion of the project as a back charge.
SITE SECURITY.
The customer is responsible for all materials delivered to the job site and left on site. LBC, contractors, and delivery personnel are not responsible for damage, theft, vandalism, or damages to or of materials on site before, during or after construction.
WASTE.
The customer is responsible for all job-related waste product clean up and removal (i.e.: board cut-offs, sawdust, metal/trim cut offs, & etc.). Contractor trash, such as; soda bottles, food wrappers, etc., will be disposed of by the contractor. The customer understands and agrees that if the customer wishes to have onsite dumpster service it will be at the customer’s expense and the customer is responsible for the logistics & liability thereof. The customer must notify LBC if dumpster service is requested prior to the mobilization of the crew. Otherwise, no guarantees will be made expressed or implied that the crew will make use of the dumpster service provided. In the event the Customer wished to burn the remaining waste, it is strongly recommended that the customer does NOT burn any treated lumber materials, this WILL be toxic. LBC shall not be held liable for any damages injuries sickness or death that may arise from the handling, mishandling, or of the burning of waste materials; including but not limited to. treated materials. Please be advised metal and trim cutoffs are EXTREMELY sharp and can be a hazard when handling.
DAMAGES AND DELIVERY.
The customer will be responsible to ensure adequate access is available to LBC and its agents from the main road to job site, free of; locked gates, narrow passageways, low clearance obstacles, weight limited bridges, and or terrain features that would inhibit transportation of materials, by either; a 1-ton truck and or trailer combination and or an 18-wheeled semi delivery truck with a 53′ trailer. The use of onsite material handling equipment may be required. (i.e.: piggyback delivery system class of forklift.) The customer understands and agrees that LBC, their employees, contractors, and agents will do everything possible to limit damage to property. However, LBC, its employees, contractors, and agents assume no liability if of any such damage. No guarantee is, has or will be made, either expressly or by implication, and the customer waives all such guarantees or warranties. Damages to landscaping, tin horns, fencing, gates, flowerbeds, roadways, and cattle guards etc., may occur while delivery is made. The driver of any such delivery company has no authority to bind LBC into any agreement or remedy for damages or loss. Any and all agreements must be in writing, signed by both the Manager of LBC and the customer to be effectual or binding. The customer is responsible to notify the builder if any might exist within the project location or for access to the project location prior to the delivery of materials.
TOWING.
The customer will be responsible for any towing fees incurred from the main road to the job site.
QUIKRETE.
The customer is to provide Quikrete or equivalent bagged concrete for post holes. A minimum of two 80lb bags per post for post depth of 3’ @ 12” diameter is required, with a minimum of three 80lb bags per post for post depth of 4’ @ 12” diameter. The customer should account for wet or torn bags in the installation process and provide additional Quikrete accordingly. The Quikrete must be on the job site the day prior to the arrival of the crew. Those bags should be stored sufficiently off the ground located in the center of the dirt pad and adequately wrapped or tarped upon delivery. Any excess of those materials will remain with the customer after installation of the posts. LBC is not responsible for reimbursement of any costs, for any such Quikrete, in any way.
PHOTOGRAPHS AND VIDEO.
The customer acknowledges and agrees to allow LBC to photograph and or video the site, structure, interior, and exterior, in part or in whole, before, during, and or after the completion of construction. The customer grants the builder unlimited permission to maintain records of these photographs or videos for warranty, customer service, and marketing purposes. The customer is responsible for the removal or concealment of items they do not wish photographed or videoed. The customers acknowledge and agrees that any such photos and or videos become the property of LBC.
ELECTRIC SERVICE.
110v/20a electric services must be available within 150 feet of the dirt pad. If said service as specified is not provided, the customer will incur and be responsible for an additional $250 per day. If LBC or its crew is required to supply a generator, the customer shall be responsible for an additional minimum (back charged) fee of $300. If a generator is supplied by the customer, the customer waives any liability on the part of LBC its directors, employees, contractors or agents. Likewise, the customer agrees to hold harmless the aforementioned in the event of damage or other costs for said generator.
If an electric jackhammer is needed on the job site, then a generator will be required regardless of distance from electric service and the customer will be responsible for the costs of acquisition and operation of both the generator and jackhammer for the full duration it is required.
ENGINEERING CLAUSE.
If sealed engineer blueprints, windstorm certifications, and or FEMA Flood Plan Elevation Certificates are required, as well as; any upgrades or changes in materials, delivery, and or labor will be at an additional cost to the customer. In the event any or all these documents are required, they must be purchased prior to the contract and a revision to the estimate, quote, or contract will be required, any and all previous estimates, quotes, or contracts will become invalid.
WARRANTY DISCLAIMER CLAUSE.
In most cases, LBC workmanship is guaranteed for 1 year, in addition to any applicable manufacturer warranties. LBC and its employees, contractors, agents will not be responsible damages caused by misuse, negligence, or damage by the owner, third parties, weather, or any act of God. Please see LBC warranty policy for more details on limitation and or coverages.
SEVERE WEATHER CLAUSE.
The customer acknowledges and agrees that LBC will make all attempts to start and complete the project by the dates projected in the initial agreement. However, LBC retains the right to reschedule the projected dates as necessary for the safety of its employees, contractors, and agents in such circumstances, which will result in delays to those dates. All such delays shall be at the sole discretion of LBC and customer acknowledges and agrees to the same. LBC shall notify the customer of any and all such delays and changes to the schedule in a timely manner.
RETURN POLICY.
It is the customer’s responsibility to view LBC’s return policy, which is viewable publicly at http://www.legacybarnco.com/info/return-policy. By signing the contract, the customer agrees to the terms and conditions therein.
DEMOBILIZATION POLICY.
The customer understands that any event onsite which requires the builder or the crew to stop work in the middle of the job without the event having been previously scheduled and factored in to the quote; will result in the customer being assessed a demobilization fee of $750 per occurrence or a standard demob fee by zone, whichever is greater. Please see the chart “Standard Demob Fees by Zone” for more information.
CHANGE ORDER POLICY.
The customer understands and agrees that once the agreement is signed by LBC it becomes a legal and binding contract. Only modifications in writing and signed by both the customer and the manager of LBC shall be binding. All other modifications to this contract require a written change order which will state the changes to be made, the associated costs, and a payment schedule. The change order must be signed and returned with (in most cases) a percentage of the addendum costs before the additional materials can be ordered and shipped. All changes to building specifications will require a change order. All customers requesting a change order will be assessed a change order fee of $500 per occurrence. Modifications to resolve any clerical or typographical errors do not require a change order and will not be assessed a change order fee.
Change orders during construction will be assessed the typical fees for change order, change order fee, materials, delivery, and labors, in addition to any applicable fee for waiting typically ($100 per hour.) or demob fee, situation dependent and at the sole discretion of LBC. Please see the chart “Standard Demob Fees by Zone”.
GOVERNING LAW; JURISDICTION; VENUE.
The validity, performance, construction, and effect of the contract shall be governed by the laws of the state of Oklahoma, without regard to “choice of law” or “conflict of law” provisions. Each party consents to the District Court of Cherokee County, Oklahoma, as the exclusive jurisdiction and venue to determine any non-arbitral disputes. The parties waive any argument or objection to such jurisdiction and venue and hereby agree that such jurisdiction and venue are mutually convenient.
WAIVER OF JURY TRIAL.
Each party hereby irrevocably waives its rights to trial by jury in any action or proceeding arising out of this agreement or the transactions relating to its subject matter.
SERVICES NOT PROVIDED.
LBC does not provide any type of elevation grade, such as; site clearing, dirt work, and or pad prep work. LBC does not provide any type of turnkey installation, such as; stud wall installation, finish out work, concrete, flatwork, spray foam, batted or blown insulation, or any other type of residential insulation work.
SLIDING DOOR SIZES.
Sliding door sizes are based upon the panel size and not the opening size. This will result in the opening being one pole width narrower than the nomenclature or the panel size. The pole width is determined by the size and placement of both the building and the door respectively and will range between 4.5ft to 7in. It is the customer’s responsibility to verify the actual opening size is large enough for its intended purpose. LBC cannot be held liable for oversight of this matter on the customer’s part.
Sliding doors are generally preferred on agricultural applications, primarily because the Sliding door will not seal as an overhead door. LBC makes no warranties or guarantees, express or implied that a sliding door provides an adequate barrier to the environment, elements, or pestilence. LBC will not be held liable for issues or damages arising from the weatherization or expectations of weatherization of a sliding door.
Split sliding doors CANNOT be installed on a project that requires concrete to be installed before or during construction, if this instance occurs this is a clerical issue and the customer MUST inform the Customer Service Representative (henceforth “CSR”) so that a modification can be made to the contract. Otherwise, the contract becomes wholly and immediately invalid.
All sliding doors are metal framed, LBC does not provide wood framed sliding doors.
OVERHEAD DOORS.
Overhead door sizes shall not be any narrower than the name indicates, or the opening frame will be repaired at no cost to the customer to meet the intended size. However, the opening may be slightly larger than the name indicates. It is the customer’s responsibility to measure the finished opening before pricing ordering or installing the final overhead doors. LBC cannot be held liable for oversight of this matter on the customer’s part.
Likewise, it is standard practice to upgrade the wall height of a building to accommodate a door of a certain size. However, in some instances the customer has opted to go with the originally requested wall height, this is well within your right, provided we are not contracted to install the door. If this is the case, the overhead door contract will become invalid. Please note that our standard is the wall height must be 2ft 6in higher than the opening on commercial doors (typically spec’d out). An 8ft tall door requires a 10ft 6in wall height and so on, until the door height reaches 14ft in height then, we must have a wall height of 17ft or greater. This is recommended by our installer. Each installer is different, please verify with your door installer that the request height will yield enough clearance for your assembled door. We cannot recommend any door assembly utilizing or requiring low clearance radial track. LBC cannot be held liable for oversight of this matter on the customer’s part.
We cannot recommend overhead doors that exceed 16ft in width or greater than 14ft in width in high wind areas.
The maximum width of an overhead door frame provided by LBC is 20ft on a gable wall and 16ft on an eave wall.
The use of a scissor or vaulted truss design does not negate the size availability or limitations of an overhead door.
The maximum height of an overhead door frame provided by LBC is 14ft tall and is limited from there by the wall height.
Please consider potential conflicts with overhead doors as we do not recommend placing overhead doors within 4ft of the corner of a building which has an installed walk-in door on it. We recommend placing the overhead door opening perpendicular to each other without first ensuring the door or track assembly does not pose a potential conflict when the doors are opened. LBC cannot be held liable for oversight of this matter on the customer’s part.
We highly recommend a water key be formed and poured at each door location, the water key will need to be at least 3.5in wide and run from the outside of the left door pole to the outside of the right door pole on the inside of the door opening and in between the door poles. We recommend 1/2in deep not to exceed 1in deep. This key can slope or drop or a combination of both. It is the responsibility of the customer to notify LBC or the crew of the depth or design of the water key so that the door can be framed accurately. LBC cannot be held liable for oversight of this matter on the customer’s part.
Overhead doors will be framed to include this water key, if known or if present, the overhead door will be framed to ½ smaller than the door name such as a 10ft tall door will be framed 9ft 11.5in to ensure the actual door will rest above and behind the inside door header.
Overhead doors will be framed to the top of the bottom plate (green board) minus the depth of the water key, if known or if present. If a slab with or without a water key is present during framing, then the height of the finished slab will be factored in.
If no slab is present or will not be poured in the future, if known, the doors will be framed from the bottom of the “bottom plate” (green board). It is the responsibility of the customer to notify LBC or the crew of the depth or design of the water key so that the door can be framed accurately. LBC cannot be held liable for oversight of this matter on the customer’s part.
If no slab is present or in the event no slab will be poured in the future. It is the customer’s responsibility to provide either a concrete beam for the actual overhead door or a wood box beam to ensure the overhead door have a dedicated threshold to provide adequate stopping resistance and a seal for the door installer. Legacy Barn Company LLC will not provide this. LBC cannot be held liable for oversight of this matter on the customer’s part.
Projects, where the overhead door will be installed by our sub-contractor, a spring pad and appropriate back jambs, will be placed according to his specifications.
Projects where the overhead door will be installed by others, spring pad or appropriate back jambs may not be installed.
Projects with overhead doors will require an additional contract specific for overhead doors.
Projects with overhead doors cannot be canceled once ordered.
Installed overhead doors are not covered by LBC workmanship warranty.
Installed overhead doors are not available in all project locations of our service area.
Not all sizes colors or designs of overhead doors are available through LBC’s supplier or installer.
Typical overhead doors we provide and quote are white commercial grade doors with no electric opener in sizes of 2ft increment in height and width.
All dimensions regarding overhead doors are given in Width X Height. I.e. 10ft X8ft.
LBC’s overhead door frames and trim are not compatible with all types of doors and weather stripping by others, additional weather stripping or trimmings may be required by the customer or their door installer at the customer’s expense.
#3 LUMBER CONDITIONS.
#3 lumber grade is typical “barn” construction and is the standard on LBC buildings unless otherwise requested and or available. #3 lumber southern yellow pine is typically juvenile lumber with higher knots, higher moisture content from the mill. It is the lowest and cheapest grade lumber that is still classified as construction grade. It is the most predominant and widely accessible in the smaller range of the dimensional lumber selection. It is not typically found by sourcing locally to a project build site and when necessary may be substituted with a Douglas Fir alternative, which is more common when locally sourced. #3 lumber typically has a higher content of bundle mold from the mill or supplier due to the higher moisture content and may be subject to further molding while bundled.
#2 OR BETTER AVAILABILITY.
#2 southern yellow pine is mid to higher grade of lumber and is not available in all sizes of dimensional lumber through LBC’s standard material suppliers or distributors. Only selected lumber sizes are available, and availability can and often change due to market demand and fluctuations. LBC cannot guarantee that #2 or better lumber will be available for your project at the time of contract or order. #2 lumber generally is drier than #3 from the mill, has fewer knots, tighter grain pattern and has a slightly higher fiber density, which comes at a higher cost. #2 is not typically used as “barn” lumber, whereas #3 is the typical choice industry-wide.
CONCRETE SLAB POURED BEFORE CONSTRUCTION.
This would be if the customer requested the building to be attached to an existing concrete slab, or stem/retaining wall, known as “slab mount”. Best suited to buildings that do not exceed 12ft 6in in height and for a largely practical purpose of avoiding conflict with digging in rock, this option is not very cost effective unless in situations aforementioned. Likewise, the structure then becomes dependent on the integrity of the existing slab and the building warranty would be heavily modified to reflect the building will only be as integral as the slab. Currently, LBC does not install any slab mount materials or their labors as needed.
CONCRETE SLAB POURED DURING CONSTRUCTION.
This would be if the customer requested the building posts be direct buried (our standard practice), yet the customer could not economically or practically justify pouring the concrete after construction due to building size and opening locations or other site conditions which would prohibit pouring the concrete after construction. This will add to the project cost and timeline; additional and separate deliveries and crew travel times will increase the project cost significantly. Additional temporary bracing would also need to be added to the cost. Not all of LBC’s construction crews prefer or even perform this option. This Option is known as a Poles & Plates Job, the availability and pricing of this additional option are subject to change without notice. Poles and place even properly braced and staked can be damaged or knocked out of alignment making completing the building more difficult or even impossible in some major situations, additional expense may be incurred in this event, LBC cannot and shall not be held liable for incurring the cost of aforementioned damages or remedies.
CONCRETE SLAB POURED AFTER CONSTRUCTION.
This would be if the customer requested the building posts be direct buried (our standard practice) this is the simplest and most efficient method for LBC and the construction crew thus lowering the cost of construction. However, in certain instances governed by the concrete installer, the concrete crew may find it impractical or more difficult to pour this way, typically regarding building size, and layout of the openings. Due to this the concrete contractor may charge the customer additional fees. It is the responsibility of the customer to determine the available route to proceed. There are risks involved with pouring the concrete after construction, damage to metal, trim, posts, windows, doors and etc. can occur. The concrete crew if not careful, can pour on, or allow concrete to splash on, or otherwise come in to contact with the back of the metal panel (“the substrate”) if not properly cleaned prior to hardening, will invalidate the metal manufacturer’s warranty in part or in whole at the sole discretion of the metal manufacturer.
POLES AND PLATES SCHEDULING.
Poles and Plates Jobe refers to the option to mobilize a crew to the project site to install the poles and bottom plates in preparation for the customer to pour a concrete slab, then demobilize from the site to return later. This option is limited to crew availability, geographic location, and may require separate delivery charges, additional materials, additional labor fee, along with the appropriate demo fee by zone. This option increases the inherent project timeline, (in some case it can add a significant increase of time required to return or complete) and may cause scheduling and logistical challenges, which may result in delays to completion and weathering of material already on site. If the customer chooses this option which is not recommended by LBC, then the customer will only have 1-2 weeks (maximum) to complete any plumbing electrical or other rough in and concrete work. No guarantees will be made expressed or implied by LBC about the timeline to return to complete. The project will be re-added to the schedule and worked in at the earliest possible time. This option does inherently increase the risk of potential scheduling conflict with weather and if the customer cannot complete their portion of the work within the specified time then the customer must mitigate materials lose by cover or moving to cover the materials and may be solely responsible for any damages to material by moving or failing to properly cover all perishable materials. If the customer has completed their portion of work within the specified time frame and LBC cannot return to the site within a reasonable time frame (typically 1 to 2 weather crew availability) then LBC will assume the sole responsibility to replace undamaged, but weathered material.
SPRAY FOAM USE ON A LEGACY BUILDING.
Spray foam is a pressurized applied foam insulating product that may cause leaks in the seams of the metal panels when the foam is not applied correctly and becomes trapped between the wood structure and the gaps in the metal panel reinforcement rib. The excess pressure can cause the seams to separate, causing gaps which allow water intrusion. Spray foam can also trap moisture between the metal and the foam insulation which may result in pinhole leaks and rust which invalidates the metal manufactures warranty, thus any application of spray foam to a legacy building installed after construction of the building will invalidate the workmanship warranty in part or in full at the sole discretion of LBC. Spray foam installation is not a service provided by LBC.
CONTRACT ANNOTATIONS.
Any handwritten annotations on the contract by the customer will not be accepted. Other than the customer’s signature or color choices (blank Lines provided) Any change to the contract by the customer must be counter signed and agreed to by an authorized representative of LBC. Any other annotation by the customer, i.e. any written not typed note instruction or change by the customer may invalidate the contract unless previously agreed upon with and signed by an authorized representative of LBC.
AVAILABILITY AND SUBSTITUTION OF MATERIALS.
LBC reserves the right to substitute any material which is currently not available through their normal supplier. LBC will attempt to notify the customer of any substitution of material or any unavailable materials which may affect the customer’s project. No guarantees are made that the substitution will be of equal or higher value or that LBC will have knowledge of the substitution in advance. Please note that not all colors are available in 26 Gauge (hereafter “GA”) if the customer requests a color, but it is not available in 26 GA then the same color will be sent as 29 GA or the customer will need to resubmit a different color choice, prior to LBC ordering the material from the supplier if no alternate color choices are made and submitted in writing then the original color will be sent in 29 GA. The customer may be entitled to a refund of the difference of cost between the 29 GA and the 26 GA, or if the customer shall wish to proceed and if available through another vendor, the requested color in 26 GA can be provided for an additional cost which will not be reflected in the contract. This upgrade charge may be billed as a back charge.
Breach of Contract. Any breach of contract by the customer may result in an additional fee of $2,500.00 and any associated cost to collect, or to litigate, including court cost and reasonable attorney fees.
PROPERTY AND BUILDING ACCESS.
The customer understands and agrees to provide unfettered access to the project build site to LBC, its officers, managers, employees, contractors, et.al to include, but not limited to; its suppliers and inspectors. The customer understands and agrees it is their responsibility to not only allow access to and from the site, but also to provide adequate (improved) road access such as a drive or gravel road. This is especially imperative during the time of inclement weather. If not provided, the lack of an improved roadway can hamper delivery of materials, construction and cause major delays in the project timeline. Wrecker fees and or damages to the property from ruts, or similar damage from vehicles traversing or getting stuck in the unimproved area, this shall include additional areas for the delivery vehicle to turn around to exit.
Force Majeure. Neither party will be liable for performance delays or for non-performance due to causes beyond its reasonable control, except for payment obligations.
1. A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is:
- beyond the reasonable control of a party.
- materially affects the performance of any of its obligations under this agreement, and
- could not reasonably have been foreseen or provided against, but
- will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
i. Best Efforts to Cure. In the event of a threatened default or default as a result of any cause beyond its reasonable control, the defaulting party shall nonetheless exercise its best efforts to avoid and cure such default.
ii. Material Loss. In the event, such an event prevents performance thereunder for a period in excess of ninety (21) days, and materials are on the project site the defaulting party is responsible to mitigate material loss or for the replacement of damaged or weathered material deemed as a loss.
iii. Right to Extend. In the event of a threatened default or default as a result of any cause beyond its reasonable control, the defaulting party shall exercise the right to extend the project timeline with proper notification.
iv. Right to Terminate. In the event such an event prevents performance thereunder for a period in excess of ninety (90) days, LBC may elect to terminate this Agreement and/or cancel or suspend any Purchase Orders thereunder by a written notice to the customer.
2. Conditions of force majeure. (This list is provided as a reference and shall not be construed as exhaustive).
- Unforeseen changes to Legislation.
- Wars and other hostilities (such as terrorism).
- Adverse weather.
- Exceptionally adverse weather.
- Civil unrest, such as riots or revolution.
- Workforce strikes.
- Natural catastrophes such as earthquakes, tornados, hurricanes, floods, fires, and volcanoes.
- Epidemics or pandemics.
- Economic collapse.
- Unforeseen crew loss.
Standard Demob Fees by Zone
Zone A – $0
Zone B – $500
Zone C – $750
Zone D – $1000
Zone E – $1250
Zone F – $1500
Zone G – $1750
Zone H – $2000
Zone I – $2250
Zone J – $2500
Zone K – $3000
Zone L – $4000
The rendering of payment for change orders and back charges. By signing the contract, the customer understands and agrees to pay any fees associated with any change order(s) requested or required at the time of completion or per the terms of the change order. Likewise, the customer understands and agrees that their signature on the contract binds them to pay any associated back charges for unforeseen events as laid out in these universal terms of service, which are not exhaustive and may include any additional terms annotated within the contract. Back charges are to be paid at the time of completion of LBC’s portion of work unless other payment terms are expressed and agreed upon by LBC in writing.
ESCROW ACCOUNTING.
In accordance with state law, LBC creates and maintains an Escrow accounting of project monies collected and expended, this will include; any time, labors, materials, or other project related expenses. These expenses will be deducted from the monies collected. The escrow accounting is primarily established to ensure that if an early termination or cancelation of the contract occurs the customer is entitled to any refund of the available balance of monies collected, minus expenses to date. Likewise, if the balance of monies collected, minus expenses to date is negative and the customer initiates the early termination, then LBC reserves the right to bill the customer for the value of the expenses to bring the account to a zero balance. Except in an event of early termination LBC typically does not bill the customer for extra time expenses or receipts unless otherwise specified in this agreement.
PROJECT BILLING.
LBC will bill project for time, site surveys, drive time, unforeseen event mitigation, etc. at a rate of $90.00/Hr. and $1.00/mile. This is for any officer, employee, or agent to perform onsite work. This billing rate also applies to our escrow accounting to include office and or clerical work.
CREDIT CARDS.
All pricing reflects a discount for cash payment. Payments made by credit card will incur an additional 3% service charge. The acceptance of credit cards may not always be available please discuss your plan for payment with your representative prior to signing.
RECORDINGS.
All calls (inbound and outbound) are recorded for quality assurance. Office visits and field visits may be recorded by a personal recording device for quality assurance. Customer’s data to include call recordings, SMS messages, emails, and other forms of electronic records/recordings will be kept and maintained for quality control and assurances purposes. The customer’s data is kept securely and confidentially. The customer’s data will only be used in accordance of this document and for the purpose, the customer has solicited for the performance of the requested service or for the purposes of quality assurance, training or dispute resolution. At no time shall LBC sell your data.
MODIFICATIONS.
If any portion of the building is modified by the customer their employees, family, contractors or subcontractors, employees of the contractor or subcontractor or any other third party. The workmanship warranty will be invalid. Unless expressed in writing by LBC no attachment on or between the trusses or other roofing members and or bracing is allowed. This will immediately invalidate the workmanship warranty and render any and all claims or repairs void. LBC reserves the right to charge the customer for any trip charges, material, delivery, inspection fees, and labors associated with the attempt to “repair” the modified building. Additional modifications that could invalidate part or all the warranty are as follows: electrical, plumbing, HVAC, stud framing, spray foam insulation, thermal barrier spray, ceiling sheathing, such as; metal, wood, gypsum, windows, doors, and or vents cut in by others, electrical outlets, faucets and fixtures, etc.
LIQUIDATED DAMAGES.
The customer waives the right to seek liquidated damages against LBC understands and agrees liquidated damages shall not be assigned to the contractor for delays in the project or repairs timeline.
UTILITY CORRIDOR.
No work shall take place if the customer requests the building to be constructed within 35ft of an overhead powerline (primary or secondary). Nor shall any work proceed if located within 4ft of an underground power, gas, petroleum pipelines, water, sewer, telecom utility line, aperture device, high risk or critical infrastructure facility or its easement.
EASEMENTS.
No work shall proceed in or on property or easements owned or maintained by a third party without expressed written and notarized consent authorizing construction and encroachment.
Work shall only proceed when the building site is relocated, or the conflict is otherwise clear, and solely at the liability and expense of the customer to include; but not limited to, additional material labors, consequential damages to any involved third-party agency, franchise utility owner, damages arising from bodily injury and personal property loss.
HOSTILITY.
LBC will not tolerate disrespectful language, threating, actions of malice, violence, or threats of violence in any form directed to its officers, members, employees, and contractors et.al by the customer nor any persons acting on behalf of the customer. In such case, LBC reserves the right to terminate the contract and the customer shall render full payment at the said time regardless of completion status without liability to LBC to complete. In such cases, the customer fully releases LBC from all additional contract terms or any additional contracts for the said project or any other unrelated projects. LBC will faithfully and reasonably attempt all peaceable solutions to include; but not limited to, arbitration and litigation through legal counsel.
DISPUTES.
If a dispute arises with the customer, or other persons acting on behalf of the customer, which cannot be de-escalated or remedied peaceably, (WITHOUT THE THREAT OR POTENTIAL OF VIOLENCE) LBC reserves the right to terminate the contract and the customer shall render full payment at the said time. Regardless of completion status without liability to complete. At which time the customer fully releases LBC from all additional contract terms or any additional contracts for the said project or any other unrelated projects. LBC will faithfully and reasonably attempt all peaceable solutions to include; but not limited to, arbitration and litigation through legal counsel.
DESIGNATED REPRESENTATIVE.
LBC reserves the right to only communicate with the designated authorized representative who is the signatory of the contract and may not respond to other person acting on behalf of the customer.
PARTIAL INVALIDITY; SEVERABILITY.
Each article, paragraph, clause, sub-clause and provision of this agreement shall be severable from each other and if for any reason any article, paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or unenforceability shall not prejudice or in any way affect the validity or enforceability of any other article, paragraph, clause, sub-clause or provision. This agreement and each article, paragraph, clause, sub-clause and provision hereof shall be read and construed so as to give thereto the full effect thereof subject only to any contrary provision of the law to the extent that where this agreement or any article, paragraph, clause, sub-clause or provision hereof would, but for the provisions of this paragraph have been read and construed as being void or ineffective, it shall nevertheless be a valid agreement, article, paragraph, clause, sub-clause or provision as the case may be to the full extent to which it is not contrary to any provision of the law.
FURTHER ASSURANCES; COOPERATION.
Each party hereto agrees to cooperate in all reasonable respects necessary to consummate the transactions contemplated by this contract, and from time to time to do such acts and things and execute and deliver such documents and instruments as may reasonably be required in order to implement the transactions contemplated hereby. Each party hereto agrees to cooperate in the execution of subsequent addenda, or to re-execute an amended version of this agreement, in the event that a party discovers: 1) a clerical error; or 2) a misinterpretation of the law; or 3) an error as to form; when such error(s) obviate or hinder the consideration, performance, or enforcement of this agreement.
ASSIGNMENTS.
The customer shall not assign this contract. The provisions of the contract are binding on the heirs, successors or assignees of the customer.
FORCE AND EFFECT.
The terms of this agreement shall remain in full force and effect following final payment.
WAIVER.
No failure to enforce any provision of the contract on account of any breach thereof shall be considered as a waiver of any right to enforce provisions of this contract concerning any subsequent or continuing breach.
INDEMNIFICATION.
The customer shall indemnify and hold harmless the builder and the contractor or subcontractor of the builder and their respective officers, agents and employees, insurers, and self-insurance pool, from and against all liability, claims and demands, on account of injury, loss or damage, including without limitation; claims arising from bodily injury, personal injury, sickness, disease, death, property loss and or damage, and or any other loss of any kind whatsoever, which arise out of or are in any way connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the contractor or any subcontractor of the contractor, or any officer, employee, representative, or agent of the contractor or any subcontractor of the contractor, or which arise out of any worker’s compensation claim of any employee of the contractor or any subcontractor of the contractor. The customer shall indemnify and hold harmless the builder and the contractor or subcontractor of the builder and their respective officers, agents and employees, insurers, and self-insurance pool, from and against all liability, claims and demands, on account of injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any way connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the customer or any subcontractor of the customer, or any officer, employee, representative, or agent of the contractor or any subcontractor of the customer, or which arise out of any worker’s compensation claim of any employee of the contractor or any subcontractor of the customer.
SATISFACTION.
Satisfaction is not guaranteed. We strive to satisfy every customer, however the intent; LBC is not obligated nor mandated to compensate the customer for failure to satisfy. The customer waives the right to compel LBC, its officers, members, managers, employees, contractors, and subcontractors, et.al; to imply or express guarantee of satisfaction or the pursuit of customer satisfaction.
PROJECT TIMELINES.
Timelines are tentative in nature and may significantly vary due to situations beyond our control. Dates given shall not be construed as guaranteed and any such date is subject to change or delay. No guarantees, promises, or other assurances expressed or implied will bind the builder LBC to any compensation to the customer for project delays. LBC reserves the right to reject any contract, change orders, or addenda for projects with unrealistic timelines and or contracts with a dedicated timeline. LBC will not enter into and will invalidate any contract with unrealistic or rigid timelines.
BRAND PLACEMENT.
If requested that a marketing Peak Plate bearing an approved LBC logo and phone number is not to be installed on the building, then the workmanship warranty will be automatically and immediately invalidated, in full or in part and at the sole discretion of LBC.
RESALE.
No building will be warrantied if sold to a commercial entity and officer or member representing a commercial entity or acting on behalf of a corporate entity.
No building sold to or built for a resale agent will be warrantied under the standard 1-year workmanship warranty. Upon request, a resale agent can purchase a workmanship warranty for the term of 1-year for an additional cost and at the sole discretion of LBC.
The resale agent will indemnify LBC, its officers, members, employees, agents, contractors, and subcontractors from any and all liability and damages that arise from this contract of resale or any modifications.
REMARKETING.
The remarketing of an LBC building for private or commercial use is strictly prohibited. Any photos, videos, and marketing material are the sole property of LBC. Any attempt to remarket or use marketing materials or photos of an LBC project will be met with civil and criminal prosecution for maximum damages allowable by law.
ENTIRE AGREEMENT.
This Agreement (“Agreement”) supersedes all prior agreements, written or oral, between the parties hereto with respect to the subject matter hereof and contains the entire agreement between the parties with respect to the subject matter hereof. This agreement may not be amended or supplemented, and no provisions hereof may be modified or waived, except by an instrument in writing signed by both of the parties hereto. No waiver of any provisions hereof by either party shall be deemed a waiver of any other provisions hereof by such party, nor shall any such waiver be deemed a continuing waiver of any provision hereof by such party.
ELECTRONIC SIGNATURES.
The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither party shall contest the admissibility of true and accurate copies of electronically signed documents based on the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, “electronic signature” means a manually-signed original signature that is then transmitted by electronic means; “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a “pdf” (portable document format) or other replicating image attached to an e-mail message; and, “electronically signed document” means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature.
CANCELLATIONS.
Any down payments received will be held for 10 days in a reserve escrow account. After 10 days LBC will apply any time, materials, labors, deliveries, or other expenses to the project escrow account. Any additional monies collected will also be deposited to the escrow account. A cancellation before 10 days can result in a full refund to the customer. Any cancellation after 10 days will result in only available monies collected minus billable time, materials, deliveries, laborers, or other expenses which is the remaining balance of the escrow account. The customer or LBC may cancel at any time before the crew mobilizes to the project site. Upon LBC canceling, LBC will be required to refund any available balance of the escrow account if any remain. If the customer cancels the customer is entitled to any available balance of the escrow account if any remain. If the available balance is negative, then the customer is required to bring the account to a zero balance by submitting payment equal to the negative balance before the cancelation can be effective.
RESCISSION.
LBC Reserves the right to terminate, withdraw, or rescind any contract; for any reason, with notice, but without explanation as a remedy. LBC will only terminate, withdraw or rescind contracts under this provision if the said contracts meet the following conditions:
Contracts where monies have not been collected and or received.
Contracts where monies have been collected and or received, but no fulfillment (time, labors, material expenses, etc.) can be applied to escrow.
If termination becomes necessary, but the fulfillment of the contract has already commenced, then the termination shall be guided by the provisions in the cancellation policy or other equitable terms of this agreement herein.
In the event of termination withdraw or rescinding of this Agreement by LBC, both parties agree that any (and only the) monies collected will be refunded to the customer, and no other obligation will remain for either party. The contract terms and obligations will become void ab initio. The Parties agree to take the actions necessary to effect rescission pursuant to this Section in the event of termination.
Except as provided herein, the customer hereto expressly waives any right to rescind the Agreement.
MISCELLANEOUS DISCLAIMERS.
Any functioning louvered cupola(s) or gable vent(s) will not be covered under warranty against leaks.
Walk door(s) and window(s) not under a lean-to, porch, or shed are not covered under warranty for leaks.
Walk doors installed as inswing have a limited warranty against leaks.
Overall truss design and truss specifications are at the sole discretion of the truss designer, manufacturer, or design engineer, and may vary from initial concept, design, or specifications, provided.
Unless annotated on the contract all trusses are 1# (pound) Bottom Chord Dead Load (henceforth “1# BCDLL”).
1# BCDLL trusses are not rated for attachment to or in between the bottom chord of the truss. If attachment applied warranty is void.
5# BCDLL trusses rated for 29-gauge metal or PVC ceiling metal only. Do not exceed the weight rating of 5# per square foot with any applied sheathing or warranty is void.
10# BCDLL trusses rated for ½in sheetrock, plywood or OSB only. Do not exceed the weight rating of 10# per square foot. With any applied sheathing or warranty is void.
When needed and/or annotated, customer to provide equipment to set trusses on walls height 16.5ft (or other height as indicated): SkyTrak 6042 “reach truck” / ”telehandler” or comparable equipment. Duration: minimum 1 day, typically needed by the 2nd day of construction.
When needed and/or annotated, customer to provide equipment for working walls and roof at 17ft (or other height as indicated): all terrain scissor lift with a minimum of 15.5ft (or other height as indicated)reach or comparable equipment duration: throughout construction, typically needed by the 2nd day of construction.
When needed and/or annotated, customer to provide equipment for working ceiling metal or porch underpinning at >10ft(or other height as indicated): all terrain scissor lift with a minimum of 15.5ft (or other height as indicated)reach or comparable equipment duration: throughout construction, typically needed by the 3rd day of construction.
When needed and/or annotated, customer to provide equipment for drilling post holes: skid steer or tractor with a 12in x 4ft length auger. Duration: minimum 1 day, typically needed on the 1st day of construction.
110v/20a electric is required to be within 150ft from the center of the pad.
If a generator is required, a fee will be back charged at $300.00.
Unless otherwise annotated the building design not adequate for living quarters of any kind temporary or otherwise, in accordance with federal law.
Main Building posts spacing that is given is indicative of the “on center” spacing and may not reflect the actual clearance of the space between the post which in all cases except overhead door openings will be less. It is the customer’s responsibility to ensure the actual clearance between posts are adequate for the desired intended or future purposes. LBC shall not be held liable for modification or repairs arising from the oversite of this matter on the part of the customer.
Windows cannot be placed within 3 to 4 inches of a post.
Posts cannot be removed for the placement of a window at any time.
On projects without a rigid or dedicated window placement, LBC reserves the right to move the placement of the windows as it sees fit to reduce or minimize the potential for leaks or other conflicts.
Window placement should be evaluated for conflicts with metal ribs. No guarantee that requested window placement will be conflict-free, thus we cannot guarantee a conflict with the rib will not exist nor warranty against the possibility of a leak arising from the conflict with a window and panel rib. This provision shall apply to windows and overhead doors as well.
Staking back form boards or bottom plate for concrete slabs during the pour is essential for stakes must be no greater than 2ft apart. Otherwise, it may cause the bottom plate or form board to bow or bend which could cause leaks or improper seal of the metal whether the metal is installed or still to be installed.
If poles and plates job has been performed and height requires equipment to set trusses or ceiling metal, and if plumbing, electrical, or other stub outs exist, in the existing concrete and conflicts with the use of said equipment. It is the responsibility of the customer for the extra expense of a crane or boom truck to safely set trusses from outside the building parameter or extra pay, paid directly to crew to set the trusses by hand if they (the crew) deems possible, which could be high risk. Likewise, in the event, these conditions exist which inhibit the crew’s ability to use equipment to install the ceiling metal. It becomes the customer’s responsibility to provide the necessary equipment to safely complete the task, otherwise, the customer is responsibile to pay the crew to complete the task by hand from ladders, to include any additional fees for risk and time made payable directly to the crew. The customer is responsible to ensure the concrete can handle the weight of the equipment to set trusses or install the ceiling metal. The customer understands and agrees that LBC shall not be held liable for any damages to roughouts or concrete slab from the use of equipment on the slab.
Before, during, or after standard construction or poles and plates jobs, LBC is not responsible to repair or replace materials if third-party contractors move, use, modify or damage any material on the ground or installed.
The use of materials provided by LBC or by other third-party contractors is prohibited by the provisions of this agreement and the customer understands and agrees that any such use may result in material shortages which will be back charged to the customer to include, but not limited to; material replacement costs, additional delivery charges, and waiting fees paid directly to the crew and/or any applicable standard demob fee by zone.
On all construction documents, WH refers to “Wall height” and CH refers to “Ceiling height” with a typical 11.5in difference between the measurements.
Pitches roof pitches can be requested up to a 5/12. LBC does not build any steeper pitches due to the associated risk. In some instances, certain roof pitches are not available on promotional buildings or specials. Roof pitch preference may be overridden by the truss designer, the manufacturer or the truss design engineer.
It is the customer’s responsibility to provide LBC the rough out opening size of any customer provided windows and walk doors prior to delivery of materials during normal construction or before material delivery of poles and plates job. Likewise, it is the customer’s responsibility to have all customer provided windows or doors onsite and available before the crew begins to set the poles in place. A picture or website link to the distributor or reseller will not suffice as the actual rough out on the final product may differ.
Unless otherwise and clearly annotated on the contract all wall girts and roof purlins are by LBC standard 2×4 #3 24In O/C laid flat.
Unless otherwise and clearly annotated, LBC buildings are not fully engineered. Trusses are engineered, and a stamped print of the can be provided upon written request, typical fulfillment of the request is within 48 hrs. and is free of charge.
Prices do not reflect stamped engineered certifications or prints.
Prices do not reflect stamped windstorm certifications.
Prices do not reflect stamped floodplain elevation certifications.
Customer must verify the project is or is not in Wind Certification required area or zone.
Customer must verify the project is or is not in FEMA FloodPlain certification required area or zone.
Materials MUST be placed within 30ft from the building pad, and layout appropriately, not stacked in any way. Any instruction by the customer to the delivery personnel to do otherwise or contrary shall incur additional liability to the customer as outlined in the proceeding provisions herein.
In the event that during the course of delivery and the pad is not ready or due to the lack of an unimproved road the pad is unreachable, and the material cannot be placed on or in close proximity to the pad as aforementioned, or it is requested by the customer that the materials be placed elsewhere than the building pad for any reason, then it becomes the responsibility of the customer to have equipment on site to move the material into position prior to the crews arrival or to have moved the materials in position prior to the arrival of the crew. In each case, the customer will assume all liability for any damages that may arise from the moving, handling, or mishandling of the materials.
If the materials cannot be placed on the building pad, then the materials shall only be placed in a location that can ensure that the materials are never submerged or at the risk of being submerged, LBC shall not be held liable for damages or remedies of damages arising from the submergence of materials for any duration.
LBC cannot be responsible for damages caused by the existence of wood bees in or around the project location, inherently there is no way for LBC to foresee their existence nor the potential for damages or the severity of damages, thus cannot provide remedies for such unforeseen damages. It is the responsibility of the customer to protect any exposed lumber or posts from the damage of pestilence known as, “wood bees”. The applied protection must conform to known standards of care and maintenance of posts, lumbers, metal panels, and metal trim; as not to invalidate the manufactures warranty.
Lean-to’s & Porches warranty may differ from the main building or may be limited due to the configuration being partially or fully open or exposed to the elements.
LBC is available to its customers and clients 8AM – 5PM Monday – Friday excluding holidays.
Emails are a commonly utilized communication method and LBC recommends that when emailing, faxing, or mailing documents or other communique; that the customer also calls or texts to ensure that the communique was received. Sometimes an email or fax can be lost or automatically moved to another email folder and otherwise remain unseen by LBC staff. Calling or texting will ensure that LBC is aware an email was sent. Due to a multitude of forces at play against a communique, we cannot guarantee that the message will reach us and that the message may need to be resent. We receive a lot of messages every day we do not wish for communication with our customers or clients to be lost.
We try to answer every phone call, but due to high call volumes and limited staff, this may not be possible all the time. Please ensure you leave a voicemail with your contact information and follow up if you did not reach us the first time. If you leave a voicemail, we will call you back at our earliest convenience. We cannot make any guarantees as to the timeline of the response, but LBC will assuredly make every attempt to you reach you as soon as possible.
LBC utilizes special software to receive text messages. It the customer’s responsibility to include all pertinent contact information including name and email address.
During normal construction and repairs, LBC crews use chalk lines to demark the proper position of fasteners to include the use of said lines for the application of metal fasteners. The customer understands and agrees the lines are a necessary part of our construction process and that the lines will remain after the crew is complete and pulls off the job. In high heat or arid environments, the lines can bake into the paint coating and become permanent. It is the customer’s responsibility to remove or have removed the lines in a timely manner after completion. If removed after soon after completing the risk of the lines becoming permanent are greatly reduced, it is recommended the customer brush, wipe, or power wash the lines from the building. LBC shall not be held liable to remove or have removed these lines. Likewise, LBC shall not be held liable to replace affected panels should any part of or all the lines become permanent.
It is the normal practice of LBC to instruct or otherwise compel the transportation department responsible for the delivery of the materials, at minimum of 24hrs prior to delivery, (excluding weekends or holidays) to contact the customer via phone or email (when possible) to confirm the delivery of the said materials, make arrangement for payments due, discuss access, site conditions, and the weather conditions expected to have force and effect on the scheduled delivery. At this time if the conditions of the site or the weather will inhibit the safe and proper delivery of the materials to the proper location, then the customer is responsible to notify the transportation company and request a reschedule of the delivery. If the customer proceeds with delivery as scheduled in spite of the potential of impedance to delivery, then the customer is responsible for all towing fees from the main road to the job site, equipment required to move materials as aforementioned in previous provisions, or any required subsequent re-delivery attempts to include but not limited to any and all current delivery fees due for the initial and that of any re-delivery attempt.
At no time will materials be delivered without the remittance of the full payment due at delivery, if applicable, unless other arrangements have been made in writing to and approved by LBC prior to the delivery.
If a balance is owing on this contract or related contracts, then no warranty work will be scheduled or performed until the outstanding balance paid in full, to include, but not limited to; any back charges, applicable fees, any accrued interest or finance charges.
All unpaid balances are subject to finance charges of 18% from the date of billing. Any discounts provided are automatically rescinded if payment is not timely received.
LEAN-TO DESIGN STANDARDS.
V-Braces cannot exist on porches lean-tos eyebrows or gable roof extensions on which there is or will be installed ceiling metal or other underpinning material.
V-Braces cannot exist on the aforementioned add-on options on which the post is covered by a post trim.
Covered v-braces can be installed on the aforementioned add-on options on which the post is covered by a post trim.
Covered v-braces cannot exist on the aforementioned add-on options on which there is or will be installed ceiling metal or other underpinning material.
Maximum width of an LBC lean-to is 19ft on applicable wall heights and dependent on required clearance.
As a standard LBC recommends the width of the lean-to not exceed the height of the wall it is attached to.
Minimum pitch (the shallowest) of an LBC lean-to is 2/12 due to the necessity of adequate wind uplift resistance.
Maximum Pitch (the steepest) of an LBC lean-to is 5/12 (when continued from a main building roof pitch of 5/12).
LBC lean-to roof pitches shall be equal to or less than the main building roof pitch.
It is the customer responsibility to verify all clearances given will be sufficient for the desired intended or future purposes.
Maximum post spacing for a lean-to is 12 ft and should match when applicable the post spacing of the corresponding wall of the main building.
Standard post spacing is 10ft.
Maximum rafter spacing of a lean-to is 5ft and shall not under any foreseeable circumstance exceed 5ft.
Unless otherwise and clearly annotated on the contract the rafter spacing of an LBC lean-to is 5ft.
Customer understands and agrees that all clearances given have a margin of error of +/- 2in and that all clearances do not anticipate cutout or buildup of material under the Lean-to such as gravel or concrete slab.
Customer understands and agrees that all clearances given are applicable for all side of the lean-to or porch unless modifications are factored in and annotated on the contract.
LBC will not provide overhang, vented or solid soffit, for a porch or lean-to, or any part of a structure with an open wall.
Unless otherwise and clearly annotated on the contract, all prices do not include underpinning or ceiling metal on porches or lean-tos.
As on main building posts, the post spacing of a lean-to that is given is indicative of the “on center” spacing and may not reflect the actual clearance of the space between the post which in all cases except overhead door openings will be less. It is the customer’s responsibility to ensure the actual clearance between posts are adequate for the desired intended or future purposes. LBC shall not be held liable for modification or repairs arising from the oversite of this matter on the part of the customer.
If the placement of an opening such as windows, walk doors, or overhead doors, on the main building wall, under a lean-to conflict with the placement of a standard on center post location on the eave of a lean-to. It is the responsibility of the customer to relocate the opening on the design prior to construction, the placement of a standard on center post location for the lean-to in almost all cases cannot and should not be moved. This can cause structural integrity and aesthetic symmetry issue upon completion, LBC shall not be held liable for modification or repairs arising from the oversite of this matter on the part of the customer.
GUTTER READY.
LBC does not install or is responsible to install guttering of any type. LBC does offer a service to prepare the building for the acceptance of guttering. However, it is the responsibility of the customer to notify LBC of this option as a requirement to the contract, this is not a standard option and unless otherwise and clearly annotated all prices does not include this option. It is the responsibility of the customer to determine and notify LBC of the type and size of the guttering to be installed so that LBC can appropriately price and construct the option as requested. Typical guttering is as follows but may vary from installer to installer, residential is typically 4” guttering, and commercial is typically 6” guttering, the goal is to cut back the metal to create a metal drip edge that is roughly half the width of the selected guttering and in some, but not all cases block between the truss heel between trusses to provide adequate mounting space for the guttering.
CONCRETE READY.
Concrete ready is the term used to describe the process of preparing the building for the acceptance of any concrete flat work on the exterior of the building or installed directly up against the building. This option is important as to ensure that when applied the option can help keep the metal manufactures metal panel warranty intact by raising the metal and trim to an elevation above the proposed elevation of the finished concrete. When designed and installed properly it can also mitigate risks of moisture seepage or leaks into the main building, to achieve to aforementioned benefit it is recommended that any concrete flat work being poured on the outside of the building be at least 1.5in below the finished height if the slab inside the building. It is the responsibility of the customer to determine if and where this option will be needed and notify LBC of this option as a requirement to the contract. This is not a standard option and unless otherwise and clearly annotated all prices does not include this option. If this option is installed, it is the customer’s responsibility to cover any exposed treated bottom plate until which time the concrete is poured as to ensure the exposed lumber does not deteriorate. LBC shall not be held liable for loss of warranty entitlements, modifications or repairs arising from the oversite of this matter on the part of the customer.
WARRANTY POLICY
WHAT IS COVERED
Any issues attributed to craftsmanship or workmanship will be repair or replaced at no cost to the customer.
Any material or supply defects found during the warranty period will be, upon customer request, mitigated by LBC. This includes photographs, site inspections, meetings, phone calls, and other investigative operations or tasks on behalf of the customer, at no extra charge.
Craftsmanship and or workmanship is defined by any task in the performance of construction or erection of the building, by an employee or sub-contractor of LBC. Any errors either of willful or gross negligence that results in substandard construction or deviation from design, which lowers the quality or integrity of the building, will be repaired or replaced at no extra cost to the customer. Repairs of a structural integrity nature will receive a priority assignment to complete. Repairs of an aesthetic or leak nature will be repaired as soon as feasible. LBC makes no guarantees as to the timeline of repairs neither expressed or implied.
LBC’s 1-year workmanship warranty does not supersede nor negate the manufacturer’s warranty on supplies or material, unless such craftsmanship/workmanship invalidates such warranty, through improper or incorrect installation. Any and all occurrences of such will result in the repair or replacement of the affected materials and supplies, at no extra cost to the customer.
Any issues that the customer believes are a result of defective materials will be investigated by LBC. Once the investigation has been concluded and the results do indicate a manufacturer’s defect, LBC will repair or replace the defective materials and associated building components at no additional charge to the customer. The customer has the right to, at any point during the construction phase of the legacy project, notify LBC management that an employee or contractor of LBC is compromising the quality and integrity of the project in any way. Please contact, LBC through e-mail ([email protected]) or by phone (918.458.0827) to have an investigation launched immediately to correct or resolve the issue. We are available to our customers during normal business hours 8am – 5pm central time Mon. – Fri. Excluding holidays.
All claims must be submitted via our claims form accompanied by photo or video evidence and or any requested supporting documants or evidence. Claim validity will be determined at the sole descretion of the authorized LBC representitive assigned to your claim. Our Claims Form can be found here found at: https://form.jotform.com/92174676754166
WHAT IS NOT COVERED
Any acts of vandalism, violence, negligence (willful or gross), arson, improper care/maintenance, modifications, product/materials not provided by LBC, or damages by natural forces/acts of God.
Any items in the building that are damaged by fault, pestilent infestations, leaks, wind or exposure forces as a result of substandard workmanship or material defects will not be repaired or replace by LBC.
Windows not under a porch or lean-to of significant coverage are not covered under warranty from leaks.
Walk doors not under a porch or lean-to of significant coverage are not covered under warranty from leaks.
Walk doors that are requested to be installed with an inswing will have a limited warranty against leaks.
Gable vents are not covered under warranty from leaks.
Any building or building portion with a full or partial open wall will have a limited workmanship warranty for 6 months.
Frame outs for windows walk doors or overhead doors will not warranty against leaks. To include but not limited to customer provided doors and windows if installed by legacy but were not provided by legacy shall not be covered under our warranty against mishandling damage or leaks in any case.
Installed overhead doors are not covered by LBC warranty.
LBC at no time expresses or implies any such warranty beyond a manufacturer’s warranty for “material only packages” or “kits”. LBC neither expressed nor implied shall warranty any building that was not purchased through LBC, all warranty claims must be accompanied by (a) certificate of warranty issued and signed by LBC or by (b) proof of purchase
Buildings with spray foam applied will invalidate the workmanship warranty in part or in full at the sole discretion of LBC.
Any injury sustained, or further damage incurred, during an unauthorized attempt to repair or replace any materials due to substandard workmanship or material defects, by the customer or by others, is at the sole responsibility and liability of the customer. All warranty replacement or repairs are to be done by an LBC employee, contractor, or authorized sub-contractor. Failure to adhere to this will invalidate any warranty by LBC, or any claim for warranty to LBC.
Any additions, modifications, or damage by the customer or by other parties will void the warranty in part or in whole. All manufacturer’s warranty guidelines are to be followed. Any deviation from this standard may result in the invalidity of this warranty and/or that of the manufacturer’s warranty.
LBC at no time expresses or implies any such warranty or warranty coverage against settling. And damages or repairs of damage due to settling, such instances are at the customer’s expense. LBC recommends using a competent excavation company to build an adequate dirt pad to limit the possibility of settling.
No part of this warranty expressed or implied constitutes an insurance policy for the building. At no time shall this warranty be construed as an acceptable means for causation or effectual remediation of incurred costs for associated damages related to, but not limited to, workmanship or material defects.
At no time shall any opening(s) of an LBC post-frame building, which has been requested to be exposed, be warrantied longer than 6 months year without protective sheathing, such as, but not limited to, post trim or other trim(s) where applicable or coating applied by LBC or by the customer within 60 days of installation. LBC will not cover by warranty, coatings or trimmings by other parties. Overhead door, walk-in door, or window frame outs, in the instance of the door or window, is to be provided by others or by the customer will only be covered by warranty for 60 days. After 60 days of exposure by “the elements” to the exposed lumber and or materials, the warranty shall be invalid in part or in whole. Open-sided sheds, such as, but not limited to; lean-to sheds where unprotected materials are exposed to the forces of nature or “the elements” for prolonged periods of time cannot be warrantied longer than 1 year.
Any LBC post-frame building that is purchased as a “special” or a building designated as an “American traditions series” building is not eligible for the standard 1-year warranty. LBC at no time expresses or implies any such warranty beyond a manufacturer’s warranty for “material only packages” or “kits”. LBC neither expressed or implied shall warranty any building that was not purchased through LBC, all warranty claims must be accompanied by (a) certificate of warranty issued and signed by LBC, or by (b) proof of purchase (c) photographic or video evidence of the issue being claimed (d) properly filled Claim Form providing customer name, job number, phone number, address, and perinate building and claim details. Without this information the claim will be rejected and will not be processed or investigated and or repaired.
ACCEPTANCE
By signing the “contract”, the customer acknowledges the warranty conditions, and that no other statements expressed or implied negate the contents and conditions of this “warranty policy.”
RETURN POLICY
returns will only be accepted under the following circumstances:
A building under contract is canceled after materials have been delivered.(additional fees for cancellation may still apply)
A $50 charge will be assessed for all return checks.
A $100 charge will be assessed for all stop payments.
No returns on material only packages.
All custom-building sales are final.
Once construction has begun no returns will be accepted.
No returns will be accepted on installed items.
No returns will be accepted on custom or special ordered items.
Materials left behind by the builder will not be accepted for return.
Cull, waste, or other scrapped materials will not be accepted for return.
25% deposit may not be refundable after materials are delivered, please see the cancelation policy and escrow accounting provision herein for more details.
No returns of material after 7 days uncovered, 30 days under proper cover.
A charge of 35% will be assessed on all materials accepted for return.
No returns on items/materials in the following conditions:
broken or busted bundles/packaging
weathered items or other deteriorating items
cut / modified
rusted/oxidized
darkened lumber or sun faded metal
damaged or mishandled
painted or vandalized
moisture soaked/saturated
showing signs of ground contact for more than 96 hours (4 days)
All returns must be in un-opened original bundles/packaging.
All returns must have been adequately covered or stored to be approved for return.
All returns must be inspected and approved before a credit can be issued.
Credit on approved returns will be sent via certified carrier in the form of a check.
No credits will be paid out in the form of debit and/or credit cards, direct deposit, money order or wire transfer.
All returns must be accompanied by a full bill of lading reflecting the item inventory that is to be returned.
All returns must be accompanied by a return materials authorization form.
Credit will be issued within 90 days after LBC receives, inspects, and approves the items for credit.
Customer returning items will pay freight and pick up fee, at the time of arrival of the truck at the point of pick up.
Pick up fee for the bundled material is $500. Freight per mile is $4.50. Local pickups (anything 50 miles or less from Tahlequah, ok.) Will result in a flat freight fee of $225.
Any items may be denied loading if they cannot be secured properly to the freight vehicle. No credit will be issued for those items.
If one item within a bundle or a package is determined to be non-returnable then the whole package or bundle maybe considered non-returnable.
This policy excludes warrantied items on completed buildings. No monetary refund will be given in the case of a warranty issue when an exchange will suffice.
Original freight bill for the initial delivery or “monies” applied will not be refunded.
This policy is subject to change at any time without notice. All decisions are based on a case by case basis, therefore, all decisions regarding returns are made at the sole discretion of LBC.
Acceptance
By signing the “contract”, the customer acknowledges the return conditions, and that no other statements expressed or implied negate the contents and conditions of this “return policy.”