Terms & Conditions
CAPSULE WHALES LTD – TERMS AND CONDITIONS OF SALE
(For Custom-Built Capsule Houses)
Effective Date: 23/04/2025
Company Registration: 15942303 | Registered in England & Wales
1. Definitions
- "Product": Bespoke capsule house manufactured to Customer specifications.
- "Order": Legally binding purchase agreement initiated by Customer deposit.
- "Production Partner": Third-party manufacturer in China (disclosed post-order).
- "Site": Customer’s designated UK installation location.
2. Order Process & Binding Nature
- Deposit Requirement: 50% non-refundable deposit is required to commence design/production.
- Binding Contract: Contract forms upon deposit receipt. Withdrawal incurs 100% deposit forfeiture.
- Pre-Production Approval: The customer must sign the technical drawings within 7 days. Delays void delivery estimates.
3. Pricing, Currency & Duties
- Pricing: All quotes in £GBP. Final price includes UK VAT
- Import duties, customs clearance fees (Seller’s responsibility).
- UK building control certification costs.
- Payment Schedule:
- 50% non-refundable deposit with the order.
- 40% due to pre-shipment from China.
- 10% balance pre-UK installation.
- Late Payments: 1.5% monthly interest + suspension of all services.
4. Production & Shipping
(Your final price covers everything from factory to site delivery)
- Production Timeline: Estimated 12 weeks from drawing approval.
What’s Included.
- Shipping from the factory to the UK port
- Insurance (£150k coverage)
- UK import taxes & customs fees
- Delivery to your site (within 80km of the port)
- Crane offloading (1-hour standard)
- VAT included
Production Risks: Customer accepts:
- Manufacturing happens in China under UK quality standards
- Delays due to Chinese factory schedules, raw material shortages, or port congestion.
By placing an order, you acknowledge and agree:
1. Irreversible Commitment
- Capsule houses are custom-built to your specifications in China.
- No cancellations/refunds once manufacturing begins (Consumer Rights Act 2015, Sect. 50).
2. Inherent Imperfections
Minor variations are not defects, including:
- Welding seam discolouration
- ±3mm panel alignment variance
- Texture differences in sprayed coatings
3. Uncontrollable Delays
We are not liable for delays caused by:
- Chinese factory shutdowns (e.g., energy rationing)
- Raw material embargoes (e.g., steel quotas)
- Geopolitical shipping disruptions (Red Sea closures)
4. Quality Verification Window
- Defects must be reported within 24 hours of delivery with photo evidence.
- Cosmetic flaws reported later void remedies.
5. Delivery, Installation & Site Requirements
- Customer Obligations (Critical):
- Planning Permission: Secure full planning consent before production starts.
- Building Control: Arrange inspections/compliance post-installation.
- Site Access: Minimum 4m width, hardstanding for cranes (costs borne by Customer).
- Foundation: Install engineered foundations to our specs before delivery.
- Force Majeure Delays: No liability for delays from:
- Chinese factory shutdowns, shipping strikes, UK port delays, or adverse weather.
6. No Cancellation/Returns Policy
- All Sales Final: Due to the bespoke nature, cross-border logistics, and production commitments:
- No cancellations permitted after deposit payment.
- No returns or refunds except under statutory warranty (Clause 7).
- Statutory Rights: Unaffected per Consumer Rights Act 2015 (see Clause 7).
7. Warranty & Defects
- Structural Warranty: 10 years for major defects (e.g., structural integrity).
- Non-Structural Warranty: 3 years for workmanship (e.g., sealing, fittings).
- Warranty Claims:
- Customer must report defects within 14 days of installation.
- Excludes damage from:
- Poor site prep/foundations.
- Customer modifications.
- Shipping/handling (unless otherwise claimed via marine insurance).
- Chinese regulatory/quality compliance issues.
8. Governing Law & Disputes
- Jurisdiction: English law exclusively.
- Pre-Arbitration: Parties must attempt mediation via [e.g., CEDR] before litigation.
- Costs: Customer is liable for our legal costs if a dispute arises from their breach of Site obligations.
9. Critical UK-Specific Disclaimers
> "Capsule Whales does not and cannot provide planning permission advice, guarantees, or assistance. The Customer alone is responsible for securing valid planning consent from their Local Planning Authority (LPA)."
> "UK Building Regulations compliance is the Customer’s responsibility. We supply Products meeting Chinese export standards; post-installation certification must be arranged by the Customer."
> "By paying the deposit, you acknowledge: (a) Production occurs in China under third-party control; (b) No cancellation/refunds are possible; (c) Capsule Whales acts as importer of record only."
Implementation Essentials
1. Deposit Agreement: Have customers sign a standalone Deposit Acknowledgement Form reiterating non-refundability.
2. Planning Permission Clause: Require written confirmation of planning consent before production.
3. Shipping Insurance: Included
4. Brexit Compliance: State: *"Customer is responsible for post-Brexit customs declarations and duties."
PRODUCTION & SHIPPING ADDENDUM (Supplement to Capsule Whales Terms & Conditions)
1. Production Timeline & Milestones
- Design Approval: Production starts only after the Customer signs final technical drawings (approval window: 7 days post-submission; silence = deemed approval).
- Manufacturing Period: 12–16 weeks (estimate). Delays due to:
- Chinese factory scheduling
- Raw material shortages (e.g., steel/insulation)
- Force Majeure events (labour strikes, government actions)
- Do not entitle the Customer to cancel or claim compensation.
2. Quality Control Protocol
- Pre-Shipment Inspection:
- Capsule Whales or a third-party inspector verifies structural integrity in China.
- Acceptance Criteria: Minor cosmetic defects (scratches, paint variations) do not justify rejection.