Gorilla Shed Terms of Use

We host this at LiveChannel because we can’t transfer you to Gorilla Shed until you have agreed to the transfer terms. This Terms of Use was last updated on LiveChannel on 6/5/2024.

Gorilla Shed Terms of Use (from costco.gorillashed.com)

PAYMENT, CANCELLATIONS, SHIPPING AND DELIVERY, FORMS OF PAYMENT

Payment. The Member (“Member”) agrees to pay Backyard Products LLC DBA Gorilla Shed (“Gorilla Shed”) in accordance with the following (“Payment Terms”):
1. 100% payment for delivery and installation is due in full at time of order
2. Additional Fees or Local Building Permits will be paid separately.
3. Permitted Units: If a permit is required, member may pull their own permit or choose to pay Gorilla Shed to process and procure the permit for a fee
4. Prior to delivery and installation, the member is required to provide Gorilla Shed with the following if required:
  1. Copy of Homeowners Association or Property Owners Association approval
  2. Copy of permit if procuring themselves (or) the following documentation and fees to have Gorilla Shed provide this service
    1. A plot plan and any additional documentation from the local building department are required.
    2. Processing and Procurement Fee/Payment: $299 service fee for this service
      1. Member may choose to pull and procure their own payment or pay Gorilla Shed for this service.
    3. Permit Fees/Payments: All local permit fees must be paid before a permit is submitted for approval.
      1. You will only pay the published permit fees required by your local building departments. Gorilla Shed does not add any markup to the actual permit costs beyond our procurement fee.
    4. 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.
    5. Member has the option to procure their own permit with no additional processing or procurement fee by Gorilla Shed
    6. Permits (or copies) must be provided to Gorilla Shed prior to the start of the installation of the project.
  3. 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.
  4. Gorilla Shed may have extended lead-times beyond the 60/90 day window due to heavy consumer demand or seasonality. If this is the case, you will be informed at the time of your pre-installation consultation. You will have the right to cancel with no penalty and a full 100% refund.
  5. Cancellations may be made in writing via email to customerservice@gorillashed.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 Gorilla Shed shall be subject to any fees or costs incurred by Gorilla Shed related to the Order, including any permit, design or material costs. Any approved refunds shall be processed within thirty (30) days from the date Gorilla Shed receives, in writing, the Order cancellation request.

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.Gorilla Shed cannot guarantee, and is not responsible for, movement of the Product through the Member’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. Member 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 member
INSTALLATION SERVICES
1. Certified Installation Service. Member’s purchase includes Gorilla Shed Certified Installation Service (“Certified Installation”), Member authorizes Gorilla Shed to do the following on Member’s behalf:
  1. Issue a work order for Certified Installation to be performed by a third-party independent contractor (licensed when legally required) certified by Gorilla Shed (“Certified Installer”), at Gorilla Shed’s sole discretion.
  2. Inspect the Certified Installer’s work should Gorilla Shed, in its sole discretion, choose to do so. Member agrees that Gorilla Shed 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 Member or on Member’s behalf, stating that the Certified Installation has been satisfactorily completed (the “Certificate of Completion”).

When installation of the Product is complete, the Member and Certified Installer shall perform a final walk-through inspection and execute a Certificate of Completion. If Member is not available when the installation is complete, the Certified Installer shall perform a final walk-through inspection without Member and execute a Certificate of Completion on Member’s behalf. Gorilla Shed will rely on the Certificate of Completion (whether signed by Member or the Certified Installer on Member’s behalf) in paying the Certified Installer for installation.
The Certified Installer is an Independent Contractor. Member AGREES THAT THE CERTIFIED INSTALLER SHALL PERFORM THE INSTALLATION ACTING AS AN INDEPENDENT CONTRACTOR AND THAT GORILLA SHED SHALL HAVE NO LIABILITY FOR ANY ACT OF THE CERTIFIED INSTALLER. Member FURTHER UNDERSTANDS AND AGREES GORILLA SHED DOES NOT GUARANTEE ANY TIMEFRAMES ASSOCIATED WITH INSTALLATION AND DEFERS TO CONTRACTOR’S SCHEDULE WHEN PLANNING CERTIFIED INSTALLATION.
Services Not Included. Unless otherwise agreed to by Gorilla Shed in writing, Member 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: Gorilla Shed’s network of third-party contractors is limited to certain geographical areas. Member agrees that if the build location is outside of the coverage area Gorilla Shed may cancel and provide member with a 100% refund if the location falls outside of our serviceable area.

Member’s Responsibilities
1. Member represents and warrants that Member’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.
2. Member 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. Gorilla Shed may, at its sole discretion, elect to delay installation of the Product until the concrete foundation is square and level. Gorilla Shed 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. Member is responsible for any design, engineering, labor, or material costs associated with connections to existing foundations. Member 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.
3. Member represents and warrants that, if the product is being installed on a wood foundation that the ground is within 8” of level or additional fees for leveling up the shed will be required. Gorilla Shed will not be installed in an unsafe manor but use of concrete or treated leveling materials will be used to level or shim up the shed foundation as needed. Over 8” will require additional leveling supports, structure and materials for an additional cost.
4. Gorilla Shed 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. Member is responsible for any design, engineering, labor, or material costs associated with connections to existing foundations.
5. Member shall facilitate the location of utility lines and identifying property lines, and shall ensure there are no power lines, cable lines, trees, or other obstructions. Installer will need (3) feet of clear access to site and around the entire structure to complete delivery and installation of product.
6. Member agrees to provide the installer with access to the premises during working hours and not to impede the delivery of the Product including, but not limited to, moving cars, objects or any other personal property that may be an obstruction.
7. Member agrees to provide power within 150’ of the build site for construction.
8. Member agrees not to allow pets, animals, unattended minors or other observers at the installation site during installation.Gorilla Shed is not responsible for injuries or property damage associated with pets interacting with the product.
9. Member agrees that the Premises has clearance of at least three (3) feet from foundation on each side, and three (3) feet above highest point of roof. Member may incur additional costs if there are any obstructions or debris within three (3) feet of the foundation or roof location. Additional charges may apply for elevated work, or any other site conditions that impede the Certified Installer from installing the Product.
10. Member agrees to obtain any permits required by local, state, or federal codes or regulations at its sole cost and expense, and shall keep any permits on display at all times. In the event that the Certified Installer determines that a building permit is necessary and Member has not obtained a building permit, or Member has obtained a building permit but the building permit is deficient, the Certified Installer and Gorilla Shed may suspend Installation until the appropriate building permit is issued. Neither Gorilla Shed nor the Certified Installer shall have any obligation to confirm that Member has an appropriate building permit. Member shall bear any costs associated with suspension of work including, but not limited to, de-mobilization and re-mobilization of tools, equipment, or labor, or moving or demolishing the Product.Member may have Gorilla Shed process and procure permits required for a fee plus cost of required permits
11. Member agrees that if Member or any of its agents/dependents interferes with, or delays, performance of the Certified Installation, Member may be subject to additional transportation or storage charges, or other resulting charges.
12. Any condition of the Premises that is not in the condition represented or promised by Member, or any other condition that is not as represented, agreed to or promised by Member above, shall be deemed an “Unfit Condition” (as further defined in Section 4(a) below).
13. Member is responsible for obtaining any necessary HOA approvals, and is fully liable for any property constraints (such as easements, setbacks, building separation, etc.) that may impact the Product location.

Claims. Member agrees that any claim against Gorilla Shed or the Certified Installer relating to Member’s purchase or the Certified Installation must be made to Gorilla Shed or the Certified Installer within thirty (30) calendar days of the date Member first becomes aware of the issue, or such claim will be deemed waived. Gorilla Shed will attempt resolution of any claim(s) within sixty (60) calendar days of receipt of Member’s notice. Gorilla Shed is not liable for any work not included in the Order.
1. MEMBER AGREES TO PROVIDE GORILLA SHED WITH THE EXACT LOCATION REQUIREMENTS AND ORIENTATION FOR PURCHASED PRODUCTS PRIOR TO INSTALLATION. PRICES QUOTED BY GORILLA SHED FOR INSTALLED PRODUCT ASSUME A LEVEL WORK AREA NOT MORE THAN 100 FEET FROM THE POINT OF DELIVERY. IF THE LOCATION, ORIENTATION, OR ANYTHING ELSE RELATED TO THE PRODUCT CHANGES DURING INSTALLATION, MEMBER SHALL BE RESPONSIBLE FOR ANY ADDITIONAL COSTS ASSOCIATED WITH SUCH CHANGES. MEMBER IS RESPONSIBLE FOR CONFIRMING ALL PROPERTY LINES, SETBACK REQUIREMENTS, SUB-GRADE/SOILS CONDITIONS, OR OTHER APPLICABLE PROPERTY CONDITIONS.
2. Gorilla Shed is NOT liable for issues caused by local/jobsite conditions such as termite infestations, mold growth, tree debris or ice buildup on the roof, improper site drainage, improper foundation placement, corrosive ocean air, or other exposure to natural elements.
DELIVERY AND FORCE MAJEURE
1. This Gorilla Shed product requires an exterior installation. Shipping, delivery, or installation dates provided by Gorilla Shed or Certified Installers are estimates only, and Gorilla Shed does not guarantee that the Product will be shipped, delivered, or installed in accordance with such estimates. Without limiting the generality of the foregoing, Gorilla Shed may delay delivery of the Product without any liability as a result of any delay caused by events outside Gorilla Shed’s reasonable control including, but not limited to, work stoppages, labor difficulties, Gorilla Shed’s inability to obtain necessary materials, components, labor, or manufacturing facilities, or anything else that would in any way impair Gorilla Shed’s ability to deliver the Product in the quantities ordered at the prices quoted. Gorilla Shed 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.
RETURNS
1. Once delivery and installation is complete, returns must be directed to Costco.
LIMITED WARRANTY
1. Gorilla Shed 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 Member’s receipt of the Product, Gorilla Shed will either repair or replace the covered defects. After the initial 12-month period, manufacturer warranties shall apply per the manufacturer warranty terms. Member must notify Gorilla Shed of any claim of defects in the material or workmanship within twelve (12) months after Member’s receipt of the Product. Such notice must be in writing via Email: customerservice@gorillashed.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@gorillashed.com warranty provides the Member specific legal rights. (Member may also have other rights which may vary depending on the state in which he or she resides). Gorilla Shed 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. Gorilla Shed 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. Gorilla Shed also is not liable for damages related to use of an un-permitted unit when a permit is required. Gorilla Shed 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 Member at any time from Gorilla Shed or any vendor or retailer of Gorilla Shed Product shall create any Gorilla Shed express warranty not expressly stated in this Section.
INDEMNIFICATION
1. Member agrees to defend, with counsel approved by Gorilla Shed, all actions against Gorilla Shed, its officers, directors, managers, shareholders, members, 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 Member’s use or misuse of the Product.
2. LIMITATION OF LIABILITY. IN NO EVENT SHALL GORILLA SHED BE LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE THESE TERMS AND CONDITIONS OR CLIENT’S PURCHASE OF PRODUCT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF GORILLA SHED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GORILLA SHED’S AGGREGATE LIABILITY WHETHER IN CONTRACT, WARRANTY, OR TORT, INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, EXCEED THE PRICE PAID BY MEMBER TO GORILLA SHED.
  1. Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to Member, and Member may have additional rights to those contained herein. In such states, Gorilla Shed’s liability is limited to the greatest extent permitted by law.
3. TRADEMARKS AND TRADENAMES
  1. Member 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 Gorilla Shed and that Member shall not acquire any rights in any of the Marks by purchasing the Product. Member shall not make any use of the Marks at any time except as otherwise authorized by Gorilla Shed in writing.
4. ENTIRE AGREEMENT
  1. 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.
5. NO WAIVER
  1. 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.
6. SEVERABILITY
  1. 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.
7. NO ASSIGNMENT
  1. Member agrees that Member may not assign or transfer any of Member’s rights arising out of or related to these terms and conditions or Member’s purchase of Product.
8. ATTORNEYS FEES
  1. Member agrees that if Member fails to timely pay to Gorilla Shed any sums due hereunder and Gorilla Shed sues to collect such sums, Member shall be liable for reasonable fees, including but not limited to, collection fees and any attorney’s fees incurred by Gorilla Shed.
  2. Member hereby agrees to Order the Product at the stated costs and has read and agrees to the TERMS AND CONDITIONS, incorporated herein under this reference. Member understands and agrees that Gorilla Shed reserves the right to change, discontinue or substitute materials as may be deemed necessary to properly fulfill the Order.