NSS Buyer Contract
NSS Buyer Contract for Underground Storm Shelters
Terms & Conditions
Cancellation – Warranty
This warranty supersedes all previous National Storm Shelters LLC (NSS) warranties. NSS warrants that all its Goods will be manufactured in accordance with standard practices and free from defect in workmanship as of the time and place of delivery by NSS for a period of (1) year from delivery. NSS makes no warranty in regard to items manufactured by third-parties regardless of whether delivered with NSS Goods. This warranty does not apply to components having a normal useful life of less than one year, due to normal wear or where failure does not result for defect in material or workmanship. Under these or other conditions NSS will coordinate any required warranty work. This warranty does not include any cost, including labor, for removal or replacement and/or installation of defective part on onsite support. In case of a breach of warranty in quality of Goods the remedy shall be at NSS’s option: (1) repair of the failed component or assembly at issue in the Goods; (2) replacement of the failed component or assembly at issue in the Goods; (3) where authorized in writing by NSS, the reasonable cost of repair and replacement at a service facility approved by NSS; or (4) payment or credit for the purchase price, less depreciation based on actual use upon return of the goods to NSS or an authorized representative thereof within 7 business days of said demand of said return by NSS. All transactions, including repair, replacement, and return, will be F.O.B. National Storm Shelters LLC, Smyrna, TN and no compensation will be made by NSS for transportation costs. Upon receipt of notice of apparent defect or failure, NSS will instruct the claimant on the warranty claim procedure to be followed herein. This warranty is null and void if the Customer’s become delinquent in any payment beyond 3 business days from delivery of completed products. This warranty is null and void is products are not installed by a NSS factory trained installer, if at any time the homeowner or any third parties modify, or affect the materials that make up the shelter, or if any item are installed anywhere other than in a fully enclosed garage or part of the house.
The Below Ground Shelters have a 25-year warranty and covers steel galvanized components and covers corrosion due to natural causes for a period of 25 years. Painted area or items are not covered under this warranty as paint is considered a ware item and may need to be repainted over time.
This warranty is transferable one time to a new owner of the real property. To activate the transfer of the warranty, the new owner must contact NSS in writing within 15 days of transfer of deed.
Rescheduling of installation date by customer; if less than 48 hours (2 business days) an additional charge of $300.00 will apply.
If the customer chooses to cancel the installation or return any National Storm Shelter LLC products for any reason a minimum of 10% processing fee will apply to the total order. All cancellations must be made in writing and faxed to: (615)-223-1939 or delivered (with a signed receipt copy from NSS management) to 700 Swan Dr. Smyrna, TN 37167.
NSS will cut the concrete slab in an area of 44”x82” and at a depth of 4” – 6”. A concrete slab over 6” inches thick will be considered as rock and subject to additional charge. NSS uses 4 – 4.5 yards of concrete when backfilling the below ground shelter. The customer will be responsible for additional concrete charges if more than 5 yards is needed.
During the installation process, the customer agrees to have homeowner insurance in place and assumes full responsibility for any and all personal injury or personal property damage in or around the installation area and or equipment. Once the installation is completed the Customer agrees to Hold Harmless, National Storm Shelters, LLC, its employees, contractors, and shareholders from any and all damages.
Property Damage Release:
The customer hereby authorizes NSS and its representatives to use private property for making the installation shown on this contract. It is possible for damage to occur due to the unknown nature of the structural condition of the driveway and yard. The undersigned assumes full responsibility for any damage suffered by property during the installation. The undersigned assumes liability and agrees to hold harmless NSS from any and all claims, demands and suits for or on account of or in any manner arising from said installation or use.
▪ No one should be allowed in the install area while the shelter is being installed.
▪ Never let children think of the shelter or any of the shelter space as an area of play.
▪ Never leave children unattended or encourage them to learn independent usage of the operation of the shelter.
▪ Never modify the shelter, including the drilling of holes, welding additional parts, and or the cutting of any elements inside or out.
▪ Never place hands on rails or entrance area while lid is in motion.
▪ Never remove the hand operated wench from the shelter.
▪ Never leave the shelter open without a responsible adult present.
▪ Never leave the release pin in the shelter or anywhere within reach of children.
▪ This shelter is not to be used for anything other than several weather emergencies.
Tennessee Law Governs this Contract:
The parties agree to submit themselves to the jurisdiction of the Courts of the State of Tennessee and agree that Rutherford County shall be the proper venue for any action. All NSS Terms and Conditions apply to the entirety of this contract. Should any portion be deemed unenforceable, the rest of the contract shall remain in effect. If any party is found in breach of this contract, they shall be responsible for all attorney fees.
NSS reserves the right to revoke or change any of the terms as stated at any time or reason.
Recommended product to add to your underground storm shelter purchase:
Rock Solid™ Price Assurance Policy: For a flat rate fee of $850.00 NSS will reasonably assume the efforts of removing any and all rock. This is a non-refundable Policy and must be paid at time of execution of this contract.