Terms & Conditions

1. Chubbies Tiny Houses Ltd. shall be referred to herein as CTH or in the first person as ‘we’, ‘us’, ‘our’, etc. The second person shall be used to refer to the other party being the person contracting with us and may also be referred to as ‘the Customer’ or ‘Buyer’.
2. Chubbies Tiny Houses Ltd. is a company incorporated under the Laws of Barbados and is the legal entity with which you are contracting. Should there be any reference otherwise in this document or in any other agreement or correspondence from us (which is executed or signed by us and acknowledged as being from us), then such reference to any other person shall be taken as being a reference to us whereby reference to such person was for convenience only but the said person was acting on behalf of us.
3. Any person signing as or on behalf of the Customer further warrants to us that he or she is fully entitled in law to sign on behalf of the Customer and to have the terms hereof legally binding against the Customer; but where for whatever reason there is any issue challenge or claim in relation to the enforcement of the same against the Customer (including but not limited to as a result of capacity or authority), then the signatory shall be jointly and severally responsible to perform the terms and conditions hereof.

4. These terms and conditions govern our relationship and the terms hereof save limited defined circumstances shall prevail over any other term or condition. You will also sign a Form dubbed ‘Order Form’ which will contain specifics to your order and any other terms or conditions supplemental to this Agreement. The Order Form may operate to provide for any matter not contained herein or to enlarge any terms or conditions to our benefit; but where the same seeks to limit any term or condition hereof or operate to our detriment, the same shall be superseded by the terms hereof unless in the Order Form it is expressly stated that those terms shall notwithstanding this clause take precedence.  
5. No promises, warranties, representations, terms or conditions shall be binding or applicable unless the same is contained herein or contained clearly in a document signed by us.
6. The substance matter of our contract is the provision of goods to you, namely a customized container unit at our place of business. The bare Unit comprises a repurposed container with a single-entry door (‘the Bare Unit’). The Bare Unit will be customized based on your specifications (“the Unit”). For convenience sake, we will also coordinate and procure other services on your behalf which serve practical benefit to you but which we in no way shall be taken as providing on our own. These services include but are not limited to services related to: delivery, electrical work, plumbing, masonry, carpentry, on-site installation. If any of the said works carried out by such sub-contractors is defective, CTH will use its good offices to seek to have such contractors make good such defective work and (within its sole discretion) pursue any claim it thinks reasonable against its sub-contractors PROVIDED  that nothing contained herein shall be taken as imputing liability on CTH for defects in works or goods so procured and supplied/provided by persons besides CTH. We shall not be taken as being the provider of any other goods or services unless the same is clearly and expressly stated and this Clause in particular is stated as being supplemented or varied by the same and the same is signed by us with our company seal affixed.

7. You shall be required to pay the amounts referred to in the Order Form at the times/intervals required.

1. Should you fail to pay any amounts when due, then interest shall accrue monthly on the same from such due date until the same is paid in full at the rate of 1.5% per month calculated on the unpaid amount so due and outstanding.
2. Title shall not pass onto you until the full amount is paid in the manner required;
3. Without prejudice to (iv), until the said amounts are paid in full in the manner required, we shall be entitled to exercise a lien (if applicable as title shall not be deemed as being passed until the entire amount has been paid in full) in respect of the Unit or otherwise refuse to deliver the same until such payment is accordingly made;
4. We shall also be entitled to terminate this Agreement where a payment has not been made for more than fifteen (15) calendar days after the same was due whether or not formally demanded. In the case of such termination we shall be entitled to the full deposit paid as liquidated damages for your breach. Where not specified in the Order Form, the deposit amount shall be fifty per cent (50%) of the total amount for the Unit as well as for any other services you require. You hereby confirm and acknowledge that this amount is fair and reasonable in the circumstances and that you shall not make any claim for the return of the same or for the reduction of the same for any reason whatsoever.
5. Where we have forfeited the deposit title to the Unit shall not pass to you and we shall be fully entitled to dispose of the same in any manner we think fit including but not limited to sale.

8. CTH guarantees that provided that the full consideration is paid in the matter required, then:-

1. The Unit shall be free from encumbrances and full legal title shall be passed onto the Buyer;
2. The Buyer acknowledges that the Unit is a re-purposed container, and save in relation to this acknowledgement and that the Unit is to be assembled, transported and customized, the Unit has not otherwise been used since repurpose, unless the same has been stated on the order form (this does not apply to the use of any recycled materials used in the construction or assembly of the Unit); and
3. The Bare Unit shall be fit for the use of the same as self-contained unit safe for use by humans as is (but no guarantees in respect of the adapted or actual use by Buyer) free from defects at a reasonable location such as the show location of CTH (but not guaranteeing that the same shall be fit for any specific location or purpose of the Buyer

Save as contained herein no other guarantee is given or is to implied or inferred unless specifically required in law or unless specifically and expressly set out in writing and signed by us with our seal affixed.

9. Buyer shall be required to inspect the Unit at the time of delivery if shown to the Buyer at another location besides the location where it is to be setup; or at the time it is received at its location prior to the same being fully set up (‘the Delivery Date’).
10. Any issues or claims must be notified within thirty (30) calendar days from the Delivery Date, whereby time shall be of the essence. Any issues or claims raised after such period shall be taken as being as a result of the Buyer’s action unless and only unless the buyer can prove beyond reasonable doubt that such issue or claim existed prior to the Delivery Date as a result of CTH. Any acknowledgement or confirmation by the Buyer
11. that the Unit has been inspected and is in good condition shall be taken as irrebuttable conclusive evidence of the same as at the date so acknowledged.
12. No claims under this Agreement or in relation to any services procured or coordinated (including but not limited to any claims for negligence, defects, or breach) shall be actionable after six (6) calendar months from the Delivery Date. A signed letter or document from such person as to the date of the delivery of the same shall be conclusive evidence of the same. This clause applies to any and all claims by or against any person including but not limited to the parties hereof as well as the actual goods and service providers.
13. It is the responsibility of the Buyer to ensure that: =

1. It conforms with all applicable law in relation to the customization of the Unit, the delivery, installation and use including but not limited to laws relative to town and country planning, (e.g Planning and Development Act, 2019-5), nuisance, occupiers liability, any covenants conditions and restrictions (e.g those which may be found in any Conveyance or documents of title relative to real property), health and safety, employment, accommodation, lodging or otherwise;
2. Its customisations are structurally and practically sound without prejudicing the integrity of the Unit but that the Buyer assumes the risk of all such customisations and any damage caused as a result of the same shall be taken as being the Buyer’s responsibility; and
3. The Unit as intended to be set up is fit in all respects for its purposes and without prejudicing the same the Buyer has independently conducted such assessments to determine the same without in any way relying on CTH or any statement or opinion which may have been given by or on behalf of CTH’

And CTH in entering into this Agreement has relied on the Buyer duly complying with the above.

14. The Buyer understands that the Buyer is buying a unit made primarily of powder coated galvanized steel, as such while the unit is intended to be rust resistant, it is still susceptible to rust. Buyer should therefore carefully inspect the unit annually or at such other intervals as may be required and treat any signs of rust appropriately and perform any other needed remedial or other works. Buyer also acknowledges that different conditions may increase the likelihood or rust including but not limited to proximity to the sea/ocean, moisture levels/exposure, and drainage.
15. Without prejudicing the above, CTH shall not in any way be taken as:-

1. Representing or confirming that its goods shall satisfy any applicable law or requirement including but not limited to relevant Town and Country Planning legislation, electrical standards (including GEED or utility service provider requirements), ISO or industrial standards, or that any service it procures or coordinates will conform to the same
2. Any goods supplied shall generate a certain amount of revenue or any revenue or shall increase the value of any person’s property business or otherwise;
3. Any goods supplied shall be suitable for any purpose fitness or intention including any related to person’s property business or otherwise;
4. Representing the quality convenience or suitability of any service procured or coordinated; and
5. Representing or purporting in any way to be skilled in or an expert in construction, planning, plumbing, electrical works, masonry or any other service and further any statements made in such regard shall be taken at most as being opinions innocently given and not intended to be relied upon by the Buyer

16. Where the Unit is to be transported and set up at a location specified by the Buyer, the Buyer firstly warrants to CTH and to any contractor or service provider it procures or coordinates with that the Buyer is fully entitled to install the same on such premises and secondly that CTH and or any such contractor or service provider is granted a licence to do all such work or service contemplated herein for the installation of the same. The

17. Buyer also warrants the site is safe for entry and to have the services performed and there are no inherent risks or circumstances relevant in terms of health and safety including but not limited to the presence of dogs or any other animals, or any electrical, plumbing, topographical, geographical or structural matters which may be affected by the services to be performed.
18. Any guarantee given herein or required to be given by applicable law shall unless the law expressly requires otherwise be for a period of six (6) calendar months from the Date of Delivery.

Where the guarantee arises, the sole remedy for the Buyer is for CTH to repair the same.  As the Unit will be customized where as a result of such customization repairs would still in CTH’s opinion be impractical, then CTH’s repair obligations is in relation to repairing the same to a Bare Unit or as close as possible thereto.

Should there be any dispute as to whether any repair is satisfactory, CTH shall be entitled to but not required to refund the portion of the goods attributable to the Unit and where received by the Buyer shall be taken in final and full satisfaction of any claims under this Agreement and shall operate as a full release and discharge of CTH in respect of any claims disputes or breaches.

19. Save that CTH will supply spare parts for any repairs it is required to make under the Guarantee limited as set out herein, the Buyer acknowledges the nature of the Unit whereby customization can be done in enumerable and countless ways including firstly use of proprietary or specific parts and or expansion and modification to accommodate alternative parts should the need for repairs arise and accordingly, the Buyer does not consider that it is reasonable or practical for CTH to provide spare parts and any parts within the contemplation of the parties that may be required for repairs are readily available based on the Buyer’s own inspection.
20. Limitation of liability

We limit our liability as much as the law allows.

1. You shall only be entitled to monetary damages fixed and limited as set out below and without prejudice to the same shall not in any circumstance be entitled to indirect losses, legal fees, costs, interest, fines, penalties, loss of profits, pecuniary losses, losses or damages to any person whatsoever (including your employees, officers, contractors, guests or representatives), loss of reputation, exemplary damages, non-pecuniary losses, and punitive damages
2. The maximum amount you may recover from us in the case of goods supplied shall be the actual amount paid to us and attributable to such goods and in the case of any procured or coordinated service (without prejudice to any other disclaimer hereof) shall be the base procurement or coordinating fee attributable to such service and charged by us which shall be taken as being five per cent (5%) of the costs attributable to such service.

21. This agreement may not be assigned by you and any attempt to do so renders this agreement voidable or terminatable by us.
22. Any notice required or authorised to be given by either party under this Agreement to the other party shall be in writing and shall be served on the other party either personally or by registered mail sent to the parties’ respective addresses stated above.
23. Any disputes arising under this Agreement or in relation to any relationship between us shall be submitted to arbitration to a single arbitrator whose decision on the same shall be final and binding. Unless the parties otherwise agree such arbitrator shall be A.D.R. Corporation or if the same in unable or unwilling to act then Sir Marston C.D. Gibson.