General Terms & Conditions & Warranty

Proposal: The included proposal is valid for 30 days from the date first set forth above. After 30 days we reserve the right to increase prices due to the rise in costs of raw material, fuel, or other cost increases. When applicable, GNB Global Inc. reserves the right to implement a surcharge for significant increases in raw materials, including the following, but not limited to, fuel, steel, and fabric. Due to the duration of time between proposals, contracts, and final installation, GNB Global Inc. reserves the right to implement this surcharge when applicable.
Purchase: By executing this Proposal or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by reference) which is accepted by the GNB Global Inc. (the “Company”), the purchaser identified in the Proposal agrees to purchase the GNB Global Inc. brand structures (“Structures”) and the services to be provided by the Company, as detailed in the “Structure Pricing” and “General Scope of the Work” sections of this agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures (the ultimate owner of a Structure, whether Purchaser or a third-party, being the “Owner”).
Short Ship Claims: Purchaser has 15 days from receipt of the Structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time.
Standard Exclusions: Unless specifically included under “General Scope of the Work” section above, this agreement does not include, and Company will not provide Services, labor or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; (d) repair of concealed underground utilities not located on prints, supplied to Company by Owner during the bidding process, or physically staked out by Owner, and which are damaged during construction; or (e) repair of damage to existing surfaces that could occur when construction equipment and vehicles are being used in the normal course of construction.

Additional exclusions include: (a) any airport-specific permits, crane operation limitations, height restrictions etc., (b) any airport-related special safety training for crew or supplier, subcontractors, (c) storage and laydown area fencing etc., (d) any cost-related to background checks and site specific requirements, (e) any costs of federal, state or local taxes and any costs for permits, energy analysis and local engineering stamps, electrical or mechanical drawings that may be required by local officials, (f) electrical connections for accessories including doors, lights, etc., (g) bonding, (h) any site preparation, site access, fencing, restoration of grounds, site services, utilities (to be brought on site by others and clearly marked), (i) any foundation or footings. (It will be the client’s responsibility to coordinate foundation design with GNB to ensure that rebar will not interfere with installation of anchor bolts. If on-site core drilling is required due to the presence of rebar in tarmac, client will be responsible for core drilling costs.), (j) any demobilization and remobilization costs relating to other sub-trades and/or delays to site access, (k) any additional costs related by personnel and/or traffic to access site/security clearance, (l) a watertight perimeter when installing buildings on existing asphalt or concrete surfaces that have not been designed and engineered specifically for the GNB GLOBAL INC. building with proper landscape grading, (m) where existing surfaces cannot support construction equipment – materials, labor and equipment to prepare site for protection have not been allowed for. (n) any cleaning of exterior or interior fabric upon project completion, (p) any construction of items not listed in scope above including but not limited to: electrical, mechanical, lighting, exterior lighting, plumbing, general contracting services, (q) any penetrations by other sub-trades, (r) any site security or site fire protection, (s) site survey, (t) electrical connections for accessories, (u) any safety items not specifically related to OSHA or CCOHS (for projects located in Canada) manpower protection issues including, but not limited, to safety netting and the like, (v) engineering inspections and “As Built” drawings, (w) union interaction including but not limited to negotiations, contracting, and employment or dispute resolution.
Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner:
“The manufacturer’s warranty for the GNB Global Inc. structures is a separate document between GNB Global Inc. and the ultimate owner of the GNB Global Inc. structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by GNB Global Inc. Due to surety requirements, any performance and/or payment bond will cover only the first year of the GNB Global Inc. warranty.”
Insurance Requirements: Company is not required to provide any insurance coverage more than Company’s standard insurance. A copy of the Company’s standard insurance is available for your review prior to acceptance of the Company’s quote. Builder’s risk is not included and as such GNB Global Inc. requires to be named as additional insured on the Owners/Contractors Builders Risk Policy and GNB Global Inc. will have no responsibility for any deductibles.
Payment: Terms of payment are defined in the “Payment Terms” section and are specific to this contract. For purposes of this agreement, “Completion” is defined as being the point at which the Structure is suitable for its intended use, the issue of an occupancy consent, or a final building department approval is issued, whichever occurs first. In any event where Completion cannot be completed due to delays or postponements caused by the Purchaser or Owner, final payment (less retainage, if applicable) is due within 30 days of the date when Completion was scheduled, had the delay not occurred. All payments must be made to the account or address indicated on Company invoice. If the Purchaser or Owner fails or delays in making any scheduled milestone payments, the Company may suspend the fulfillment of its obligations hereunder until such payments are made, or Company may be relieved of its obligations hereunder if payment is more than 60 calendar days past due. Company may use all remedies available to it under current laws, including but not limited to filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt.
Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens.
Site-plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings and Surveying: Site-plan approval, permits, permit fees, plans, engineering drawings and surveying are specifically excluded from this agreement and the Services unless included within the Scope of Work. The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the Scope of Work will result in an additional cost to Purchaser.
Manufacturing & Delivery: Manufacturing lead-time is dependent upon fulfillment of the Terms of Payment and when Company receives its “Notice to Proceed”. Manufacturing lead times are also subject to material availability, which is beyond Company control.
Returned Product, Deposits and/or Cancelled Order: Within the first 45 days after shipment from our facility, all returned product(s) and cancelled orders are subject to a 50% restocking fee. No returns are available following this 45-day period. All deposits are nonrefundable. All expenses incurred (engineering, site surveys, shipping, and handling, etc.) are the responsibility of the purchaser, up to notice of cancellation.
Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations Company was able to make either by visual inspection or by drawings and / or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced which were not visible at the time this proposal was bid, Company will stop work and point out these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a change order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks bigger than 4 inches in diameter or any other condition that will require additional labor, equipment and / or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment and / or materials to complete the drilling or concrete operations will require a duly approved change order before Company completes the process. Price quotes are based on a drill pier footing. Any variation will incur additional charges (i.e., spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region).
Changes in the Work: During this project, Purchaser may order changes in the work (both additions and deletions). The cost of these changes will be determined by the Company, and a change order form must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the Change Order”. Should any change order be essential to the completion of the project, and the Purchaser refuses to authorize such change order, then Company will be deemed to have performed its part of the project, and the project and Services will be terminated. Upon such termination, Company will submit a final billing to Purchaser for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage. No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser.
Warranty; Limitations of Liability:
• Company warrants that all Company-supplied labor and Services will be performed in a good and workmanlike manner.
• The warranty set forth in this Section 14 will be the Purchaser’s sole and exclusive warranty.
• The warranty set forth in this Section 14 will run from the date of performance of the service by the Company, and any warranty claims brought by Purchaser must be brought within 30 days of the date of performance of the Service giving rise to the claim.
• Purchaser’s sole remedy for a breach of the warranty set forth in this Section 14 will be the re-performance of the Services, or if that is not possible or practical, the refund of the price of the Services that breached the warranty.
• Purchaser shall notify Company in writing detailing any defects in Service for which a warranty claim is being made.
• COMPANY SHALL NOT IN ANY EVENT BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL PUNITIVE OR LIQUIDATED DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENDED CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME OR GOODWILL, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• IN NO EVENT WILL COMPANY’S LIABILITY FOR MONETARY DAMAGES UNDER THIS AGREEMENT EXCEED THE FEES PAID OR DUE AND PAYABLE FOR THE SERVICES UNDER THIS AGREEMENT (OR THE RELEVANT PURCHASE ORDER).
• EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY MAKES, AND PURCHASER RECEIVES, NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF, RELATED TO, OR UNDER THIS AGREEMENT, AND SPECIFICALLY DENIES THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. FURTHER, EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY ACKNOWLEDGES THAT THE SERVICES AND STRUCTURES PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY DOES NOT WARRANT THAT THE SERVICES OR STRUCTURES WILL MEET YOUR REQUIREMENTS OR THOSE OF THE OWNER.
• For all Structures installed by the Company, Purchaser must sign and return the “Customer Checklist and Sign-off” form to the Company within 10 business days from the construction completion date, or Company will not be held responsible for any warranties under this Section 14 or any damage to the Structure.
• The warranties for the Structures are contained in a separate document between Company and the ultimate Owner of the Structures, which will be provided to Owner at the time of completion of the work.
Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend and hold harmless the Company and its consultants, agents and employees or any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, related to the installation of the Structure or performance of the Services, provided that such claim, damage, loss or expense is attributable to bodily injury to, sickness, disease or death of a person or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 15.

Pro-rata Warranty:
• GNB Global Inc. provides a limited warranty on all GNB Global Inc. supplied labor and materials. No other warranty is implied.
• The warranty set forth shall be the purchaser’s sole and exclusive warranty and is void if structures are not paid for in full.
• The warranty is void if any changes, modifications, additions, or attachments are made to the structures without the prior written consent of GNB Global Inc.
• The warranty is void if the structures are not assembled in strict compliance with GNB Global Inc. specifications.
• The warranty will be void if regular maintenance is not performed. This is particularly critical in regions where blowing dirt/sand may cause abrasion of fabric or in corrosive environments where the accumulation of corrosive material on the base plates and structural steel may occur.
• The warranties below are effective from the date of sale, or, if assembled by GNB Global Inc., the date of construction completion.
• GNB Global Inc. reserves the right to repair or replace any item covered by this warranty.
• Purchaser shall notify GNB Global Inc. in writing, detailing any defects for which a warranty claim is being made.
• GNB Global Inc. shall not in any event be liable for indirect, special, consequential, or liquidated damages.
• GNB Global Inc. specifically denies the implied warranties of fitness for a particular purpose and merchantability.
• No signs, objects, fans, light fixtures, etc., may be hung from the structures, unless specifically engineered by GNB Global Inc. These items may interfere with the fabric, voiding the warranty.
• The warranty shall be void if damage to the steel frame or fabric top is caused by misuse, willful or intentional damage, vandalism, any Act of God (i.e., hurricane, tornado, micro/macro-burst), including, but not limited to, ice, snow, or wind more than applicable building code parameters.
• For all units assembled by GNB Global Inc. the “Customer Checklist and Sign-off” form must be signed and returned to GNB Global Inc. within 10 business days from the date of construction completion, or GNB Global Inc. will not be held responsible for any damage to the structures. The warranty will also be considered null and void until this checklist is received by GNB Global Inc.

Component Type	Spartan	Centurion
Main Steel Framework 1	30	30
End Steel Framework 2 – ESS or HSS	5	5
Main Building Cover 3 – Standard Nova Shield II^™	15	15
Main Building Cover 3a – FR Nova Shield II^™	15	15
Main Building Cover 3b – PVC 28 oz or heavier	20	20
Main Building Cover 3c – PVC 19 oz or heavier	15	15
End Enclosure 4 – With GNB Global. Inc. ESS or HSS	5	5
End Enclosure 5 – Without GNB Global Inc. ESS or HSS	1	1
Small Components 6	1	1

(1: Main trusses.2: End steel verticals.3: Non-Fr RU88X,3a: FrU88x,3b, c PVC. 4: End wall Fabric.5: No supports. 6: Hardware.)

Assembly/Installation: (If applicable)
• Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the Structure(s) is to be placed.
• Labor for the removal, assembly and/or freight charges will only be covered by Company in instances where the Structures supplied and installed by Company are determined by the Company to be defective. In all cases where Structures are not installed by Company, all labor for the removal, assembly and/or freight of the Structures will be Purchaser’s responsibility.
• Installation prices are based on a single mobilization charge. If additional mobilization is needed, there will be additional charges.
• If the requested Services require Company access to Owner’s premises Company will be provided access to the Owner’s premises free and clear of debris, automobiles, or other interference Monday thru Friday during the hours of 8am to 6pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible. All automobiles will be moved prior to Company’s crew beginning any installation.
• Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation.
• Any additional costs incurred because of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation.
Installation/Assembly on-site: Where installation/assembly is part of the Services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the Structure(s) are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools etc. that the Structure is to be assembled over must also be detailed, along with their peak heights (if applicable).
Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the Structure(s) ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post. Company can recommend or supply at additional cost, padding for posts from a third-party manufacturer.
Preparatory Work: Where installation/assembly is part of the Services and if the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a delay of order notification must be sent to Company at least four (4) working days before to allow Company to reschedule the project. If Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly.
Delegation: Subcontractors: The Services and the manufacturing and assembly of the Structures may be performed by subcontractors under appropriate agreements with the Company.
Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the Structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any acts of God, strikes, lockouts, slowdowns, wars or shortages in transportation, materials, or labor.
Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, Texas by a single arbitrator selected by the parties or by the American Arbitration Association and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof.
Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including. Without limitation any statements as to the Structures, warranties or Services provided hereunder.
No Third-Party Beneficiaries: This agreement creates no third-party rights or obligations between Company and any other person, including any Owner who is not also a purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this Agreement.
Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas.
Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns.
Materially Increased Costs: Company reserves the right to implement a surcharge for material increases in raw materials, including but not limited to fuel, fabric, and steel. Due to the duration of proposals and contracts, Company reserves the right to implement this surcharge when it determines that raw material cost increases warrant it.

General Terms & Conditions & Warranty

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