Terms and Conditions

These Terms and Conditions (“Terms”) govern the sale of goods, including but not limited to pre-engineered steel buildings, by SteelDash LLC, a California limited liability company
(“Steel Dash”), to any purchaser of such goods (the “Customer”). By placing an order with
Steel Dash, Customer agrees to be bound by these Terms. These Terms supersede any
inconsistent or additional terms proposed by Customer, whether in purchase orders or
otherwise.

Steel Dash and Customer are sometimes referred to herein individually as a “Party” and
collectively as the “Parties.”

Commitment to Customer Experience
Steel Dash is committed to ensuring that every Customer has a positive experience in their
purchase, as our Customers are the backbone of our business. We want every purchase to
be smooth, transparent, and beneficial to the Customer.

In order to provide this positive experience, it is important that certain Terms and
Conditions are established and properly understood. These Terms are designed to protect
both Steel Dash and the Customer and to set clear expectations so that Customers receive
the best possible service.

If the Customer has any questions regarding any provision of these Terms, they should not
hesitate to contact a Steel Dash representative for clarification.

1. Nature of Buildings and Engineering Responsibility
Steel Dash is a reseller of pre-engineered steel buildings and related components. Steel Dash does not design, engineer, or manufacture any buildings. All engineering, including but not limited to snow load, seismic, dead load, and live load determinations, is performed by ACT Building Systems (https://actbuildingsystems.com) through its third-party engineering software.

Customer acknowledges and agrees that ACT Building Systems is solely responsible for the
adequacy, accuracy, and compliance of all engineering, design, and load determinations.
Steel Dash shall have no liability for any engineering errors, omissions, or deficiencies.

2. Steel Dash’s Limited Responsibility
Steel Dash’s sole responsibility is to supply and deliver buildings and its related
components as specified by ACT Building Systems. Steel Dash does not warrant, and shall not be liable for, the design, engineering, suitability, or compliance of the buildings with
building codes, ordinances, or Customer’s intended use.

3. Limited Express Warranty by Steel Dash
Steel Dash expressly warrants only that the building components it supplies will conform to the specifications provided by ACT Building Systems with respect to thickness, grade, color, profile, and dimensions. This limited warranty does not extend to engineering adequacy, installation, suitability for Customer’s intended use, or compliance with codes.

4. Manufacturer Warranties (Flow-Down)
Any warranties provided by third-party manufacturers of building materials or components shall flow directly to Customer. Steel Dash does not assume or extend any manufacturer warranty, and Customer’s sole recourse under such warranties shall be directly against the manufacturer. Steel Dash will assist in the filing and management of such warranty claims.

5. Inspection and Notice of Claims
Customer shall inspect all buildings and components delivered by Steel Dash within
fourteen (14) calendar days from the date of delivery. If Customer believes that any portion of the delivery is missing, damaged, or does not conform to specifications, Customer must notify Steel Dash in writing within this 14 day period. Any claims made after this period shall be deemed waived and denied.

6. Limitation of Liability
To the fullest extent permitted by law, Steel Dash’s total liability to Customer, whether in
contract, tort, or otherwise, shall be limited to the amount actually paid by Customer to
Steel Dash for the building(s) and/or component(s) giving rise to the claim. Steel Dash shall not be liable for any indirect, incidental, consequential, punitive, or special damages,
including without limitation lost profits, loss of use, business interruption, liquidated
damages or costs of substitute buildings.

7. Warranties Disclaimed
Except as expressly set forth in these Terms, Steel Dash makes no warranties, express or
implied. Without limiting the generality of the foregoing, Steel Dash expressly disclaims and excludes any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as any liability for liquidated damages. Customer’s exclusive
remedy under these Terms shall be limited to repair, replacement, or refund of the
purchase price, at Steel Dash’s sole discretion.

8. Indemnification
Customer shall indemnify, defend, and hold harmless Steel Dash from and against any and
all claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to (i) the engineering or design work of ACT Building Systems, (ii) the
manufacture of buildings by third parties, or (iii) the installation, modification, or use of the
buildings supplied by Steel Dash.

9. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes shall be brought
exclusively in the state or federal courts located in Orange County, California, and each
Party consents to the jurisdiction of such courts.

10. Arbitration
Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms, the sale of buildings, or the relationship between Steel Dash and Customer
(collectively, “Disputes”), shall be resolved exclusively through binding arbitration. By
entering into these Terms, both Parties knowingly and voluntarily waive their right to a trial
by judge or jury.
Arbitration Rules. Arbitration shall be administered by the American Arbitration
Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect. The
arbitration shall be conducted before a single neutral arbitrator selected in accordance with AAA rules. Unless otherwise agreed by the Parties, arbitration shall take place in Orange County, California, and the arbitrator shall apply the substantive law of the State of
California (without regard to its conflicts of law rules).
Arbitrator’s Authority. The arbitrator shall have exclusive authority to resolve any Dispute,
including issues of interpretation, applicability, enforceability, or formation of this
arbitration agreement. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. Arbitration shall be conducted on an individual basis only, and not as a class, collective, consolidated, or representative action. The Parties expressly waive any
right to participate in or bring claims as part of a class or collective proceeding.
Costs. Each Party shall bear its own costs and attorneys’ fees, except to the extent otherwise required by applicable law or AAA rules. The arbitrator shall have discretion to award costs and fees in accordance with applicable law.

11. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions shall remain in full force and effect. The
invalid provision shall be modified to the minimum extent necessary to make it valid and
enforceable.

12. Waiver

The failure of Steel Dash to enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. Any waiver must be in writing and signed by
Steel Dash.

13. Plurals and Singulars
As used herein, the singular includes the plural, and the plural includes the singular,
wherever appropriate to the context.

14. Entire Agreement
These Terms constitute the entire agreement between Steel Dash and Customer with
respect to the subject matter herein, and supersede all prior or contemporaneous
agreements, understandings, or representations, whether oral or written. No amendment,
modification, or waiver of any provision of this Agreement shall be effective unless it is in
writing and signed by both Parties.