Additional Terms and Conditions

Last Updated: October 10, 2025

These Additional Terms and Conditions (“Terms”) are incorporated by reference into the Sales Agreement (“Agreement”) and constitute a legally binding contract between the customer (“Customer”) and DIY Pole Barns, its affiliates, and agents (“Company”). Placement of an order or use of the Company’s website constitutes the Customer’s unconditional acceptance of these Terms.

1. Customer Acknowledgements & Responsibilities

Compliance with Local Laws: Customer is solely and exclusively responsible for ensuring all products purchased comply with all local zoning regulations, building codes, permitting requirements, and any other applicable local laws.
Engineering Specifications: Customer acknowledges that standard pricing and engineering are based solely on the design criteria listed in the executed Sales Agreement and supporting stamped plans, if any. Customer shall bear all additional costs required to meet any local or site-specific code provisions that exceed those criteria.
Proper Installation: The Company is not liable for any damages, defects, or the voiding of warranties resulting from the Customer's failure to construct the product in strict accordance with the provided building plans.
Accuracy of Customer-Provided Information: The Company will rely on all information, specifications, and drawings provided by the Customer. The Customer is solely responsible for the accuracy and completeness of such information. The Company bears no responsibility for issues arising from incorrect or incomplete data supplied by the Customer.

2. Color Selection and Disclaimer

Digital Color Disclaimer: The Customer acknowledges that all preliminary color representations are for general reference and planning purposes only. This includes colors displayed on the Company’s website, in digital proofs, and in any printed materials such as brochures or paper charts. Due to inherent variations in digital displays (monitor calibration, device settings) and printing processes (ink, paper stock), the Company cannot guarantee color accuracy for these preliminary representations.
Controlling Color Samples: Following the purchase, the Company will provide the Customer with physical, true-to-finish samples for all products and components for which a color selection is specified in the Sales Agreement. These physical samples supersede all previous representations and shall serve as the final and controlling color standard for the entire order.
Color Approval: Physical color samples are deemed delivered when mailed, shipped, or otherwise made available to the Customer. Submission of the Color Acceptance Form through the Client Portal constitutes the Customer’s written acknowledgment that all color selections have been reviewed and approved in full.

3. Pricing, Taxes, and Modifications

Quotations and Pricing: All price quotations are valid for a period of fifteen (15) days unless otherwise stated. Prices listed on the website are subject to change without notice prior to the execution of a final Sales Agreement. The price is considered final and binding only when stated in the executed Sales Agreement.
Taxes: All prices are exclusive of federal, state, and local sales, use, excise, or other similar taxes. The Customer is responsible for the payment of all applicable taxes levied in connection with the purchase of the product.
Change Orders: No modifications or changes to product specifications shall be effective after the “Final Approval Date” (as defined in Section 4) unless set forth in a written Change Order executed by both the Customer and an authorized representative of the Company. The Customer acknowledges that prices may be subject to reasonable adjustment to reflect documented increases in freight or material costs incurred between quotation and shipment. Any such adjustment shall be communicated to the Customer in writing and shall not exceed the actual, verifiable increase experienced by the Company or its suppliers.
Material Substitutions: The Company reserves the right to substitute any material or component with an item of equivalent or superior quality, specification, and function should the originally specified item become unavailable. Company will use commercially reasonable efforts to notify Customer of any such substitution.

4. Orders, Refunds, and Returns

Finality of Sale and Dual Approvals: The Customer acknowledges that the project is finalized through two separate and binding approvals submitted via the Client Portal.
- Upon the Customer's submission of the "Layout Approval Form" via the Client Portal, all structural and dimensional product specifications become final and binding.
- Upon the Customer's submission of the "Color Acceptance Form" via the Client Portal, all color and finish specifications become final and binding.
Cancellation and Refunds: An order is considered final and is entered into the production and material procurement schedules only after both the Layout Approval Form and the Color Acceptance Form have been submitted by the Customer. The date and time that the last of these two forms is submitted shall be known as the "Final Approval Date." The opportunity to cancel for a refund is strictly limited. A request to cancel must be received in writing by electronic mail to the Company’s designated address within twenty-four (24) hours of the Final Approval Date. After this 24-hour period has expired, the order is fully and unconditionally non-refundable, as the Company will have committed resources and initiated irreversible manufacturing and material procurement processes.
Returns: For clarity, the cancellation process described above is distinct from a product return. As all products are custom-manufactured and compiled based on the Customer's final, binding approvals, the Company does not accept returns of any delivered products for any reason. All sales are final upon the expiration of the 24-hour cancellation window.

5. Shipping, Risk of Loss, and Inspection

Risk of Loss and Shipping Responsibility: All materials are shipped FOB Shipping Point from the manufacturer’s or supplier’s facility. Title and risk of loss shall transfer to the Customer upon delivery of the materials to the freight carrier at such facility. The Customer acknowledges and agrees that the Company does not manufacture or transport the materials and, therefore, shall not be liable for any loss, damage, delay, or shortage occurring after the materials have been delivered to the carrier.
Claims Assistance and Customer Duties: Notwithstanding the foregoing, as a courtesy and without assuming any liability, the Company will provide reasonable assistance to the Customer in submitting and pursuing any valid claim with the responsible carrier or manufacturer. To preserve the Customer’s rights in connection with any such claim, the Customer must: a) inspect all materials upon delivery; b) note any visible loss, damage, or shortage on the delivery receipt at the time of delivery; and c) notify the Company in writing within fourteen (14) calendar days of delivery, accompanied by clear photographic evidence of any damage.
Forfeiture of Claims: Failure to comply with these inspection and reporting requirements shall constitute the Customer’s unconditional acceptance of the materials as delivered and shall release the Company from any further responsibility related to shipping, loss, or damage.

6. Third-Party Contractors and Installation Services

Independent Contractor Status: Customer acknowledges that any person or company hired to assemble or construct the pole barn kit (“Contractor”) is an independent contractor hired solely by the Customer. No Contractor shall be deemed an agent, employee, partner, or joint venturer of the Company for any purpose.
Customer's Sole Responsibility: The Customer is solely responsible for vetting, selecting, hiring, supervising, and paying any Contractor. The Customer assumes all risk associated with the Contractor’s work and must ensure the Contractor carries their own liability and workers' compensation insurance.
Referrals Disclaimer: Any list of contractors provided by the Company is a courtesy referral only and does not constitute an endorsement, recommendation, or warranty of any kind. The Customer must perform their own due diligence before entering into an agreement with any Contractor.
Release of Liability and Indemnification: The Customer hereby releases and forever discharges the Company from any and all claims and liabilities arising out of or in any way connected with the acts or omissions of the Customer's chosen Contractor. Furthermore, the Customer agrees to indemnify and defend the Company against any claims brought against the Company arising from the work performed by the Contractor.

7. Limited Lifetime Warranty and Disclaimers

Limited Lifetime Warranty: The Company provides a Limited Lifetime Warranty ("Warranty"), the full terms of which are detailed in the official Warranty Document provided to the Customer and incorporated herein by reference. "Lifetime" is defined as fifty (50) years from the original purchase date. This Warranty is non-transferable and subject to numerous limitations.
Exclusive Remedy: The Customer's sole and exclusive remedy under the Warranty shall be a pro-rated refund or exchange for the specific failed building component, at the Company’s discretion. The Company is not responsible for any costs of delivery, labor, repair, removal, or installation associated with any warranty claim. No warranty claim will be honored unless the Customer’s account is paid in full.
Purchaser's Obligations: As a precondition to warranty coverage, the Customer must pursue all available remedies under any applicable insurance agreements before making a claim and follow the formal claim process detailed in the Warranty Document.
Manufacturer Warranties: For certain components, a manufacturer’s warranty may apply and, in such cases, shall supersede any applicable Company warranty.
General Disclaimer: THE LIMITED LIFETIME WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED. THE COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

For the purposes of this section and Section 9, "Company Parties" shall include DIY Pole Barns, its owners, parent companies, subsidiaries, affiliates, and each of their respective officers, directors, employees, contractors, agents, licensors, and suppliers.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE SALE OR USE OF THE POLE BARN KIT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO THE COMPANY.

9. Indemnification

Customer shall indemnify, defend, and hold harmless all Company Parties from and against any and all claims, demands, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or in connection with: (a) Customer’s breach of any of these Terms; (b) the negligence or willful misconduct of the Customer, its agents, or contractors; (c) Customer’s improper installation, use, or modification of the product; or (d) Customer's violation of any law or the rights of a third party. This indemnity shall not apply to the extent any claim arises from the gross negligence or willful misconduct of the Company.

10. Website Use and Intellectual Property

Permitted Use: The Company website and its contents are intended solely for personal, non-commercial use by users to evaluate and purchase products.
Prohibited Conduct: Customer shall not: (a) copy, modify, or distribute website content; (b) use any data mining, robots, or similar data gathering methods; or (c) attempt to gain unauthorized access to the website or its related systems.
Intellectual Property: All content on the website, including text, graphics, logos, images, and building plans, is the property of the Company or its suppliers and is protected by U.S. and international copyright and trademark laws.
Third-Party Links: The website may contain links to sites owned by third parties. The Company is not responsible for the content or practices of such sites.

11. Governing Law and Dispute Resolution

Governing Law: This Agreement shall be governed by the laws of the State of Ohio.
Mandatory Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved by binding arbitration conducted before a single neutral arbitrator mutually selected by the parties. If the parties are unable to agree upon an arbitrator within thirty (30) days after written notice of a demand for arbitration, either party may petition the Court of Common Pleas of Darke County, Ohio, to appoint a retired judge or attorney solely for the purpose of selecting the arbitrator. The arbitration shall be conducted in Darke County, Ohio, pursuant to simplified procedures agreed upon by the parties. Each party shall bear its own attorneys’ fees and costs of arbitration, unless otherwise required by law or awarded by the arbitrator. The arbitrator’s award shall be final and binding on the parties, and judgment upon the award may be entered in any court of competent jurisdiction. The parties agree that this arbitration provision shall be governed by and enforceable under the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
Waiver of Jury Trial: EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT.
Exclusive Jurisdiction: The parties agree that any legal action or proceeding arising out of or related to this Agreement that is not subject to arbitration shall be brought exclusively in the state courts of Darke County, Ohio, or in the United States District Court for the Southern District of Ohio.

12. General Provisions

Electronic Communications: Customer consents to receive communications from the Company electronically and agrees that all such communications satisfy any legal requirement that they be in writing.
Force Majeure: The Company shall be excused for delay in performance when such delay is the result of or attributable to causes beyond its reasonable control. Force Majeure events include, but are not limited to, acts of God, natural disasters, strikes, labor disputes, material shortages, governmental actions, transportation delays, or any other cause beyond the reasonable control of the Company.
Assignment: The Customer may not assign or transfer any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the Company.
Headings: Headings are for convenience only and shall not affect interpretation of these Terms.
Counterparts and Electronic Signatures: These Terms may be executed and delivered electronically and in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.
Severability: If any term of this Agreement is found to be invalid or unenforceable, such invalidity shall not affect any other term or provision of this Agreement.
Survival: The provisions of these Terms which by their nature should apply beyond the completion of the sale shall survive, including, but not limited to, Sections 7, 8, 9, and 11.
Relationship of the Parties: Nothing in this Agreement shall be construed as creating any agency, partnership, or joint enterprise between the parties.
No Waiver: The failure by the Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Notices: All notices, requests, consents, claims, demands, and other communications hereunder shall be in writing. Notices to the Customer will be sent to the email address provided in the Sales Agreement. Notices to the Company must be sent by certified or registered mail, return receipt requested, to the Company's address as listed on its website. Electronic notice to the Company through its Client Portal or designated email address shall satisfy this requirement if receipt is confirmed by the Company in writing.
Entire Agreement: These Terms, together with the Sales Agreement, the Warranty Document, and the Privacy Policy, constitute the entire and exclusive agreement between the parties and supersede all prior understandings.