Terms & Conditions

---

1. DELIVERY

a) Third-Party Delivery
Delivery is performed by independent, DOT-licensed and insured carriers. Desert Modular facilitates delivery as a convenience only and is not the carrier.

Purchaser agrees that Desert Modular shall not be liable for acts or omissions of third-party delivery providers.

b) Site Conditions & Risk
Purchaser is responsible for ensuring safe and accessible delivery conditions, including adequate space, clearance, and ground stability.

If a delivery vehicle becomes stuck, damaged, or cannot access the requested location:

• Purchaser assumes full responsibility for recovery costs
• Delivery may be completed at an alternate accessible location

c) Transit Damage / Claims
Risk of loss transfers to Purchaser upon dispatch to the carrier.

Any claims for loss or damage in transit must be filed directly with the carrier. Desert Modular will provide documentation and reasonable assistance upon request.

d) Delivery Timeline Disclaimer
All delivery timelines are estimates only and are not guaranteed. Delays may occur due to factors outside of Desert Modular's control, including port congestion, trucking delays, weather, or supply constraints.

Failure to meet estimated timelines shall not constitute breach of contract.

2. RETURNS & BUYBACK PROGRAM

Returns (30 Days)
Returns are subject to the following:

• Prior written approval required
• Container must be in original, unmodified condition
• Purchaser responsible for all shipping costs (original and return)
• Restocking fee may apply

Refunds are limited to the purchase price (excluding delivery and fees) and will be issued after inspection.

Buyback Program (Discretionary)
Desert Modular may repurchase containers at current market value, at its sole discretion.

Conditions:

• No structural modifications
• Subject to inspection and condition verification

3. CANCELLATION

Orders canceled more than 48 hours after purchase are subject to a $500 cancellation fee.

No fee applies if Desert Modular fails to perform its material obligations.

Desert Modular reserves the right to cancel orders impacted by events beyond its control (force majeure) and will issue refunds where applicable.

4. REMEDIES / WAIVER

All remedies are cumulative. Failure to enforce any provision shall not waive future enforcement.

5. ASSIGNMENT

Purchaser may not assign this Agreement without prior written consent from Desert Modular.

6. GOVERNING LAW & VENUE (ARIZONA)

This Agreement shall be governed by the laws of the State of Arizona.

Any dispute shall be brought in the state or federal courts located in the county where Desert Modular's principal place of business in Arizona is located.

7. ENTIRE AGREEMENT

This Agreement and the applicable invoice constitute the entire agreement between the parties. Any modifications must be in writing and signed by both parties.

8. INDEMNIFICATION

Purchaser agrees to indemnify, defend, and hold harmless Desert Modular from any claims arising out of:

• Use or misuse of the container
• Failure to comply with laws, codes, or permitting requirements
• Any modifications made after delivery

9. CUSTOMER PICKUP & STORAGE

Containers must be picked up within fifteen (15) days of release.

Failure to do so may result in:

• Storage fees of $20/day, or
• Order cancellation

Late payments:

• Subject to the lesser of 2% per month or maximum allowed by Arizona law
• Purchaser responsible for reasonable collection costs and attorneys’ fees

10. TAXES

Purchaser is responsible for all applicable taxes, assessments, and governmental fees associated with the purchase, delivery, and use of the equipment, including but not limited to sales tax, use tax, and similar charges.

For transactions where delivery occurs within the State of Arizona, applicable sales tax will be calculated and collected in accordance with Arizona law.

Purchaser agrees to indemnify and hold harmless Desert Modular from and against any claims, liabilities, penalties, interest, or expenses arising from Purchaser’s failure to pay any such taxes or fees when due.