Terms and Conditions Of Sale
Definitions
- “Day” means a calendar day, excluding public holidays in the state where your Order is placed.
- “Deposit” means the deposit amount paid by you when placing your Order.
- “Difficult Terrain” means any terrain containing rock, underground systems, services, or utilities.
- “Events Outside Our Control” means acts of God, fire, flood, lightning, storms, natural disasters, explosions, national emergencies, health crises, governmental actions, acts of war, terrorist threats or acts, riots or civil unrest, revolution or insurrections, labor disputes, major traffic incidents, restraints or delays affecting carriers, unavailability of product from suppliers, telecommunications breakdowns, power outages, or other events not reasonably within our control.
- “Ground Anchor” means a device that secures our Product to the Job Site.
- “Hand Haulage Fee” means a fee for carrying our Product by hand.
- “Inspection Period” means your inspection of the Products within 90 Days of delivery or installation and/or your inspection of the performed Services within 90 Days of completion, as applicable.
- “Job Site” means the location specified on your Order.
- “Order” means any order for Products or Services placed in person, by phone, by text, or via our website.
- “Products” means all products provided by us.
- “Product Warranty” means the product warranty detailed in the Product Warranty section below.
- “Return Trip Fee” means a fee for revisiting the Job Site.
- “Revision Fee” means a fee for revisions, as detailed in the Revising or Cancelling an Order section below.
- “Services” means all services provided by us.
- “Services Warranty” means the services warranty detailed in the Services Warranty section below.
- “Texwin,” “Us,” “Our,” or “We” means Texwin Acquisition Holdings LLC and its representatives, affiliates, agents, employees, contractors, and subcontractors.
- “You” or “Your” means you and your representatives, affiliates, agents, employees, contractors, and subcontractors.
You must obtain our prior written consent if you wish to resell any of our Products or Services.
Placing an Order
You may purchase Products or Services by placing an Order with us. We may accept or decline, in whole or in part, your Order. Quotes provided by us expire on the date stated or, if not stated, 30 Days after issue. We may revise or withdraw any quote before an Order is placed.
Price and Payment Terms
Prices and payment terms for our Products or Services are specified in your Order. Prices do not include any sales, use, or other taxes, and you are responsible for paying any such amounts.
Payments made by credit or debit card will be subject to a transaction fee. Late payments will accrue interest at 2% per month or the highest rate permitted by law. You are responsible for any costs associated with collection of unpaid or overdue amounts, including attorneys’ fees and court costs.
Revising or Cancelling an Order
You may revise your Order up to 7 Days after it has been placed, provided we have not given you a scheduled delivery or installation date, by emailing support@texwin.com. Revisions made after this time may require a new delivery or installation date and will be subject to a 10% Revision Fee. If we have commenced production, delivery, or installation, we may, at our discretion, refuse to revise your Order. Any revision that reduces the value of your original Order by more than 25% may be treated as a cancellation.
You may cancel your Order up to 7 Days after it has been placed, provided we have not commenced production, delivery, or installation, by emailing support@texwin.com. If your Deposit was paid by credit card, we will refund your Deposit less a 3% credit card processing fee. After that time, and provided we have not commenced production, delivery, or installation, you may cancel your Order, but your Deposit will not be refunded. If we have commenced production, delivery, or installation, you may cancel your Order by paying all unpaid amounts owing by you to us.
We may terminate your Order with immediate effect, or suspend delivery of any Products or Services, if you (a) fail to pay any amount when due; (b) have not otherwise performed or complied with any provisions of your Order or these Terms; or (c) become insolvent, file a petition for bankruptcy, or commence proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.
Delivery and Installation
We will deliver and install the Products or perform the Services at the Job Site. Risk in, and responsibility to care for, the Products passes to you upon delivery. Title to the Products passes to you when all unpaid amounts owing by you are received by us. Unless you engage us to perform permitting or concrete services, you are solely responsible for preparing the Job Site and obtaining all necessary permits and approvals.
We will use reasonable efforts to deliver and install the Products or perform the Services in the area requested by you, provided there is a minimum 3-foot clearance around the perimeter of the Job Site and the Job Site is level, safe, and otherwise suitable. We will use reasonable efforts to deliver and install the Products or perform the Services by the date requested; however, failure to do so does not give you the right to cancel or terminate your Order or refuse to pay us. We will not deliver or install any products, materials, or other items not directly purchased from us.
If our delivery, installation, or performance is delayed because of you or unsuitable conditions at the Job Site, we will unload the Products at the Job Site and all unpaid amounts owing by you to us must be paid. We will return to the Job Site to install the Products or perform the Services once you have paid a 10% Return Trip Fee. We will not be liable for any failure or delay in performing any obligation to the extent caused by Events Outside Our Control.
We may charge you an additional 4% Hand Haulage Fee if we have to carry a Product more than 50 feet to the Job Site.
We will use reasonable efforts to install Ground Anchors if your Product includes anchoring. If we are unable to install Ground Anchors due to Difficult Terrain, you remain solely responsible for installation of such Ground Anchors. Our inability to install Ground Anchors due to Difficult Terrain does not give you the right to cancel or terminate your Order or refuse to pay us.
Inspections and Acceptance
You will be deemed to have accepted the Products and Services unless you, within the Inspection Period, reasonably determine that the Products or Services do not conform with the requirements in the Order by emailing support@texwin.com. Should we reasonably verify your claim, we will replace or repair such non-conforming Products or Services or otherwise promptly rectify the nonconformity. Except for the limited Product Warranty and Services Warranty described below, the remedies described here are your exclusive remedies for nonconforming Products and Services.
Limited Warranties
We will not be liable for a breach of either the Product Warranty or the Services Warranty unless: (a) you send an email to support@texwin.com detailing the nature of the defect during the applicable warranty period; (b) we are given a reasonable opportunity to examine the alleged defect, if requested by us; and (c) we reasonably verify your claim. All warranties are non-transferable.
Product Warranty
We offer three levels of limited warranties on our Products: (a) 1-Year General Warranty - Our Products will be free from material defects in workmanship and materials under normal use for a period of 1-year from the date of installation, and will include a 1-year leak-free guarantee, provided Your Order does not include a horizontal roof exceeding 36 feet; (b) 7-Year Roof Warranty - Our roofs will not crack, chalk, color fade, or leak under normal use for a period of 7-years from the date installation, provided Your Order includes vertical roofing and professional fastening; and (c) 10-Year Structure Warranty - Our steel framing and steel sheeting will not rust-through under normal use for a period of 10-years from the date of installation, provided Your Order is installed on concrete.
We will not be liable for a breach of the Product Warranty if: (a) the materials were provided by you or any third party; (b) you alter the Product or attach other materials to the Product; (c) the Product has been subjected to misuse, excessive external forces, negligence, accident, or Events Outside Our Control; (d) the Product is used; or (e) for normal wear and tear, corrosion, or erosion of the Product.
Subject to the restrictions above, your remedy for breach of the Product Warranty is, at our election, either: (a) repair or replacement of the Product (or the defective part); or (b) a credit or refund of the price of the Product (or the defective part).
Services Warranty
We provide a limited warranty on our Services. We warrant that the Services will be performed: (a) by qualified personnel in a professional and workmanlike manner; and (b) in accordance with generally accepted industry standards and practices. We will only be liable for a breach of this Services Warranty during the Inspection Period. Subject to the restrictions above, your remedy for breach of the Services Warranty is, at our election, either: (a) reperformance of the Services; or (b) a credit or refund of any amounts paid under the applicable Order for such nonconforming Services.
Warranty Disclaimer
Except for the limited product warranty and services warranty described above, we make no warranty whatsoever with respect to the job site or our products or services. Without limiting the foregoing: (a) we assume no responsibility and make no warranty or guarantee that our products will be free of any color, size, or other cosmetic variations; (b) we make no warranty of merchantability, warranty of fitness for a particular purpose, warranty of title, or warranty against infringement, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise; and (c) products are not intended for human habitation. Products manufactured by a third party may constitute, contain, be contained in, incorporated into, or attached to our products. For the avoidance of doubt, we make no representations or warranties with respect to any third-party product, including any warranty of merchantability, warranty of fitness for a particular purpose, warranty of title, warranty against infringement, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
Limitation of Liability
In no event will we be liable to you or any third party for any loss of use, revenue or profit or diminution in value, or for any consequential, indirect, incidental, special, exemplary, or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, including in connection with the job site, our products, the delivery or installation of our products, or our services, regardless of whether such damages were foreseeable and whether or not we had been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. in no event will our aggregate liability arising out of or related to these terms or any order, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid by you to us for the products and services under the applicable order.
Indemnification
You agree to indemnify and hold us harmless from any damages, costs, fees, fines, or other losses arising from: (a) your failure to provide accurate and complete information; (b) your failure to obtain the necessary permits or approvals for the Job Site; (c) property damage or personal injury resulting from conditions at the Job Site; (d) any damage to and/or from underground systems, services, and/or utilities; and (e) any delay caused by you or conditions at the Job Site.
Privacy
Our collection and processing of personal information is governed by our Privacy Policy, available at www.texwin.com/privacy.
Governing Law
These Terms are governed by the laws of the State of Texas, and you agree to submit to the exclusive jurisdiction of the courts of Van Zandt County, Texas.
Still Have Questions?
Let's Chat.
Whether you're curious about materials, pricing, or just
not sure where to start — our team is one click away.
Live support available:
Monday – Friday: 9:00 am – 6:00 pm CST
Saturday: 9:00 am – 3:00 pm CST