Bunce Buildings through Best Carports Online and this website, www.bestcarportsonine.com (collectively referred to hereinafter as “Seller”) owns and operates this Website. This document governs your relationship with www.bestcarportsonline.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.bestcarportsonline.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Seller or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Seller and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are agreeing to purchase a product(s) subject to the following terms and conditions set forth and/or incorporated herein.
Seller is a dealer for Eagle Carports Inc. (hereinafter referred to as “Manufacturer”) and as such Seller’s sole responsibility is to provide terms of sale, pricing and ordering information in order to guide you through the process of placing and ordering a product.
All sales made through Seller are subject to and Customer expressly understands, accepts and agrees to The “Purchase Agreement & Terms” of Manufacturer which is incorporated herein by reference and can be found here.
Seller does not collect the full balance for the product purchased at the time of order but, instead, collects only a deposit in the amount of 10%, 12% or 15% pre-tax when the order is placed. The balance due for the product purchased is paid at the time of installation pursuant to Manufacturer’s Purchase Agreement and Terms. Seller is not a principal or agent for Manufacturer, does not manufacture or install any product, and does not represent any companies or links placed on this website.
All orders are subject to availability and confirmation of the order price.
Lead-time and installation date may vary according to availability and subject to any delays resulting from weather, third party installer schedules and other force majeure for which neither Seller nor manufacturer is responsible. Moreover, cancellations or delays in installation may occur due to weather, equipment failure, accidents, complications caused by previous orders, acts of God and other unforeseen circumstances for which neither Seller or Manufacturer is responsible. Manufacturer, which schedules your installation, will do its best to keep you informed of an such issues as they arise.
Because of variables beyond anyone’s control, including but not limited to the weather, the weight of the trucks and trailers that deliver the products and the nature of this business, neither Seller, Manufacturer nor Installer shall be responsible for damage done to your yard, anything buried in your yard , trees and shrubs, driveways,or anything located in the areas where the truck and trailer must travel to install your unit. If weather does not permit the installation of your product at the time scheduled, you are responsible for advising Manufacturer so that the installation can be rescheduled.
If upon arrival to the site for installation, the unit cannot be installed for any reason due to no fault of Seller or Manufacturer, (for example, if the ground is so out of level that it cannot be corrected by the installer or obstacles block the placement of the building, etc.) you agree to pay an additional $150 or 5% of the cost the building, whichever is greater, to cover the cost of a return trip once you have resolved the issue. If the ground is no more than 3-4 inches out of level and the installer can rectify same with some additional time and labor, you understand and agree to pay an extra leveling charge on-site to the installer at the time of installation.
Many color options are offered for most products through the website. Although Seller has gone to great length to provide exact color presentations, digital photographs and color swatches displayed on your digital device may differ from the actual product color. Placement of your order acknowledges that Seller is not responsible or liable for any such color difference or deviation. If exactitude in color is important, you may request that a color chip(s) be sent to you by USPS prior to ordering for a shipping and handling fee of $7.00.
You are solely responsible for obtaining any and all local or state permits, covenant searches, right of way or set back restrictions and otherwise complying with all state and local laws with respect to the installation of the product purchased and same is not included in any pricing by Seller.
To place an order or enter a contract, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Seller retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party with which you have contracted. This will usually be Manufacturer but may, in some cases, be another third party. Where a contract is made with any third party, Seller is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) The Contract
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract will not be formed until you receive a confirmation from the Manufacturer by phone or email that the goods which you ordered will be dispatched to you. Only those goods identified in the confirmation at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of re-confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds and/or credit card approval to fulfil the transaction. Your card will be debited/charged upon authorization being received. The monies received upon the debiting/charging of your card shall be treated as a deposit against the value of the goods you wish to purchase. All pricing and payments are in U.S. Dollars.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.bestcarportsonline.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Seller’s liability for negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated Seller and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Seller.
You agree to indemnify, defend and hold harmless Seller, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Seller shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please contact us if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Seller. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Seller.