Tornado Alley Armor Terms and Conditions of Sale

Product Description and Performance Criteria

“Safe room” and “shelter” are two terms that have been used interchangeably in past FEMA publications, guidance documents, and other shelter-related materials. FEMA 320 refers to all shelters constructed to meet the FEMA criteria (whether for individuals, residences, small businesses, schools, or communities) as safe rooms. All safe room criteria in FEMA 320 meet or exceed the shelter requirements of the ICC-500.

According to FEMA, safe rooms designed and constructed in accordance with the guidance presented in FEMA 320 provide “near-absolute protection” from extreme-wind events. Near-absolute protection means that, based on the current knowledge of tornadoes and hurricanes, the occupants of a safe room built according to this guidance will have a very high probability of being protected from injury or death. Knowledge of tornadoes and hurricanes is based on substantial meteorological records as well as extensive investigations of damage from extreme winds. However, since extreme-wind events may occur or have hypothetically occurred in the past, to date a wind event exceeding the maximum design criteria in FEMA 320 has not been observed. For this reason, the protection provided by these safe rooms is called near-absolute rather than absolute.

Construction

Tornado Alley Armor LLC (TAA) warrants their safe rooms are built to exceed the safe room structural and safety requirements as specified by FEMA Standard 320/361 for safe room construction. TAA also warrants their safe room designs have been successfully tested at the Wind Science and Engineering Research Center in Lubbock Texas to the Protocol 4 performance for Tornado Missiles.

Installation

Customer acknowledges that TAA has provided them and/or their installer and with reasonable and necessary information to safely and properly install and anchor a TAA safe room. Customer acknowledges that TAA offers full customer support and professional installation advice and/or assistance as needed. Customer acknowledges that there are intrinsic risks involved with uncrating, lifting, moving, assembling, and/or handling 10 gauge steel panels. Customer who chooses self-installation accepts all liability for injuries or accidents to himself, his assistants or observers, and holds TAA harmless for any damages, injuries or deaths that may occur while assembling the safe room.

Performance

Customer acknowledges that no safe room, including those manufactured by TAA, offers absolute protection (as defined by FEMA) against extreme wind events, and holds TAA harmless for any injuries or deaths that may occur while using the safe room as a protection device against extreme wind events.

Terms of Sale

Payment

TAA advertises, sells and ships our safe rooms nationwide by way of our internet website. Hence, to maintain continuity and consistency with our internet sales policy, all orders are prepaid in full prior to shipment or delivery. Tornado Alley Armor LLC (TAA) accepts cash, PayPal, Visa, MasterCard, Discover, checks (may be required to clear before shipment), money orders, wire transfers, or arranged financing terms through our approved lenders. The sales transaction is final and complete when you remit payment to begin fabrication of your unit, NOT when the safe room leaves our facility for delivery. Cancellation is not allowed after payment is remitted and the fabrication order has been submitted for production. ALL SALES ARE FINAL WHEN PAYMENT IS REMITTED.

Cancellation

Cancellation of the sale after payment is remitted is strictly prohibited. A sale may be, at the sole discretion of TAA, considered for cancellation contingent upon the purchaser paying TAA for all costs incurred while acting to fulfill the sale, typically to the date of the cancellation request. These costs may include, but are not limited to, engineering work, fabrication time of custom orders, expedited production service fees, specialty parts purchased, credit card fees incurred for the purchase and/or refund transactions of any portion of the original purchase price, and other costs specific to the sale. The minimum charge to the customer for cancelled orders is 15% of the safe room price or the actual costs incurred, whichever is greater. The cancellation charge will be deducted from any refund or credit card dispute granted to the purchaser whether the cancellation is approved by TAA or not.

Stock items

Stock items are products that we normally have in stock and are usually available for immediate shipment after payment is arranged. At times, we may be out of stock items and will let you know at time of order. Stock items are typically accessories. Safe rooms are fabricated to order and are typically not in stock.

Special order items

Special order items and large quantity orders require a 50% deposit at time of order and the balance due before shipping. Please notify TAA if you would like a proof picture of your special order items e-mailed to you before arranging the balance due.

Back orders

If we are out of stock on an item, we may back order the item and ship it when we have stock or we may hold and ship complete – at the discretion of the customer. The projected ship date will be given at the time of order and you will be notified of any changes to the projected ship date.

Shipping terms

Shipping charges apply to all orders and are calculated from Tulsa, Oklahoma. Alternate shippers may be arranged or requested, however we constantly monitor dozens of shippers and use the most cost effective carriers to meet our customers’ needs. If you have a preferred motor freight carrier, please state your preference at time of order. We will strive to do everything possible to ensure that your product arrives on time and in excellent condition.

All products are shipped FOB SHIPPING POINT, with the freight costs and handling fees paid for by TAA and charged to you on your invoice.

You will be quoted a freight charge before your credit card is charged or your order processed.

The condition of the freight, pallet and crating is photographed prior to loading on the LTL carrier.

Freight quotes will be for residential lift gate delivery – product delivered in the box (or on the skid) to the curbside of your residence or place of business. If you need other than residential lift gate service , – i.e. you have a dock or forklift at your location – you must let us know when placing your order so that we properly quote you a price and alert the driver to the requirements.

For most shipments, TAA uses Globaltranz, one of the leading providers of freight forwarding services in the industry. Their proprietary software compiles quotes from all major LTL carriers, allowing us to pick the most cost effective shipping solution for you. Because all shipments are FOB SHIPPING POINT, RESPONSIBILITY OF THE PRODUCT TRANSFERS TO YOU WHEN IT LEAVES OUR WAREHOUSE. This means the product is your property, and you must carefully inspect the shipment for damages or shortages when you receive it. Please refer to Receiving Your Order for detailed information on receiving freight.

When possible, TAA will assist you if a claim must be filed, but we are not responsible for damage claims or compensation. Please be aware that if you receive a damaged shipment and refuse to take delivery, it does not shift the responsibility back to us by doing so. Your damage claim is against the LTL carrier. Your merchandise will simply return to the freight carrier’s dock and remain in their possession until the claim is resolved, so carefully consider before refusing to allow the shipment to be unloaded. If you have any questions at any time in the process, please do not hesitate to contact us.

Receiving your order

Ordering the right product for your application is important; properly receiving the product is critical to your satisfaction. Your order from TAA has shipped FOB – Shipping Point meaning the responsibility of the material transferred to you at the time it was loaded on the truck. It is your responsibility to inspect the shipment for damage and to make sure that you received all the merchandise you ordered – please do not overlook this very important step in the process. f you received a shipment that is short or is damaged, it is your responsibility to file a claim with the carrier. Here are some guidelines to help you check in a freight shipment.

1. Always Count Your Freight. Do not rely on the driver’s count or on a skid count, and do not be rushed into signing for something that you have not counted and inspected.

2. Always sign and mark the delivery receipt for the actual number of pieces you received. If there is a correction of correct count, count again (and again if necessary) until it is right or an exception is agreed upon and noted.

3. Sign your full name (no initials) and the date it was received.

4. Inspect all components for visible damage and note any damage on the carrier’s delivery receipt. Make sure the driver also signs and attests to the exception before you sign for the shipment.

a. Identify clearly and concisely the item(s) that is short or damaged.

b. If a shipping container shows external damage, open the container and note any damage on the delivery receipt. Also have the driver sign on the delivery receipt that the material is damaged. Do not discard the container as you may need it as proof of claim later on.

c. Signing for freight as “Received subject to inspection” will not improve your position on a claim statement.

d. Whenever possible, take pictures of the damaged merchandise, including packaging.

e. If a shipment is damaged to the point of worthlessness, you can refuse the shipment. If you decide to retain the merchandise, do not destroy or discard the damaged merchandise; if you discard the merchandise, the carrier is not responsible to pay your claim because you have destroyed their right to take the material to salvage. If the carrier takes the damaged merchandise, they must pay the claim.

f. If you discover concealed damage after the driver has left, minimize the physical movement of the container or product from its original delivery location. All carriers will deny any settlement for concealed damage if there is evidence that the product has been used after the deliver.

1. In a case of concealed damaged, call the carrier immediately, take photographs and insist on prompt carrier or agent inspection. Keep written records of time and date of inspection request and any calls to the carrier regarding the claim.

5. If cartons are open or re-taped in a fashion to indicate they may have been tampered with after the factory shipped them, a joint inventory by you and the driver is strongly recommended.

6. You are liable for damage under the Interstate Commerce Act if the above points are not followed.

The most important thing to remember when receiving freight is to note any problems on the delivery receipt while the driver or delivery person is still there and have the driver sign. Following the above guidelines will help with the disposition of any freight claims that may arise on your shipments. Failing to follow these guidelines will make collecting from a carrier much more difficult. While most shipments will arrive in good condition and ready to use or install, following these rules when receiving any shipments will help to process any claims you may have.

Return Policy

Returns are not accepted and refunds are not considered without a company-issued RMA, which are issued solely at our discretion. Contact TAA before attempting to return any merchandise for refund or replacement. Tornado Alley Armor LLC will repair or replace any defective parts for up to one year from the date of shipping. Beyond this date, we will gladly repair or replace any damaged part for a reasonable cost. We do not accept returns beyond 7 days of the purchase date. Customer is responsible for all return crating and shipping costs, restocking fees, and any missing or damaged parts. Any refunds that may be issued will occur after merchandise is received at our warehouse with the required RMA paperwork and inspected for damaged and/or missing parts. The cost of damaged and/or missing parts will be deducted from the amount of the refund issued, if any.

Limited Liability Warranty

Tornado Alley Armor LLC (TAA) warrants our mechanical products against manufacturing defects for a period of one year. This warranty is limited to repair or replacing defective parts at our sole discretion.

What this warranty includes: Repair or replacement of any item within the specified warranty time that is shown to have been manufactured with a defect that was not apparent at time of manufacture or purchase.

What this warranty does not include: Any loss or damage to parts after they leave our factory.

What you, the purchaser, can do to protect your purchase: It is the responsibility of the purchaser to inspect and test any and all parts immediately after taking possession of them. This will not only protect the end user, it will protect the purchaser in the event that warranty service is necessary. Retain all the paperwork, especially the user manual and the invoice for the life of the part.

What you need to do in the event of a problem with your purchase: Notify us immediately. We have the knowledge, tools, and parts to fix your problem. Do not wait to notify us. Do not notify any of our dealers, agents, or anyone claiming to represent TAA. Contact information is at the bottom of this document.

What we will do in the event of a problem with your purchase: We will first try and determine the extent of the problem and what will repair it. We will offer to ship replacement parts if we deem that the problem is easily repaired. Do not try and repair any part without factory authorization. In the event that replacement parts do not repair the problem, you will have to ship the parts to the factory for testing and repair. Do not ship any parts back without prior authorization. If you have any questions about this warranty, please contact Tornado Alley Armor LLC.

Privacy Policy

TAA respects your privacy and understands that our product line is one that our customers require discretion about their purchases and private information. Across our business, we will only collect, store and use your personal information for defined purposes. We use your information to support and enhance our relationship with you, for example, to process your purchase, provide service and support, and share product, service and company news and offerings with you. We do not sell your personal information. We only share your personal data outside of TAA with your consent, as required by law or to protect TAA, its customers, or the public, or with companies that help TAA fulfill its obligations with you, and then only with partners who share TAA’s commitment to protecting your privacy and data. At any time you may contact TAA with any privacy questions or concerns you may have. You also may ask at any time to see the personal data you have given us and request correction or deletion. We strive to protect the security of your personal data by use of appropriate measures and processes.

Privacy and Data Security

At TAA, your right to privacy and data security is a primary concern. That’s why, when you visit our websites, we help you maintain control over your personal data on the Internet. Below are the guidelines we use for protecting the information you provide us during a visit to our Internet site. TAA’s Privacy statement discloses the privacy guidelines for TAA.

TAA only asks for specific types of personal information

In a few areas on our websites, we ask you to provide information that will enable us to enhance your site visit, to assist you with purchase and technical support issues or to follow up with you after your visit.

Information we may request includes your name, e-mail address, phone number, address, type of business, credit card details, customer preference information and customer number, as well as other similar personal information.

TAA only uses your personal information for specific purposes

The information you provide will be kept confidential and used to support your customer relationship with TAA. TAA may be required to disclose personal information in connection with law enforcement, fraud prevention, regulation, and other legal action or if TAA reasonably believes it is necessary to do so to protect TAA, its customers, or the public.

TAA will not disclose your personal information to any outside organization for its use in marketing without your consent

Information regarding you (such as name, address and phone number) or your order and the products you purchase will not be given or sold to any outside organization for its use in marketing or solicitation without your consent.

Third-Party Sites

Please be aware that other web sites that may be accessed through our site may collect personally identifiable information about you. The information practices of those third-party web sites linked to our websites are not covered by this privacy statement. You are solely responsible for maintaining the secrecy of your passwords or any account information. Please be careful and responsible whenever you’re online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your personal information, TAA cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Other Web sites

TAA’s websites contains links to other websites that are not operated by TAA. TAA is not responsible for the privacy practices of the Web sites that it does not operate.