Terms of service

Terms & Conditions
Notice: Purchaser or end user shall be deemed to have accepted the terms and conditions of
this document and a contract is formed under the provisions of this agreement upon
documented registration and installation of the product to what Deck Scaffolding Systems, LLC
considers typical installations.
In no event will Deck Scaffolding Systems, LLC be liable to Purchaser or to any third party for
any unlawful use, installation, loss of use, injury, death, loss of revenue or profit or for any
consequential, incidental, indirect, exemplary, special or punitive damages whether arising out
of breach of contract, tort (including negligence) or otherwise, regardless of whether such
damage was foreseeable and whether or not such party has been advised of the possibility of
such damages.
Except for the express warranties to Purchaser related to quality, functionality, and
workmanship, Deck Scaffolding Systems, LLC hereby disclaims all warranties, either express,
implied, statutory, or otherwise, under this agreement, including all implied warranties of
merchantability, and fitness for a particular purpose, title, and non-infringement.
The purchase of this product is governed by federal law and the law of the state of Minnesota.
Purchaser and Deck Scaffolding Systems, LLC, respectively, bind themselves, their partners,
successors, assigns, and legal representatives to the covenants of this document. Neither
Purchaser nor Deck Scaffolding Systems, LLC will assign, sublet, or transfer any interest in this
agreement without the written consent of the other.
If any provision of this document is held invalid or unenforceable, the remaining provisions shall
be valid and binding upon the parties. One or more waivers by either party of any Provision,
term, or condition shall not be construed by the other party as a waiver of any subsequent
breach of the same provision, term, or condition.
The product may be subject to export controls and regulations of the U.S., or the country of
shipment, and export may require a valid export license. Deck Scaffolding Systems, LLC entry
into the sale of product is conditioned on Purchaser’s compliance with all applicable export
control laws and regulations. No goods sold or delivered to Purchaser may be exported or
Re-exported unless such export or re-export fully complies with all applicable export
regulations. Purchaser represents and warrants that:
1. It is not subject to the jurisdiction of any country that is subject to a comprehensive U.S.
embargo, nor is it designated on, or associated with, any party designated on any of The
U.S. government restricted parties lists, including, without limitation, the U.S. Commerce
Department Bureau of Industry and Security (“BIS”) denied persons list, entity list, or
unverified list; the U.S. Treasury Department Office of Foreign Assets Control (“OFAC”) specially
designated nationals and blocked persons list; or the U.S. State Department Directorate of
Defense Trade Controls (“DDTC”) debarred parties list.
2. Any deliverables or services provided to it are not intended to be shipped directly or indirectly
to any country subject to restriction under applicable laws and regulations of the United States
and other nations and that Purchaser or end user is not located in, under the control of, or a
national of any such country.
Neither party will be liable for failure or delay to perform obligations under this agreement,
which have become practicably impossible because of circumstances beyond the reasonable
control of the applicable party. Such circumstances include, without limitation, natural disasters
or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders;
epidemics, pandemics, or outbreaks of communicable disease; quarantines; national or regional
emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond
the party’s reasonable control.
Written notice of a party’s failure or delay in performance due to force majeure must be given
to the other party no later than five (5) business days following the force majeure event
commencing, which notice shall describe the force majeure event and the actions taken to
minimize the impact thereof. All delivery dates under this agreement affected by force majeure
shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible,
Not to cancel but reschedule the pertinent obligations and deliverables for mutually agreed
dates as soon as practicable after the force majeure condition ceases to exist.
This document, including the exhibits and schedules made a part thereof, constitutes the entire
agreement between Deck Scaffolding Systems, LLC and Purchaser, supersedes, and controls
over all prior written or oral understandings. This agreement, from time to time, may be
amended, supplemented, modified, or replaced only by a written instrument duly executed by
the parties.
Deck Scaffolding Systems, LLC total liability to Purchaser for any loss or damage, including but
not limited to special and consequential damages arising out of or in conjunction with the
performance of services or any other cause, is limited to the total compensation received by
Deck Scaffolding Systems, LLC and Purchaser hereby releases and holds Deck Scaffolding
Systems, LLC from any liability above such amounts.

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