Warranty & Liability

This section sets out, in full and without omission, the warranty framework, liability allocation, limitations, and risk assumptions applicable to all modular housing units and related services offered by UNIVERSAL TRADING LLC, operating under the brand The Bark Co. (“we,” “us,” “our”). This section forms an integral part of the Terms of Service & Purchase Agreement, the Japanese Commercial Law Compliance section, and the Services Provided & Workflow section.

Where a separate signed agreement, quotation, or warranty certificate exists, that document prevails in the event of conflict.

1. General Warranty Framework

1.1 Written Warranty Only.
All warranties are provided only in writing and only as expressly stated in the applicable signed agreement and/or warranty certificate. No oral statements, marketing materials, website content, or informal communications constitute a warranty.

1.2 Limited Warranty Nature.
All warranties provided are limited warranties, not guarantees of performance, outcome, or suitability for a specific purpose unless expressly stated in writing.

1.3 Warranty Administrator.
The Bark Co. acts as the warranty administrator and point of contact for clients. Actual repair, replacement, or technical resolution may involve approved manufacturing, logistics, or technical partners under our coordination.

2. Warranty Period

2.1 Standard Warranty Period.
Unless otherwise stated in a signed agreement or warranty certificate, the standard warranty period is eighteen (18) months.

2.2 Commencement of Warranty.
The warranty period begins on the earlier of:
   -The date stated in the Completion & Handover Certificate; or
   -The delivery date to the agreed delivery point if installation is not included.

2.3 No Automatic Extension.
Delays in occupancy, use, or client-side works do not extend the warranty period unless expressly agreed in writing.

3. Warranty Coverage (What Is Covered)

Subject to the signed agreement, approved scope, and exclusions below, the limited warranty generally covers defects proven to result directly from manufacturing or assembly workmanship and materials under normal use, including:

3.1 Structural Components.
Primary load-bearing structural components supplied as part of the modular housing unit.3.2 Building Envelope.
Walls, roof panels, insulation systems, and water-tightness interfaces supplied as part of the unit, where failure is caused by manufacturing or assembly defect.

3.3 Doors and Windows.
Doors, windows, frames, and supplied hardware where malfunction is due to a defect.

3.4 Electrical Systems.
Electrical wiring, panels, fixtures, and components supplied as part of the unit up to designated connection points, where defects are manufacturing- or assembly-related.

3.5 Plumbing Systems.
Plumbing components supplied as part of the unit up to designated connection points, where defects are manufacturing- or assembly-related.

3.6 HVAC Systems.
Heating, ventilation, and air-conditioning equipment and related installation workmanship only if such systems and installation are expressly included in the signed scope.

3.7 Manufacturing-Related Water Ingress or Insulation Failure.
Water leakage or insulation failure directly attributable to manufacturing or assembly defects.

4. Warranty Exclusions (What Is Not Covered)

The limited warranty does not cover, and we have no responsibility for, any of the following:

4.1 Normal Wear and Tear.
Cosmetic aging, fading, minor hairline cracks due to settlement, or normal deterioration.

4.2 Improper Use or Maintenance.
Damage resulting from misuse, neglect, improper operation, failure to follow manuals, or lack of reasonable maintenance.

4.3 Unauthorized Modifications or Repairs.
Any modification, alteration, or repair performed without our prior written approval, including third-party repairs.

4.4 External Causes.
Damage caused by fire, flood, storm, earthquake, lightning, corrosion due to environment, vandalism, accidents, or acts of God.

4.5 Site and Civil Works.
Foundations, drainage, soil conditions, civil works, landscaping, utilities, and third-party construction not supplied by us.

4.6 Utility and Infrastructure Issues.
Issues caused by inadequate, unstable, or incorrect power, water, sewer, or internet supply.

4.7 Performance Expectations.
Subjective expectations relating to comfort, acoustics, energy consumption, or performance not expressly guaranteed in writing.

4.8 Consumables.
Items such as filters, bulbs, sealants, and similar consumables, unless defectively supplied.

4.9 Excluded Items.
Any item not expressly included in the signed Project Documentation.

5. Warranty Claim Procedure

5.1 Written Submission Required.
All warranty claims must be submitted in writing using the designated warranty claim form or as otherwise instructed in writing.

5.2 Required Information.
Claims must include:
   -Warranty certificate number (if issued);
   -Project address;Description of the issue;
   -Date the issue was discovered;
   -Supporting evidence (photos/videos);
   -Reasonable access availability for inspection.

5.3 Inspection and Cooperation.
The client must provide reasonable access for inspection and cooperate in good faith. Failure to provide access may delay or void coverage for the affected issue.

5.4 Emergency Mitigation.
The client may take reasonable temporary measures to prevent further damage in an emergency. Permanent repairs without authorization may void warranty coverage for that issue.

5.5 Response and Resolution.
We will acknowledge receipt within a reasonable time and propose next steps. Resolution timelines may vary depending on the nature of the issue, availability of parts, and site access.

6. Warranty Remedies

6.1 Available Remedies.
At our discretion and subject to the signed agreement, warranty remedies may include:
   -Repair of the defective component;
   -Replacement of the defective component with the same or equivalent item;
   -Provision of parts and technical instructions;
   -A commercially reasonable alternative remedy.

6.2 No Obligation to Replace Entire Unit.
The warranty does not obligate us to replace the entire modular housing unit or refund the full purchase price, except where required by mandatory law.

6.3 No Upgrade Obligation.
Replacement or repair does not include upgrades or improvements beyond the original specification.

7. Liability Allocation

7.1 Scope of Liability.
Our liability is limited to obligations expressly assumed under written agreements and mandatory law.

7.2 Client Responsibilities.
We are not responsible for losses or damages arising from:
   -Client failure to obtain permits or approvals;
   -Site readiness failures;
   -Third-party contractors or service providers;
   -Client-provided information inaccuracies.

7.3 Third-Party Actions.
We are not liable for actions or omissions of carriers, port authorities, customs authorities, inspectors, or third parties beyond our reasonable control.

8. Limitation of Liability

8.1 Exclusion of Indirect 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.

8.2 Liability Cap.
To the maximum extent permitted by law, our total aggregate liability relating to a project or purchase shall not exceed the total amount actually paid to us by the client for the specific modular housing unit or service giving rise to the claim.

8.3 Non-Excludable Liability.
Nothing in this section excludes or limits liability that cannot be excluded or limited under applicable law.

9. Force Majeure and Risk Events

9.1 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, epidemics, or supply chain disruption.

9.2 Effect on Obligations.
Affected obligations may be suspended or timelines extended for the duration of the force majeure event.

10. No Additional Warranties

10.1 Disclaimer of Implied Warranties.
To the maximum extent permitted by law, all implied warranties, including implied warranties of merchantability or fitness for a particular purpose, are disclaimed.

10.2 No Reliance on Marketing Statements.
Clients acknowledge that purchasing decisions are based on written agreements and Project Documentation, not on general marketing statements or website content.

11. Mandatory Law and Consumer Protections

11.1 Mandatory Rights Preserved.
Nothing in this Warranty & Liability section limits rights that cannot be excluded under Japanese law or other applicable mandatory consumer protection laws.

11.2 Jurisdictional Variations.
Warranty rights and remedies may vary by jurisdiction. Where mandatory local law provides additional rights, those rights apply to the extent required.

12. Survival

12.1 Surviving Provisions.
‍Liability limitations, dispute resolution, confidentiality, and governing law provisions survive completion, termination, and expiry of the warranty period.

Contact

For inquiries regarding legal matters:
info@storethebark.com