Terms and Conditions

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Consent

All contractual agreements and terms of service with US Hazmat Storage will be governed by the laws of the State of North Carolina. Purchase order contracts are not accepted until US Hazmat Storage has reviewed the contract, verified all product and service specifications, turnarounds, delivery details, and has verified such acceptance in the State of North Carolina, County of Watauga, and in the City of Boone.

CONTRACT PRICING, DEPOSIT, AND TERMS OF PAYMENT

With approved credit, fifty percent (50%) of the total contract price (excluding shipping and handling) will be required to complete a Purchase Order (PO) Agreement.  In addition, authorized approval of the Client’s General Authorization Drawing (GA) of the building to be constructed is required prior to manufacturing. The Client’s manufacturing turnaround period will not begin until all order requirements are met including the authorized PO, authorized GA, and the total deposit (per the payment terms of the Client’s PO) has been received. The Client’s remaining balance is due in-full including all delivery and taxes due Net 30 days (pending credit approval or as otherwise defined in Client’s PO) from the date of shipment from our factory.

Pricing for product or services is subject to change at any time without notice. A contract for order is not complete until 1.) an authorized purchase order has been signed and dated, and 2.) the agreed upon deposit has been paid in full per the terms of the Client’s purchase contract for product and services by US Hazmat Storage.

An official price quote for goods and services from US Hazmat Storage shall remain valid for a period of sixty (60) days from the date of quote unless otherwise retracted by US Hazmat Storage in written notification Client prior to the execution and acceptance of such contract by the Client. Any price quote may be adjusted to current pricing at the time of shipment for any purchase order which surpasses over one hundred (100) days from the date of order.

Truthful, accurate, and verifiable legal identification is required from all Clients and those who represent Client in a legally binding agreement. Any such legal identification shall be provided by authorized personnel only. Simply having possession of any US Hazmat Storage product specifications, information, collateral material, product or service quote, product models, or by having any engineered drawings, or other such information, in no way constitutes the right to purchase from US Hazmat Storage.

STATE AND LOCAL SALES TAX LIABILITY

North Carolina Sales Taxes are collected from Client by US Hazmat Storage for any Client based in the state including all eligible transactions, unless otherwise expressly stated in contractual agreement. It is the sole responsibility of the Client to specify any tax exemptions for product or services during the contractual quoting process and before such Purchase Order is made final. US Hazmat Storage does not collect sales tax in any state outside of North Carolina on behalf of the Client, and it is solely the Client’s responsibility to ensure all tax liabilities are met to the Client’s state and/or local municipalities where applicable. If in any way US Hazmat Storage, our suppliers, or our contractors are burdened with taxes for Client’s purchase order or any such delivered goods and services, the Client agrees to pay or remit to US Hazmat Storage any such taxation.

CREDIT APPROVAL AND EXPIRATION

Any credit balance that has been issued to a Client will be applied within twelve months from the date of origination. If the credit balance has not been applied or requested within a twelve month period, the Client’s credit balance may be cancelled and US Hazmat Storage shall have no further liability.

SHIPPING, HANDLING, AND DELIVERY POLICIES

Shipping and handling, and factory pick up and delivery dates are the liability of the Client and all quoted fees are approximated. All shipping and delivery dates are generated based on the timely response and the assumption the Client will deliver all required information, progress approval, contract authorization, and shipment coordination approval as necessary throughout the approval, manufacturing, and shipment process. Quoted freight fees are only an estimate, actual freight charges at the time of delivery will be added to the Client’s final invoice for payment. The Client’s warranty coverage period shall commence on the date of shipment from our factory for delivery. US Hazmat Storage shall retain the right to expedite shipment prior to the estimated ship date unless otherwise stated in an authorized and approved purchase order.

Any and all third-party fees are responsibility of the Client, including but not limited to: in-transit tolls, escort services, docking/destination fees, specified carrier fees, freight insurance, offloading, or other applicable fees. Freight and shipment content immediately become the ownership and liability of the Client upon pick up by the carrier.  Client may arrange to pick up and freight the shipment with private transportation if pre-approved in the purchase agreement contract prior to shipment. A full route to the delivery site must be free and clear of any obstacles including space ample for off-loading the unit and turning around delivery vehicles. Any additional charges required to overcome any obstacles in-route or at the intended delivery site shall be added to the final invoice.

US Hazmat Storage may provide select installation services limited to services specified in the approved purchase order prior to delivery. Installation shall require complete disclosure of installation area plans, placement specifications, foundation detail, and installation services to be performed by US Hazmat Storage including those to be provided by the Client or approved contractor to be provided by the Client. Any services requested on-site outside of those approved on the existing purchase order shall require authorization and approval by US Hazmat Storage prior to complete such work and all costs associated with such work shall be paid by the Client. Resolution to any impediment of service, additional material needs, labor, travel, or room and board expenses necessary to complete contracted installation shall be paid by the Client.

QUALITY CONTROL AND TESTING

Quality control and performance testing shall have taken place for components prior to shipment. US Hazmat Storage shall have tested electrical accessories and shall ensure each accessory is in working order and installed to the specification as defined by the Client’s approved general drawing and purchase order contract.

STORAGE UNIT SETUP AND ACTIVATION

The Client’s storage unit will be disarmed and component systems disabled in preparation for transportation. Electrical connection to the unit’s load center and the storage unit’s fire suppression system shall required activation on-site after delivery. Only activate the unit once it is placed in its designated location for proper use and storage of your hazardous material. Any systems that require on-site setup shall be performed by a qualified local contractor and is not the responsibility of US Hazmat Storage.

INSTALLATION SITE

Product and service designed and built by US Hazmat Storage is for chemical storage, safety storage, and life safety structures. The Client is responsible for any and all on-site preparations, foundations, and any installation site where our product is to be deployed, installed, used, or maintained. In no way shall US Hazmat Storage be held liable for improper foundation size, inaccessibility of an installation location, or otherwise unfit foundation or installation site. The Client should consult a qualified professional contractor to ensure their foundation meets the needs, weight, compliance, and any applicable building code for use of any deliverable purchased from US Hazmat Storage.

DAMAGE CLAIMS

If the Client suspects any defect in craftsmanship, part, accessory, missing element, or malfunctioning component on their prefabricated structure from the original equipment manufacturing produced from the Client’s purchase order, the Client shall have up to ten (10) days from the delivery date of their order to notify US Hazmat Storage.

If at any point after the building has been picked up by the freighting carrier or if in-transit damages occur, US Hazmat Storage must be notified immediately and written notice of damage must be recorded on the Bill of Lading. Report any damage in-transit, freight, or shipping immediately. A full inspection report generated by the carrier must be filed immediately. If at all possible document damage by photo and/or video prior to unloading the building.

Client should take photos and video at delivery that document and detail the delivery, the vehicle load, and any damage to the unit prior to unloading if at all possible. Additional images, video, detailed photography, and manage inspection documentation may also be prepared once the unit is unloaded. The Client shall maintain the current state of the building at delivery along with any packaging materials supplied with your building for shipment until further guidance is provided by US Hazmat Storage.

SAFETY AND REGULATORY COMPLIANCE STANDARDS

The Client is solely responsible to ensure their storage solution meets or exceeds all compliance standards for Federal, State, or Local Authority having jurisdiction based upon content to be stored, how material shall be handled, the placement of their storage solutions, and the Client’s work-flow process procedures. With complexity of regulation and local variability that can differ with every facility and storage need, US Hazmat Storage cannot guarantee that our storage solutions meet every applicable scenario. Each Client must ensure their storage needs, handling procedures, and safety protocols are in compliance with any and all applicable regulation, standards, and codes. It is the Client’s responsibility to ensure their safety, handling, and maintenance protocols align with all Federal, State, and Local Authorities having jurisdiction–as they may apply to the installation site, placement of the unit, setup or activation, access, usage of the storage, and the specification of the storage unit as constructed.

JURISDICTION OF GOVERNING LAW

If a legal dispute arises in regard to any business transaction between US Hazmat Storage and the Client, such action must take place within twelve months from the cause of action. Only provisions of the Uniform Commercial Code as adopted by the State of North Carolina in the United States of America shall apply to International transactions, and NOT the United Nations Convention of Contracts. US Hazmat Storage terms and conditions shall be rendered, interpreted and acted upon explicitly in accordance with the laws, excluding any such conflict with the rule of law in the State of North Carolina.

LIMITATION OF LIABILITY

US Hazmat Storage shall not be held responsible for the use or application of contracted product or services and held harmless for any damage, expenses, claims, costs, delay, or demands, in contract, in tort, or in any way. Such limitations include the use of Hazardous Chemical or Material of any kind including the handling, application of, processing, placement and proximity, transport, or storage of such material described in the Code of Federal Regulations 29CFR, 40CFR, and 49CFR. Any litigation, investigation or other costs as result of these actions or the settlement of any such claim or demand resulting from or including sickness, death, disease, bodily harm, damaged product, delay, facilities, equipment, or propriety.  Or shall US Hazmat Storage be held responsible for any license or permit for the product or services, use, application, proximity and placement, installation, safety, protocols, or the research or identification of any such regulation that may apply to a Client’s use of contracted product or service. As such it is made clear it is the sole responsibility for the Client for such actions, permitting, licenses, and compliance ensuring they meet full compliance, procedures, and safety standards with all Federal, State, and Local Authorities having jurisdiction.

CHANGE OF ORDER, SERVICE, OR PURCHASE CONTRACT

The Client’s acceptance of any authorized quote or offer for goods or services from US Hazmat Storage shall be limited to and bound by acceptance of the Terms and Conditions provided in such final quote. US Hazmat Storage’s acceptance of any purchase order is subject to Client’s consent to any and all terms and conditions, and this Manufacturer’s Warranty as stipulated in its entirety herein.

Any Request for Change of Terms or addition of conditions of the quote, including any action of the Client to alter such terms in any way from original acceptance, shall not be intended or construed as a rejection of the offer to sell. Any alteration of the purchase terms or conditions at the request of the Client must be formally made in writing to and also approved by US Hazmat Storage before the start of manufacturing or action for service has been taken as contracted in the originating purchase order takes place. Acceptance of the purchase order is final, and the quote for goods or services shall not be amended by the Client.

With any agreement to purchase goods and services from US Hazmat Storage, it is understood that the Client has read, fully understands, and accepts any and all Terms and Conditions of the offer. It is also understood that the Client accepts all goods and services to be rendered as prescribed by the purchase order included any and all applicable costs and associated fees.

Any Terms or Conditions contrary to such are expressly rejected and no change, alteration, or alternative interpretation shall be binding upon US Hazmat Storage unless formally approved through an aforementioned Request for Change of Terms.

CONTRACT CANCELLATION, TERMINATION, OR CHANGE

US Hazmat Storage shall retain all rights to cancel any quote or purchase order contract at any time by written notice to the Client. The contract for quote or purchase order may be canceled for any material breach of contract by Client, if the Client becomes insolvent or bankrupt, or if a third-party recipient of goods or services contracted refuses delivery which shall also constitute a breach of contract. Cancellation of an authorized purchase order by the Client prior to delivery or provision of service shall constitute a breach of contract and Client shall be liable for any and all costs accrued by US Hazmat Storage in performance of such purchase order.

All costs shall be compiled at the sole discretion of US Hazmat Storage and shall include but are not limited to any cost of Work-In-Progress, cost of parts or component acquisition having already taken place, in-house or third-party engineering fees, in-house or third-party inspection, regulatory, and compliance consultation, cost of approval for state or local authorities having jurisdiction, project-related expenses, overhead, and profit. Costs shall be documented and supplied to the Client for payment-in-full due upon receipt.

A notice of cancellation must be made in writing to US Hazmat Storage at minimum 30 days prior to scheduled date of shipment. Any such Work-In-Progress shall cease as quickly as reasonably possible upon the receipt of such notice and the Client agrees to pay US Hazmat Storage the contract price for any and all work completed as so determined by US Hazmat Storage. If Client chooses to cancel contract less than 30 days prior to scheduled date of shipment, all costs plus an added 18% surcharge will be applied for disrupted operation, services, and loss of manufacturing capacity.

RESOLUTION OF CONFLICT

Any action of resolution of conflict by either US Hazmat Storage, any affiliates, assignees, or representatives, for nonpayment of the final purchase order on time and in full by the Client for contacted goods or services, and/or for the reimbursement of any associated costs accrued including but not limited to any applicable surcharges, cost of pursuit, or litigation fees that may apply, to remedy any such breach of contract or applicable Terms and Conditions. Such actions may be brought before a court in the State of North Carolina, Watauga County, and in the city of Boone, NC. Our purchase order contract shall supersede any other document from purchasing and is the final agreement as it stands. Only after payment for the final purchase agreement is received in-full including any overages or required and approved change-orders are also paid in-full, US Hazmat Storage shall hold a financial stake in the deliverable goods and shall reserve the right to file Uniform Commercial Code (UCC) in such designated jurisdiction.

INVENTORY MANAGEMENT AND PRODUCT STORAGE

If Client chooses to freight the product outside of a carrier contracted by US Hazmat Storage, Client shall pick up and take delivery of their product within ten (10) working days of notification of completion if not sooner. If for any reason such pick up cannot be coordinated with this timeframe, the Client shall have the option to a.) pay off the purchase contract in full and we will hold the goods for up to thirty (30) days at no additional cost to the Client. If storage exceeds 15 day pick up period, a storage rate (b) shall apply, b.) Client shall be assessed an inventory management and product storage fee that shall accrue at $1000 per month to be prorated daily for any storage period beyond the Client’s 15 day pick up window. If any terms of payment expire during storage, Client shall also fulfill all payment obligations in accordance with original purchase order terms of contract, or c.) Client shall have arranged and have approved other arrangements for delivery in written agreement and mutually executed terms approved by both US Hazmat Storage and the Client prior to the expiration of the Client’s pick up window.

FORCE MAJEURE

None of US Hazmat Storage or its affiliates, contractors or suppliers shall be held liable for any delay, compliance, or performance of contracted goods or services in whole or in part due to any acts of God, pandemic, severe weather, government decree or control, disruption of labor, terrorism, protest, insurrection, risk of war, shortages, or due to delivery, procurement, shipment, permitting or licensing of supplies or raw material, or any other such cause, action, or inaction beyond the control of US Hazmat Storage and any of its affiliates, contractors, and suppliers required in performance and completion of the Client’s purchase order.

COMPLETE AGREEMENT

US Hazmat Storage has made clear all Terms and Conditions of quote, purchase, payment, manufacturing, and delivery. All Terms and Conditions including any such terms of use, terms of purchase, terms of quote, terms of payment, and other conditions as set forth herein are provided in full disclosure for reference and the Client’s acceptance. These Terms and Conditions constitute an exclusive, complete, and binding agreement between US Hazmat Storage including its affiliates, contractors, and suppliers, and the Client.

PRODUCT COVERAGE WARRANTY AGREEMENT

PERFORMANCE WARRANTY SUMMARY

All products sold through US Hazmat Storage are designed, engineered, and manufactured with great care to meet our client’s needs. Our products are covered by an industry-leading Twenty Year Structural Warranty. Each unit is also covered with a One Year Craftsmanship and OEM component coverage. Natural variation of any material used in construction, normal wear-and-tear, improper use, or abuse of the unit shall not qualify a defect. Paint and coatings are covered by a One Year Warranty against cracking, fading, and pealing for both interior and exterior factory painted surfaces.

Extended Warranty Available – Contact US Hazmat Storage for added coverage options.

ENTIRE PERFORMANCE WARRANTY COVERAGE AGREEMENT

The Client’s Warranty Coverage shall begin on date of shipment to Client, more specifically from the date the carrier picks up the unit from the factory for delivery to the Client. From this date forward, your US Hazmat Storage unit will be covered with an industry-leading Twenty Year Structural Warranty protecting your unit from defect in structural manufacturing and defect in material. Any normal wear-and-tear, natural variations of materials shall not qualify as a defect. No improper use or neglect in maintenance of the structure or any component accessory including abuse, impact, accident, overuse, or unintended stress on the unit, component, accessory, or material quality shall qualify as a defect. Your warranty coverage requires the unit be unmodified and fully maintained including all parts, materials, components, accessories, and connections by the Client.

With a valid warranty, US Hazmat Storage at its sole discretion will repair or replace any unit or part (“part” includes, but is not limited to material, component, accessory, or connection) to remedy a defect that might arise. If any unit or part has been modified, tampered with, or otherwise altered outside of the original equipment as manufactured, such unit or part shall no longer be covered under this Performance Warranty. The unit including all parts must be properly maintained, tested, and inspected as set forth in the US Hazmat Storage Product Maintenance Guide as provided in your user manual at purchase.

Any material or part not factory manufactured shall be covered by the Original Equipment Manufacturer’s (OEM’s) Warranty for any defect in craftsmanship or operation. This shall include, but is not limited to equipment, mechanical components, electrical components, fans, motors, switches, land centers, breakers, wires, sensors, alarms, fire suppression systems, sprinkler systems, heating units, cooling units, explosion resistant components, access doors, locks, vents, grates, seals, lighting, as well as coatings and finishes. No unit or part may be returned without a pre-approved Return Merchandise Authorization (RMA). To receive an official RMA, you must contact US Hazmat Storage about such defect in the unit or part for evaluation and remedy analysis. Only at such time shall the OEM or its assignee review and disclose applicable remedy based on any such part or defect and its coverage of warranty.

Factory painted and coated surfaces during manufacturing and production of your unit include a One Year Warranty. This covers painted and coated surfaces from cracking, fading, and pealing for both interior and exterior factory painted surfaces. Damaged surfaces from client use, abuse, or improper handling is not covered by and shall not qualify as a defect in paint or coatings.

US Hazmat Storage liability of warranty shall not exceed and shall be limited only to the repair of applicable defect, or the replacement of such unit or part if such defect is not capable of being repaired. This Performance Warranty shall only cover parts or materials. If the repair or replacement of parts requires additional labor in order to rectify any such defect, the Client shall cover any associated labor costs unless otherwise discounted by US Hazmat Storage at its sole discretion. US Hazmat Storage shall have no liability to Client for any loss of production, loss of profit, fines, fees, or any other damage or expense incurred due to a defect or any other reason related to the purchase, unit, or part. Client hereby waives any and all expense and damages with this agreement.

Both US Hazmat Storage and the Client hereby mutually agree that this Performance Warranty as defined herein shall be the Client’s sole remedy for any malfunction or defect that may arise. Any dispute of warranty, defect, or purchase of the unit shall be brought before a court in the State of North Carolina, Watauga County, and in the city of Boone, NC. No other warranty, either expressed or implied shall apply and the full liability of US Hazmat Storage is clearly defined, understood, and in its entirety herein and as set forth by this Performance Warranty Coverage Agreement.

The Client’s acceptance of any authorized quote or offer for goods or services from US Hazmat Storage shall be limited to and bound by acceptance of the Terms and Conditions provided in such final quote. US Hazmat Storage’s acceptance of any purchase order is subject to Client’s consent to any and all terms and conditions, and the Performance Warranty as stipulated in its entirety herein.

Please contact US Hazmat Storage with any questions or to report any damage, defect, or warranty claim. Call 877-959-0747 or email info@ushazmatstorage.com with complete details.

US Hazmat Storage Disclaimers

Consent

Revision on Terms