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Terms and conditions

GENERAL TERMS AND CONDITIONS FOR MANUFACTURE OF A YURT SHELTER

The general terms and conditions of NOMAD SHELTER INC.’s manufacture and delivery of a yurt as below stated, as amended and additionally set forth in the attached Purchase Order Term Sheet (“Term Sheet”), constitute a contact between the parties therein named, which contract is hereafter referred to as “the Agreement”. Nomad Shelter Inc. shall be referred to herein as the “Seller” and the procuring party shall be referred to as the “Purchaser”.

 

1. General Classification of Services

​The Agreement is for the procurement of goods, specifically a yurt meeting specification set forth in the Yurt Specification Sheet and website. Unless otherwise set forth in the Term Sheet, installation or other consulting services are not considered a part of the Agreement. Although Seller tries to accurately reflect the brand and descriptions of all products utilized in the manufacturing of its yurts, inventory and supply issues may require the substitution of materials from other suppliers. In such cases Seller may utilize such substitute materials so long as the grade and performance of the substituted material is equal or better than that set forth in Seller’s general catalog and/or website.

2. Payment for Goods and Commencement of Yurt Manufacturing

​All yurt orders shall require an initial deposit of 25% of the total purchase price at the time of ordering. If the purchaser makes a change to the order, which results in an increase in cost, the increase in cost must be paid in full when the change order is made. Failure to make remaining payments may result in your yurt being sold to another customer and delays in your delivery.

3. Refund Policy

​Purchaser may obtain a full refund of any and all deposits by cancelling their order within 3 business days from the date of order. All notices must be in writing and received either in-person or by electronic mail sent to sales@nomadshelter.com. Refund of deposits for cancelled orders shall be sent to Purchaser by USPS Certified Mail within 30 days of the date of order cancellation. Orders cancelled more than 3 business days but less than 30 calendar days from the date of order will be entitled to a refund of ½ of the initial deposit amount. All cancellations after 30 calendar days from the date of order shall result in a full forfeiture of the Purchaser’s initial deposit.

4. Packages and Customizations

​The Seller’s yurts come in a variety of standard sizes, options, and engineering specifications. Customizations to these standards will result in a price increase. Any increase cost associated with a modification or customization of the standardized package will be added to future invoices and due at time of billing. All changes or customizations are not final until approved by Seller and Seller reserves the right to refuse or reject any changes or modifications at its sole discretion.

 

5. Change Orders

​Any change orders must be set forth in writing executed by both the Purchaser and Seller. In the event of an agreed upon change order, the estimated date of delivery may be modified to reflect delays associated with the change order. Change order to Durolast fabric color cannot be accommodated after this initial selection is made. Changes to size of yurt will result in delay of production and a new estimated production date. Seller reserves the right to refuse or reject any change order at its sole discretion.

 

6. Date of Completion

​The Term Sheet for all yurt sales shall include an Estimated Manufacture Completion Date (“EMCD”). The Parties acknowledge that any change orders or modifications made subsequent to the date of order will result in a delay in the EMCD that will be set forth in the writing associated with the modification or change order. Although Seller makes every effort to meet the EMCD, delays due to supply chain challenges, material purchasing, or shipping are common due to the difficulties of manufacturing in Alaska. The Purchaser should expect the EMCD to be an estimate; the exact manufacture date is subject to change based on a variety of circumstances. In the event that the EMCD is delayed more than 90 days, the Purchaser may request cancellation of the order and a full refund of all deposits. Any delays associated with a force majeure, including fire, earthquake, flood, acts of god or similar natural disaster, warfare, terrorism, or any failure or delay associated with availability or transportation of products beyond the Seller’s control shall not result in a discounted price or create a right to refund after 90 days. Seller will make best efforts to immediately notify purchaser in the event of a force majeure.

 

7. Final Payment Prior to Delivery

​Seller will provide notification to Purchaser 2 weeks prior to completion of the manufacture of the ordered yurt. Purchaser will make final payment before or upon completion of the manufacture of the ordered yurt. Delivery, pickup, or storage of the yurt will be arranged in advance of the completion of the yurt with Nomad Shelter. In the event that Purchaser fails to make final payment within 5 business days, Seller is permitted to charge Purchaser a 10% restocking fee and sell Purchaser’s yurt to another customer. If Purchaser’s yurt is sold to another customer under the provisions of this section, Purchaser’s deposit shall not be forfeited, but will be applied (less the 10% restocking fee) towards a new yurt order.

 

8. Scope of Goods and Services

​Unless otherwise specifically agreed to, Seller does not construct or provide platform for the yurts it manufactures. Although the Seller may provide information and advice on the construction of a yurt of the installation of a platform, such advice is not considered part of the procured goods or services and Seller is not liable for any costs or damages associated with the construction, erection or installation of the yurt or any part therein.

 

9. Entire Agreement

​These General Terms and Conditions along with the attached Term Sheet constitute the entire agreement between the Parties, and no promises or representation, other than those contained here and those implied by law, has been made by Seller or Purchaser. Any modification to the Agreement must be in writing signed by Seller and Purchaser. In the event of a conflict between the provisions in these General Terms and Conditions and the attached Term Sheet, the provisions of the Term Sheet shall supersede the General Terms and Conditions.

 

10. Enforcement of this Agreement

​Should any part of the Agreement, including these General Terms and Conditions or the attached Term Sheet, be unenforceable or ever deemed invalid, null or void, all remaining provisions of this Agreement shall continue in full force and effect. Should a dispute arise as to the terms or obligations set forth in the Agreement that requires the commencement of litigation, the prevailing party shall be entitled to reasonable attorney’s fees.

 

11. Governing Law

​This Agreement shall be governed by the laws of the State of Alaska and the Superior Courts of the State of Alaska shall be sole venue and jurisdiction for any litigation resulting from this Agreement.

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