Backyard Pod Terms and Conditions

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Backyard Pod Terms and Conditions

Contact Information
Backyard Pod
4213 Todd Lane
Austin, Texas 78744
Email: info@backyardpod.com
Website: www.backyardpod.com
Phone: 844-476-7637
Instagram: @backyard_pod

Overview

Welcome to Backyard Pod, where we specialize in the design and construction of high-quality small spaces. This document outlines the Terms and Conditions applicable to the purchase and installation of our pods. Our goal is to ensure that the process from selection to installation is seamless, transparent, and satisfies your needs.

By purchasing a pod from Backyard Pod, you agree to be bound by these Terms and Conditions, which serve as a legal agreement between you, the client, and Backyard Pod, the provider. These terms cover all aspects related to the purchase, including but not limited to, the ordering process, payment, installation, warranties, and after-sales support.

We encourage you to read this document carefully before finalizing your purchase. Understanding these terms ensures that both parties share the same expectations and understand their respective rights and responsibilities. If you have any questions or need further clarification regarding any of the provisions outlined herein, please do not hesitate to contact us at your convenience.

Thank you for choosing Backyard Pod. We are excited to help you expand your living space with a touch of elegance and efficiency.

Definitions

  • “Backyard Pod” (also referred to as “we”, “us”, “our”): Backyard Pod LLC, a tiny home building company based in Austin, Texas, and its representatives involved in the design, sale, and installation of the pods.
  • “Client” (also referred to as “you”, “your”): Any individual, company, or entity that enters into a contract with Backyard Pod to purchase a pod.
  • “Pod”: Any tiny home or structure designed and constructed by Backyard Pod, including all models and custom designs offered.
  • “Permit”: Any legal authorization required from local, state, or federal government bodies necessary for the installation and use of a pod on a specified property.
  • “HOA” (Homeowners Association): A governing body that oversees the management of a residential community and enforces the covenants, conditions, and restrictions of that community.
  • “Installation”: The process of setting up and securing a pod at the Client’s designated location, performed by or supervised by representatives of Backyard Pod.
  • “Site”: The specific location owned or legally occupied by the Client where the pod is to be installed.
  • “Customization”: Any modifications or additions to the standard pod designs offered by Backyard Pod, as requested by the Client and agreed upon by Backyard Pod.
  • “Permit Plan Set”: A comprehensive set of architectural and structural drawings, along with a site plan, necessary for submitting a permit application. The scope of work for the Permit Plan Set includes the preparation of these plans, which may incorporate a few customizations requested by the Client that differ from our standard plans. Additionally, the scope encompasses the completion of the permit application, submission of the application to the appropriate authorities, and follow-up on any comments or requests for additional information from the city or other regulatory bodies. Should the project require extensive modifications beyond the initial agreed customizations, incremental costs may be billed to accommodate the additional work required.
  • “Warranty”: The guarantee provided by Backyard Pod, covering specific aspects of the pods against certain defects in materials and workmanship under normal use and conditions.

General Terms of Sale

Product Descriptions

  • Each pod purchased from Backyard Pod is detailed on the sales invoice, which serves as the definitive description of the product. The invoice will include all pertinent information regarding the pod, including but not limited to:
    • Model Name/Number: The specific model or custom design of the pod ordered.
    • Dimensions: The dimensions of the pod, including length, width, and height.
    • Materials Used: The types of materials used in the construction of the pod.
    • Features: A list of all features included in the model, such as windows, doors, insulation, and any built-in furniture or appliances.
    • Customizations: Details of any modifications or custom features requested by the Client and agreed upon by Backyard Pod.
  • The invoice will act as the primary reference document for the product specifications and includes all components, materials, features, and customizations that are part of the purchase. Clients are encouraged to review their invoice thoroughly upon receipt to ensure that all product details are correct and meet their expectations.
  • Descriptions provided in marketing materials, brochures, or on our website are for general informational purposes only and may not reflect the exact specifications of your pod. The invoice will provide the final and binding product description.
  • By agreeing to these Terms and Conditions, the Client confirms that they accept the product specifications as listed on the invoice. Any discrepancies or concerns regarding the product description must be addressed prior to finalizing the sale.

Pricing

  • The pricing for each Backyard Pod is clearly outlined on the sales invoice provided to the client. This invoice includes the total cost, covering customizations, materials, and features specific to the client’s order.
  • Construction projects may face unforeseen circumstances beyond our control. In such cases, we will promptly notify the client of any potential impact and provide an estimate of any additional costs that may arise. If material costs increase by more than 5%—whether due to general market conditions or tariffs—between the date of the sales invoice and the start of construction, the cost difference will be reflected in the pricing. Clear documentation will be provided to substantiate any adjustments.
  • Price Adjustment Clause: In the event that the cost of materials or related inputs rises by more than five percent (5%) during any one-month period following the execution of this Contract (as determined by industry-recognized indexes or supplier invoices), we reserve the right to adjust the Contract Price to fairly reflect such increased costs. The adjustment, if applied, will be limited to the documented additional costs directly attributable to the price fluctuation. The Client shall be notified in writing of any required price adjustments, and both parties agree to cooperate in good faith to amend the Contract as necessary in response to material cost changes.
  • If the installation of the Backyard Pod is delayed by the client and does not commence within two months of the originally scheduled start date, pricing may also be subject to changes due to fluctuations in material costs. Clients will be promptly informed of any price modifications caused by such delays, including adjustments for increased material costs, extended general conditions, and any related expenses incurred.
  • The cost associated with trenching and utility connections provided in the invoice is an estimate and will not be finalized until the installation phase. These costs are subject to change and will be finalized once the trenching is complete and utilities are connected. Additionally, any obstacles in trenching will result in a higher cost (unknown underground obstacles, retaining walls, sidewalks, etc.)
  • Certain costs are not included in the standard pricing and will be billed additionally as outlined below:
    • Permit Fees to Outside Agencies
    • Surveys required by outside agencies
    • Landscaping work
    • Rock saw rental and rock removal
    • Additional engineering and architectural services required by certain jurisdictions
    • Additional fees for challenging material delivery locations

Contingency Fund

  • For projects requiring permits, a contingency fund may be added to the overall project budget. This fund is designed to cover permit fees and any other compliance requirements that may arise during the permitting process.
  • The contingency will also be utilized for any unforeseen costs related to the building process. The specific amount and terms related to the contingency fund will be detailed on the sales invoice and discussed with the Client.

Payment Schedule

The payment structure varies based on the type of the Backyard Pod being installed.

Pod Essentials
  • Initial Deposit: $500 at booking
  • Scheduling Fee: 50% of total cost before scheduling installation
  • Progress Payment: 25% after framing, siding, roofing, doors, and windows
  • Final Payment: 25% after final walkthrough with the Client
Pod Living and Pod Villa
  • Initial Deposit: $2,500 at booking
  • Permit Payment: 25% before permit applications
  • Pre-Construction Payment: 25% before construction
  • Progress Payment: 25% after framing, siding, roofing, doors, and windows
  • Final Payment: 25% after final walkthrough with the Client

The company may request a 95% payment when the product is complete and is being used by the Client, while few cosmetic items are outstanding (accessories on backorder, paint and stain touch up, and other items that may be contingent on external forces, such as weather and supplier backlogs).

Payment Methods

  • Payments can be made via Zoho Electronic Payment, check, or credit card. For credit card payments, a 3.5% processing fee will be added to each transaction to cover processing costs.

Late Payments

  • If a payment is not received by the due date, Backyard Pod reserves the right to halt the installation process and retain any payments made up to that point. On late payments, interest shall accrue on any past due sums at the greater of 18% A.P.R. or the highest interest rate allowed by law.

Installation

Preparation Requirements

  • Site Clearance: The installation site must be clear of all debris, and accessible for installation activities. This includes the removal or trimming of any trees or branches that may interfere with the installation space. If these obstructions are not cleared before our installation team arrives, they may need to cut them down during the installation, potentially incurring additional charges.
  • Workspace Clearance: There must be at least 2 feet of clear space around the designated location for the Pod to allow our installers to work safely and efficiently.
  • Site Access Information: All necessary access information must be provided in advance, including codes to any gates or barriers. This ensures that our team can access the site without delays.
  • Safety Measures: All pets must be removed from the site during installation to ensure their safety and the safety of our installation team. Children are not allowed on the site during construction to prevent any accidents and ensure a safe working environment.
  • Vehicle Relocation: All vehicles must be removed from the driveway or any other areas needed for the installation. This clearance is necessary to allow our trailers to park and facilitate the delivery and unloading of materials. We will need access to the driveway during the initial stages for the first several days. After that, access to the driveway will be required during our progress deliveries.
  • Utility Access: Access to electrical and water outlets must be provided for the duration of the installation. If such access is not available, additional fees may be incurred for the use of generators and other alternative sources.
  • Trailer Parking: Our trailers might be left on the street or in the driveway overnight. We ensure that all necessary precautions are taken to secure the site and materials. Trailers may be required to stay on site for several days during the early stages of the project.
  • Underground Utilities: The client is responsible for facilitating the identification of underground utilities to ensure that the installation process does not interfere with existing services, which is essential for preventing damage and ensuring safety. Backyard Pod will initiate a call to 811 on the client’s behalf to locate public utilities, and the client will provide necessary site access. Additionally, the client must identify and communicate the presence of any non-public utilities, such as internet cables and sprinkler systems, especially in areas where these may intersect with the installation activities. These utilities should be adequately exposed and/or modified by the client to prevent any accidental damage or future issues that may arise from installation of the pod. Should the client fail to do so, Backyard Pod will not be held responsible for any resultant damages.

Permitting and Compliance

  • Permitting: The client is responsible for obtaining all necessary permits and approvals required for the installation and use of the pod, unless otherwise specified in the contract. Backyard Pod will assist in preparing and submitting permit applications, as well as providing required documentation, such as architectural and structural drawings (Permit Plan Set). Any additional costs incurred for permits, inspections, or regulatory compliance will be billed to the client unless otherwise agreed in writing.
  • HOA and Local Compliance: The client must ensure compliance with all applicable Homeowners Association (HOA) rules, deed restrictions, and municipal or county codes. Backyard Pod is not responsible for delays or additional costs resulting from non-compliance with these requirements.
  • Site Access and Limitations: The client must provide clear and legal access to the installation site. Any limitations, such as easements, setbacks, or restricted access, must be disclosed prior to installation. Additional costs incurred due to undisclosed site limitations will be billed to the client.

Construction Timeline

  • Estimated Timeline: Backyard Pod will provide an estimated timeline for the completion of the project. This timeline is subject to change based on permitting, weather conditions, supply chain disruptions, or other unforeseen circumstances.
  • Delays: Backyard Pod will notify the client of any significant delays and provide updated completion estimates. The company is not liable for delays caused by circumstances beyond its control, including but not limited to acts of God, government actions, or client-caused delays.

Change Orders

  • Requesting Changes: Any changes to the scope of work, materials, or design after the contract is signed must be requested in writing and approved by Backyard Pod. Change orders may result in additional charges and/or extensions to the project timeline.
  • Documentation: All approved change orders will be documented, and the client will receive an updated invoice reflecting any cost or timeline adjustments.

Warranty

  • Coverage: Backyard Pod provides a limited warranty covering defects in materials and workmanship for a period specified in your purchase documents (typically one year from the date of substantial completion).
  • Exclusions: The warranty does not cover damage caused by misuse, neglect, improper maintenance, unauthorized modifications, or normal wear and tear. The warranty is void if repairs or alterations are made by anyone other than Backyard Pod or its authorized representatives.
  • Claims: To make a warranty claim, the client must notify Backyard Pod in writing within the warranty period and provide reasonable access for inspection and repair.

Maintenance

  • Routine Maintenance: The client is responsible for maintaining the pod in accordance with the maintenance guidelines provided by Backyard Pod. This includes, but is not limited to, inspecting the roof and exterior, cleaning gutters, checking for leaks, and maintaining seals around windows and doors.
  • Seasonal Care: During periods of heavy rain, snow, or freezing temperatures, additional care may be required to protect the pod from weather-related damage.
  • Failure to Maintain: Damage resulting from lack of maintenance or neglect is not covered under warranty.

Cancellations and Refunds

  • Deposits: All deposits are non-refundable unless otherwise specified in writing.
  • Cancellations: If the client cancels the project after production has begun, the client may be responsible for additional costs incurred up to the date of cancellation, including materials, labor, and administrative expenses.
  • Backyard Pod Cancellation: Backyard Pod reserves the right to cancel the contract and refund any payments received if the company is unable to complete the project for reasons beyond its control.

Limitation of Liability

  • No Consequential Damages: Backyard Pod shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to the purchase, installation, or use of the pod.
  • Maximum Liability: The maximum liability of Backyard Pod under this agreement shall not exceed the total amount paid by the client for the pod.

Privacy Policy

  • Information Use:

    SMS Registration Disclosures

    • You will receive order updates and promotional offers via SMS.
    • You may receive up to 4 messages per month.
    • Message and data rates may apply.

    SMS Opt-Out and Help Instructions

    • To unsubscribe from SMS messages, text STOP to unsubscribe.
    • For assistance, text HELP for support.
    • These instructions apply wherever SMS registration or messaging is mentioned.

    Privacy Policy

    For more information, please review our full Privacy Policy:
    https://www.backyardpod.com/privacy-policy-1-1

Dispute Resolution

  • Governing Law: These Terms and Conditions are governed by the laws of the State of Texas.
  • Resolution: Both parties agree to attempt to resolve any disputes in good faith through negotiation. If a resolution cannot be reached, disputes will be resolved through mediation or binding arbitration in Travis County, Texas, unless otherwise agreed in writing.

Changes to Terms

  • Updates: Backyard Pod reserves the right to update these Terms and Conditions at any time. Updates will be posted on the company website and will apply to all future purchases.

Entire Agreement

  • Agreement: These Terms and Conditions constitute the entire agreement between the client and Backyard Pod regarding the purchase and installation of pods, superseding all prior agreements or understandings.