TERMS & CONDITIONS

Effective date: March 8, 2024

These Terms and Conditions of Use (the “Terms”) are a binding contract between you and Modular International (“MODULAR”, “we”, “our”, and “us”). These Terms of Use govern your access to and use of our website, products, and services. By using our services, you agree to these Terms. If you do not agree, please refrain from using our services.

1. Company Services

Modular International provides a range of solutions for modular sleeping systems, including but not limited to:

Modular Bed Sales – Offering customizable and space-efficient modular beds for commercial use.
Assembly & Installation – Professional setup and installation of our modular sleep pods.
Maintenance & Repairs – Scheduled and on-demand servicing to ensure product longevity and optimal functionality.
Accessories & Add-ons – Sale of compatible accessories, including mattresses, lighting, storage solutions, and smart integration features.
Custom Design Services – Tailored pod solutions based on customer specifications and space requirements.

2. Eligibility

2.1 By placing an order, you confirm that you have the legal capacity to enter into a binding agreement. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You must be at least 18 years old to purchase and use our products or services.

2.2 We reserve the right to refuse service, cancel orders, or restrict access to our website and services if we believe a customer violates these Terms or engages in fraudulent, abusive, or harmful behavior.

2.3 Our products and services are intended for commercial and business use, and resale without authorization is prohibited.

2.4 If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

3. Orders and Payments

3.1 Placing an Order

Orders can be placed through our website, authorized retailers, or directly with our sales team.
All orders are subject to product availability and acceptance by Modular International.
Custom orders require detailed specifications provided by the customer before production begins.

3.2 Pricing & Payment

Prices are listed in US Dollars and may be subject to applicable taxes and shipping fees.
We accept payments via credit/debit cards and bank transfers.
Full payment is required before processing and shipping orders, unless otherwise agreed upon in writing.
Custom design projects may require a non-refundable deposit before production starts.

3.3 Order Confirmation & Changes

Customers will receive an order confirmation via email after payment is processed.
Any modifications or cancellations must be requested within 24 hours of placing the order.
Custom orders cannot be modified or canceled once production has begun.

3.4 Fraud Prevention

We reserve the right to cancel any order suspected of fraud or unauthorized payment.
If your payment is flagged for review, we may request additional verification before processing.

3.5 Late or Failed Payments

If a payment fails or is disputed, the order will be canceled unless resolved within 24 hours.
For installment plans (if applicable), failure to make payments on time may result in order suspension or cancellation.

4. Shipping and Delivery

4.1 Shipping Locations

We will use our commercially reasonable efforts to deliver the order to the address you specified when you placed your order (“Premise”). The exact location of the Pod(s) (“Site”) will be determined and prepared for delivery, by the customer, before the scheduled delivery.
International shipping may be available upon request, subject to additional fees and customs regulations.

4.2 Processing and Delivery Times

Orders are typically processed within 24 hours after payment confirmation.
Once you’ve placed your order, Modular will send you a confirmation email that details the estimated ship date, which specifies when your order has left our factory and will be delivered to our local delivery partner. Once received, our delivery partners will reach out to schedule delivery of your order.
Estimated delivery times vary based on location, product availability, and shipping method.
Custom orders may require additional processing and production time, which will be communicated to the customer.

4.3 Shipping Costs & Fees

Our standard Shipping and Assembly price applies to "Standard Delivery."
"Standard Delivery" must be conducted within normal business hours (Monday–Friday, 9 AM – 5 PM local time) and includes:
1. Delivery using a freight elevator with no stairs.
2. The interior of the freight elevator must be larger than the minimum required dimensions of the pod.
Deviations from "Standard Delivery" (e.g., requiring stairs, delivery outside normal hours, special handling) will result in additional fees.
If the premises, site, or delivery time does not meet "Standard Delivery" conditions, you must notify Modular before finalizing the purchase to receive a customized delivery quote.
Failure to notify Modular about a non-"Standard Delivery" condition before the estimated ship date will result in additional charges to cover all associated costs.
In case of cancellation, you will bear any costs incurred related to the cancellation, which may include but are not limited to: restocking fees, storage fees, moving fees, disassembly and reassembly fees.
Shipping fees are calculated at checkout and depend on the delivery location, product size, and selected shipping method.
Additional charges, such as customs duties and taxes for international orders, are the responsibility of the customer.

4.4 Delivery Requirements & Site Readiness

Prior to scheduling a delivery, you must provide information or documentation required for entry to the premises, including but not limited to NDAs, Certificates of Insurance, health and security documentation and procedures, and a primary and secondary point of contact who can provide access to the site upon the arrival of the unit(s).

You must validate that the premisses are ready for delivery, assembly, or repairs, including but not limited to:

A clear delivery path
Finished flooring
Active compatible power supply within the length of provided power cable(s)
If applicable, ethernet ports, strobe conduit, sprinkler system piping, and inspector verification of placement and local code requirements must be coordinated before the arrival of the pod(s).
The site must be spacious enough to accommodate both unit dimensions and the required assembly space.

4.5 Delivery & Inspection

Customers must ensure the shipping address provided is accurate. We are not responsible for delays or losses due to incorrect information.
Upon delivery, customers should inspect their order and report any damages, defects, or missing items within 7 days.
If a product arrives damaged, we may request photos and additional information to assess the issue before processing a replacement or repair.

4.6 Delivery Scheduling & Failed Deliveries

Once a delivery, revisit, or repair has been scheduled, we must be notified of any changes in writing at least two (2) business days in advance of the previously agreed-upon date and time window.
Changes made within two (2) business days of the previously agreed-upon date and time window will result in a failed delivery.
The designated point(s) of contact must be available throughout the entire duration of the delivery and assembly.
We will consider the delivery failed if:
1. Access to the premises or site is not provided within 30 minutes of the unit(s) arrival, provided the unit(s) have arrived during the previously agreed-upon time window.
2. The premises or site is not ready to receive the delivery at the previously agreed-upon date and time.
3. Proper documentation has not been provided.
4. Incorrect address, unavailability, or refusal to accept the package.
If a package is returned to us undelivered, we will contact the customer to arrange re-delivery at their expense.

4.7 Risk of Loss

Once an order is shipped, the risk of loss or damage transfers to the customer.
We are not responsible for delays caused by shipping carriers, weather conditions, or customs clearance.

4.8 Placement and Scope of Work Confirmation

You will confirm the placement and scope of work related to the unit(s), including but not limited to the installation of additional cables or accessories, before the assembly or move begins.
Once placement and scope of work are confirmed, adjustments cannot be made without additional costs.
You must provide written confirmation of receipt of the unit(s) on assembly personnel’s form(s) once the assembly or move is complete.

4.9 Use of Third-Party Service Providers

You understand and agree that Modular International may use third-party service providers to perform shipping, delivery, assembly, or moving of your order.
You acknowledge that Modular is not responsible for any errors, delays, or damages caused by such third-party service providers.

5. Custom Designs

5.1 Design Process & Requirements

Customers must provide detailed specifications, including dimensions, materials, and features, before the design process begins.
Our design team will review all requests and may suggest modifications to improve functionality, durability, or feasibility.
Once a design is approved, production will commence, and changes may not be possible.

5.2 Deposits & Payments

A non-refundable deposit of 50% is required before work begins on any custom design.
Full payment must be completed before shipping or installation.

5.3 Production & Timelines

Estimated production times will be provided but may vary based on design complexity, material availability, and order volume.
Delays due to unforeseen circumstances will be communicated as soon as possible.

5.4 No Returns or Cancellations

Custom-designed products cannot be canceled, returned, or refunded once production has started.
If an error occurs due to Modular International’s fault, we will work to correct or replace the product at no additional cost.

5.5 Intellectual Property

Custom designs created by Modular International remain our intellectual property and may not be copied, reproduced, or sold without our consent.
If a customer provides a proprietary design, they affirm they have the legal right to use it and grant us permission to manufacture it.

6. Maintenance and Repairs

6.1 General Maintenance Responsibilities

You are responsible for routine maintenance and care of your unit(s) to ensure proper functionality and longevity.
Regular cleaning, inspection, and minor adjustments should be performed per the maintenance guidelines provided in the product manual.
Failure to follow recommended maintenance procedures may result in voided warranties and additional service costs.

6.2 Repair Services

Modular provides repair services for covered defects, subject to warranty terms or separate service agreements.
Repairs may include but are not limited to:
1. Structural repairs (frames, panels, connectors)
2. Electrical repairs (lighting, power supplies, wiring)
3. Mechanical adjustments (hinges, locks, doors)
4. Accessory replacements (shelves, storage units, additional attachments)
Repair services may be performed on-site or at our designated service facility, depending on the nature of the repair.

6.3 Scheduling Repairs

To request a repair, you must submit a repair request form via our website detailing: issue description and photos, unit serial number and purchase details
Our team will evaluate the issue and schedule an appointment for inspection or service.

6.4 On-Site Repairs & Customer Responsibilities

For on-site repairs, you must provide:
1. Clear access to the unit(s)
2. Necessary documentation for entry (if applicable)
3. A point of contact available during the scheduled repair visit
If the repair visit cannot be completed due to inaccessible units or site conditions, a failed service fee may apply.

6.5 Non-Warranty Repairs & Associated Costs

Repairs outside of warranty coverage or due to improper use, neglect, or modifications will be subject to service fees, including but not limited to: labor fees, replacement part costs and travel fees for on-site repairs.
A detailed cost estimate will be provided before initiating non-warranty repairs.

6.6 Replacement Parts and Upgrades

Replacement parts and upgrades can be purchased separately through our website.
Certain modifications or upgrades may require professional installation to maintain warranty coverage.

6.7 Services Not Provided

We do not provide any services related to: power sources, sprinkler installation or seismic anchorage.
If modifications to the unit(s) are made for any reason, the Warranty will be void.

6.8 Disconnecting & Reinstalling Building Systems

You are responsible for disconnecting and reconnecting the unit(s) from building systems at your cost, including but not limited to:
1. Power source installation or modifications
2. Sprinkler systems
3. Seismic anchorage
If deemed necessary by us for repair services, you must remove, reinstall, and reconnect such devices at your expense.

6.9 Limitation of Liability

Modular is not liable for any damage resulting from unauthorized repairs, modifications, or improper maintenance.
If damage occurs due to third-party service providers, claims must be directed to the respective service provide.
You are responsible for ensuring installation complies with all local codes and regulations. Modular is not liable for any post-sale costs related to compliance. We do not provide permitting or code compliance services beyond the certifications included with your purchase.

7. Restrictions on Use

You agree not to:

Violate intellectual property rights, laws, or regulations.
Engage in fraudulent, deceptive, harmful, or offensive conduct.
Promote discrimination, harassment, or illegal activities.
Copy, modify, or misuse Modular’s trademarks, designs, or proprietary content.
Circumvent security measures or compromise network security.
Use bots, spam, auto-responders, or other processes that disrupt services.
Scrape, crawl, or reverse-engineer any part of the Services or Unit(s).
Misuse the Unit(s) in violation of the provided guidelines.
Impersonate others or misrepresent your identity.

Modular may monitor usage to ensure compliance and investigate violations. You must use the Unit(s) according to the provided guidelines.

8. Returns and Refunds

8.1 General Policy

All sales are final, and we do not accept returns or issue refunds except as outlined in this policy.

8.2 Order Cancellations

Any modifications or cancellations must be requested within 24 hours of placing the order.
If an order is canceled after production has begun, cancellation fees may apply.
Custom orders cannot be canceled or refunded once production starts.

8.3 Return Eligibility

Returns are only accepted if:

The Unit(s) arrive damaged or defective due to our error.
You receive the wrong item.
The Unit(s) do not match the agreed-upon specifications.

8.4 Return Process

You must notify us within 3 business days of delivery if you believe a return is necessary.
Returns must be approved in writing before shipping back any Unit(s).
Unit(s) must be unused, in original packaging, and accompanied by proof of purchase.
Shipping and restocking fees may apply.

8.5 Refunds

If a return is approved, we will issue a refund or replacement at our discretion.
Refunds will be processed within 10-15 business days after the returned Unit(s) are inspected.
Shipping, assembly, and customization fees are non-refundable.

8.6 Non-Returnable Items

Custom-designed Unit(s)
Assembled or used Unit(s)
Units damaged due to misuse, improper installation, or unauthorized modifications

9. Warranty

9.1 Coverage

We provide a limited warranty on our Unit(s) against defects in materials and workmanship under normal use, starting from the date of delivery. The specific warranty period and coverage details depend on the product type and will be provided at the time of purchase.

9.2 Exclusions

This warranty does not cover:

Normal wear and tear
Damage caused by misuse, neglect, accidents, or improper installation
Unauthorized modifications, repairs, or disassembly
Damage due to environmental factors, such as extreme humidity, flooding, or fire
Third-party alterations, including unauthorized electrical work or structural modifications

9.3 Claim Process

To file a warranty claim:

Notify us in writing within the warranty period.
Provide proof of purchase, a detailed description of the issue, and photos if applicable.
We will assess the claim and determine if repair, replacement, or other action is required.

9.4 Repairs and Replacements

If a Unit is deemed defective, we may repair or replace it at our discretion.
If the exact Unit is no longer available, we may offer a comparable replacement.
Shipping and service fees may apply unless otherwise stated.

9.5 Warranty Voidance

The warranty is void if:

The Unit is moved by anyone other than our authorized personnel.
The Unit is modified, altered, or improperly installed.
Maintenance requirements are not followed.

10. Intellectual Property

All content, designs, trademarks, and materials related to our Pod(s) and Services are owned by us or our licensors. You may not copy, modify, distribute, or use any intellectual property without our written consent. Unauthorized use may result in legal action.

11. Changes to These Terms

We are constantly working to improve our products and services, so these Terms may change along with our business and our business environment. We reserve the right to update these Terms at any time. If you disagree with the changes, you must stop using our services and Pod(s). Continued use after updates means you accept the new Terms.