Important Disclaimers

Freight: Estimated Lead Times Disclaimer

• Delivered As Priced (Freight Included)
• Estimated lead time is  _____ weeks from receipt of signed documents
• Out of state sales not subject to sales tax.
• Will expedite where possible.
• Prices are good for 10 days.
• Items above based on all material shipped together (subject to RE-QUOTE should quantities change).
• Quotes based on stock availability
• Forklift or 2+ people onsite to unload. Drivers do not unload.

Delivery Disclaimer

• Must Have Minimum of 2 People Onsite to Unload Delivery
• Truck Does Not Come With Forklift
• If Truck Arrives and No One is There To Unload, Customer WILL BE RESPONSIBLE For Freight Charges Back To Western States Decking and For A Re-Delivery Charge.
• A Western States Shipping representative will contact the receiving parties regarding delivery using the contact information provided on the order 48 hours prior to shipment. If contact is not made by 8 am Arizona standard time on the day of departure the delivery date will be subject to change with a new lead time.

Flat Sheet Tolerances Disclaimer

• Widths-Mill Tolerances apply to all standard width sheets
• Lengths-Tolerances +/- 1/2"
• Sheets Cut/Processed Square to Square +/- 1/8" All sides
• If square to square sheets are required a new quote will be required

Rust Run Off Disclaimer^†

Rust runoff will likely stain the surrounding surfaces. Western States Decking, Inc does not provide any warranties, express or implied on cold rolled bare (black steel) or A606 Type 4. This product is intended to naturally weather and rust. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED AND EXCLUDED; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR US. MATERIAL IS NOT PRE-RUSTED LOAD CALCULATIONS AND LOAD TABLES DO NOT APPLY TO ANY A606 OR BARE STEEL PRODUCT. PLEASE CONTACT A PROFESSIONAL ENGINEER FOR YOUR SPECIFIC APPLICATION OF THE PRODUCT. A606-4 should not be used with dissimilar metals other than stainless steel. This will decrease the lifespan of the product. Screws to be stainless steel. 

^† Mill Certifications available at time of shipment

Bonderized Disclaimer

DUE TO BONDERIZING, BONDERIZING ACRYLIC OR REZIBOND PROCESS MATERIAL GETS A POWDER FILM OVER IT AND A PROTECTIVE PLASTIC THAT WILL NOT STICK TO SHEETING OR TRIM. WESTERN STATES DECKING WILL DO ALL WITHIN OUR POWER TO LIMIT SCRATCHES. THIS IS NOT A REASON FOR REJECTION IF MATERIAL GETS TO JOB SITE WITH SCRATCHES.

Western States Decking, Inc. does not provide any warranties, express or implied on Bonderized & Rezibond Roofing or flat Stock. Material may develop white rust/oxidation after installation. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED AND EXCLUDED; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

Flat Sheets Tolerance Mini Disclaimer

• All sheets plus or minus 1/2" Tolerance in length & width.
• Custom Cut with an abrasive wheel. Deburring NOT included.

Oil Canning Disclaimer

Flat metal surfaces will display waviness commonly referred to as 'oil-canning'. This is caused by steel mill tolerances, variations in the substrate and roofing underlayments. Oil canning is characteristic, not a defect, of panels manufactured from light-gauge metal. Panels are factory "corrective-leveled" to minimize oil canning. Oil canning is not a cause for panel rejection. Striations and stiffening ribs will minimize oil canning.

Seconds Disclaimer

Western States Decking, Inc. does not provide any warranties express or implied on "Secondary Material". This material is "SOLD AS IS". No Warrant or Merchantability or fitness for any particular EndUse is implied. The material grade of the steel cannot be confirmed therefore all LOAD CALCULATIONS AND LOAD TABLES DO NOT APPLY. PLEASE CONTACT A PROFESSIONAL ENGINEER FOR YOUR SPECIFIC APPLICATION OF THE PRODUCT. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED AND EXCLUDED; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

Freight “Customer Arranged” Disclaimer

• Customer To Arrange and Coordinate All Freight.

Pricing Disclaimer

• Pricing Does Not Include Any Taxes, Tariffs, Duties, Etc. Pricing in US $.

Cover Sheet “Customer Declines” Disclaimer

• CUSTOMER DECLINES COVER SHEETS, WSD IS NOT RESPONSIBLE FOR ANY SCRATCHES OR DAMAGES TO MATERIAL.

Delivery Times Disclaimer

• ALL DELIVERY TIMES ARE ESTIMATED
• Trucks DO NOT come with lift-equipment and drivers DO NOT help unload. Must have a minimum of 2 people to unload.
• Customer is 100% responsible for unloading the material.
• Customers are allowed one hour of off-load time. After one hour, customers could be charged up to $65 per hour.
• If a truck arrives and nobody is available to unload or customer is not able to unload, the customer WILL BE RESPONSIBLE for any freight related charges including, but not limited to: Storage fees, return fees and/or re-delivery fees. For a detailed list of what to expect with your delivery, please contact Western States Freight Department at 602.495.0048
• A Western States Shipping representative will contact the receiving parties regarding delivery using the contact information provided on the order 48 hours prior to shipment.

Tolerance Mini Disclaimer

• Sheet Lengths Plus or Minus 1/2" Tolerance.

Rezibond Disclaimer Attached

Please see Rezibond Disclaimer attached regarding finish, coating, and processing. Please sign disclaimer and return with the signed confirmation.

Credit Card Surcharge Disclaimer

If paying with a credit card there will be a 3% surcharge on the entire order amount including material, freight, taxes, etc.

B-Deck Excess Material Disclaimer

1.5" B-Deck is sold as Excess Primary Material. Western States cannot supply Mill certs, load charts or engineering and manufacturer information.

Copper Oxidation Disclaimer

The oxidation process that gives Copper its characteristic brown / green patina is a result of exposure to the atmosphere in the location that it is installed. This process can vary due to the handling, use, location, and storage of these materials. The patina will eventually cover the whole surface which is a natural process of weathering. Western States Metal Roofing assumes no responsibility or liability and makes no warranty, expressed or implied. All copper is sold “as is” with no returns.

Take-Off Liability Disclaimer

• Western States Decking will not be held liable or responsible for any takeoffs.
• All final quantities, sizes and lengths of all panels and trim shall be determined by customer’s final field measurements.
• Western States Decking will not be held responsible for any sizes or any wrong details that were not checked by customers.

Coil Weight Disclaimer

Coil Weight +/- 250 lbs

Button Punch Customer Acknowledgement Disclaimer

Customer acknowledges receipt of Button punch rental agreement.

Proposition 65 Disclaimer

Proposition 65 Statement: WARNING: This product may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.

Flats Offshore Disclaimer

• All material is quoted using the imperial system in units of measurement otherwise known as “U.S. Dimensions”. All Material is Made and Manufactured in the U.S.A. We quote the closest dimensions we can offer. MTR Reports are issued at time of order.
• Pricing Does Not Include Any Taxes, Tariffs, Duties, Etc.
• Pricing in US $
• Terms NON NEGOTIABLE
• Wire Transfer Due At Time Of Order
• ALL MATERIAL “FOB - USA” (DOES NOT INCLUDE FREIGHT TO U.S. PORT OF CUSTOMER CHOICE)
• WE DO NOT SHIP OUTSIDE THE U.S.
• CUSTOMER TO PROVIDE U.S. PORT TO CALCULATE SHIPPING
• CUSTOMER RESPONSIBLE FOR ARRANGING FREIGHT WITH FREIGHT FORWARDER TO DESTINATION
• 2-3 WEEK LEAD TIME
• OFFERS ARE VALID FOR 5 DAYS
• NO COMMISSIONS ARE PAID - ALL MATERIALS PURCHASED ARE SOLD DIRECTLY TO PURCHASER

Credit Card Authorization Disclaimer

I hereby warrant and represent to Western States Metal Roofing, that the information that I have provided in regards to the credit card being charged is true and accurate. Western States Metal Roofing Terms and Conditions of the sale are incorporated herein by reference. I hereby authorize Western States Metal Roofing to charge the credit card that I have provided in the amount of $_____. I hereby stipulate, agree and warrant to Western States Metal Roofing that under no circumstances shall I or my credit card company stop payment of the above referenced amount to Western States Metal Roofing.

Damaged Order Liability Disclaimer

Western States Metal Roofing will not be held liable for any damaged orders not picked up after 30 days from completion. If an order is left beyond 30 days and is damaged, the customer is still liable for any and all payments. Damage is not a means for rejection.

Western States Decking, Inc. Sales-Service Terms and Conditions

Western States Metal Roofing is the trade name and a division of Western States Decking, Inc.(collectively, “Western States”). Among other products Western States manufactures and sells metal roofing, wall panels, metal siding, corrugated, standing seam, R panel, metal deck, metal purlins, trim, and accessories (collectively, “metal products”). Because the installation procedures for metal products can vary from other roofing and wall panels, metal products, particularly metal roofing, require installation by contractors and technicians who have knowledge and experience installing such products. To that end Western States provides a video with instructions on the proper way to install the metal products (the “Instructional Video”).  

WARRANTY: The metal products furnished hereunder shall conform to the specifications of the Order.  

DISCLAIMER OF WARRANTIES

Disclaimer of Warranty re Metal Products Western States disclaims any and all other warranties, express or implied, relating to our metal products including the warranty of fitness for a particular purpose, suitability, and non-interruption.

Disclaimer of Warranty re Video and Installation Information As noted above Western States provides an instructional video to aid the contractors and workmen who install its products (“installers”).  These installers may be, but are not necessarily, referred to you by Western States. In any case the Instructional Video is provided for informational purposes only. It contains general information which may not apply in all situations, e.g. with different structures or due to different climate. Because Western States does not install the metal products it cannot know or advise you on the particular and best installation procedures for your project.  

LIMITATION OF LIABILITY

Western States shall not be responsible for, and shall not pay, any amount of incidental, consequential or other direct or indirect damages, whether based on lost revenue, lost profits, loss of goodwill or otherwise, regardless of whether we were advised of the possibility of such losses in advance, or for any compensation, exemplary, punitive or damages except as set forth herein.  In no event shall Western States liability hereunder exceed the amount paid by you, the customer, for our services, regardless of whether your claim is based on contract, tort, strict liability, product liability or otherwise. Moreover, Western States Metal Roofing is not responsible for any damages or losses sustained for any damage to you for any product or service you purchase from any third party. In any case, your sole remedy shall be a refund of our service fees or as explicitly described in any written warranty we may provide to you.

CREDIT CARD CHARGE BACKS

You agree that in the event of a dispute with Western States or about its metal products you will first contact Western States and describe that problem or defect so that Western States can attempt to resolve the problem or defect claim prior to requesting a chargeback from your applicable credit card service. By purchasing our metal products you understand and agree that Western States is not a credit card company and does not provide “chargeback” services for our customers.  If you charge back a credit card charge for a payment initiated by you, you agree that Western States may recover the amount of the charge back as well as any and all fees incurred by the chargeback action by any means necessary.  Furthermore, if you initiate a chargeback of a credit card charge initiated by you, you will void any warranty we may have provided you.

Entire Agreement. The Order and this Agreement shall be the entire agreement between the parties on the subject matter of specifications, warranties, disclaimers and limitations of liability as to the metal products and the instructional video. Neither party is relying on a representation not set forth herein. Any prior understanding or agreement on the subject matter is hereby superseded.

Modification. This agreement can only be modified by a signed, written agreement of the parties.

Governing Law, Venue,  and Jurisdiction   Any dispute relating to the formation of this Agreement or dispute arising out of it shall be governed by Arizona law with venue and jurisdiction in Maricopa County Arizona.

Arbitration. Any dispute arising from this Agreement or its subject matter which cannot be settled amicably shall be finally settled by binding arbitration according to the Commercial Rules of the American Arbitration Association (“AAA”) in Phoenix Arizona. The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in Arizona.

Attorney Fees. In any dispute arising from this Agreement which proceeds to arbitration or litigation, the prevailing Party shall be entitled to reimbursement for reasonable attorneys fees and related expenses including, if applicable, expert witness fees.

Acceptance of Agreement.  You, the Customer, may sign and enter into this Agreement in person, via DocuSign, exchanged email signatures, by checking “I agree” in the place provided online, or by signing the order confirmation which shall be subject to this agreement.