Terms of Service & Purchase Agreement

These Terms of Service & Purchase Agreement (“Terms”) govern your access to and use of the website operated by UNIVERSAL TRADING LLC, operating under the brand The Bark Co. (“The Bark Co.,” “we,” “us,” or “our”), and any inquiry, quotation request, order, purchase, delivery, installation, warranty claim, or other transaction relating to modular housing units and related services (collectively, the “Services”).
By accessing the website, submitting an inquiry, requesting a quotation, paying a deposit, placing an order, or otherwise using our Services, you agree to be bound by these Terms.

If you do not agree, do not use the website or Services.

1. Company Identity and Scope

1.1 Legal Entity and Brand. The Bark Co. is a brand operated by UNIVERSAL TRADING LLC, a company incorporated and operating in Japan.

1.2 Scope of These Terms. These Terms apply to:

   -Website browsing and inquiries;
   -Quotation requests and proposals;
   -Purchases of modular housing units and associated deliverables;
   -Delivery and installation coordination (where offered);
   -After-sales support and warranty administration;
   -Any related communications or documentation.
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1.3 Separate Signed Agreements Prevail. If you and we sign a separate written contract (for example, a Supply & Installation Agreement, quotation acceptance, or change order), that signed document governs to the extent it conflicts with these Terms.

2. Definitions

2.1 “Modular Housing Unit” (MHU) means a prefabricated or modular building and/or building system, whether shipped as a complete unit, modules, panels, frames, or kits, including all components expressly listed in the applicable quotation and approved project documents.

2.2 “Project Documentation” means the final accepted quotation, approved drawings/specifications/layouts, bills of materials if provided, delivery/installation plan if applicable, and any signed change orders.

2.3 “Client” means any person or entity that submits an inquiry, requests a quotation, or purchases an MHU or Services from us.

2.4 “Installation Works” means on-site assembly, installation, commissioning, or supervision services only if expressly stated as included in the applicable quotation or written agreement.

2.5 “Change Order” means a written modification to scope, specification, schedule, or price signed by both you and us.

3. Website Use and No Reliance

3.1 Informational Content. Website content is provided for general informational purposes and does not constitute a binding offer, technical guarantee, or legal/engineering advice.

3.2 No Reliance on Visuals. Renderings, images, videos, and conceptual layouts are illustrative. Final deliverables depend on Project Documentation and applicable approvals.

3.3 No Engineering or Legal Advice. We do not provide legal advice or represent that website information alone ensures compliance with local building codes. Compliance and deliverables are determined under signed agreements and Project Documentation.

4. Inquiry, Quotation, and Offer Structure

4.1 Inquiry Stage. Submitting an inquiry does not create a contract. We may request additional site and project information before issuing a quotation.

4.2 Quotations. Quotes and proposals are valid only for the validity period stated in the quotation. If no period is stated, we may withdraw or revise a quote at any time before acceptance.

4.3 Acceptance. A binding contract is formed only when we provide written confirmation of acceptance and you have (i) signed the applicable agreement and/or quotation acceptance and (ii) paid any required deposit.

4.4 Specifications Control. Only the written Project Documentation is controlling. Verbal statements, chats, or informal emails are not binding unless incorporated into a signed document.

5. Purchases, Deposits, and Payments

5.1 Payment Milestones (Default). Unless your signed agreement states otherwise, the standard payment structure is:

   -30% deposit upon signing/acceptance;
   -40% prior to shipment;
   -30% upon delivery to the agreed delivery point or completion (if installation is included), as stated in your documents.

5.2 Non-Refundability After Production Starts. Deposits and payments may be non-refundable once manufacturing or procurement has commenced, except where required by mandatory law or expressly stated in writing.

5.3 Late Payments. If you fail to pay on time, we may suspend production, shipment, installation scheduling, or support. Any storage, demurrage, rebooking, or standby costs caused by delay may be charged to you as permitted by your agreement.

5.4 Currency and Fees. Prices may be quoted in a stated currency. Bank charges, transfer fees, and conversion costs are your responsibility unless expressly stated otherwise.

5.5 Taxes, Duties, and Local Charges. Unless explicitly included in writing, you are responsible for customs duties, import fees, local taxes (including VAT/GST), inspection fees, permitting fees, and local authority charges.

6. Delivery Terms, Risk Transfer, and Timing

6.1 Delivery Terms. Delivery terms and the delivery point are specified in your quotation/contract. Where Incoterms are used, Incoterms® 2020 applies unless stated otherwise.

6.2 Risk of Loss. Risk transfers according to the agreed delivery terms in your documents. If you delay customs clearance, site acceptance, or receiving delivery, risk may transfer and storage/handling charges may apply.

6.3 Schedules Are Estimates Unless Guaranteed in Writing. Timelines may be affected by permitting, customs, port congestion, supply chain disruption, weather, authority inspections, site readiness, and change orders. We do not guarantee timelines unless expressly stated in a signed document.

7. Installation Works and Site Responsibilities

7.1 Installation Only If Included. Installation Works are provided only if expressly included in the quotation or a signed agreement/change order.

7.2 Client Site Responsibilities (Typical). Unless otherwise agreed in writing, you are responsible for:
   -Land ownership or legal right to use the site;Permits and approvals;
   -Foundations/civil works to required specifications;
   -Utility connections up to designated interface points;
   -Site access suitable for trucks/cranes and safe unloading;
   -Site safety, security, and storage;
   -Third-party contractor coordination.
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7.3 Delays and Extra Costs. If site conditions are not ready or access is not available, schedule may be extended and additional costs may apply (standby, remobilization, storage, rebooking).

8. Changes and Customization

8.1 Design Freeze and Change Orders. Once Project Documentation is approved, changes require a signed Change Order. We may refuse changes that compromise safety, compliance, quality, or schedule.

8.2 Price and Schedule Adjustments. Approved changes may adjust price and timing.

9. Acceptance, Completion, and Handover

9.1 Inspection Window. You must inspect delivery and notify us of visible shipping damage or missing items within the period stated in your agreement. If no period is stated, notify us within five (5) business days.

9.2 Completion Certificate. Where installation is included, completion may be documented by a completion/handover certificate. Acceptance triggers warranty commencement.

9.3 Punch List. Minor punch items do not prevent acceptance unless they materially prevent safe use.

10. Warranty Administration

10.1 Warranty Period. Unless stated otherwise in a signed agreement, MHUs are covered by an eighteen (18) month limited warranty from the completion/handover date or delivery date as applicable.

10.2 Administration. We act as the point of contact for warranty claims. Claim resolution may involve our manufacturing and technical partners.

10.3 How to Submit Claims. Claims must be submitted in writing with supporting evidence (photos/videos/description) and reasonable access for inspection.

10.4 Remedies. Warranty remedies may include repair, replacement of defective parts, technical guidance, or other commercially reasonable remedy, subject to your signed terms.

11. Warranty Coverage and Exclusions (General Website Terms)

11.1 Covered (General). Subject to your signed agreement and the final scope, warranty typically covers defects caused by manufacturing or assembly workmanship and materials under normal use for:
   -Structural components supplied as part of the MHU;
   -Envelope integrity and water-tightness interfaces supplied as part of the MHU;
   -Electrical/plumbing systems supplied as part of the MHU up to connection points;
   -HVAC equipment and installation workmanship only if included in scope;
   -Doors/windows and supplied fixtures for defect-related failure.

11.2 Not Covered (General). Warranty typically excludes:
   -Normal wear and tear or cosmetic aging;
   -Misuse, neglect, improper operation, lack of maintenance;
   -Unauthorized modifications or third-party repairs;
   -External damage (fire, flood, storm, earthquake, vandalism, accidents);
   -Site works, foundations, drainage, utilities, or third-party construction not supplied by us;
   -Performance issues caused by inadequate power supply or improper site conditions;
   -Consumables (filters, bulbs, sealants) unless defectively supplied.

11.3 Local Law. Some jurisdictions provide mandatory consumer protections. Nothing in these Terms limits rights that cannot be excluded by applicable law.

12. Limitation of Liability

12.1 No Consequential Damages. To the maximum extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages (including loss of profits, loss of use, or business interruption).

12.2 Liability Cap. To the maximum extent permitted by law, our total aggregate liability relating to a purchase is limited to the amount you paid to us for the applicable MHU/Services giving rise to the claim.

12.3 Non-Excludable Liability. Nothing in these Terms excludes liability that cannot legally be excluded.

13. Force Majeure

We are not liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, government actions, port congestion, labor disputes, or supply chain disruption. Timelines may be extended accordingly.

14. Confidentiality and Intellectual Property

14.1 Confidentiality. Pricing, drawings, designs, and technical documentation are confidential and may not be shared without written permission.

14.2 IP Rights. Unless otherwise agreed in writing, all drawings, designs, and documentation remain our intellectual property.

15. Communication, Records, and Formal Notices

15.1 Written Confirmations Only. Only written, authorized confirmations are binding.

15.2 Formal Notice Process. We may require use of our official forms for changes, claims, and notices. If we provide a required form, you must use it.

16. Governing Law and Dispute Resolution

16.1 Governing Law. These Terms are governed by the laws of Japan.

16.2 Venue. Disputes shall be submitted to the competent courts of Japan unless a signed agreement specifies arbitration.

17. Updates to These Terms

We may update these Terms periodically. Updates apply to future transactions and to ongoing use of the website; they do not retroactively alter signed agreements unless permitted by law and accepted in writing.

Contact Information

For questions, support, or legal inquiries:
‍Email: info@storethebark.com