A. Payment

The customer (“customer”) agrees to pay Backyard Products LLC DBA Heartland (“Heartland”) in accordance with the following (“Payment Terms”):

• 100% payment for delivery and installation is due in full at time of order.
• Additional Fees or Local Building Permits will be paid separately.
• If a permit is required, customer may pull their own permit or choose to pay Heartland to process and procure the permit for a fee.
• Prior to delivery and installation, the customer is required to provide Heartland with the following if required:
  • Copy of Homeowners Association or Property Owners Association approval
  • Copy of permit if procuring themselves (or) the following documentation and fees to have Heartland provide this service:
    • A plot plan and any additional documentation from the local building department are required.
    • Processing and Procurement Fee/Payment: $299 service fee ($399 in Florida) for this service.
    • All local permit fees must be paid before a permit is submitted for approval.
    • Engineering Fees: If engineering fees are required those will be communicated before any permit procurement or construction can begin along with associated costs for those drawings.
    • Customer has the option to procure their own permit with no additional processing or procurement fee by Heartland.
    • Permits (or copies) must be provided to Heartland prior to the start of the installation of the project.

B. Order Pricing and Cancellations

Order pricing is subject to change if product is not installed within 60 days (2 months) of order date if it is an un-permitted order, or within 90 days (3 months) for permitted order. Cancellations may be made in writing via email to customerservice@heartlandsheds.com within 72 hours (3 business days) of time an Order is placed for a full 100% refund. Any cancellation made 72 hours or more from the time the Order is placed by Heartland shall be subject to any fees or costs incurred by Heartland related to the Order, including any permit, design or material costs. Any approved refunds shall be processed within thirty (30) days from the date Heartland receives, in writing, the Order cancellation request.

C. Shipping & Delivery

Price of product includes delivery and installation of product under normal delivery situations. Site location must have street access for the certified installer to offload the product from his vehicle. Heartland cannot guarantee, and is not responsible for, movement of the Product through the Customer’s private property between the delivery location and the building pad, except as specifically identified in these Terms and Conditions. Certified Installation does include movement of Product within 100 feet from delivery location, assuming there are no obstructions, steps, or significant grade changes along the travel path. Customer understands and agrees that the product delivered does not include any site clearing, grading, foundation, utilities, site preparation, steps, landings, decks, solar, electrical, mechanical, plumbing, or any other materials or work product not specifically defined in the Order. Such additional work is the responsibility of the customer.

D. Installation Services

Customer’s purchase includes Heartland Certified Installation Service (“Certified Installation”), Customer authorizes Heartland to do the following on Customer’s behalf:

• Issue a work order for Certified Installation to be performed by a third-party independent contractor (licensed when legally required) certified by Heartland (“Certified Installer”), at Heartland’s sole discretion.
• Inspect the Certified Installer’s work should Heartland, in its sole discretion, choose to do so. Customer agrees that Heartland has no obligation to perform on-site inspection.
• Pay the Certified Installer after the completion of the Certified Installation and after receipt of a completion certificate, signed by Customer or on Customer’s behalf, stating that the Certified Installation has been satisfactorily completed (the “Certificate of Completion”).
• When installation of the Product is complete, the Customer and Certified Installer shall perform a final walk-through inspection and execute a Certificate of Completion. If Customer is not available when the installation is complete, the Certified Installer shall perform a final walk-through inspection without Customer and execute a Certificate of Completion on Customer’s behalf.
• The Certified Installer is an Independent Contractor. Customer AGREES THAT THE CERTIFIED INSTALLER SHALL PERFORM THE INSTALLATION ACTING AS AN INDEPENDENT CONTRACTOR AND THAT HEARTLAND SHALL HAVE NO LIABILITY FOR ANY ACT OF THE CERTIFIED INSTALLER.
• Services Not Included: Unless otherwise agreed to by Heartland in writing, Customer agrees that the Price for Certified Installation does not include architectural/engineering services, permit submittal fees (permit running), permit fees, plan review fees, impact fees, foundation work including site preparation or structural changes to the land upon which the Product will be installed (the “Premises”) or any other services beyond the ordinary and routine installation of the Product.
• Installation Coverage: Heartland’s network of third-party contractors is limited to certain geographical areas. Customer agrees that if the build location is outside of the coverage area Heartland may cancel and provide customer with a 100% refund if the location falls outside of our serviceable area.

E. Customer’s Responsibilities

Customer represents and warrants that Customer’s Premises is free and clear of debris and vermin, and that any pre-existing physical or environmental hazards or building/zoning code violations are remediated prior to installation. Customer represents and warrants that, if the Product will be installed on an existing concrete slab, the concrete slab is both square and level, with variations no greater than one quarter of one inch (1/4?) per every 10 feet. Heartland may, at its sole discretion, elect to delay installation of the Product until the concrete foundation is square and level. Heartland or its Certified Installer are not responsible for defects in existing foundations, or for verifying the existing foundation is suitable to support the weight of the Product. Customer is responsible for any design, engineering, labor, or material costs associated with connections to existing foundations. Customer is also responsible for ensuring that any concrete flatwork, pavers, landscaping material, or dirt outside of the existing foundation is at least eight inches (8”) below top of foundation.

F. Claims

Customer agrees that any claim against Heartland or the Certified Installer relating to Customer’s purchase or the Certified Installation must be made to Heartland or the Certified Installer within thirty (30) calendar days of the date Customer first becomes aware of the issue, or such claim will be deemed waived. Heartland will attempt resolution of any claim(s) within sixty (60) calendar days of receipt of Customer’s notice. Heartland is not liable for any work not included in the Order.

G. Delivery and Force Majeure

This Heartland product requires an exterior installation. Shipping, delivery, or installation dates provided by Heartland or Certified Installers are estimates only, and Heartland does not guarantee that the Product will be shipped, delivered, or installed in accordance with such estimates. Without limiting the generality of the foregoing, Heartland may delay delivery of the Product without any liability as a result of any delay caused by events outside Heartland’s reasonable control including, but not limited to, work stoppages, labor difficulties, Heartland’s inability to obtain necessary materials, components, labor, or manufacturing facilities, or anything else that would in any way impair Heartland’s ability to deliver the Product in the quantities ordered at the prices quoted. Heartland shall not be responsible for non-performance or delay as a result of acts of God, war, strikes, riots, pandemic or other public health crisis, weather, vendor back-orders or delays, or any other unforeseen condition or event beyond its control.

H. Returns

Once delivery and installation is complete, returns are not allowed unless both Customer and Heartlands agree to such an arrangement.

I. Limited Warranty

Heartland warrants to the original purchaser of the Product that, should there be any defects in the Product material or workmanship during the initial 12 months (one calendar year) from Customer’s receipt of the Product, Heartland will either repair or replace the covered defects. After the initial 12-month period, manufacturer warranties shall apply per the manufacturer warranty terms. Customer must notify Heartland of any claim of defects in the material or workmanship within twelve (12) months after Customer’s receipt of the Product. Such notice must be in writing via Email: customerservice@heartlandsheds.com, setting forth specifically the basis for the claim, and must include photographs of the defect(s). Failure to satisfy the requirements above shall constitute irrevocable acceptance of the Product. All warranty claim notices must be filled out via Email: customerservice@heartlandsheds.com warranty provides the Customer specific legal rights. (Customer may also have other rights which may vary depending on the state in which he or she resides). Heartland is not responsible for damage caused by the location of the Product on or over inappropriate soils or terrain, where manufacturer warranties are excluded or do not apply, or by the use of improper replacement parts. Heartland is not liable and expressly disclaims all liability for damages due to misuse, using the Product for other than what’s specified in the Order or what’s allowed by applicable codes, neglect, improper maintenance or adjustments, and normal wear and tear of the Product. Heartland also is not liable for damages related to use of an un-permitted unit when a permit is required. Heartland reserves the right to change and/or improve the design and/or specifications of the Product without notice or obligation to modify previously produced units. No installation or other instructions, advice, Product information, or marketing materials, whether oral or written, obtained by Customer at any time from Heartland or any vendor or retailer of Heartland Product shall create any Heartland express warranty not expressly stated in this Section.

J. Indemnification

Customer agrees to defend, with counsel approved by Heartland, all actions against Heartland, its officers, directors, managers, shareholders, customers, employees, agents, beneficiaries, successors, and other representatives (the “Indemnified Parties”) with respect to, and to pay, protect, and indemnify and hold harmless all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature arising from or relating to the injury to or death of any person, or damage to or loss of property, caused by or incurred in connection with Customer’s use or misuse of the Product.

K. Trademarks and Tradenames

Customer acknowledges and agrees that all brand names, trade names, and trademarks incorporated onto or associated with the Product (collectively, the “Marks”) purchased hereunder are the exclusive property of Heartland and that Customer shall not acquire any rights in any of the Marks by purchasing the Product. Customer shall not make any use of the Marks at any time except as otherwise authorized by Heartland in writing.

L. Entire Agreement

These Terms and Conditions together with the Order constitute the parties’ entire agreement relating to the subject matter hereof and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to such subject matter. No modification to these Terms and Conditions will be binding unless in writing and signed by each party.

M. No Waiver

No waiver of any provision of these terms and conditions or delay by either party in enforcement of any right hereunder shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.

N. Severability

In the event any provision herein should be held unenforceable by a court of competent jurisdiction, such court is hereby authorized to amend such provision so that it will be enforceable to the fullest extent permitted by law, and all remaining provisions shall continue in full force without being affected, impaired, or invalidated thereby in any way.

O. No Assignment

Customer agrees that Customer may not assign or transfer any of Customer’s rights arising out of or related to these terms and conditions or Customer’s purchase of Product.