Terms and Conditions
Last Updated on April 2023
1.1. “Sales Confirmation”– includes bid and quote forms, sales quotation, sales confirmation, estimates, invoices, scope of work agreements, authorization to work agreements, subcontract agreements, any attachments, schedules, addenda, or exhibits, and all documents incorporated by reference.
1.2. “Agreement”—means these Terms and Conditions plus the Sales Confirmation.
1.3. “Company” – means Seven Peaks Construction, LLC dba Seven Peaks Fence and Barn and Seven Peaks Fence And Barn LLC
1.4. “Customer”–means any individual, entity, or partnership that purchases any Product from the Company.
1.5. “Default”–includes, but is not limited to, failure to make timely payments, breach of an Agreement, or failure to abide by these Terms and Conditions.
1.6. “Issue”– means a dispute, controversy, or claim arising out of or related to an Agreement.
1.7. “Product”– includes, but is not limited to, horse panels, stall kits, round pens, continuous fence, gates, and hardware such as continuous fence clips, hex head self-drilling screws, panel clamps, plastic caps, and hinge sets.
1.8. “Parties”– includes Customer and the Company regarding dispute resolution procedures listed in Section 5 below.
(a) These Terms and Conditions of sale (these "Terms") are the only terms that govern the sale of the products ("Products") by the Company to the Customer. Notwithstanding anything herein to the contrary, these Terms supersede additional or different terms contained in any Sales Confirmation, subcontract, and other documents or communications.
(b) The accompanying quotation, confirmation of sale, invoice, bid, quote, estimate forms, scope of work agreements, subcontract agreements or purchase order (the "Sales Confirmation") and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
(a) All purchases by Customer, whether made online, in person, or over the phone, of any items manufactured or sold by Company are expressly limited to and conditioned upon the Customer’s acceptance of these Terms.
(b) Furthermore, the Company conditions its acceptance for orders upon credit approval, as discussed below.
(c) Customer’s acknowledgment of any of the Company’s estimate, or acceptance or payment for, all or any, Product delivered or installed, or any service provided, is conclusive evidence of Customer’s assent to these Terms.
(d) Website. Please read the terms carefully before using the Company website (the Website). By using the Website, the Customer accepts and agrees to be bound and abide by these Terms. Customer must not access or use the Website if they do not agree to these Terms.
4. Intellectual Property Rights.
(a) All designs are copyrighted and are solely owned by the Company. No use, reconstruction, modification, or enhancement in whole or in part is permitted without written permission and consent from the Company. Any unauthorized usage, including, but not limited to, solicitation is strictly prohibited and subject to usage fees, damages, reasonable attorney fees, and costs, and accrue at an interest rate of 10% per annum.
(b) The Website and its entire contents, features, and functionality are owned by the Company, its licensors, or other providers of such material. These Terms permit the Customer to use the Website for personal use and for legitimate business purposes relating to the user’s role as a potential or current Customer of the Company.
(a) The Customer acknowledges and understands what the Products are and their intended use. The Company relies on the Customer to make judgements as to the suitability of products being purchased and not the expertise of the Company or representative of Company.
(b) Notwithstanding anything to the contrary contained in this Agreement, Company may, from time to time change the Products without the consent of Customer provided that such changes do not materially affect the nature or scope of the products, or the fees or any performance dates set forth in the Sales Confirmation.
(c) The Customer acknowledges that livestock and other animals and activities such as horseback riding, horses, and horse related activities are inherently dangerous and can cause injuries to the Customer, third-parties, and the animals themselves. This may lead to serious personal injuries, death, or property damage (including that of the animal). The Company is not responsible for any such injuries and damages associated to the use of Company’s products and the nature and behavior of animals, regardless of the caution of care taken by the Customer.
6. Missing or Damaged Products.
Any and all missing Products or shortage thereof must be reported prior to Customer removing Product from the Company’s premises or upon delivery of Product. Company is not responsible for damaged or missing Product after it leaves Company’s premises. Risk of loss, or damage to, or destruction of the Product passes to the Customer at the time of purchase.
(a) The Products will be delivered within a reasonable time after the receipt of Customer’s purchase order, subject to availability of finished goods.
(b) Company will not be liable to Customer or any other person for any delays, loss, or damage in transit nor any loss or damage which results from delay or failure to deliver all or part of the products covered in the Sales Confirmation.
The Company reserves the right to photograph installations upon reasonable notice to Customer. The Company is also permitted to feature the photographs of the installations for future marketing efforts.
Payment in full is due and payable by Customer at the time of order.
The price quoted in the Sales Confirmation supersedes any price list or verbal quotation. The Company is not responsible for any costs related to site preparation, permits, or installation of Products.
(a) Customer acknowledges and understands that all sales are final. However, Customer may cancel an order up to one (1) day prior to pick up or delivery.
(b) Proper cancellation of an order shall result in the reimbursement of the full invoice amount subject to a 25% restocking fee, if applicable. Customer agrees to pay Company the 25% restocking fee if Products were organized from Company’s warehouse/container inventory and readied for shipment and/or delivery.
(c) No cancellations after one (1) day prior to pickup or delivery date shall be accepted.
12. Dispute Negotiation.
Customer shall attempt in good faith to promptly negotiate and resolve any dispute arising out of, or relating to, these Terms or any Agreement between Customer and the Company. This Dispute Negotiation clause shall not preclude any party from filing a statutory construction lien or any other lien appropriate under the law.
(a) The Company disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. In no event will the Company be liable for incidental or consequential damages, whether based on breach of express or implied warranty, breach of contract, tort (including negligence), strict liability, or any other legal theory.
(b) Use of Products - Customer shall comply with the Product specifications for installation and use. The Company is not liable for personal injury, loss of life, or property damage due to Customer’s alterations or misuse. Customer acknowledges and accepts the risk with alterations or misuse of Product.
(a) These Terms may not be added to, modified, superseded, or otherwise altered by the Customer, except by a written instrument signed by an authorized representative of the Company that explicitly states, “This Agreement modifies the Company’s Terms and Conditions.”
(b) These Terms may change at any time by the Company and Customer is responsible for any changes that are made.
Customer agrees to save and hold the Company harmless from any claims, demands, liabilities, costs, expenses or judgments arising in whole or in part, directly or indirectly, out of the negligence or lack of care by Customer or Customer’s customers, agents, employees, or invitees involving the use of the Product or Services supplied by the Company, including unsecured loads and incidents that may occur involving or pertaining to the Products. This indemnification shall include all costs, attorney fees, and other expenses paid or incurred by or imposed upon the Company in connection with the defense of any indemnity claim.
16. Governing Law and Jurisdiction.
Arizona law governs these Terms and Conditions regardless of conflict of law rules, except where specifically stated otherwise. Customer agrees that in the event of litigation, jurisdiction and venue is proper in Maricopa County Superior Court or the United States District Court for the District of Arizona. Customer further agrees that in the event of a dispute, the prevailing party is entitled to its attorneys’ fees and recoverable costs.
If a court, mediator, or arbitrator holds a provision of these Terms and Conditions to be unenforceable, all other provisions remain in full force.
Seven Peaks Fence And Barn