Terms & Conditions
TERMS OF SALE
When You make any purchases from Steel Hut Concepts LLC (“Steel Hut”), and access and use steelhutconcepts.com (the “Website”), the following terms and conditions govern.
- The Plans
All of the building plans offered for sale on our Website (the “Plans”) were created by architects and designers solely for Steel Hut. The Plans listed for sale on our Website are intellectual property protected by U.S. Copyright Law and the Architectural Works Copyright Protection Act (AWCPA). Steel Hut possesses the exclusive rights to sell the Plans.
- License Terms
Upon your purchase of Plans from Steel Hut, You will be granted a limited, non-exclusive license to use the Plans to construct one steel structure (the “Structure”), one time only. You may modify the Plans only to the extent necessary to meet your specific needs and/or to meet the requirements of your local laws. You agree to comply with the following:
- You may not assign, sublicense, or transfer your license to the Plans;
- Each Plan may only be used to construct a single Structure. If you would like to build ten identical Structures, you will need to purchase ten copies of the Plans from Steel Hut.
- Based upon local rules, You may be required to contact local professionals to: have the Plans reviewed, obtain permits, and comply with building codes.
- You shall not, and shall not authorize or permit anyone else to sell, redistribute, or publish the Plans, or otherwise disclose the Plans to anyone other than the manufacturers, contractors, consultants, lenders, and government agencies who must view the Plans as required for the purpose of building the Structure.
- Third-Party Manufacturer
Steel Hut does not provide or sell the materials You will use to construct the Structure described in the Plans. Upon your purchase of the Plans, Steel Hut will connect You with a third-party manufacturer who will provide the materials necessary to construct the Structure.
- Payment Terms; Refunds
Full payment will be due at the time of purchase of the Plans. You will be responsible for any applicable sales or similar taxes and any other costs related to your purchase of the Plans. Due to the nature of the Plans, all purchases from Steel Hut are final, and no refunds will be granted for any reason.
- Delivery of the Plans
Purchased Plans will be available for download immediately following payment.
- Constructing the Structure
You may need to hire a third-party builder to construct the Structure. Whether You choose to construct the Structure yourself or hire a third-party builder, we recommend the following:
- You or your builder should comply with local building codes and any other applicable laws.
- You or your builder should review the Plans prior to construction to verify that all dimensions and details are appropriate for your local area.
- You or your builder should follow standard construction practices and steel structure construction best practices, including all manufacturer directions, so that the Structure will be structurally sound and weatherproof once completed.
- You or your builder should inspect all materials, equipment, and components of the Structure prior to beginning construction, to ensure that they are all of good quality.
- Disclaimers
- GENERAL DISCLAIMER. BY YOUR USE OF THIS WEBSITE AND YOUR PURCHASE OF THE PLANS, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND ANY PLANS. THIS SITE, INCLUDING ALL PLANS, IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE, PRIOR TO THE USE OF ANY PLANS, THAT SUCH PLANS ARE ACCURATE, SUITABLE FOR YOUR PURPOSES, AND COMPLIANT WITH ALL APPLICABLE LAWS.
- DEFECTIVE MATERIALS. ALL MATERIALS NECESSARY TO FABRICATE THE STRUCTURE DESCRIBED IN THE PLANS ARE PROVIDED BY THIRD-PARTY COMPANIES, AND AS SUCH, STEEL HUT HEREBY DISLCAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES RELATED TO THE MATERIALS, AND LIABILITY FOR ANY MATERIAL DEFECTS, PRODUCTS LIABILITY CLAIMS, OR ANY OTHER CLAIMS RELATED TO THE PROVISION OR QUALITY OF ALL MATERIALS PURCHASED PURSUANT TO THE FABRICATION OF THE STRUCTURE. FURTHER, YOU AGREE AND ACKNOWLEDGE THAT ANY CLAIMS ARISING FROM, OR RELATED TO, THE MATERIALS USED IN THE FABRICATION OF THE STRUCTURE, SHALL BE THE SOLE LIABILITY OF THE MANUFACTURER OF THE MATERIAL OR PRODUCT WHICH GAVE RISE TO THE CLAIM, AND THAT YOU SHALL NOT BRING LEGAL ACTION OF ANY TYPE AGAINST STEEL HUT BASED ON ANY DEFECTS OR ISSUES WITH THE MATERIALS USED IN THE FABRICATION OF THE STRUCTURE.
- FABRICATION AND CONSTRUCTION DEFECTS. STEEL HUT DOES NOT PARTICIPATE IN THE FABRICATION OF MATERIALS OR CONSTRUCTION OF THE STRUCTURES DESCRIBED IN THE PLANS. AS SUCH, STEEL HUT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES RELATED TO THE FABRICATION OF MATERIALS AND CONSTRUCTION OF THE STRUCTURE, AND LIABILITY FOR ANY DEFECTS OR OTHER ISSUES IN THE FABRICATION AND CONSTRUCTION OF THE STRUCTURE. YOU HEREBY AGREE AND ACKNOWLEDGE THAT ANY CLAIMS ARISING FROM, OR RELATED TO, THE FABRICATION OR CONSTRUCTION OF THE STRUCTURE SHALL BE THE SOLE LIABILITY OF THE PARTY WHO PERFORMS THE FABRICATION OR CONSTRUCTION, AND THAT YOU SHALL NOT BRING LEGAL ACTION OF ANY TYPE AGAINST STEEL HUT BASED ON ANY DEFECTS OR ISSUES IN THE FABRICATION OR CONSTRUCTION OF THE STRUCTURE.
- PLANS. ALL PLANS PROVIDED BY AND PURCHASEABLE FROM STEEL HUT HAVE BEEN CREATED BY THIRD-PARTY DESIGNERS WHO MAINTAIN INDEPENDENT LICENSING, AND ARE NOT EMPLOYED BY STEEL HUTS. AS SUCH, STEEL HUT HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES RELATED TO THE PLANS, AND LIABILITY FOR ANY DEFECTS OR OTHER ISSUES WITH THE PLANS.
- LIABILITY. IN NO EVENT SHALL STEEL HUT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATED TO, YOUR USE OF THIS WEBSITE OR THE PLANS.
- CAP ON DAMAGES. ANY LIABILITY WHICH ARISES ON BEHALF OF STEEL HUT SHALL BE LIMITED TO A MAXIMUM AMOUNT WHICH IS EQUAL TO THE AMOUNT PAID FOR THE PLANS.
- Use of the Website
Use of our Website, steelhutconcepts.com, and the Plans are offered and available to users who are 18 years of age or older.
You agree not to use the Website:
- If you are under 18 years of age.
- In any way that violates any applicable federal, state, local, or international law or regulation.
- In any manner that is inappropriate, disruptive, or harmful in the sole opinion of Steel Hut.
Additionally, You agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.
- Otherwise attempt to interfere with the proper working of the Website.
- Miscellaneous
- No Relationship Created. No joint venture, partnership, employment, or agency relationship is created between yourself and Steel Hut as a result of your use of this Website, your purchase of Plans, or your agreement to these Terms of Sale.
- Entire Agreement. These Terms of Sale, together with any referenced documents, make up the only and entire agreement between the parties. These Terms of Sale replace any previous statements, understandings, representations, warranties, or agreements between the parties hereto. If any inconsistency arises between the terms herein and any referenced documents, the terms and conditions of these Terms of Sale shall supersede the terms of any other document, and be controlling on the parties.
- Severability. If any term or provision of these Terms of Sale is determined by a court or arbitrator having jurisdiction to be invalid, illegal, or unenforceable to any extent, the rest of that provision and the remainder of this Agreement will remain enforceable to the fullest extent permitted by law.
- Waiver. No waiver under these Terms of Sale shall be effective unless it is in writing, identified as a waiver, and is signed by the party waiving its right. No failure or delay by a party in exercising any right, remedy, power, or privilege, or in enforcing any condition under these Terms of Sale, or any act, omission, or course of dealing between the parties shall constitute a waiver or estoppel of any right, remedy, power, privilege, or condition arising from these Terms of Sale.
- Governing Law. These Terms of Sale, all related documents, and all matters arising out of or relating to these Terms of Sale, will be governed and interpreted by their terms and in accordance with the laws of the State of Oregon, including Oregon’s statute of limitations, without giving effect to any choice or conflict of laws principles that would cause the laws of any other jurisdiction to apply.
- Notices. Any notices, requests, consents, claims, demands, waivers, and other communications must be in writing and delivered in person or by electronic mail. Any notice sent by electronic mail will be considered delivered upon the other party’s acknowledgement of receipt or response, or by 5:00pm PST on the next business day following the day on which the notice was sent.
- Arbitration. Any dispute or claim that arises out of or that relates to these Terms of Sale, or to the interpretation or breach thereof, or to the existence, validity, or scope of these Terms of Sale or this arbitration clause, shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.
BY YOUR CONTINUED USE OF THE WEBSITE AND/OR YOUR PURCHASE OF THE PLANS, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SALE, AND AGREE TO BE BOUND BY THIS TERMS OF SALE DOCUMENT AND ALL TERMS CONTAINED HEREIN.