Standard Terms and Conditions
Payment Terms – Falcon Structures requires receipt of 50% of the total cost of the project to release the project to production. The final payment is due upon completion of production. The project will not be released for delivery until all funds have been received.
Credit Terms – Credit terms must be approved by Falcon Structures in advance and will depend on a credit check. Falcon Structures is a vendor and as such expects to be paid when an invoice is submitted. We do not agree to being paid when the customer is paid unless expressly agreed in writing in advance. Also, as a vendor and not a subcontractor, we do not agree to have any of the payment due to us held as a retainage unless expressly agreed in writing in advance.
Schedule – Falcon Structures will make its best effort to complete all work by the dates proposed but many factors, including weather, material availability, customer approvals, and regulatory limits, may affect production schedules. Falcon Structures cannot be held liable for production delays. Falcon Structures will communicate as early as practicable if a delay is anticipated or known. Customers are required to respond within one business day to any requests for approval or information. If the customer delays responding past one business day the project completion date may be delayed.
Warranty – Falcon Structures warrants that the products it produces will be free from defects in material and workmanship for a period of one year following completion of production. Falcon Structures’ liability shall be limited to the replacement of defective parts FOB manufacturing plant. The customer is responsible for shipping the defective product(s) and/or containers to and from Falcon Structure’s facility at their own expense. Falcon Structures warrants that the containers will be produced in general compliance with the approved work instructions, but Falcon Structures reserves the right to make adjustments as necessary to best suit the needs of the project. Falcon Structures’ does not warrant equipment which is not manufactured by Falcon Structures except to the extent of the warranty Falcon Structures may receive from the manufacturer.
Returns – Any containers returned to Falcon Structures for any reason may be subject to as much as a 100% restocking fee depending on the level of customization of the container. Delivery fees are not refundable.
Limitation of Liability - Falcon Structures’ maximum liability shall not exceed the total value of the contract to purchase goods and/or services.
Liquidated Damages – Falcon Structures does not accept liquidated damages unless expressly agreed to in writing before accepting a contract or purchase order.
Credit Card Fee - Falcon Structures accepts credit cards as a form of payment but in all cases a 2.5% fee will apply.
Sales Tax – Falcon Structures collects all applicable sales and use taxes unless the customer provides acceptable documentation or assumes liability in writing to pay applicable taxes.
Storage Fee – Falcon Structures may, at its sole discretion, charge a storage fee for any containers not shipped from our facility within 30 days after project completion. The storage fee will not exceed $10 per day per container. Any accumulated storage fees must be paid before a container is released for shipment.
Container Condition – All shipping containers are used. One Trip containers typically have made a single overseas trip carrying cargo but may still have damage or cosmetic blemishes. Type 2 used containers typically have been used for shipping goods overseas for 10-12 years and can have significant damage and cosmetic blemishes.
Projects requiring permits and compliance with zoning regulations – The customer—not Falcon Structures—is responsible for adherence to any permitting or zoning requirements.
Delivery – Unless otherwise agreed, the customer is responsible for removing containers from delivery vehicles. Any special transportation or delivery requirements must be identified to Falcon Structures before a purchase order is accepted.
Changes – Any changes to the project after a purchase order or contract has been accepted may require a price and schedule change.
Customer Furnished Material – Falcon Structures will not be held responsible for any materials provided by the customer to Falcon Structures to be used for the project. If customer furnished material is required for Falcon Structures to complete a project, the customer must ensure that the materials are delivered on time and with all documentation necessary for Falcon Structures to properly use the material to complete the project. Any delays in delivery of customer furnished materials may adversely affect the project schedule.
Quality Inspections – Any requirements to inspect work in progress or completed work at Falcon Structures must be agreed in advance in writing and may incur a price increase.
Deliverables – The modified containers are the only deliverables required to satisfy the purchase order or contract’s requirements unless agreed to in advance in writing by Falcon Structures. We do not normally supply operation and maintenance manuals but will provide all third-party manuals for all components installed in a container that have manuals.
Limitation of agreement – The purchase order or contract constitutes the entirety of the agreement between the customer and Falcon Structures and supersedes any communications, verbal and/or written, with respect to the subject of the agreement. All changes to the agreement must be in writing and signed by both parties.