CUSTOM SKIRTING LLC TERMS
Product Terms and Conditions
The Terms and Conditions below supersede the terms and conditions of any customer purchase orders or similar documents with respect to the purchase of CUSTOM SKIRTING LLC products listed on your CUSTOM SKIRTING LLC order acknowledgement or invoice, except as per paragraph 12 below.
No terms or provisions of any purchase orders or similar documents submitted by the Purchaser and no waiver, alteration, modification of any of the terms and provisions below shall be effective or binding on CUSTOM SKIRTING LLC, unless in writing and signed by an authorized officer of CUSTOM SKIRTING LLC. Acceptance of the products by Purchaser constitutes an agreement by Purchaser to be bound by these Terms and Conditions.
1. Acceptance of Orders
All customer purchase orders are subject to acceptance by CUSTOM SKIRTING LLC at Rapid City, SD.
2. Terms of Payment
Unless agreed upon otherwise, net thirty (30) days from date of invoice, which is the date of shipment from CUSTOM SKIRTING LLC. CUSTOM SKIRTING LLC reserves the right to charge a service charge of 2% per month (or the maximum rate permitted by law, if less) on unpaid balances over thirty days. Purchaser agrees to reimburse CUSTOM SKIRTING LLC for any legal fees incurred by CUSTOM SKIRTING LLC to collect amounts to which it is entitled.
3. Product Specifications
CUSTOM SKIRTING LLC reserves the right to change or modify product specifications for its standard products in its sole discretion from time to time provided, however, that no such change or modification shall be applicable to orders previously accepted by CUSTOM SKIRTING LLC. Changes in specifications to custom products shall be made only with prior mutual agreement of Purchaser and CUSTOM SKIRTING LLC.
4. Special terms and conditions for products:
By agreeing to the terms and conditions you agree to:
- 3 year non-transferable warranty
-Custom Skirting is not liable for "soft ground" or "acts of God". Customers acknowledge that our skirts are designed to be held securely to the ground at all times and damage can occur to your skirting and/or your RV if it is not.
- Unless other terms are agreed upon, such as our financing program, a $1,000 deposit is required to place all RV skirting orders. Said deposit is NON REFUNDABLE once we travel to blueprint your RV. A second payment installment of $999.99 (or the balance if it is less) will be due at the start of manufacturing. Any renaming balance shall be charged once your custom product is shipped out.
- All quotes are based on outside length of camper. If the outside measurement of the trailer is different than the quote it will be adjusted in the final payment at a rate of $50/ linear foot.
-Unless arranged otherwise, all RV skirting orders will be print and channeled (PNC) and your RV Skirting will be shipped to you.
- Your dwelling shall be free of clutter, out buildings, fences, etc. at the time of blueprint and channel install. A minimum of $250 will be charged if we need to move said items.
- All pets need to be secured inside your dwelling or secured outside of working limits.
- Pet feces needs to be removed around dwelling. A clean up fee shall be added at a rate of $5/dropping.
-It is the customers responsibility to inform Custom Skirting of any relocation. If relocation occurs after blueprinting, a $500 plus $5/mile fee will be charged unless previously agreed to in writing.
-All orders are 100% custom hand made products. Once your order has been sent to manufacturing you are responsible for the full amount of your order. Any outstanding balances will be charged to the card on file, unless otherwise arranged in writing.
-If you have placed an order and you relocate to a region we do not travel to, it is the customers responsibility to come to us to complete the process and to finalize their order.
-Past due amounts will be subject to 2% per month finance charge.
- Any changes in terms and conditions shall be in writing and agreed to by both parties.
4. Product Liability Indemnification
Upon written notice to CUSTOM SKIRTING LLC provided within thirty (30) days of the date Purchaser first learns of a potential claim arising out of the use of CUSTOM SKIRTING LLC’s product, CUSTOM SKIRTING LLC shall indemnify, save harmless, and at Purchaser’s written request defend Purchaser against any and all claims, loss, damages, liabilities, costs, expenses (including reasonable attorneys’ fees) incurred in connection with personal injury (including death) or damage to property caused by a defect in a CUSTOM SKIRTING LLC product or the willful misconduct or negligence of CUSTOM SKIRTING LLC or its agents or employees; provided, however, that CUSTOM SKIRTING LLC shall have no obligation to indemnify a Purchaser with respect to any Claim arising out of the negligence or willful misconduct of such Purchaser or its employees, agents and partners; such negligence or willful misconduct shall include, without limitation, use of a CUSTOM SKIRTING LLC product other than as labeled and/or other than in a manner consistent with the product’s Instructions for Use. A Purchaser shall be entitled to indemnify hereunder only if: (i) the Purchaser notifies CUSTOM SKIRTING LLC promptly in writing within thirty (30) days of the date Purchaser first learns of a Claim or potential Claim; (ii) CUSTOM SKIRTING LLC has sole control over the defense of the Claim and any negotiation for its settlement or compromise; (iii) the Purchaser has not taken and does not take any action that is contrary to CUSTOM SKIRTING LLC’s interest; and (iv) the Purchaser cooperates with CUSTOM SKIRTING LLC in the investigation and defense of any Claim covered by this indemnity. In the event that a Claim is caused by the negligence of CUSTOM SKIRTING LLC and Purchaser (or their respective employees and agents), CUSTOM SKIRTING LLC and Purchaser agree that liability for such Claim shall be allocated between them based on a comparative negligence standard. Customer is responsible for damage to skirt due to abrasive corners or edges on trailer.
5. Other Indemnification
CUSTOM SKIRTING LLC shall also indemnify Purchaser from any third party claims of infringement of any copyright or patent related to Purchaser’s use of CUSTOM SKIRTING LLC’s products.
6. Warranty, Disclaimer and Limitation of Liability
CUSTOM SKIRTING LLC warrants its Products from date of shipment to be free from defects in workmanship and material, and in material compliance with all published product specifications in effect on the date of shipment for a period of thirty (30) days for supplies, or for thirty six (36) months, as applicable per the operator’s manual, for equipment. During the warranty period CUSTOM SKIRTING LLC shall, at its option, replace any products shown to CUSTOM SKIRTING LLC’s reasonable satisfaction to be defective at no expense to the Purchaser or refund the purchase price. The foregoing remedies shall be Purchaser’s sole and exclusive remedies under this warranty. In the event that Purchaser makes any modifications or alterations to the Products, the foregoing warranties shall be void and of no further force or effect. EXCEPT FOR THE FOREGOING WARRANTIES, THE PRODUCTS ARE SOLD AS-IS AND WITHOUT ANY OTHER WARRANTY OF ANY NATURE WHATSOEVER. CUSTOM SKIRTING LLC HAS NOT MADE AND DOES NOT MAKE ANY OTHER REPRESENTATION, WARRANTY, GUARANTY, OR COVENANT, EXPRESS OR IMPLIED WITH RESPECT TO THE DESIGN, CONDITION, DURABILITY, SUITABILITY, FITNESS FOR USE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OF THE PRODUCTS IN ANY RESPECT, UNDER NO CIRCUMSTANCES AND IN NO EVENT WHETHER AS A RESULT OF BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE SHALL CUSTOM SKIRTING LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR OTHER ECONOMIC LOSS. IN NO EVENT SHALL CUSTOM SKIRTING LLC‘S LIABILITY TO THE PURCHASER WITH RESPECT TO THIS WARRANTY WITH RESPECT TO THE PURCHASE OF A PRODUCT EXCEED THE PURCHASE PRICE FOR SUCH PRODUCT. NOT LIABLE IF SKIRTING IS NOT PROPPERLY SECURED TO THE GROUND.
Purchaser must obtain a return authorization number from CUSTOM SKIRTING LLC Customer Service prior to returning any products. To qualify for credit, products must be returned, transportation prepaid, within thirty (30) days of original install or shipping date in same condition as received, and in original cartons. Restocking charges may be imposed for any product which is returned after more than 30 days from the original shipment date.
The amount of any present or future federal, state, or local taxes required to be collected or paid by CUSTOM SKIRTING LLC will be added to the invoice and paid by the Purchaser. Tax exempt institutions must provide CUSTOM SKIRTING LLC with a signed tax exemption certificate, or taxes will be added to the invoice.
9. Shipment and Handling Policies
All products are sold F.O.B. CUSTOM SKIRTING LLC’s Rapid City SD facility, and shipped via United Parcel Service or best way, unless specified in advance per Paragraph 12 below. Freight charges will be prepaid by CUSTOM SKIRTING LLC and added to the invoice. CUSTOM SKIRTING LLC reserves the right to make deliveries through its own means where possible. Insurance, if required, must be specified by purchaser at its own cost. CUSTOM SKIRTING LLC shall not be liable and assumes no responsibility for any loss or damage sustained by Purchaser due to inability to meet a specified delivery date. Shipping discrepancies must be reported within ten (10) days from receipt of merchandise. A two (2) percent handling fee applies to all orders.
Custom orders cannot be cancelled after acceptance by CUSTOM SKIRTING LLC except upon terms that will fully compensate CUSTOM SKIRTING LLC’s incurred costs for materials that cannot be used in other devices.
11. Force Majeure
CUSTOM SKIRTING LLC shall not be liable for loss, damage, delay, or failure to deliver caused by accident, labor disputes, flood, earthquakes, riots, fire, civil commotion insurrection, war, the elements, embargoes, failure of carriers, inability to obtain transportation facilities, government regulations, acts of God or the public enemy or limitations of CUSTOM SKIRTING LLC or its suppliers, production or marketing activities or any other causes or contingencies beyond its control.
12. Self Install
If you move and we ship you the skirting channel for you to install any warranty otherwise offered is null and void.
We Do NOT install Therma-Slide Wraps.
Most of our skirting orders requires Custom Skirting, LLC to ship the final finished product to the customer. This means the customer will install the initial, as well as, consecutive removal/installs each time they choose to relocate or take down/put up their skirting.
13. Entire Agreement, Amendments, Special Terms
This Agreement contains the entire and only agreement between the parties respecting sale of products referred to herein, and all prior and collateral representations, promises and conditions in connection therewith are superseded hereby. No modification waiver or termination of any provisions contained in this Agreement or any future representation, promise or conditions in connection with the subject matter hereof shall be binding upon CUSTOM SKIRTING LLC or Purchaser unless made in writing and signed by an officer or other authorized representative thereof. In some case, a GPO contract may supersede the terms & conditions herein.
13. Choice of Law
This Agreement shall be interpreted and construed in accordance with the laws of the state of South Dakota.