Terms of service

PODROOF LLC / SHIELD ROOF SOLUTIONS
TERMS AND CONDITIONS
Rev. 02/25/2025

1. Purpose

1.1. These Terms and Conditions govern the purchase of PodRoof kits, which include roof kits, container covers, walls and awnings by the customer and delivery by Shield Roof Solutions/PodRoof LLC ("Shield").
1.2. Shield is engaged in the sale and supply of PodRoof kits, which include roof kits, container covers, walls and awnings, which consist of prefabricated steel roof structures designed for mounting to shipping containers. Shield does not engage in construction, installation, or building contractor services.
1.3. The customer acknowledges and agrees that Shield solely provides the materials and that the installation and compliance with local regulations are the sole responsibility of the customer.

2. Acceptance

2.1. The issuance of an order and payment or accepted payment terms constitute acceptance of these Terms and Conditions as published at that time.
2.2. Any modifications to these Terms must be agreed upon in writing and signed by an authorized representative of Shield.
2.3. Customers agree that by placing an order, they have reviewed these Terms in their entirety and have no objections or exceptions unless explicitly negotiated in writing.

3. Suitability for Purpose

3.1. A PodRoof kit, which include roof kits, container covers, walls and awnings is a steel roof structure intended to be mounted on shipping containers and is not intended for use as a free-standing structure.
3.2. Shield provides recommendations based on the customer’s provided specifications but does not guarantee compliance with local building codes or suitability for specific weather conditions.
3.3. Customers are solely responsible for determining whether the product meets applicable regulations and codes in their area, including but not limited to wind rating and snow load requirements.
3.4. Shield disclaims any liability arising from improper installation, failure to meet regulatory requirements, or environmental conditions exceeding the stated design specifications.
3.5. Customers acknowledge that engineering standards and building codes vary by jurisdiction and that it is their responsibility to ensure that any required approvals or permits are obtained before installation.
3.6. Shield will notify customers at the time of order of a PodRoof kit, which include roof kits, container covers, walls and awnings does not meet stated wind rating and snow load requirements based on provided information, but the final determination of suitability remains the customer’s responsibility.

4. Engineering

4.1. All PodRoof kits, which include roof kits, container covers, walls and awnings are designed following structural engineering guidelines determined in consultation with a structural engineer.
4.2. If required, Shield can assist in obtaining a structural engineering certificate for an additional charge. If Shield does not have an engineer licensed in the customer’s state, Shield will provide necessary specifications for the customer to engage their own engineer.
4.3. Customers assume full responsibility for ensuring that an engineer has reviewed their specific project needs and local requirements.
4.4. Moving a PodRoof kit, which include roof kits, container covers, walls and awnings to a new location may impact its structural integrity. The customer must verify that the original design specifications remain valid in the new location. If they do not, the product must not be used, and the customer assumes all risk.
4.5. Transfer of ownership voids any warranty protection, as Shield cannot verify the installation or handling of second-hand kits.

5. Delivery

5.1. Two deliveries are generally made per order:

  • One for structural components, delivered by flatbed truck.
  • One for small components such as hardware, brackets, and fasteners, sent by common carrier.
    5.2. The customer will be notified of shipping details, including expected loading date and estimated arrival.
    5.3. The customer is responsible for unloading all shipments at their designated delivery site.
    5.4. If delivery is unsuccessful due to site inaccessibility, inability to unload, or lack of provided directions, storage and re-delivery fees may apply.
    5.5. Estimated lead times are 4–5 weeks but are subject to change based on design complexity, supply chain issues, engineering approvals, and transportation logistics. Shield is not responsible for any losses incurred due to extended lead times.
    5.6. If the customer refuses delivery without prior arrangement, the goods will be held at Shield’s facility or returned to inventory, and additional fees may apply.

6. Incorrect Supply & Missing Items

6.1. If any components of a PodRoof kit, which include roof kits, container covers, walls and awnings are supplied incorrectly, Shield will replace them at its expense in a timely manner.
6.2. Incorrectly supplied components remain Shield’s property and must be returned at Shield’s request and expense.
6.3. Customers must inspect all shipments upon receipt and report any missing or damaged parts within 30 days to qualify for replacement.
6.4. If packages arrive damaged, customers should document the damage with photographs and notify the delivery driver.
6.5. Failure to report missing parts within the stipulated timeframe may result in the claim being denied.

7. Installation

7.1. Shield does not construct or install its products. Proper installation is the sole responsibility of the customer.
7.2. Shield provides manuals, diagrams, and part details to assist with installation.
7.3. Improper installation may void warranties and result in denied claims.
7.4. Ground anchors or other approved methods for securing shipping containers to the ground are required for proper installation and warranty validation.
7.5. If Shield recommends an installer, this does not imply any warranty or endorsement of their work.

8. Liability, Warranty, and Limitations

8.1. Liability

  • Scope of Liability: Shield Roof Solutions ("Shield") shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use, misuse, or inability to use the PodRoof kits, which include roof kits, container covers, walls and awnings, including but not limited to damages for loss of profits, business interruption, loss of business opportunities, or personal injury.
  • Installation and Compliance: Customers assume full responsibility for the proper installation and compliance with local building codes, ordinances, and regulations. Shield provides materials and guidance but does not oversee or verify installation quality. Any failures resulting from improper installation, environmental factors, or non-compliance with regulations are the sole responsibility of the customer.
  • Product Misuse and Modifications: Any modifications, unauthorized alterations, or use of the PodRoof kits, which include roof kits, container covers, walls and awnings in ways not specified by Shield shall void all warranties and limit Shield’s liability entirely.
  • Third-Party Contractors: If the customer employs third-party contractors for installation or other services, Shield shall not be responsible for any damages, negligence, or defects resulting from such third-party services.

8.2. Warranty

  • Coverage: Shield provides a 20-year limited warranty covering defects in materials and workmanship under normal use conditions.
  • Exclusions: The warranty does not cover:
    • Normal wear and tear.
    • Damages caused by improper installation, modifications, or misuse.
    • Environmental conditions exceeding design specifications (e.g., extreme weather events beyond rated wind/snow loads).
    • Use of the product in locations outside the contiguous United States.
    • Damage caused by failure to maintain the product in accordance with provided guidelines.
    • Any claims arising from third-party installation errors or modifications.
  • Warranty Claims: Customers must submit claims with photographic evidence and a detailed description of the defect. Shield reserves the right to inspect the issue before approving any warranty claims. If necessary, Shield may require an independent inspection at the customer’s expense.

8.3. Limitations

  • Maximum Liability Cap: Shield’s total liability shall not exceed the purchase price of the product under any circumstance.
  • Waiver of Implied Warranties: To the fullest extent permitted by law, Shield disclaims all implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose.
  • Indemnification: Customers agree to indemnify and hold harmless Shield from any claims, damages, or losses arising from their use, installation, or modification of the product.

9. Payment Terms & Refunds

9.1. Payment Terms

  • All orders must be paid in full before shipment unless otherwise agreed upon in writing.
  • Payment must be made via approved payment methods, including credit card, wire transfer, or ACH payment.
  • Any unpaid balance beyond 30 days past due is subject to interest at the rate of 1.5% per month (18% annually) or the maximum rate permitted by law.

9.2. Refund Policy

All sales of PodRoof kits, including roof kits, container covers, and awnings, are final, and no refunds will be issued. PodRoof LLC does not provide monetary refunds under any circumstances.

Replacement Policy for Defective or Missing Parts
If any parts are missing or defective upon delivery, PodRoof LLC will provide replacement parts at no additional cost, provided the following conditions are met:

  • The customer reports the missing or defective part within 30 days of delivery.
  • The customer provides photographic evidence and a detailed description of the issue.
  • The claim is reviewed and approved by PodRoof LLC.

If a reported issue is determined to be outside the scope of warranty coverage, PodRoof LLC reserves the right to deny the replacement request.

No Order Cancellations

  • Orders cannot be cancelled once processing has begun.
  • In the event of a dispute regarding order fulfillment, PodRoof LLC reserves the right to offer replacement parts rather than monetary refunds or credits.

By placing an order, the customer acknowledges and agrees to this strict no-refund policy and understands that any quality or fulfillment issues will be resolved exclusively through replacement parts as outlined above.

9.3. Chargebacks & Disputed Payments

  • Customers agree not to dispute credit card, wire transfer, or ACH transactions once an order has been fulfilled and delivered.
  • Any fraudulent chargebacks will be pursued through collections and may incur additional fees, including legal expenses.

10. Dispute Resolution

10.1. Mandatory Mediation & Arbitration: Prior to initiating legal proceedings, both parties must engage in good-faith mediation in South Carolina. If mediation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Arbitration shall take place in Greenville, South Carolina, and the decision of the arbitrator shall be final and binding.
10.2. Governing Law: These Terms and Conditions shall be governed by and construed under the laws of South Carolina, without regard to conflict of law principles.
10.3. Jurisdiction & Venue: Any litigation, if permitted, must be filed in a court of competent jurisdiction in Greenville, South Carolina.
10.4. Arbitration Costs: Each party shall bear its own legal fees and arbitration costs unless the arbitrator determines otherwise.
10.5. Attorney’s Fees & Costs: The prevailing party in any dispute resolution process shall be entitled to recover reasonable attorney’s fees and court costs.

11. Consumer Protection Compliance

Nothing in these Terms and Conditions limits a customer’s rights under applicable consumer protection laws where such rights cannot be legally excluded. If any provision of these Terms conflicts with consumer protection laws, the applicable legal protections shall take precedence.

12. Force Majeure

  1. Shield shall not be held responsible for delays, non-performance, or damages resulting from unforeseen events beyond its control, including but not limited to:
  • Natural disasters (earthquakes, hurricanes, tornadoes, floods, wildfires).
  • Government actions (trade restrictions, embargoes, regulatory changes, enforcement actions).
  • Labor disputes (strikes, lockouts, workforce shortages).
  • Supply chain disruptions (raw material shortages, transportation failures, pandemics).
  • Acts of war, terrorism, or civil unrest.
  1. Mitigation Efforts: In the event of a force majeure occurrence, Shield will make reasonable efforts to notify customers and minimize the impact. However, customers acknowledge that Shield is under no obligation to compensate for delays or losses incurred due to force majeure events.
  2. Cancellation & Rescheduling: If a force majeure event continues for more than 60 days, either party may terminate the order without penalty provided that Shield has made reasonable attempts to fulfill its obligations.