Terms & Conditions

TERMS AND CONDITIONS OF SALE

Last update: Feb 18, 2025

Terms Control/Rejection of Conflicting Terms. All sales are governed by these terms, and by placing an order, submitting payment, or providing Seller with a Purchase Order, Buyer agrees to these terms. Seller’s offer to sell Buyer the Goods is conditioned on this acceptance. All other terms are rejected, including any terms included on any Purchase Orders from Buyer to Seller.
Payment Terms. Unless otherwise agreed in writing by Seller and Buyer, all orders shall be prepaid in full before Seller ships any product subject to these Terms and Conditions (the “Goods”). If the Buyer pays by check other than a cashier’s check, Seller reserves the right to delay shipment to allow for confirmation that the subject payment has cleared and that funds have been deposited in Seller’s account.
Taxes. Prices do not include sales, use, VAT, excise and other taxes or governmental charges with respect to the production, sale, distribution or delivery of the Goods. The final invoice amount includes all applicable taxes or governmental charges. Seller is responsible for proper remittance of all such taxes or governmental charges.
Shipping. Unless otherwise agreed in writing by Seller and buyer, shipment terms are F.O.B. Origin, Freight Prepaid and Add. Shipments and Transit times are not guaranteed. If a shipment is received and signed off on at time of delivery without special notes on the bill of lading stating otherwise, we assume the product was delivered in full and in good condition. Choice of carrier shall be in Seller’s sole discretion.
Returns/Cancellations. Contact your Sales Representative to fill out a Return of Merchandise Authorization form. American Tent will not accept any of the goods except under certain circumstances as set forth by an authorized RMA. The returned merchandise must be in undamaged and unused condition. Returning an item will result in a 25% restocking fee. You will be responsible for all freight charges associated with the return.
There are no returns or exchanges on custom made to order merchandise. This includes without limitation:
1. Custom printed products
2. Non-standardized made to order products
3. Sidewalls with doors
Orders for Goods may be canceled at any time prior to pick up or shipment from Seller’s facility; provided, however, that any such cancellation shall result in a restocking fee of twenty-five percent (25%) of the original purchase price of the cancelled Order for having reserved a spot on our production schedule. This applies even for those orders that are via PO. Orders for custom made-to-order merchandise cannot be cancelled after Seller commences fabrication of such jobs. For more information on returns, see below.
Force Majeure. Seller will not be liable for any delay of its performance hereunder if the delay is directly or indirectly caused by or arises from fires, floods, terrorism, accidents, pandemic, epidemic, riots, war, government restriction, embargoes, strikes, shortage of labor, materials or supplies, inadequate transportation facilities or any other cause beyond Seller’s control.
Warranty. All tents are sold as is, and no warranties are given. All warranties, whether direct or indirect, express or implied, statutory or otherwise, are expressly disclaimed.
Damages. Any damages that occur as a result of improperly ballasted, staked or installed, or installed not in accordance with Seller’s instructions are the sole responsibility of the Buyer. Buyer acknowledges that all tents must be ballasted, staked, erected or installed per the recommendations made by, and any instructions provided by, Seller. Seller will not be responsible for any personal injury, property damage or financial loss arising out of, or relating in any way, to a failure by Buyer to ballast, stake, erect or otherwise install a tent in compliance with Seller’s recommendations or instructions.
Commitment to Cure. We are committed to our workmanship and our customers. We will make right any issues with the tent top and/or parts prior to their initial use. Customers must bring any and all issues to our attention within 14 days of receipt of goods. We cannot honor requests for cure after 14 days of receipt.
Limitation of Damages. Seller shall not be liable for indirect, incidental, consequential, exemplary or punitive damages resulting from or arising in connection with any act or omission of Seller relating to any breach of these Terms and Conditions or relating in any way to the design, manufacture, delivery or use of the Goods. Seller’s liability, regardless of grounds, shall be limited to the amount paid by Buyer for the Goods.
Limitation of Actions. Any statute of limitations notwithstanding, no claim shall be filed or brought against Seller for any breach of these terms and conditions after two (2) years of the date Buyer receives the Goods.
Installation and Service. Seller shall not be required to install, service or provide any on-site preparation or installation of any of the Goods. If Seller provides instruction to Buyer generally or specifically regarding any methods of installation, such instruction is gratuitous and is not to be considered a part of these Terms and Conditions.
Nature of Goods as Temporary Structures. Each of the Goods constitutes a temporary structure or part of a temporary structure that is not intended to meet any building or other codes. Buyer uses the Goods at his/her/its sole risk.
Modifications. These Terms and Conditions may not be amended, modified, terminated or repudiated, in whole or in part, except in writing signed by Seller and Buyer.
Remedies Not Exclusive. No remedy of Seller provided herein is exclusive of any other remedy available to Seller.
Assignment. Buyer cannot assign any rights, duties or obligations hereunder without Seller’s prior written consent.
Governing Law and Venue. These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of Wisconsin, and any legal proceeding with regard to these Terms and Conditions or the Goods shall be brought in the Circuit Court for Brown County, Wisconsin. Buyer hereby waives any claims of forum non conveniens or any other similar claims.
Cost of Collection. Buyer shall be liable to pay Seller for all costs associated with any breach of these Terms and Conditions by Buyer, including Seller’s actual attorney’s fees.
Authority of Signers. Each person accepting these Terms and Conditions represents and warrants that he/she has been duly authorized to do so.
Counterparts & Facsimile Signatures. These Terms and Conditions may be signed in counterparts. Facsimile and electronic signatures shall have the same effect as originals. Placing and paying for an order online also acknowledges and agrees to these Terms & Conditions.
Pickup Orders: Customers may request to pick up purchased products from American Tent’s facility in Green Bay, Wisconsin. Upon such request, the customer must schedule a pick-up time during American Tent’s regular warehouse hours, which are 7:00 a.m. to 4:00 p.m., Monday through Thursday. Loading time will vary based on order size and method of transportation. Orders that are not picked up within five (5) business days of the scheduled pick-up date (Fridays excluded) may be subject to storage fees. Customers must mark any product shortages, damages, or other issues with the order prior to departure from American Tent’s facility. The customer’s signature on an American Tent acknowledgement receipt confirms that all proper products and quantities have been received and that such products are free of visible damage. Unless otherwise agreed in writing, the Customer is responsible for all product loading and providing or retaining transportation for all products placed for pick-up.