Terms Of Service


Standard Sales Terms and Conditions

Unless otherwise specifically agreed to in writing by Rooftop Sleeper Support, these Sales Terms and Conditions shall apply to any and all orders placed by any Purchaser for products or services of Rooftop Sleeper Support. In these Sales Terms and Conditions, the party to whom Rooftop Sleeper Support’s Quotation, Sales Order, or Invoice is addressed is referred to as the “Purchaser.”

1. ACCEPTANCE. Rooftop Sleeper Support’s acceptance of all orders and all offers and sales by Rooftop Sleeper Support are subject to and expressly conditioned upon Purchaser’s assent to the terms and conditions of these Sales Terms and Conditions. Purchaser’s acceptance of any offer by Rooftop Sleeper Support must be made on such terms and conditions exactly as offered by Rooftop Sleeper Support. Any of Purchaser’s terms and conditions which are different from or in addition to those contained in these Sales Terms and Conditions shall be of no effect unless specifically agreed to in writing by Rooftop Sleeper Support. Commencement of performance or shipment shall not be construed as acceptance of any of Purchaser’s terms and conditions which are different from or in addition to those contained in the Agreement. If a contract is not earlier formed by mutual agreement in writing, acceptance by Purchaser of products or services furnished by Rooftop Sleeper Support pursuant hereto shall be deemed Purchaser’s assent to all of the terms and conditions of these Sales Terms and Conditions.

These Sales Terms and Conditions shall be governed by the laws of the State of Utah as if made and any transactions contemplated hereby are to be performed entirely within such state, without reference to its conflicts of laws principals. Purchaser submits to the exclusive personal jurisdiction of United States Federal District Court in Salt Lake City, Utah or Utah State Courts located in Salt Lake City, Utah (the “Utah Courts”). Purchaser agrees that the Utah Courts have subject matter jurisdiction over all claims and disputes and agrees that venue for resolution of any claims or dispute properly lies in the Utah Courts.

2. ORDERS AND PRICES. Proposals for Rooftop Sleeper Support to supply products or services to Purchaser are valid for 30 days from issuance unless otherwise agreed to by Rooftop Sleeper Support in writing. Orders may not be cancelled or modified, either in whole or part, without Rooftop Sleeper Support’s express written consent. If Rooftop Sleeper Support consents to any order modification or cancellation, it may impose an order modification or cancellation fee. All prices are as stated in Rooftop Sleeper Support’s proposal or quote and specifically override any prices referenced in Purchaser’s purchase order. Prices for orders for immediate shipment are prices in effect at time of receipt of order. Qualifying orders specifying future delivery will be invoiced at prices and terms in effect at time of shipment. Unless otherwise agreed to in writing by Rooftop Sleeper Support, the prices stated in any proposal provided by Rooftop Sleeper Support are in U.S. dollars and do not include installation, assembly, engineering, freight, transportation, removal of any existing roofing material or supports, insurance or any sales, use, excise or other taxes, duties, fees or assessments imposed by any jurisdiction.

All applicable taxes will be paid by Purchaser, unless Purchaser provides Rooftop Sleeper Support with appropriate tax exemption certificates, and if Purchaser requests that Rooftop Sleeper Support ship products to Purchaser’s customer, Purchaser must provide Rooftop Sleeper Support with a valid resale certificate or other valid exemption certificate for its customer, and Purchaser hereby indemnifies Rooftop Sleeper Support for all taxes, costs, fees, expenses, penalties, and other charges if Purchaser cannot provide adequate evidence that it remitted the applicable sales tax to the destination state. Any amounts paid at any time by Rooftop Sleeper Support that are the responsibility of Purchaser shall be reimbursed to Rooftop Sleeper Support upon demand. All prices and other terms are subject to correction for typographical or clerical errors.

3. TERMS OF PAYMENT. All payments shall be in U.S. dollars. Purchaser shall pay for products in cash upon delivery, unless an earlier or later time for payment is specified in the order acknowledgement (in which case payment shall be due at the time so specified). Each shipment shall be considered a separate and independent transaction and payment for each shipment shall be due accordingly.

Rooftop Sleeper Support may, at its option, elect to extend credit to Purchaser. Purchaser shall take no discounts for early payment. If Rooftop Sleeper Support extends credit to Purchaser, invoices will be issued upon shipment and payment shall be due in full within thirty (30) days from the invoice date or such other date as may be specified on the Invoice. Rooftop Sleeper Support reserves the right to change the amount of or withdraw any credit extended to Purchaser.

Unless otherwise specified in these Sales Terms and Conditions or agreed to in writing by Rooftop Sleeper Support, amounts owed for services will be invoiced upon completion of the work. Payment of such invoices is due within thirty (30) days from the invoice date.

Amounts not paid when due shall be subject to interest at the rate of one and one-half percent (1½%) per month or, if less, the maximum rate permitted by law.

In the event of the bankruptcy or insolvency of Purchaser, or the filing of any proceeding by or against Purchaser under any bankruptcy, insolvency or receivership law, or in the event Purchaser makes an assignment for the benefit of creditors, Rooftop Sleeper Support may, at its election and without prejudice to any other right or remedy, exercise all rights and remedies granted Rooftop Sleeper Support in Section 8 as in the case of a default by Purchaser under these Sales Terms and Conditions.

Rooftop Sleeper Support may, at its option, factor any invoice or assign the right to collect payment on any invoice to any party without prior notice or consent of Purchaser.

4. DELIVERY, TITLE AND RISK OF LOSS. Unless otherwise agreed to in writing by Rooftop Sleeper Support, products shall be shipped FOB Rooftop Sleeper Support’s manufacturing facility in Heber City, Utah or FOB any designated Rooftop Sleeper Support inventory site to any location designated by Purchaser and shall be deemed delivered to Purchaser when delivered to the transportation company at the shipping point. Purchaser acknowledges and agrees that any price quotes provided by Rooftop Sleeper Support relating to freight or transportation charges shall be a courtesy estimate only. Unless otherwise agreed to in writing by Rooftop Sleeper Support, all actual freight or transportation charges and expenses shall be added to the invoice and paid by Purchaser, including the cost of any insurance against loss or damage in transit which Rooftop Sleeper Support may obtain in its subjective discretion. Rooftop Sleeper Support reserves the right to ship products freight collect. Rooftop Sleeper Support hereby reserves, and Purchaser hereby grants to Rooftop Sleeper Support, a purchase money security interest in all products purchased under these Sales Terms and Conditions, together with all proceeds thereof, including insurance proceeds. Such security interest secures all of Purchaser’s obligations arising under these Sales Terms and Conditions, and any other agreements between Purchaser and Rooftop Sleeper Support, until all amounts due Rooftop Sleeper Support hereunder have been paid in full. Purchaser agrees upon Rooftop Sleeper Support’s request to sign appropriate financing statements evidencing Rooftop Sleeper Support’s security interest.

Subject to the security interest reserved to Rooftop Sleeper Support, title and risk of loss and/or damage to products shall pass to Purchaser upon delivery of the products to the transportation company at the shipping point. Confiscation or destruction of or damage to products shall not release, reduce or in any way affect the liability of Purchaser. In the event Purchaser rejects or revokes acceptance of any products for any reason, all risk of loss and/or damage to such products shall nonetheless remain with Purchaser unless and until the same are returned at Purchaser’s expense to such place as Rooftop Sleeper Support may designate in writing.

All products must be inspected upon receipt and claims filed by Purchaser with the transportation company when there is evidence of shipping damage, either concealed or external.

5. PRODUCTS AND SERVICES. Purchaser acknowledges and agrees that products supplied by Rooftop Sleeper Support may require some assembly. Unless Rooftop Sleeper Support has agreed in writing to provide installation services, Purchaser assumes full responsibility for the proper installation of any products supplied by Rooftop Sleeper Support, including without limitation, assembly, adaptation of roof slope, location, engineering and method of installation. Installation guidelines are available from Rooftop Sleeper Support upon request.

Unless otherwise agreed to in writing by Rooftop Sleeper Support, Rooftop Sleeper Support has no firsthand knowledge about the nature of the location where the products are to be installed or any physical conditions or difficulties which might be encountered during installation. Accordingly, any proposals for Rooftop Sleeper Support to supply products or services, including without limitation, engineering services related to products supplied by Rooftop Sleeper Support, are based solely on representations and information provided to Rooftop Sleeper Support by Purchaser. In the event Rooftop Sleeper Support supplies services to Purchaser in connection with the sale of products, Rooftop Sleeper Support shall be entitled to rely on Purchaser’s representations regarding job site conditions and measurements and Rooftop Sleeper Support shall not be liable to Purchaser for any claim for an adjustment in price, design deficiency, or any misunderstanding by Rooftop Sleeper Support, if such claim directly or indirectly arises from Purchaser’s failure to correctly estimate measurements, conditions, or other factors where the products may be installed.

Rooftop Sleeper Support may, in its sole subjective discretion, modify the design, specifications, or the manufacturing process of any of its products in any manner without notice.

6. PERFORMANCE. Rooftop Sleeper Support will make a reasonable effort to observe the dates specified in its proposal or such later dates as may be agreed to by Purchaser for delivery or other performance, but Rooftop Sleeper Support shall not be liable for any delay in delivery or failure to perform due to acceptance of prior orders, strike, lockout, riot, war, fire, acts of God, accident, delays caused by any subcontractor or supplier or by Purchaser, technical difficulties, failure or breakdown of machinery or components necessary for order completion, inability to obtain or substantial rises in the price of labor or materials or manufacturing facilities, curtailment of or failure to obtain sufficient electrical or other energy supplies, or compliance with any law, regulation, order or direction, whether valid or invalid, of any governmental authority or instrumentality thereof, or due to any circumstances or any causes beyond its reasonable control, whether similar or dissimilar to the foregoing and whether or not foreseen. As used herein, “performance” shall include, without limitation, fabrication, shipment, delivery, assembly, installation, testing and warranty repair and replacement, as applicable.

Purchaser agrees that any delay in delivery or failure to deliver or perform any part of these Sales Terms and Conditions shall not be grounds for Purchaser to terminate or refuse to comply with any provisions hereof and no penalty of any kind shall be effective against Rooftop Sleeper Support for such delay or failure.

7. ACCEPTANCE. All products delivered hereunder shall be deemed accepted by Purchaser as conforming to these Sales Terms and Conditions, and Purchaser shall have no right to revoke any acceptance, unless written notice of the claimed nonconformity is received by Rooftop Sleeper Support within thirty (30) days of delivery thereof. Notwithstanding the foregoing, any use of a product by Purchaser, its agents, employees, contractors or licensees, for any purpose, after delivery thereof, shall constitute acceptance of that product by Purchaser.

Invoiced overages and product shortages must be reported within 30 days of invoice date. Any discrepancy not reported within 30 days will not be considered for an adjustment. Rooftop Sleeper Support will not receive or credit any products returned without Rooftop Sleeper Support’s consent.

Unless otherwise agreed to in writing by Rooftop Sleeper Support, Purchaser may not cancel or return any custom assembly products specially manufactured by Rooftop Sleeper Support for Purchaser.

8. DEFAULT AND TERMINATION. Purchaser may terminate these Sales Terms and Conditions if Rooftop Sleeper Support materially defaults in the performance of its obligations hereunder and fails to cure such default within sixty (60) days after written notice thereof from Purchaser. Such termination shall be Purchaser’s sole remedy in the event of a default by Rooftop Sleeper Support.

Purchaser shall be deemed in material default under these Sales Terms and Conditions if Purchaser fails to pay any amounts when due hereunder, cancels or attempts to cancel these Sales Terms and Conditions prior to delivery or refuses delivery or otherwise fails to perform any of its obligations hereunder or fails to pay Rooftop Sleeper Support any sums due under any other agreement or otherwise. In the event of a material default by Purchaser, Rooftop Sleeper Support may, upon written notice to Purchaser, (1) suspend its performance and withhold shipments, in whole or in part, (2) terminate these Sales Terms and Conditions, (3) declare all sums owing to Rooftop Sleeper Support immediately due and payable, and/or (4) recall products in transit, retake same and repossess any products held by Rooftop Sleeper Support for Purchaser’s account, without the necessity of any other proceedings, and Purchaser agrees that all products so recalled, taken or repossessed shall be the property of Rooftop Sleeper Support, provided that Purchaser is given credit therefor. Exercise of any of the foregoing remedies by Rooftop Sleeper Support shall not preclude exercise of any of the others, and neither the existence nor exercise of such remedies shall be construed as limiting, in any manner, any of the rights or remedies available to Rooftop Sleeper Support under the Uniform Commercial Code or other laws.

9. PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. The sale of products or provision of services hereunder does not convey any express or implied license under any patent, copyright, trademark or other proprietary rights owned or controlled by Rooftop Sleeper Support, whether relating to the products sold, drawings or depictions that may accompany products or the provision of services, any manufacturing process, or any other matter. All rights under any such patent, copyright, trademark or other proprietary rights are expressly reserved by Rooftop Sleeper Support. Without Rooftop Sleeper Support’s prior written consent, Purchaser shall not make any use of any drawings or depictions that may accompany Rooftop Sleeper Support’s products or provision of services. Furthermore, Purchaser agrees not to infringe, directly or indirectly, any patents, copyrights, trademarks, or other proprietary rights of Rooftop Sleeper Support.

10. LIMITED WARRANTY. Rooftop Sleeper Support shall provide to the original purchaser a limited warranty for each of Rooftop Sleeper Support’s products provided under these Sales Terms and Conditions. The terms, limitations and exclusions for the limited warranty for each product are available from Rooftop Sleeper Support upon written request. Rooftop Sleeper Support reserves the right to modify its limited warranty at any time in its sole discretion.

11. LIMITATION OF LIABILITY AND CLAIMS. If Rooftop Sleeper Support, in its sole discretion, approves a claim covered under the Limited Warranty, Rooftop Sleeper Support’s sole obligation will be to repair or replace defective items with items of comparable value to the extent commercially practicable. THE FOREGOING WILL CONSTITUTE THE EXCLUSIVE REMEDY FOR THE LIMITED WARRANTY. Rooftop Sleeper Support’S AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE SHALL IN NO EVENT EXCEED THE AMOUNT, IF ANY, RECEIVED BY Rooftop Sleeper Support HEREUNDER. LIABILITY OF Rooftop Sleeper Support IS LIMITED TO THE ABOVE, AND IN NO EVENT WILL Rooftop Sleeper Support BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ECONOMIC, LOSS OF PROFITS, OR OTHER DAMAGES OF ANY KIND WHATSOEVER. This provision is applicable to claims for breach of warranty, tortious conduct, or any other cause of action asserted against Rooftop Sleeper Support.

12. ENTIRE AGREEMENT. these Sales Terms and Conditions constitutes the entire agreement of the parties and supersedes all prior negotiations, proposals, agreements and understandings, whether oral or written, relating to the products to be purchased hereunder or otherwise relating to the subject matter of these Sales Terms and Conditions. Any representation, warranty, course of dealing or trade usage not expressly contained or referenced herein shall not be binding on Rooftop Sleeper Support.

13. ATTORNEY’S FEES. In the event of default in payment of the purchase price or any part thereof, Purchaser agrees to pay Rooftop Sleeper Support’s expenses, including reasonable attorney’s fees and court costs, incurred by Rooftop Sleeper Support in enforcing payment thereof.

14. ASSIGNMENT. Purchaser shall not assign or transfer any rights or claims under these Sales Terms and Conditions without the prior written consent of Rooftop Sleeper Support, and any purported assignment made without such consent shall be void. These Sales Terms and Conditions shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the parties.

15. GENERAL. No modification, amendment, rescission, waiver or other change in these Sales Terms and Conditions shall be binding on Rooftop Sleeper Support unless agreed to in writing by Rooftop Sleeper Support. The invalidity or unenforceability, in whole or in part, of any provision herein shall not affect the validity or enforceability of any other provision herein. Failure or delay on the part of either party to exercise any right, power, privilege or remedy herein shall not constitute a waiver thereof. The section headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation of these Sales Terms and Conditions. In the event that any of the terms or conditions of these Sales Terms and Conditions modify or conflict with any provisions, terms, or conditions noted on any Quotation, Sales Order, or Invoice, these terms shall control.

16. NOTICES. Notice to Rooftop Sleeper Support under these Sales Terms and Conditions or any transaction contemplated hereby must be in writing and sent by postage prepaid first-class mail or receipted courier service to the address below or to such other address (including facsimile or email) that Rooftop Sleeper Support may designate from time to time, and will be effective upon receipt.

Rooftop Sleeper Support 844 South 430 West, Heber City, UT 84032

Our products have gone through extensive design, research, development and testing. They are manufactured in the United States. Our products are always in stock and can ship the same day your order is received. We’ve built our business around customer service and quality products. Please call our product professionals with any questions you have or to request a project quote.