The terms that govern use of this website and the fabrication, delivery and staging services provided by DOLAN ENTERPRISES, LLC from its panel crib yard in Visalia, California.
These Terms of Service govern the use of the website located at www.dolanenterprises.buzz and the fabrication, delivery, staging and related services provided by DOLAN ENTERPRISES, LLC. By using the website, requesting a quote or placing an order, a person agrees to be bound by these terms.
A person who does not agree with these terms should not use the website and should not place an order. Where the company and a builder have signed a separate written agreement, that agreement controls to the extent it conflicts with these terms, and these terms fill the gaps that the agreement leaves open.
The company may require a signed acknowledgment before it begins fabrication of a custom package. In that case the signed document and these terms are read together as a single understanding between the parties.
The following words carry the meanings given here whenever they appear in these terms.
A word in the singular includes the plural where the context allows, and a word in the plural includes the singular. A heading is provided for convenience and does not limit the text that follows it.
The website and the services of the company are intended for business users, including builders, general contractors, subcontractors, developers and suppliers. A person who uses the website represents that they are at least eighteen years old and that they have the authority to act for the business they represent.
A person who places an order on behalf of a business confirms that the business agrees to these terms and that the person is authorized to bind the business to them. The customer is responsible for the accuracy of the information it provides and for the acts of the people it sends to the site.
The company does not offer its services to consumers for personal, family or household use, and it may decline an order that appears to fall outside its ordinary business.
The website is provided to give builders information about the panel crib yard, its services and its contact details. A visitor may view the pages, print a page for internal reference and send a message through the contact form.
A visitor may not misuse the website. Misuse includes attempting to gain unauthorized access to a system, introducing a virus or harmful code, scraping the site in a way that burdens the server, copying the design for a competing site, or using the site to send unlawful, threatening or misleading content.
The company may suspend access to the website at any time for maintenance, security or any other reason. The company does not promise that the website will always be available and does not promise that every page will be free of error.
A quote issued by the company describes the panels, cassettes or roof sections it expects to fabricate, the material it expects to use and the price it expects to charge based on the information available at the time. A quote is an invitation to order and not a binding offer.
A quote is based on the plans, the panel schedule and the site notes that the customer provides. If those documents change, or if a condition at the site differs from what was described, the company may revise the quote and the delivery schedule to reflect the difference.
A quote remains open for the period stated on its face. If no period is stated, the quote remains open for fourteen days, after which the company may reprice the work against current material costs and table availability.
An order is placed when the customer confirms a quote in writing or by email and, where a deposit is required, pays the deposit. The company accepts the order when it confirms a fabrication slot in writing. Until that confirmation is sent, no contract for fabrication exists.
The customer is responsible for the accuracy of the order, including panel dimensions, opening sizes, shear details and the number of pieces. The company builds to the approved plans and to the material list attached to the order. A change after acceptance is handled as a change order and may affect price and schedule.
The company may decline an order that exceeds its table capacity, that falls outside its ordinary trade, or that would require a material or a detail the yard cannot obtain on reasonable terms.
The company fabricates panels on flat steel tables and squares each piece against a diagonal check before it is stood in a crib. Studs are placed at the spacing the plan calls for, headers are sized to the opening, and sheathing is fastened to the approved schedule.
Openings are cut at the table, and structural hardware is installed where the plan requires it. Each finished piece is tagged with its lot, its elevation and its place in the load, and it is stored upright in a steel C-crib until it is loaded.
The company builds to the tolerances stated in the approved plans and to the building code that applies at the site. Where a plan is silent, the company applies the industry standard for the trade. A tolerance or a detail that the customer requires beyond the standard must be stated in writing before fabrication begins.
The company delivers panels, cassettes and roof sections to the site and, where the order provides for it, coordinates the crane window. The customer is responsible for providing safe access, a clear approach, a level and firm surface for the truck, and a staging area that can receive the load.
Delivery dates are estimates unless the company states in writing that a date is fixed. Weather, road conditions, crane availability and site readiness can affect a schedule, and the company will notify the customer when a delay is known.
If the site is not ready to receive the load when the truck arrives, the company may wait a reasonable time, return the load to the yard or deliver to an alternate location. A waiting charge, a return charge or a re-delivery charge may apply, and the customer is responsible for that charge.
The company may prepare a staging plan that marks where each piece will sit on the lot. The plan is a working guide and depends on the conditions the customer describes. The customer remains responsible for the safety of the site and for keeping the staging area clear of traffic that could strike a panel.
Where the order provides for storage, the company holds the pieces in the yard, upright and dry, until the schedule calls for release. Storage is offered for a stated period, and the company may charge for storage beyond that period.
Once the pieces are placed on the site, the customer is responsible for protecting them from weather, theft and damage. The company is not responsible for a panel that is damaged after it has been set at the site.
The company builds custom pieces where a plan requires a detail that stock panels cannot meet, including curved headers, tall openings, shear walls with installed hardware and non-standard widths. A custom package is priced from the plan and the material list prepared for it.
Because a custom piece is built to a specific plan, it may not be returned or resold if the customer cancels after fabrication begins. The customer is responsible for the cost of material, labor and table time committed to the package at the time of cancellation.
The customer must review and approve the shop drawing or the material list before the custom piece is built. Once approved, the company builds to that document, and a later change is handled as a change order.
The company prepares a takeoff and a material list for each package. The list is based on the plan and the information the customer provides. The list is provided so that the customer can confirm the order and compare the delivery against the plan.
A takeoff is a good faith estimate of the material a package requires. It does not transfer design responsibility to the company, and it does not replace the role of the architect or the engineer of record. The customer remains responsible for the design, for the structural adequacy of the plan and for compliance with the applicable code.
If the customer believes the takeoff is incomplete, the customer must raise the point before fabrication begins so that the material list can be corrected and the price adjusted.
Prices are stated in United States dollars. A price may include material, fabrication, delivery and, where the order provides for it, crane coordination. A price may exclude permit fees, site preparation, unloading labor and any work not described in the quote.
The company may require a deposit before fabrication begins and may require progress payment as the package moves through the table. The balance is due on the terms stated in the invoice. A late payment may carry a service charge to the extent the law allows.
If the cost of material changes materially between the quote and the order, the company may adjust the price and will notify the customer before fabrication begins. The customer may cancel the order within a reasonable time after that notice without a fabrication charge.
Title to a fabricated piece passes to the customer when the piece is paid for in full. Risk of loss passes to the customer when the piece is delivered to the site or, if the piece is held in the yard at the customer request, when it is ready for release and the customer has been notified.
Until title passes, the customer holds the piece as a bailee and must keep it identifiable and, where the order provides for storage, must pay the storage charge. The company may reclaim a piece for which it has not been paid in accordance with the law.
The customer should insure the piece from the moment risk of loss passes. The company does not insure a piece after delivery and is not responsible for a loss that insurance would ordinarily cover.
The customer must inspect each delivery at the time it is unloaded. A visible defect, a shortage or a piece that does not match the material list should be noted on the delivery document and reported to the company promptly.
A claim for a shortage or a visible defect must be sent to contacty@dolanenterprises.buzz or made by telephone to +15572125549 within a reasonable time after delivery, and in no event later than the period stated in the delivery document. A claim that is not timely reported may be waived.
The company will investigate a claim, arrange an inspection where it is needed and, if the claim is valid, repair or replace the affected piece. The customer must give the company a reasonable opportunity to inspect before the piece is altered, installed or discarded.
The company warrants that each piece it fabricates will conform to the approved plan and the material list and will be free of a defect in workmanship at the time of delivery. This warranty runs to the customer and covers the fabrication of the piece.
The warranty does not cover damage caused by weather after delivery, by improper storage at the site, by handling that exceeds the design, by a change made to the piece after delivery, or by a design that the customer supplied. The warranty also does not cover a material that the customer directed the company to use against the advice of the company.
Except as stated in this section, the company provides its services without a further warranty, whether express or implied, to the fullest extent the law allows. The remedy for a breach of this warranty is repair or replacement of the affected piece or, at the company option, a refund of the price paid for that piece.
To the fullest extent the law allows, the company is not liable for an indirect, incidental, special, consequential or punitive loss, including lost profit, lost schedule, lost use or the cost of substitute material, even if the company was advised that such a loss was possible.
The total liability of the company for a claim arising out of an order is limited to the amount the customer paid for the piece that gives rise to the claim. This limit applies to all claims in the aggregate, whether they arise in contract, in tort or on another basis.
Nothing in these terms limits a liability that cannot be limited by law. Where a jurisdiction does not allow a limit that is stated here, the limit is reduced to the smallest amount that the law permits, and the remainder of these terms continues in force.
The customer agrees to defend and to hold harmless DOLAN ENTERPRISES, LLC from a claim, a loss or an expense that arises from the acts or the omissions of the customer, its employees, its subcontractors or its agents at the site, or from a site condition that the customer controls.
The customer also agrees to defend and to hold harmless the company from a claim that arises from a plan, a specification or a design that the customer supplied, including a claim that the design is not structurally adequate or does not meet the applicable code.
The company will give the customer notice of a claim that is subject to this section and will cooperate in the defense. The customer may not settle a claim in a way that imposes a liability on the company without the written consent of the company.
The text, the layout, the graphics and the design of the website belong to DOLAN ENTERPRISES, LLC and are protected by the laws of the United States. A visitor may view and print a page for internal business reference but may not copy the design, republish the text or use the company name in a way that suggests an endorsement.
The plans, the specifications and the documents that the customer provides remain the property of the customer or of the party that created them. The company uses those documents only to prepare a takeoff, to fabricate a package and to deliver the order.
A shop drawing, a material list or a takeoff that the company prepares for an order is the property of the company and is provided to the customer for the order. It may not be reused for another project without the written consent of the company.
The company is not liable for a delay or a failure to perform that is caused by an event beyond its reasonable control. Such an event includes a storm, a flood, an earthquake, a fire, a wildfire, an electrical failure, a shortage of material, a labor dispute, a road closure, an act of a public authority or a public health emergency.
When such an event occurs, the company will notify the customer as soon as it is practical and will use reasonable efforts to resume fabrication and delivery. A delivery date that is affected by the event is extended for the period of the delay.
If the event continues for an extended period, either party may cancel the part of the order that has not been fabricated or delivered, and the customer will pay for the material and the work that has already been performed.
The company may suspend work or terminate an order if the customer fails to pay an amount that is due, if the customer provides information that is materially inaccurate, or if a site condition makes safe delivery impossible.
The customer may cancel an order in writing before fabrication begins and, in that case, is responsible for any material the company has already ordered for the package and for any table time that was reserved. After fabrication begins, the customer is responsible for the material and the labor committed to the package.
On termination, the company will deliver the completed pieces for which it has been paid and will return or dispose of the material that remains, as the parties agree. The rights and the duties that by their nature survive termination, including the duties about payment, warranty, liability and indemnity, continue after the order ends.
These terms are governed by the laws of the State of California and the applicable laws of the United States, without regard to a conflict of law rule that would point to the law of another jurisdiction. The parties agree that the venue for a dispute is a state or federal court located in Tulare County, California.
Before filing a claim, the parties will try in good faith to resolve the dispute through discussion. Either party may send a written notice that describes the dispute, and the parties will meet within a reasonable time to attempt a resolution.
If the parties cannot resolve the dispute by discussion, either party may pursue the remedies the law provides. A claim that is not brought within the period the law allows is barred, and each party waives a right to a jury trial to the fullest extent the law permits.
The company may update these Terms of Service from time to time to reflect a change in its services, its practices or the law. When a change is made, the effective date at the top of the page is revised and the updated terms are posted on the website.
An order is governed by the version of these terms that is in force when the order is accepted. A later version governs the use of the website after it is posted and any order accepted after that point.
The company encourages a customer to review these terms before placing an order and to keep a copy of the version that applies. A question about a change may be sent to contacty@dolanenterprises.buzz at any time.
A question about these terms, a notice under these terms or a request for a copy of the current version may be sent to the company using the details below. The company will route the message to the person best able to answer it and will reply within a reasonable time.
DOLAN ENTERPRISES, LLC
712 N Ben Maddox Way, Visalia, CA 93292-6623, United States (US)
Email: contacty@dolanenterprises.buzz
Phone: +15572125549
Business hours: Monday to Friday, 7:00 AM to 5:00 PM, and Saturday, 8:00 AM to 12:00 PM
The company values a clear and fair working relationship with every builder, supplier and partner who reaches the panel crib yard. These terms are written to keep that relationship predictable from the first quote to the final delivery.