INSTALLATION AND SALE AGREEMENT

9. Payment Terms

• A deposit of 10% (minimum, not to exceed 20%) is required to enter your order into ISBC’s system.

• A 50% progress payment is due at the time of manufacturing. (Note: credit cards cannot be used for manufacturing payments.)

• 25% is due upon arrival on the installation date.

• The final 25% is due upon completion of installation. Accepted methods of payment include cash, check, or credit card.

• A 3% convenience fee applies to all credit card payments.

• ISBC reserves the right, at its sole discretion, to require additional deposits or modified payment schedules.

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10. Refunds and Cancellations

a. Post-Manufacturing Cancellations:

• Once manufacturing has begun, orders may not be canceled.

• If a job is canceled on-site or after manufacturing has started, a 50% cancellation fee will be due immediately.

b. Pre-Manufacturing Cancellations:

• If an order is canceled before manufacturing, Deposits are refundable if the building permit is denied by the county. Icon Steel  will refund the deposit amount, minus any transaction fees and any plan fees incurred, upon receipt of a denial letter from the county.

• If permit was approved the deposit is non refundable. 

• Deposits are non refundable as the deposits cover engineered drawings. 

• If no drawings have been provided Refunds will incur a transaction fee equal to the greater of $50 or 25% of the deposit.

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11. Prices, Payments, and Risk of Loss

a. Late Payments:

• Any unpaid balance will accrue interest at 12% per annum or the maximum allowed by law, whichever is higher.

b. Breach of Agreement:

• Failure to pay when due or to cooperate with ISBC’s performance obligations constitutes a breach by the Customer.

c. NSF Checks:

• Returned checks (NSF) will incur a $50 service charge and any additional costs allowed by law.

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12. Delivery and Inspection

a. Delivery Scheduling:

• Shipping and installation dates are estimates only, based on ISBC’s current engineering and manufacturing capacity.

• Dates are approximate and computed from the date ISBC enters the order into its system.

• Scheduling depends on ISBC’s receipt of required documents, deposits, and approvals.

b. Delays Beyond ISBC’s Control:

• ISBC is not liable for delays due to weather, natural disasters, strikes, accidents, transportation disruptions, government actions, or other events beyond ISBC’s control.

c. Customer Delays:

• If shipment or performance is delayed at the Customer’s request or fault, ISBC may:

  • Hold the goods at the Customer’s risk and expense, or

  • Require immediate shipment.

• Full and final payment will be due within 30 days of notification that goods are ready for shipment.

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13. Limited Warranty

a. Certified Units:

• 20-year limited warranty against rust-through on framing material.

• 1-year manufacturer’s warranty for workmanship defects from the date of installation.

• 40 Year Roof Warranty and 40 Year Wall Warranty 50 Year Structural Warranty

b. Non-Certified Units:

• 30-day limited warranty only.

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14. Warranty Disclaimer

There are no warranties beyond those stated herein. All other warranties, express or implied—including merchantability or fitness for a particular purpose—are expressly disclaimed.

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15. Exclusive Remedy

The Customer’s sole and exclusive remedy shall be limited to the repair or replacement of nonconforming goods, provided ISBC is notified in writing within the warranty period.

• ISBC’s liability will not exceed the purchase price of the goods.

• This remedy will not fail its essential purpose so long as ISBC is willing and able to repair or replace defective parts.

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16. Limitation of Liability

• ISBC’s maximum liability, whether arising from breach of contract, warranty, negligence, strict liability, or other tort, is limited to the purchase price of the goods.

• ISBC will not be liable for incidental, indirect, consequential, special, or exemplary damages, including but not limited to lost profits, lost revenues, or labor charges.

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17. Warranty Limitations

• Warranties extend only to the original purchaser.

• Installation of ceiling fans on the structure voids all warranties.

• Any modification, addition, or alteration without ISBC’s written approval voids the warranty.

• Self-installation voids all warranties. Only ISBC-trained crews are authorized installers.

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18. Claims Procedure

• Claims must be submitted in writing within 30 days of discovering the defect to:

  Icon Steel Buildings Company
  801 Northpoint Parkway, #116
  West Palm Beach, FL 33407

• Claims must include:

  • Description of the defect

  • Proof of purchase

  • Installation address

• ISBC must be given the opportunity to inspect the defect within 14 days. No repairs may begin prior to inspection, or the warranty may be void.

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19. Custom Designs and Intellectual Property

If goods delivered include custom designs, ISBC retains all rights, title, and interest worldwide, including all intellectual property rights. The Customer hereby assigns any rights they may have in such designs to ISBC.

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20. Governing Law

This Agreement is governed by the laws of the State of Florida.
The parties consent to jurisdiction in the courts of Palm Beach County, Florida and waive any rights to request venue elsewhere.

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21. Mandatory Arbitration

• All disputes shall be resolved by binding arbitration in Palm Beach County, Florida.

• Arbitration shall be conducted under the Comprehensive Arbitration Rules and Procedures (including Expedited Procedures).

• Judgment on the award may be entered in any court with jurisdiction.

• Either party may seek provisional remedies from a court if necessary to aid arbitration.

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22. Arbitration Costs and Attorney’s Fees

The unsuccessful party in arbitration shall bear all arbitration costs, court costs, and reasonable attorney’s fees, as determined by the arbitrator.

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23. Social Media Policy

The Customer agrees not to post false, misleading, or defamatory statements regarding ISBC or its services.
The Customer grants ISBC permission to use photographs and videos of the installed structure for marketing, social media, and website purposes.

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24. Entire Agreement

This Agreement, including any order forms, exhibits, invoices, and amendments, constitutes the entire agreement between the parties.

• It supersedes all prior oral or written agreements.

• Amendments may only be made by a written instrument signed by both ISBC and the Customer.

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25. Headings

Headings are for reference only and do not modify or limit any provisions of this Agreement.

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26. Severability

If any provision of this Agreement is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

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27. Waiver

No waiver by either party shall be effective unless in writing and signed by the waiving party. Failure to enforce any provision does not constitute a waiver of future enforcement.