Natural Frequency TERMS & CONDITIONS
1. PAYMENT, CANCELLATIONS, AND DELIVERY.
(a) Payment. Customer agrees to pay Natural Frequency. according to these terms and conditions: 100% deposit due at time of Order.
(b) Cancellations. Cancellations may be made within 48 hours of time of Order. Any cancellation made after 48 hours of Order time will be subject to a minimum $500 cancellation fee.
(c) Shipping & Delivery. Shipping and delivery is handled through a certified freight company. Product is packaged in a warehouse. Delivery details and information should be noted with your order if applicable
2. ORDERS. It is the customer’s responsibility to make sure the Product you Order meets local codes or rules that may apply to your property. Orders are not binding upon Natural Frequency. until accepted by Natural Frequency in writing or online, including facsimile and e-mail. Natural Frequency's acceptance of your Order is expressly conditioned upon your acceptance of the terms and conditions herein. Any additional or different terms or conditions contained in your Order or in any other correspondence shall be of no force or effect, unless such terms and conditions are specifically agreed to in writing by Natural Frequency.
3. PRICES AND QUOTATIONS. Unless specifically agreed to in advance by Natural Frequency, all Product prices shall be Natural Frequency's list prices in effect at the time of its receipt of your Order (the “Price”). The Price does not include sales or other taxes, if applicable. In addition to the Price, you agree to pay (either directly to the appropriate governmental entity or to Natural Frequency) any sales or other tax due under any applicable law.
4. DIY. Do-It-Yourself, as the name implies, requires you to install the Product yourself. The Product does not include struts, covers, doors, windows, lighting, electrical, steps, etc. If you order a DIY kit, you are solely responsible for all necessary permits, architectural/engineering work, foundational work (including site preparation), lumber, other construction materials as well as the installation and assembly of the Product. You represent and warrant to Natural Frequency. that you have building experience, including but not limited to carpentry, roofing, reading of architectural plans and manuals, and any other necessary related experience in the building and construction industry or that you will hire someone with such qualifications to install and assemble the Product. Natural Frequency accepts no responsibility and will not be liable for anything related to a DIY installation. You are solely responsible for obtaining all necessary building permits and complying with all applicable building and safety codes in the installation of the Product.
5. DELIVERY AND FORCE MAJEURE. Any and all shipping, and delivery, dates are estimates only, and Natural Frequency does not guarantee that the Product will be shipped, delivered, or installed in accordance with such estimates. Without limiting the generality of the foregoing, Natural Frequency may delay delivery of the Product without any liability therefore as a result of any delay caused by events outside Natural Frequency's reasonable control including, but not limited to, work stoppages, labor difficulties, Natural Frequency’s inability to obtain necessary materials, components, labor, or manufacturing facilities, or anything else that would in any way impair Natural Frequency's ability to deliver the Product in the quantities ordered at the prices quoted.
6. SHIPMENT AND TITLE. You are deemed to receive the Product when you pick up the Product from Natural Frequency's warehouses or upon delivery of the Product to your delivery address. Natural Frequency shall bear all risk of loss and casualty to the Product until such time as the Product has been received or deemed to be received by you. You shall bear all risk of loss and casualty to the Product upon and after the Product has been received or deemed to be received by you. If the Product is delivered to your delivery address, you are solely responsible for and will insure against loss or casualty incurred during and after the unloading process at such location. You are solely responsible to inspect the Product upon receipt for any damages incurred during shipping before signing off with the delivery service. Upon delivery, you are solely responsible for the Product and any and all costs associated with the Product.
7. RETURNS. Product may be returned only with the prior written authorization of Natural Frequency, in Natural Frequency's sole discretion. A return authorization number will be assigned to you by Natural Frequency. If Natural Frequency authorizes a return. The return authorization number must be marked on the shipping container for the Product being returned. Any Product so returned shall be subject to a restocking fee of at minimum of 30% of the purchase Price. You shall bear the risk of loss during shipment with respect to any such returned Product and shall be responsible for insuring the Product for its purchase price. Any Product returned to Natural Frequency without prior authorization shall be returned to you, freight collect. Natural Frequency may place in storage any Product for which shipment is delayed by your inability or unwillingness to pay for and receive the Product. Such storage by Natural Frequency shall be for your account at your expense, and the Product so stored shall be at your risk while stored.
8. LIMITED WARRANTY. Natural Frequency warrants to the original purchaser of the Product that, should there be any defects in the material or workmanship during the initial 12 months (one year) from your receipt of the Product, Natural Frequency will repair or replace the defective component(s) at its option. You must notify Natural Frequency of any claim of defects in the material or workmanship within one 12 months (one year) after your receipt of the Product. Said notice must be in writing, set forth specifically the basis for the claim, and include a photograph of the defect(s). The failure to satisfy the requirements above will constitute irrevocable acceptance of the Product. All warranty claim notices should be sent to Natural Frequency, attention to General Manager, 107 Ransom Ave, McLeod ND 58057. This warranty gives you specific legal rights. (You may also have other rights which vary from state to state). Failure to follow the Construction Manual or any related instructions, and any abuse or misuse of the Product including unauthorized alterations, will void this Limited Warranty. Natural Frequency is not responsible for damage caused by the location of the Product on or over inappropriate soils or terrain or by the use of improper replacement parts. Natural Frequency assumes no responsibility and expressly disclaims all liabilities for damages due to misuse, neglect, improper maintenance or adjustments, and normal wear and tear of the Product. Natural Frequency reserves the right to change and/or improve the design and/or specifications of the Product without notice or obligation to modify previously produced units. No installation or other instructions, advice, Product information, or marketing materials, whether oral or written, obtained by you at any time from Natural Frequency or any vendor or retailer of Natural Frequency Products shall create any Natural Frequency express warranty not expressly stated in this Section.
Natural Frequency MAKES NO EXPRESS WARRANTIES EXCEPT AS STATED IN THIS SECTION. ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL TERMINATE THREE HUNDRED SIXTY FIVE (365) DAYS FROM YOUR RECEIPT OF THE PRODUCT. (SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.)
9. THE PRODUCT IS NOT DESIGNED OR INTENDED TO BE USED AS A RESIDENCE OR DWELLING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PRODUCT IS NOT DESIGNED OR INTENDED TO BE USED AS A RESIDENCE OR DWELLING. USE OF THE PRODUCT AS A RESIDENCE OR DWELLING MAY RESULT IN LOSS OF PROPERTY AND/OR SERIOUS INJURY. ANY USE OF THE PRODUCT AS A RESIDENCE OR DWELLING SHALL TERMINATE ANY AND ALL WARRANTIES HEREUNDER. YOU EXPRESSLY AGREE TO INDEMNIFY NATURAL FREQUENCY (PURSUANT TO SECTION 10 BELOW) FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, AND LOSSES ARISING FROM YOUR USE OF THE PRODUCT AS A RESIDENCE OR DWELLING.
10. INDEMNIFICATION. You agree to defend, with counsel approved by Natural Frequency, all actions against Natural Frequency, its officers, directors, managers, shareholders, members, employees, agents, beneficiaries, successors, and other representatives (the "Indemnified Parties") with respect to, and to pay, protect, and indemnify and save harmless all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees and expenses), causes of action, suits, claims, demands, or judgments of any nature arising from or relating to the injury to or death of any person, or damage to or loss of property, caused by or incurred in connection with your use or misuse of the Product.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL Natural Frequency BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE THESE TERMS AND CONDITIONS OR YOUR PURCHASE OF PRODUCT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF Natural Frequency HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Natural Frequency (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EXCEED THE PRICE PAID BY YOU TO Natural Frequency
(Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have additional rights to those contained herein. In such states, Natural Frequency’s liability is limited to the greatest extent permitted by law.)
12. TRADEMARKS AND TRADENAMES. You acknowledge and agree that all brand names, trade names, and trademarks incorporated onto or associated with the Product (collectively, the "Marks") purchased hereunder are the exclusive property of Natural Frequency and that you shall not acquire any rights in any of the Marks by purchasing the Product. You shall not make any use of the Marks at any time except as otherwise authorized in writing by Natural Frequency.
13. PROPRIETARY INFORMATION/NONDISCLOSURE. You acknowledge and agree that any knowledge or information, including drawings, designs, specifications, plans, and data, that Natural Frequency may have disclosed or may hereafter disclose to you incident to the placing and filling of an Order shall, at all times, remain the exclusive property of Natural Frequency, and you shall acquire no interest in, or right with respect to, such proprietary information unless otherwise stated in writing by Natural Frequency. You further acknowledge and agree that such proprietary information constitutes valuable, special, and unique business assets of Natural Frequency and that you shall not now or at any time in the future use any such information in any manner or disclose any such information to any person or entity, except as expressly permitted in writing by Natural Frequency.
14. GOVERNING LAW AND JURISDICTION. ALL MATTERS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR PURCHASE OF PRODUCT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH DAKOTA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. EXCLUSIVE JURISDICTION OVER AND VENUE OF ANY SUIT WILL BE IN THE STATE COURTS LOCATED IN RANSOM COUNTY, NORTH DAKOTA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA LOCATED IN BISMARK, NORTH DAKOTA.
15. ENTIRE AGREEMENT. These terms and conditions together with the Order constitute the parties' entire agreement relating to the subject matter hereof and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to such subject matter. No modification to these terms and conditions will be binding unless in writing and signed by each party.
16. NO WAIVER. No waiver of any provision of these terms and conditions or delay by either party in enforcement of any right hereunder shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.
17. SEVERABILITY. In the event any provision herein should be held unenforceable by a court of competent jurisdiction, such court is hereby authorized to amend such provision so that it will be enforceable to the fullest extent permitted by law, and all remaining provisions shall continue in full force without being affected, impaired, or invalidated thereby in any way.
18. NO ASSIGNMENT. You agree that you may not to assign or transfer any of your rights arising out of or related to these terms and conditions or your purchase of Product.
19. ATTORNEYS FEES. You agree that if you fail to timely pay to Natural Frequency any sums due hereunder and Natural Frequency sues to collect such sums, you will be liable for reasonable attorney’s fees so incurred by Natural Frequency
I hereby agree to order the Product at the stated costs and have read and agree to the TERMS AND CONDITIONS, incorporated herein under this reference. I understand that Natural Frequency reserves the right to change, discontinue or substitute materials. I understand that the Product delivered will consist of all hub connector parts and pieces, as well as fasteners, but does not include any foundational work, struts, covers, doors, windows, lighting, electrical, steps, etc. from Natural Frequency or its delivery personnel, unless otherwise stated.