Old Hickory Buyer Information
Additional Terms, Conditions & Warranties
1. SALE IS NOT FINAL
This Agreement is subject to approval and execution by Old Hickory’s corporate office. Old Hickory has the right to refuse any sale up until the time when the building is set up at customer’s location. Old Hickory shall have the right to correct any errors in this Agreement concerning pricing or taxes.
2. LIMITED WARRANTY
Customer will receive a limited five-year warranty. The details of this warranty can be found online at www.oldhickorybuildings.com. Customer acknowledges that they have been provided a copy of this warranty or have had adequate time to review this warranty online. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE GOODS AND SERVICES TO BE PURCHASED UNDER THIS AGREEMENT ARE FURNISHED AS IS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
3. DELIVERY AND SETUP
Old Hickory strives to deliver all buildings in a timely manner consistent with our customers’ expectations; however, Old Hickory does not guarantee dates or times of delivery. Customer expressly understands that inclement weather, vehicle problems, difficulties at other delivery locations, and/or other unforeseen circumstances can affect the date and time of delivery. Old Hickory is not responsible for any of Customer’s lost work time associated with any delays or rescheduled deliveries. Customer represents that the delivery location will be accessible by a truck and trailer. It is the customer’s responsibility to decide if ground conditions are unsuitable or too wet for delivery. Customer is responsible for informing the delivery driver of any utility hazards or any other relevant matter prior to commencement of setup.
Old Hickory is not responsible for permits, snow/wind load requirements, covenant searches, restrictions, setbacks, yard damage, or underground damage. Please contact your local building inspector and/or homeowner’s association for information on requirements and restrictions. Customer shall be solely responsible for and shall obtain any necessary permits PRIOR TO installation. Customer agrees to indemnify and hold harmless Old Hickory and its independent contractor delivery drivers for any yard damage done during installations and/or any violation of any government ordinance or code resulting from the installation of any Old Hickory product at Customer’s location. Customer releases Old Hickory and its independent contractor delivery drivers from any claims for punitive, indirect, incidental, special, or consequential damages.
Drivers do not take credit cards. All balances due must be paid by cash or check on delivery. Balance due paid by credit card must be paid prior to delivery. Credit card price is 3% higher than discounted cash price listed on the work order. In the event building is not paid for before or on delivery, driver will not leave building and additional trip charges will be incurred. If delivery has not been made within 90 days, cash customers must pay balance due, rental customers must pay the rent due or other amounts as required by the rental-purchase agreement. All amounts not paid at delivery will be considered past due.
6. CANCELLATIONS AND REFUNDS
If Customer is dissatisfied with the Old Hickory product upon acceptance of delivery by Customer or Customer’s authorized agent, Customer’s sole recourse is to file a warranty claim.
7. LATE PAYMENT, COSTS OF COLLECTION, AND REPOSSESSION
If Old Hickory must engage in an effort to secure payment or otherwise seek to compel Customer to fulfil any of Customer’s obligations under this Agreement, Customer agrees to reimburse Old Hickory for any and all reasonable attorney fees, costs, and other expenses. Old Hickory may charge a monthly late fee equal to 10% of the amount due or the maximum amount allowed by law. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT A FAILURE TO PAY ALL AMOUNTS DUE ENTITLES OLD HICKORY THE RIGHT TO REPOSSESSION OF THE OLD HICKORY PRODUCT AND CUSTOMER FURTHER WAIVES ANY AND ALL RIGHTS AND/OR CLAIMS FOR REFUND FOR ANY PAYMENTS MADE PRIOR TO SUCH REPOSSESSION, UNLESS THE PAYMENTS MADE EXCEED THE DEPOSIT PLUS EXPENSES INCURRED BY OLD HICKORY IN RETRIEVING THE OLD HICKORY PRODUCT.
8. REPRESENTATIONS AND WARRANTIES
Customer hereby represents and warrants to Old Hickory, that Customer is the owner, or an authorized agent of the owner, of the property on which the Old Hickory product is to be delivered and set up.
9. SEVERABILITY; APPLICABLE LAW AND VENUE; CLASS ACTION WAIVER
If any provision of this Agreement is invalid, illegal, or incapable of being enforced by reason of any rule of law, public policy, or otherwise, any remaining provisions of this Agreement shall nevertheless remain in full force and effect. This Agreement will be governed and construed by the laws of the State of Tennessee, without giving effect to its choice of law principles. Customer agrees that any legal action arising out of this Agreement instituted by Customer will be brought, and consents to the jurisdiction and venue in, Rutherford County, Tennessee. Customer specifically agrees that any claims arising out of or relating to this Agreement must be brought by Customer in an individual capacity and expressly waives any right or option for Customer to bring any claim related in any way to this Agreement as a plaintiff or class member in any representative action.
10. ELECTRONIC NOTICE; CONSENT TO USE INFORMATION
Blocking/Moving Charges For Your
Delivery Company & Old Hickory Sheds
What is included in free delivery and setup?
Our best attempt at locating the building where you would like. However, if said location is inaccessible and it is necessary to return the shed to the dealer, or return at a later date to move to desired location an additional fee will be assessed. Price will vary depending on size of building and the situation.
Clearance needed is as follows: 8′ & 10′ wide buildings add 6 inches to building width. For 12′, 14′, and 16′ widths need not add extra. This measurement is from eave to eave and does not account for the wall width. Add 15″ to above measurements to account for eaves. Also, be sure to note house eave/overhangs when surveying the property for delivery as well as have trees trimmed to a minimum of 12′ height clearance.
Building is placed with one corner resting on the highest ground point, and levelled from there. Anything under 4 inches out is levelled using driver supplied pressure treated or cedar blocking. Anything between 4-12 inches out of level you may upgrade to driver supplied concrete blocks (4x8x16) available at $3 each. Anything over 12 inches concrete blocks are mandatory.
Additional clearance below the building is not recommended due to engineering against wind lift off, as well as making it difficult to access the building. However, if this is desired we can set the building up this way.
Additional fees per layer of blocking above highest ground point.
8′-10′ wide $50
12′ wide $75
14′-16′ wide $100
Driver carries 24 concrete blocks. If more is needed the customer is responsible to provide them.