TERMS & CONDITIONS
1. Payment Terms
Modulate Containers requires receipt of 50% of the total cost of the project to release the project to production. The final payment is due upon completion of production. The project will not be released for delivery until all funds have been received.
2. Credit Terms
Credit terms must be approved by Modulate Containers in advance and will depend on a credit check. Modulate Containers is a vendor and as such expects to be paid when an invoice is submitted. We do not agree to being paid when the customer is paid unless expressly agreed in writing in advance. Also, as a vendor and not a subcontractor, we do not agree to have any of the payment due to us held as a retainage unless expressly agreed in writing in advance.
Modulate Containers will make its best effort to complete all work by the dates proposed but many factors, including weather, material availability, customer approvals, and regulatory limits, may affect production schedules. Modulate Containers cannot be held liable for production delays. Modulate Containers will communicate as early as practicable if a delay is anticipated or known. Customers are required to respond within one business day to any requests for approval or information. If the customer delays responding past one business day the project completion date may be delayed.
4. Engineering Certificate
Engineering certificates are not supplied unless as requested as part of the purchase. Modulate Containers takes no responsibility for non-engineered designs supplied by the client.
Modulate Containers warrants that the products it produces will be free from defects in material and workmanship for a period of one year following completion of production. Modulate Containers’ liability shall be limited to the replacement of defective parts Free On Board (FOB) manufacturing plant. The customer is responsible for shipping the defective product(s) and/or containers to and from Modulate Container’s facility at their own expense. Modulate Containers warrants that the containers will be produced in general compliance with the approved work instructions, but Modulate Containers reserves the right to make adjustments as necessary to best suit the needs of the project. Modulate Containers does not warrant equipment which is not manufactured by Modulate Containers except to the extent of the warranty Modulate Containers may receive from the manufacturer.
Any containers returned to Modulate Containers for any reason may be subject to as much as a 100% restocking fee depending on the level of customization of the container. Delivery fees are not refundable.
7. Limitation of Liability
Modulate Containers’ maximum liability shall not exceed the total value of the contract to purchase goods and/or services.
8. Liquidated Damages
Modulate Containers does not accept liquidated damages unless expressly agreed to in writing before accepting a contract or purchase order.
9. Credit Card Fee
Modulate Containers accepts credit cards as a form of payment but in all cases a 2.5% fee will apply.
10. Goods and Services Tax (GST)
Modulate Containers collects all applicable goods and services taxes unless the customer provides acceptable documentation or assumes liability in writing to pay applicable taxes.
11. Storage Fee
Modulate Containers charges a storage fee for any containers not shipped from our facility within 7 days after project completion unless otherwise agreed in writing. The storage fee is $50/day for each container. Any accumulated storage fees must be paid before a container is released for shipment.
12. Container Condition
All shipping containers are New Build (NB) containers unless otherwise expressed in the quote or writing. Other container types include Grade A and B Containers. One Trip containers (A Grade) typically have made a single overseas trip carrying cargo but may still have damage or cosmetic blemishes. B Grade containers are used containers that have typically been used for shipping goods overseas for 10-12 years and can have significant damage and cosmetic blemishes.
13. Projects requiring permits and compliance with zoning regulations
The customer—not Modulate Containers—is responsible for adherence to any permitting or zoning requirements.
All containers are sold ex works. Unless otherwise agreed, the customer is responsible for organising transportation and removing containers from delivery vehicles. Modulate Containers doesn’t take any responsibility for any damage that occurred during transportation. Any special transportation or delivery requirements must be identified to Modulate Containers before a purchase order is accepted.
15. Change Orders
Any change orders issued after a project has started production will result in the customer being billed for the change order. Modulate Containers may require 50-100% of the change order amount to be paid before beginning work on the change order. For those customers granted payment terms, additional change orders will result in the customer being billed for 100% of each change order total on the original target completion date for that change order. Modulate Containers reserves the right at its sole discretion to waive this billing requirement on minor change orders that do not materially affect the total project price and/or project schedule.
16. Customer Furnished Material
Modulate Containers will not be held responsible for any materials provided by the customer to Modulate Containers to be used for the project. If customer furnished material is required for Modulate Containers to complete a project, the customer must ensure that the materials are delivered on time and with all documentation necessary for Modulate Containers to properly use the material to complete the project. Any delays in delivery of customer furnished materials may adversely affect the project schedule.
17. Quality Inspections
Any requirements to inspect work in progress or completed work at Modulate Containers must be scheduled with the Production Manager and agreed 2 days in advance in writing.
The modified containers are the only deliverables required to satisfy the purchase order or contract’s requirements unless agreed to in advance in writing by Modulate Containers. We do not normally supply operation and maintenance manuals but will provide, if requested, all third-party manuals for all components installed in a container that have manuals.
19. Limitation of agreement
The purchase order or contract constitutes the entirety of the agreement between the customer and Modulate Containers and supersedes any communications, verbal and/or written, with respect to the subject of the agreement. All changes to the agreement must be in writing and signed by both parties.