The following Terms & Conditions apply to all Pod orders placed via the Mini-O website, or correspondence with Mini-O's Sales Team and Customer Support team. By purchasing a Pod, you agree to these Terms & Conditions specified in this document. Customer 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. Customer understands and agrees that Mini-O reserves the right to change, discontinue, or substitute materials as may be deemed necessary to properly fulfill the Order.
1. DESCRIPTION OF PRODUCT AND SERVICES
Mini-O will provide the Customer with the Products and Services specifically defined in the Order, limiting its responsibilities to those specifically defined in the Purchase Order and the corresponding Terms & Conditions.
2. ORDERS
It is the Customer’s responsibility to confirm the Order meets all applicable local codes, regulations, or rules. Orders remain in a pending/hold status until acknowledged and accepted in writing by Mini-O and Mini-O has received a valid form of Payment. Mini-O's acceptance of Customer’s Order is expressly conditioned upon Customer’s acceptance of the Terms and Conditions herein. Any modification to the Terms and Conditions must be accepted by Mini-O in writing.
The customer understands and agrees that the Product delivered does not include any site clearing, grading, foundation, utilities, site preparation, steps, landings, decks, wheels, solar, electrical, mechanical, plumbing, or any other materials or work product not specifically defined in the Order.
3. PLANS, SPECIFICATIONS AND CONSTRUCTION DOCUMENTS
Mini O will make available to Customer all plans, specifications, drawings, blueprints, and similar construction documents necessary for Mini O to provide the Products and Services described herein.
4. COMPLIANCE WITH LAWS
Mini O shall provide the Products and Services in a workmanlike manner, and in compliance with all applicable federal, state, and local laws and regulations, including, but not limited to all provisions of the Fair Labor Standards Act, the Americans with Disabilities Act, and the Federal Family and Medical Leave Act.
It's the Customer’s sole responsibility to obtain any permits that may be necessary to allow for the installation of the Mini O on the Customer’s property (Worksite).
5. WORKSITE
Customer warrants that Customer owns or rents the Worksite and is authorized to enter into this contract. Before the delivery and installation date, the Customer shall provide an easily accessible building site, that meets all zoning requirements for the structure, and shall provide a foundation to install the pod, if required by the local municipality.
6. PAYMENT, SHIPPING AND DELIVERY.
(A) Payment.
100% of the payment is due in full at the time of delivery of the Order, as per the following payment schedule:
(i) 50% of purchase price within 2 (two) business days of purchase confirmation, required to start production.
(ii) 50% of the purchase price before delivery, required for shipment.
Payment may be made via wire transfer, check, deposit, or any other payment method as agreed upon between the parties. Financing may be available through a third-party approved lender. Mini O expressly disclaims any responsibility or liability for any financing services offered through a third party.
If Customer fails to make the final payment and/or confirm a delivery date within 5 business days from the moment Mini O notifies that the pod is ready for delivery, then Mini O reserves its right to keep all the payments made until that date.
Mini O will not start manufacturing the products if the Customer requests a delayed delivery date before the manufacturing process begins.
If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 10 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Customer shall pay all costs of collection, including without limitation, reasonable attorney fees.
In addition to any other right or remedy provided by law, if Customer fails to pay for the Services when due, Mini O has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Agreement, retain the payments that have been made to cover Mini O’s cost of production, and/or may seek other legal remedies.
(B) Shipping & Delivery. Shipping and Delivery are provided by third-party carriers and managed by Mini-O unless the customer requests anything different. The product is packaged/palletized in a warehouse and is intended to be offloaded with a tilt bed, a shed mule, a crane or, if its a Kit, it can be unloaded by at least 4 able bodied people. Mini-O is not responsible for carriers not being able to deliver due to external factors out of our control such as road conditions or site conditions related to the Customer’s address. Carriers will deliver to the nearest public access point, and will not travel on private roads or property unless otherwise agreed to in advance.
(i) Damage to the Product during shipping or receiving may occur; Mini O is fully responsible for any potential damage that occurred to the pod during the delivery and placement of the unit unless the customer managed delivery and installation of the Pod. If Customer notices damage upon delivery, Customer shall notify Mini-O immediately and provide a complete list of damaged Products with accompanying photos. The customer may be responsible for additional costs for replacement or repair of damaged Products if Mini-O is not notified within 72 hours of delivery.
(ii) If the delivery company causes any damage to the Customer’s personal or real property during delivery, Mini-O has a general liability that covers property damage, as does each third-party carrier Mini-O works with.
(iii) All Kit components must be kept safe in storage. If the customer is unable to keep components in storage, the Customer shall also be responsible for keeping all the components in good condition and making sure to keep them dry until installation. Mini- O reserves the right to refuse warranty/replacement for items stored outside.
(iv) Customer has the responsibility of having the resources to unload all Kit components, them being a crew of 4 or more people or a forklift, to expedite unloading and avoid any delays.
(v) All Trailer Pods are to be delivered to the Customer curbside, Mini-O is not responsible for the final installation of the Trailer Pod inside the Customer property.
(vi) Shipping and storage shall be fulfilled using the following terms:
1. For all Orders, storage is limited to up to 10 calendar days from the date the order is completed and is ready for delivery.
2. Storage days include weekends and holidays.
3. For storage durations exceeding the included storage, the Customer shall be charged $250 per week until the product is delivered.
4. If the order arrives for delivery and for some reason the order cannot be delivered due to the Customer’s fault, the Customer shall be responsible for paying for shipping and installation again.
5. If the customer is not ready to receive the Order 4 weeks from Mini-O's notification of delivery, then Mini-O reserves the right to ship the product to the Customer curbside.
(vii) Customer will allow free access to the Worksite for workers and vehicles and will allow areas for the storage of materials and debris. Driveways will be kept clear for the movement of vehicles during work hours. There should be enough room in the street and premises for all this machinery to work properly. Mini O will make reasonable efforts to protect driveways, lawns, shrubs, and other vegetation. Mini O also agrees to keep the Worksite clean and orderly and to remove all debris as needed during the hours of work to maintain work conditions that do not cause health or safety hazards.
7. PRICES AND QUOTATIONS
Unless specifically agreed to in writing in advance by Mini-O, all Product pricing shall be Mini-O list prices in effect at the time the Customer’s Order is received (the “Price”). The Price does not include sales or other applicable taxes. In addition to the Price, Customer agrees to pay any sales or other tax due under any applicable law.
To the extent changes to an Order require a change to the estimated/scheduled Ship Date, Customer may also incur the loss or exclusion of any promotional discounts extended by Mini-O as part of the Price including, but not limited to, free shipping, product discounts or any other promotional offers.
Mini-O may alter materials or services offered if any materials, fixtures, or other products used in fabrication or installation are discontinued or are otherwise unavailable for any reason. Mini-O will notify the Customer promptly if such alterations are material and necessary.
8. CUSTOMER RESPONSIBILITIES
If the Customer does not have an electrical grid in his or her backyard to connect the pod, an additional wiring job will be needed. If this is the case, the Customer is responsible for hiring and paying a certified electrician to perform this work. Mini O will provide a document with suggested recommendations for this professional.
Unless specified differently in the Order, the Customer is responsible for hiring a company to perform a proper foundation (if required by the local municipality) and is also responsible for leveling the surface on which Mini O will install the unit. Mini O is not responsible for any incident related to the unit due to faulty foundation work and/or due to a not-level surface where the unit is placed.
The Customer may choose to install and assemble, if an assembly kit is purchased, the Pod themselves or engage a contractor for the installation. In all cases, the Customer is solely responsible for ensuring the installation and usage of the Pod is in line with regulation and local ordinances including but not limited to obtaining necessary permits and following local building and safety codes.
If Customer chooses their own assembler different than the one provided by Mini-O: Installation and assembly work must be carried out by the Pod Installation and assembly manual. Mini-O is not liable for any product issues caused by installation or assembly errors. The Pod warranty does not cover product issues caused by installation and assembly errors or by failures of the contractor to follow the Pod installation and assembly manual.
9. PERMITS
The customer will be responsible for developing the permitting documentation and submission of all required information to account for building department requirements for their specific property.
If the permit package is purchased, MiniO will develop said plans, including site plans, and manage the permitting process from submittal to approval on behalf of the customer. The customer shall provide all property-related information in order for MiniO to develop the site-specific permitting documentation for their project.
The scope of the permit package is limited to what is described in the purchase order. Any additional costs required for the pod to obtain the construction permit will be presented to and approved by the customer during the permitting application process.
The customer shall obtain all building and/or electrical permits that may be necessary. Even though Mini O can provide all the plans and technical documentation for the Mini O, it shall be the Customer’s sole responsibility to research if a permit is needed to install the unit. And if a permit is needed, the Customer is solely responsible for getting that permit and paying for it. Mini O is not responsible if the Customer fails to get the permit.
10. DELIVERY AND FORCE MAJEURE
Any shipping and delivery dates provided by Mini-O are estimates only, and Mini-O does not guarantee that the Product will be shipped and/or delivered by such estimates. Without limiting the generality of the foregoing, Mini-O may delay delivery of the Product without any liability as a result of any delay caused by events outside Mini-O’s reasonable control including but not limited to, work stoppages, labor difficulties or export/import conditions, Mini-O’s inability to obtain necessary materials, components, labor, or manufacturing facilities, or anything else that would in any way impair Mini-O’s ability to deliver the Product in the quantities ordered at the prices quoted.
If the performance of this Contract or any obligation thereunder is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, but not be limited to, acts of God, fire, explosion, vandalism, storm, casualty, illness, injury, general unavailability of materials or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
11. LIMITED WARRANTY
Mini-O 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 from the Customer’s receipt of the Product, Mini-O will either repair or send replacement for defective parts/pieces.
Mini-O must be notified in writing within the first 12 months after the receipt of the product. Said notice must be sent via e-mail or electronic form, setting forth specifically the basis for the claim and including a photograph of the defect(s). Failure to satisfy the requirements above shall constitute irrevocable acceptance of the Product.
Failure to follow the Product/Installation Manual or any related instructions or drawings, or any abuse or misuse of the Product including unauthorized alterations, shall immediately void this Limited Warranty.
Mini-O is not responsible for damage caused by the placement 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.
Mini-O is not responsible for the corrosion of any metal components if the Product is installed closer than 1,100 yards to any body of salt water.
Mini-O is not responsible for damages to wood sidings, when not properly cared and maintained, if the Product is installed in extreme weather conditions such as:
Temperature: below 32 F or over 100 F.
Humidity: relative humidity below 30% and over 70%.
Exposure to water: continuous or heavy rainfall during long periods of time or snow accumulation.
Sun exposure: prolonged exposure to sunlight and UV radiation can cause wood to dry out and lose its natural oils.
Mini-O is not liable and expressly disclaims all liability for damages due to (a) misuse of the Product for purposes other than what’s specified in the Order or what’s allowed by applicable codes, (b) neglect, (c) improper maintenance or adjustments, and (d) normal wear and tear from usage of the Product. Mini-O also is not liable for damages related to the use of an unpermitted unit when a permit is required.
Mini-O 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 Customer at any time from Min-O or any vendor or retailer of Mini-O Products shall constitute an expressed warranty not expressly stated in this Section.
MINI-O MAKES NO EXPRESS WARRANTIES EXCEPT AS STATED IN THIS SECTION. ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL TERMINATE THREE HUNDRED SIXTY-FIVE (365) DAYS FROM THE CUSTOMER’S RECEIPT OF THE PRODUCT. (SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.)
12. DEFAULT
The occurrence of any of the following shall constitute a material default under this Contract:
(i) The failure of the Customer to make a required payment when due.
(ii) The insolvency of either party or if either party shall, either voluntarily or involuntarily, become a debtor of or seek protection under Title 11 of the United States Bankruptcy Code.
(iii) A lawsuit is brought on any claim, seizure, lien, or levy for labor performed or materials used on or furnished to the project by either party, or there is a general assignment for the benefit of creditors, application or sale for or by any creditor or government agency brought against either party.
(iv) The failure of Customer to make the installation site available or the failure of Mini O to deliver the Services in the time and manner provided for in this Agreement.
13. REMEDIES
In addition to any and all other rights a party may have available according to law of the State of Wyoming, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving said notice shall have 30 days from the effective date of said notice to cure the default(s) or begin substantial completion if completion cannot be made in 30 days. Unless waived by a party providing notice, the failure to cure or begin curing, the default(s) within such time-period shall result in the automatic termination of this Contract.
14. LIABILITY
In no event shall Mini-O be liable for lost profits, business interruption, los business opportunities, or any other indirect, special, punitive, exemplary, incidental, or consequential damages arising out of or relating to these terms and conditions or Customer's purchase of product (whether in contract, warranty, product liability, strict liability or other theory), even if Mini-O has been advised of the possibility of such damages. In no event shall Mini-O 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 Customer to Mini-O.
15. TRADEMARKS AND TRADENAMES
Customer 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 Mini-O and that Customer shall not acquire any rights in any of the Marks by purchasing the Product. Customer shall not make any use of the Marks at any time except as otherwise authorized by Mini-O in writing.
16. NO WAIVER
No waiver of any provision of these terms and conditions or delay by either party in the 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.
17. SEVERABILITY
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.
18. NO ASSIGNMENT
Customer agrees that Customer may not assign or transfer any of Customer’s rights arising out of or related to these terms and conditions or Customer’s purchase of Product.
19. ENTIRE AGREEMENT
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 concerning such subject matter. No modification to these Terms and Conditions will be binding unless in writing and signed by each party.
20. AMENDMENT
This Agreement may be modified or amended in writing, only if the writing is signed by each party.
21. GOVERNING LAW
This Agreement shall be construed in accordance with, and governed by the laws of the State of Wyoming, without regard to any choice of law provisions of any other jurisdiction.
22. NOTICE
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
23. AUDIOVISUAL MATERIALS
Mini O reserves its right to use any photos or videos of the Product for marketing purposes. Customer agrees that these materials are the property of Mini O.