Red Sky Steel LLC (“RSS”) is an independent authorized dealer of pre-engineered steel building systems. RSS does not manufacture, fabricate, engineer, construct, or install buildings and is not a general contractor. All manufacturing, engineering, delivery, and installation services are performed exclusively by third-party manufacturers and/or their authorized contractors.
All quotes, online pricing tools, configurators, marketing materials, and verbal communications are preliminary and non-binding. A binding agreement is created only upon execution of a signed Order Agreement and acceptance by the selected manufacturer.
A non-refundable deposit in the amount specified in the signed Order Agreement (“Deposit”) is required to initiate order processing. The Deposit constitutes earned compensation for order procurement, administrative processing, manufacturer coordination, and production slot reservation. The Deposit is fully earned immediately upon execution of the signed Order Agreement. Financing approval or denial does not alter Deposit obligations unless expressly agreed in writing.
If a manufacturer rejects an order due to engineering limitations or feasibility issues, RSS may, at its sole discretion, assist in modifying specifications or transferring the order to an alternate manufacturer. Any refund of Deposit amounts is at RSS’s sole discretion and may be reduced by administrative and coordination costs incurred.
To the fullest extent permitted by law, RSS’s total liability shall not exceed the amount paid directly to RSS. RSS shall not be liable for consequential, incidental, special, punitive, or indirect damages, including but not limited to lost profits, business interruption, delay damages, loss of use, diminution of property value, or economic loss.
RSS shall not be liable for delays or failure to perform resulting from causes beyond its reasonable control, including but not limited to weather events, natural disasters, supply chain disruptions, labor shortages, manufacturer delays, freight disruptions, governmental actions, or material shortages.
Customer is solely responsible for zoning verification, HOA approval, permit acquisition, site preparation, utility marking, access clearance, and compliance with local codes. RSS does not guarantee permit approval or zoning eligibility.
No oral statements, marketing representations, or prior communications shall modify or supplement these Terms. Any modification must be in writing and signed by RSS.
Customer agrees not to initiate improper chargebacks or payment reversals for Deposits processed in accordance with the signed Order Agreement. Customer shall reimburse RSS for any fees, penalties, administrative costs, and reasonable attorney’s fees incurred due to improper payment disputes.
All product warranties are issued solely by the manufacturer. RSS makes no independent express or implied warranties, including warranties of merchantability or fitness for a particular purpose.
Any dispute arising out of or relating to this Agreement shall be resolved by binding individual arbitration administered in Arizona. The parties waive the right to a jury trial and agree that no class or collective actions shall be permitted. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
This Agreement shall be governed by the laws of the State of Arizona.
These Terms & Conditions, together with the Refund Policy, Manufacturer Disclaimer, Delivery & Site Responsibility Policy, Quote Terms & Disclosure, and Order Agreement, constitute the entire agreement between the parties and supersede prior communications.
