TERMS & CONDITION
Terms and Conditions
Effective Date: June 21, 2026
Last Updated: June 21, 2026
These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (“you,” “your,” the “Customer,” or “User”) and Backyarddiscoverys (“Backyarddiscoverys,” “we,” “us,” or “our”) governing your access to and use of our website at backyarddiscoverys.com (the “Site”) and your purchase of any products or services from us. By accessing the Site, requesting a quote, placing an order, or otherwise transacting with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Site or purchase our products.
1. Acceptance of Terms
By using the Site or purchasing our products, you accept these Terms in full. These Terms apply to all visitors, users, and customers. We reserve the right to refuse service, decline or cancel orders, and restrict access to the Site at our sole discretion, subject to applicable law. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms.
2. Definitions
For purposes of these Terms, the following definitions apply:
- “Products” means the goods we offer for sale, including new and used shipping containers (20ft, 40ft, and high cube), refrigerated containers, modified and custom containers, specialized containers, cabins, enclosed trailers, horse trailers, and equipment trailers.
- “Order” means your offer to purchase Products from us submitted through the Site, by telephone, by email, or by other means.
- “Order Confirmation” means our written acceptance of your Order, which forms a binding contract between you and us.
- “Quote” means a written or verbal price indication provided by us, which constitutes an invitation to treat and not a binding offer.
- “As-Is” means a Product sold in its existing condition, with imperfections disclosed to the extent reasonably practicable, without any further warranty as to condition.
- “Business Day” means any day other than a Saturday, Sunday, or federal holiday observed in the United States.
3. Eligibility
To purchase Products or enter into a contract with us, you must be at least eighteen (18) years of age and possess the legal authority and capacity to enter into a binding agreement. If you are placing an Order on behalf of a business, organization, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms. By transacting with us, you represent and warrant that you meet these eligibility requirements.
4. Quotes, Orders & Contract Formation
A Quote provided by us is an invitation to treat and does not constitute a binding offer to sell. Quotes are valid only for the period stated therein or, if no period is stated, for fourteen (14) days, and are subject to availability and to correction of errors. When you place an Order, you are making an offer to purchase Products subject to these Terms. No contract is formed until we issue a written Order Confirmation. We reserve the right to accept or decline any Order, in whole or in part, for any lawful reason, including but not limited to product unavailability, errors in pricing or product information, suspected fraud, or inability to verify payment or identity. If we decline an Order for which you have already paid, we will refund the amount paid for the declined portion.
5. Product Information & Descriptions
We make reasonable efforts to describe our Products accurately. However, used and refurbished Products are sold subject to normal cosmetic wear, including surface rust, dents, scratches, paint variations, and other imperfections consistent with their prior use. Photographs, illustrations, dimensions, and specifications displayed on the Site or in marketing materials are for illustrative purposes only and may not depict the exact unit you receive. Actual color, condition, and configuration may vary. Container and trailer dimensions and capacities are approximate and subject to manufacturing tolerances.
6. Pricing & Errors
All prices are stated in United States Dollars (USD) and are exclusive of applicable taxes, shipping, and other charges unless expressly stated otherwise. Prices are subject to change at any time without notice; however, the price applicable to your purchase is the price set forth in our Order Confirmation. Despite our reasonable efforts, Products may occasionally be mispriced or described in error. We reserve the right to correct any errors, inaccuracies, or omissions and to cancel or refuse any Order arising from such errors, even after an Order has been submitted or acknowledged. If a Product’s correct price is higher than the stated price, we may, at our discretion, contact you for instructions before processing the Order or cancel the Order and notify you.
7. Payment Terms
We accept the following payment methods: credit and debit cards; digital wallets (Amazon Pay, Cash App Pay, and Link); financing through Klarna and Affirm; and bank transfer (ACH and wire). Full payment, or approved financing, is required before we process and ship your Order. Financing is subject to approval by the applicable third-party provider and to that provider’s separate terms.
Retention of Title. Notwithstanding delivery and the passing of the risk of loss, legal title to and ownership of any Product remains with Backyarddiscoverys LLC until we have received payment in full for that Product in cleared funds. Until full payment is received, you may not sell, encumber, pledge, or otherwise dispose of the Product, and we reserve the right to repossess it in the event of non-payment, to the extent permitted by law.
For complete details, please review our Payment Policy.
8. Taxes
You are responsible for all applicable sales, use, excise, and other taxes arising from your purchase, except where you provide a valid exemption certificate accepted by us. Tax is calculated based on the applicable jurisdiction and is added to your Order total where required by law. For more information, please review our Sales Tax Policy.
9. Shipping & Delivery
We offer flat-rate shipping of $350 within the continental United States. Estimated delivery is 3–14 Business Days after cleared payment. Delivery time frames are estimates only and are not guaranteed; we are not liable for delays caused by carriers, weather, site conditions, or other factors beyond our reasonable control.
Risk of Loss. Risk of loss and damage to a Product passes to you upon delivery to the address you provide. For full details, please review our Shipping Policy.
10. Site Preparation & Customer Responsibilities
You are solely responsible for ensuring that the delivery site is safe, accessible, and adequately prepared to receive the Product. This includes, without limitation:
- Providing clear, unobstructed access suitable for delivery vehicles, which may include large trucks and tilt-bed or roll-off carriers;
- Ensuring the ground is level, stable, and capable of supporting the Product;
- Obtaining all permits, approvals, easements, and authorizations required by your local jurisdiction, homeowners’ association, or property owner;
- Identifying and avoiding underground or overhead utilities, structures, and other hazards.
If the delivery site is inaccessible or unprepared, additional charges, redelivery fees, or relocation costs may apply, and we shall not be responsible for any resulting delays or damage.
11. Inspection & Acceptance
You must inspect each Product carefully at the time of delivery. If a Product arrives damaged or does not conform to your Order, you must note the issue on the delivery documentation where possible and report it to us in writing within forty-eight (48) hours of delivery, including supporting photographs. Failure to report damage or nonconformity within this period constitutes acceptance of the Product in its delivered condition, and you waive any related claim to the fullest extent permitted by law.
12. Returns, Refunds & Cancellations
We offer a 30-day money-back guarantee on standard, unmodified items, subject to the conditions set forth in our Returns and Refunds Policy. Shipping charges and the cost of any custom modifications are non-refundable. Custom, modified, and specialized Products built or altered to your specifications are not eligible for return except in the case of a defect attributable to us. Restocking fees and return shipping costs may apply. For complete terms governing returns, refunds, and cancellations, please review our Returns and Refunds Policy.
13. Warranties & Disclaimers
Used Products are sold “as-is” and “where-is,” with all faults and with imperfections disclosed to the extent reasonably practicable, and without any warranty of any kind. New Products may carry a limited manufacturer warranty, in which case the terms of that warranty are provided by, and are solely the responsibility of, the manufacturer.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED HEREIN OR IN AN APPLICABLE MANUFACTURER WARRANTY, ALL PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE (EXCEPT AS TO RETENTION OF TITLE STATED HEREIN), AND NON-INFRINGEMENT. The Site and its content are provided on an “as available” basis without warranty of uninterrupted or error-free operation.
14. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Backyarddiscoverys , its members, officers, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of business, loss of use, or loss of data, arising out of or relating to these Terms, the Site, or any Product, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages. In all cases, our aggregate liability arising out of or relating to any Product or Order shall not exceed the amount actually paid by you for the Product giving rise to the claim. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.
15. Indemnification
You agree to indemnify, defend, and hold harmless Backyarddiscoverys and its members, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) your breach of these Terms; (b) your misuse of the Site or any Product; (c) your violation of any law or the rights of any third party; (d) the installation, placement, modification, or use of any Product after delivery; or (e) your failure to obtain required permits or to properly prepare the delivery site.
16. Intellectual Property
All content on the Site, including text, graphics, logos, images, photographs, product descriptions, designs, and software, is the property of Backyarddiscoverys or its licensors and is protected by United States and international intellectual property laws. You may not copy, reproduce, distribute, modify, republish, or create derivative works from any content without our prior written consent. The names, trademarks, and logos of Backyarddiscoverys may not be used without our express written permission.
17. User Accounts & Acceptable Use
If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate and complete information and to keep it current. You agree not to:
- Use the Site for any unlawful, fraudulent, or unauthorized purpose;
- Attempt to gain unauthorized access to the Site, other accounts, or our systems;
- Introduce viruses, malware, or other harmful code;
- Interfere with or disrupt the operation of the Site;
- Scrape, harvest, or collect data from the Site without our consent;
- Submit false, misleading, or fraudulent information or Orders.
We reserve the right to suspend or terminate any account that violates these Terms.
18. Electronic Communications & Consent
By using the Site, placing an Order, or providing your contact information, you consent to receive communications from us electronically, including by email and, where you have provided a telephone number, by telephone or text message regarding your Order. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions provided; however, we may continue to send you transactional communications relating to your Order.
19. Third-Party Links & Services
The Site may contain links to third-party websites or services, including payment and financing providers such as Klarna and Affirm. These links are provided for your convenience only. We do not control and are not responsible for the content, policies, or practices of any third party. Your use of third-party services is governed by their respective terms and privacy policies, and we encourage you to review them.
20. Force Majeure
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, government action, labor disputes, supply chain disruptions, carrier delays, pandemics or epidemics, and failures of utilities or telecommunications. During any such event, our affected obligations shall be suspended for the duration of the event.
21. Assignment
You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without our prior written consent, and any attempted assignment in violation of this section is void. We may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.
22. Suspension & Termination
We may, at our sole discretion and without prior notice, suspend, restrict, or terminate your access to the Site or your account, and decline or cancel Orders, if we believe you have violated these Terms or engaged in fraudulent, unlawful, or harmful conduct. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations. Provisions that by their nature should survive termination — including retention of title, disclaimers, limitation of liability, indemnification, and dispute resolution — shall survive.
23. Governing Law & Jurisdiction
These Terms and any dispute arising out of or relating to them or your purchase shall be governed by and construed in accordance with the laws of the State , without regard to its conflict-of-laws principles. You agree that the exclusive venue and jurisdiction for any action not subject to informal resolution shall be the state and you consent to the personal jurisdiction of such courts.
24. Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your purchase, the parties agree first to attempt in good faith to resolve the matter informally. You agree to contact us in writing at info@backyarddiscoverys.com describing the dispute, and we will work with you for a period of at least thirty (30) days to seek a resolution. If the dispute is not resolved within that period, either party may pursue available remedies in the state or federal courts located in Washington County, Ohio, in accordance with Section 23. This section does not prevent either party from seeking injunctive or equitable relief where appropriate.
25. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
26. Waiver
No waiver of any provision of these Terms shall be effective unless made in writing and signed by us. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision or of any other right. A waiver of any breach shall not be deemed a waiver of any subsequent breach.
27. Entire Agreement
These Terms, together with our Order Confirmation and the policies referenced herein — including our Privacy Policy, Shipping Policy, Payment Policy, Sales Tax Policy, and Returns and Refunds Policy — constitute the entire agreement between you and Backyarddiscoverys LLC and supersede all prior or contemporaneous understandings, communications, and representations, whether written or oral, relating to their subject matter.
28. Changes to These Terms
We reserve the right to modify or update these Terms at any time in our sole discretion. Any changes become effective upon posting to the Site with an updated “Last Updated” date. Your continued use of the Site or placement of an Order after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Backyarddiscoverys
3305 Airport Dr, Pittsburg, KS 66762, USA
Phone: +1 (213) 903-5017
Email: info@Backyarddiscoverys.com
Website: Backyarddiscoverys.com