General Terms and Conditions
1. Introduction
These General Terms and Conditions govern the purchase of prefabricated modules sold by Caos Modular Homes S.L. and form an integral part of the quote accepted by the client.
Acceptance of the quote and the initial payment constitute full acceptance of these terms.
In the event of any discrepancy between the accepted quote and these General Terms and Conditions, the provisions expressly stated in the quote shall prevail.
2. Purpose
These General Terms and Conditions govern the terms and conditions applicable to the design, manufacturing, supply, and transport of the prefabricated modules sold by Caos Modular Homes.
All modules are made to order, in accordance with the specifications previously accepted by the client.
3. Contracting process
The contracting process begins with the client's request for information and continues with the preparation of a personalized proposal and quote.
Quotes issued by Caos Modular Homes are valid for thirty (30) calendar days from the date of issuance, unless a different period is specified in the quote itself.
The quote issued by Caos Modular Homes will include the final project price, applicable taxes, estimated lead time, payment terms, and any other additional costs applicable to the project.
During this period, the client may request any necessary clarifications before confirming the project.
4. Order acceptance
An order will be considered formally accepted when:
- The client has accepted the quote.
- Caos Modular Homes has received the payment for the initial project reservation.
From that moment, project planning, material procurement, and production scheduling will begin.
5. Payment terms
Unless otherwise agreed upon by the parties, payments shall be made according to the following schedule:
- Initial project reservation: 10%
- Final confirmation and start of manufacturing: 40%
- Completion of manufacturing and logistics preparation: 40%
- Final payment upon delivery: 10%
Failure to meet any payment deadlines may result in the suspension of the project and the rescheduling of manufacturing, transport, and delivery based on current availability.
Execution deadlines will be suspended until any outstanding payments are settled.
All amounts indicated in the quote will expressly include VAT or other applicable taxes, unless otherwise expressly stated.
6. Retention of title
Ownership of the module shall remain with Caos Modular Homes until the agreed price has been paid in full.
Until that time, the client may not transfer, sell, encumber, or dispose of the module to third parties without the prior express authorization of Caos Modular Homes.
7. Obligations of Caos Modular Homes
- Manufacture the module in accordance with the specifications accepted by both parties.
- Provide the client with the technical information necessary for the proper development of the project.
- Organize the manufacturing, transport, and delivery according to the planned schedule, except for the circumstances contemplated in these General Terms and Conditions.
- Inform the client of any relevant issues that may affect the development of the project.
8. Client obligations
- Provide the information necessary for the proper development of the project.
- Make payments within the established timeframes.
- Obtain all necessary licenses, permits, and authorizations.
- Prepare the site in accordance with the specifications provided by Caos Modular Homes.
- Ensure adequate access for the transport, unloading, and installation of the module.
- Communicate any issues that may affect the project as soon as they become aware of them.
9. Project modifications
Before the order is accepted, the client may request any modifications they deem appropriate.
Once the initial booking payment has been received, no changes can be made to the design, dimensions, layout, materials, finishes, or equipment of the module, as the process of purchasing materials and planning production will have already begun.
Any exception will be subject to the express approval of Caos Modular Homes and may involve additional costs and changes to the initially planned timelines.
10. Manufacturing and delivery timelines
The estimated time for the manufacturing and delivery of the module is approximately 16 weeks from the acceptance of the order and receipt of the initial payment.
This timeframe is an estimate and may vary depending on production load, material availability, transport, weather conditions, or other circumstances beyond the control of Caos Modular Homes.
Before accepting the project, Caos Modular Homes will inform the client of the estimated timeframe applicable to their order.
In the event of circumstances that may significantly affect the planned schedule, Caos Modular Homes will inform the client as soon as they become aware of them and will provide a new estimated completion date.
11. Transport and delivery
The contracted service includes:
- Transport of the module from the factory to the site.
- Unloading using the necessary equipment.
- Use of a crane when necessary.
- Placement of the module onto the previously prepared foundation.
Unless expressly stated in the quote, the following are not included:
- Site preparation.
- Foundation work.
- Water, electricity, sewage, or telecommunications connections.
- Urbanization works, landscaping, or any other work outside the scope of the module's supply and installation.
Once the module has been placed, the client must inspect its condition.
Any visible damage resulting from transport or placement must be reported in writing to Caos Modular Homes within a maximum of five (5) business days, providing photographs to allow for an assessment of the issue.
12. Site preparation
It is the customer's responsibility to ensure that the plot is prepared for the delivery of the module by the agreed-upon date.
Caos Modular Homes will provide all the technical documentation necessary for the proper execution of the foundation and site preparation.
It is the customer's responsibility to carry out such actions according to the provided specifications and to ensure that the plot meets the necessary conditions to allow for the access, unloading, and placement of the module.
In the event that the plot does not meet these conditions on the scheduled date, Caos Modular Homes may reschedule the delivery. Costs derived from travel, auxiliary equipment, or rescheduling caused by this circumstance may be charged to the customer.
13. Licenses and permits
The customer is responsible for obtaining all licenses, authorizations, and permits necessary for the installation of the module in accordance with the regulations applicable at the destination.
Caos Modular Homes will provide the necessary technical documentation for processing.
Special permits related to the transport of the module will be managed by Caos Modular Homes.
14. Cancellations
All modules sold by Caos Modular Homes are manufactured to order.
For this reason, once the initial reservation payment has been made, the project cannot be unilaterally canceled by the customer.
Exceptionally, in situations of duly justified force majeure that make the execution of the project impossible, Caos Modular Homes may consider terminating the contract.
In such cases, Caos Modular Homes will retain the amounts corresponding to costs actually incurred up to the date of cancellation, including technical work, planning, material purchases, and other expenses directly associated with the project, and will refund the remaining balance of the amount received to the customer, if applicable.
If a delay in project execution is exclusively attributable to Caos Modular Homes and exceeds a reasonable additional period agreed upon by both parties, the customer may request the termination of the contract and a refund of the amounts paid for work not yet performed.
The above shall not apply when delays are the result of force majeure or other duly justified circumstances beyond the reasonable control of Caos Modular Homes.
15. Right of withdrawal
In accordance with Article 103.c of the Consolidated Text of the General Law for the Defense of Consumers and Users, the right of withdrawal does not apply once the order has been accepted and manufacturing has begun, as these are products made to the customer's specifications, clearly personalized, and manufactured to order.
16. Warranty
Modules supplied by Caos Modular Homes are covered by the warranties legally applicable under current regulations.
This commercial warranty is understood to be without prejudice to the legal warranty of conformity provided for in current regulations, the rights to which belong to the client in any case.
Additionally, Caos Modular Homes offers a five (5) year warranty on the module structure against structural manufacturing defects.
The warranty covers manufacturing defects, hidden defects, and any lack of conformity attributable to Caos Modular Homes regarding the specifications agreed upon for the project.
The various materials, equipment, and components supplied by external manufacturers will be covered by the warranties offered by their respective manufacturers.
In the event that a defect covered by the warranty is detected, Caos Modular Homes will evaluate the issue and, where appropriate, proceed with the repair, replacement, or resolution of the affected element within a reasonable timeframe.
Excluded from the warranty are damages resulting from normal wear and tear, lack of maintenance, improper use, modifications made by third parties, external phenomena, force majeure, or incorrect preparation of the ground or foundation.
Likewise, due to the nature of materials such as wood, natural variations in tone, texture, or aging may occur due to exposure to the sun and the elements. These variations are part of the normal behavior of the materials and do not constitute a manufacturing defect.
To make use of the warranty, the client must notify Caos Modular Homes of the issue within a maximum period of five (5) business days from detecting any visible defect after delivery, providing the necessary information and documentation for its evaluation.
17. Materials and Finishes
Caos Modular Homes works with a defined selection of materials and finishes.
In the event of the unavailability of any material or component due to causes beyond the company's control, it may be replaced by another of equivalent quality and performance, while striving to maintain the originally planned aesthetics and functionality.
18. Force Majeure
Caos Modular Homes will not be liable for delays or failures resulting from events beyond its reasonable control.
Force majeure events shall include, among others: strikes or labor disputes, wars or armed conflicts, terrorist acts, fires, floods, earthquakes or other natural disasters, pandemics, administrative restrictions, regulatory changes, supply chain interruptions, extraordinary transport incidents, or any other unforeseeable circumstance beyond the control of Caos Modular Homes.
During the existence of these circumstances, the manufacturing, transport, and delivery deadlines will be suspended for the time strictly necessary to overcome the situation, with Caos Modular Homes committing to resume the project as soon as it is reasonably possible.
19. Data Protection
The processing of the client's personal data will be carried out in accordance with the provisions of the Caos Modular Homes Privacy Policy.
20. Governing Law
These General Conditions shall be governed by Spanish law.
Any dispute arising from their interpretation or execution shall be resolved by the competent courts and tribunals in accordance with current regulations.
