Terms of Service

Last Updated: July 2026

1. Acceptance of Terms

By accessing and using the MODURA website (ems-prefab.com), you agree to be bound by these Terms of Service (“Terms”). If you do not agree with any part of these Terms, you must not use our website. These Terms apply to all visitors, users, and others who access or use the website.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the website after any changes constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Services Description

MODURA provides modular construction design, manufacturing, and delivery services. Our website provides information about these services, including project case studies, technical specifications, process descriptions, and a project inquiry system.

The information presented on this website is for general informational purposes only. A formal proposal, contract, or service agreement issued by an authorised MODURA representative supersedes any information provided on this website. Specifications, pricing, timelines, and availability referenced on the website are indicative and subject to change without notice.

3. Intellectual Property

3.1 Website Content

All content on this website, including but not limited to text, images, graphics, logos, icons, photographs, videos, design elements, and software, is the exclusive property of MODURA or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. © 2026 MODURA. All rights reserved.

You may view, download, and print pages from the website for your personal, non-commercial use only. You must not:

  • Reproduce, duplicate, copy, or re-sell any part of the website content
  • Modify, adapt, or create derivative works from website content
  • Use any content for commercial purposes without prior written consent
  • Remove any copyright, trademark, or proprietary notices from copies of content

3.2 BIM Models & Project-Specific Designs

BIM (Building Information Modelling) models, architectural designs, structural specifications, and project-specific technical documentation created by MODURA for a client project are licensed to the client upon full payment of all fees due for the relevant project. Until full payment is received, all such materials remain the intellectual property of MODURA.

4. User Obligations

When using our website, including submitting project inquiries, you agree to:

  • Provide accurate, current, and complete information in all form submissions
  • Not use the website for any unlawful purpose or in violation of any applicable laws or regulations
  • Not attempt to gain unauthorised access to any part of the website, its servers, or any connected systems
  • Not interfere with or disrupt the website, its infrastructure, or its security features
  • Not use any automated means (bots, scrapers, crawlers) to access or collect data from the website without prior written permission

5. Limitation of Liability

The information on this website is provided “as is” and for general informational purposes only. While we strive to keep information accurate and up to date, MODURA makes no warranties or representations, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the website or the information, products, or services described on it.

To the fullest extent permitted by applicable law, MODURA shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the website
  • Any loss of profits, revenue, data, business opportunity, or anticipated savings
  • Any decisions made or actions taken in reliance on website content
  • Any technical issues, errors, omissions, or interruptions in website availability

Nothing in these Terms excludes or limits MODURA’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be lawfully excluded or limited.

6. Third-Party Links

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by MODURA. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that MODURA shall not be liable for any damage or loss caused by or in connection with the use of any third-party content, website, or service.

The inclusion of any link does not imply endorsement by MODURA. You access third-party links at your own risk.

7. Payment, Delivery, and Project Risk Allocation

Sections 1 to 6 govern use of this website. The terms below govern a modular construction project, and they are the terms a procurement team should expect to see reflected in a contract. Where a signed contract conflicts with this page, the signed contract prevails. We publish them here so that commercial expectations are set before a proposal is issued, not after.

7.1 Payment Structure

Modular projects are staged payments tied to production milestones rather than to elapsed time, because value is created in the factory and can be verified there. The schedule below is the structure we quote against.

MilestoneTypical shareTriggered byEvidence issued
Reservation and design commencement10–20%Contract signature and design basis frozenSigned contract, design programme, named project contacts
Design approval10–15%Client approval of shop drawings and interface registerApproved-for-construction drawing set, interface register
Production start20–30%Steel released to the line and materials orderedMaterial certificates, production schedule, hold-point schedule
Frame and envelope complete15–20%Each module structurally closed and coatedDimensional records, coating logs, progress photographs per serial number
Systems and factory acceptance15–20%Integrated test passed and punch list closedCommissioning records, functional test report, FAT sign-off
Delivery and site handover10–15%Modules delivered, set, and connected per the scope splitDelivery confirmation, handover certificate, as-built documentation pack
Retention3–5% heldReleased at end of the defects liability periodNotice of completion of defects liability obligations

The final two rows are the ones buyers should negotiate hardest. A retention of 3 to 5 percent held for the duration of the defects liability period aligns the manufacturer with the building's first year in service. Confirm in the contract that each milestone is triggered by verifiable production evidence and not by an invoice date, and that a client-held marine spread or crane is explicitly off the module price.

7.2 Delivery, Delay, and Liquidated Damages

Modular delivery gives unusually clean delay allocation, because factory production is not weather-dependent and progress can be evidenced photographically per module serial number. That clarity is precisely why delay terms should be specific rather than general. The table below sets out how responsibility is normally allocated.

EventResponsibilityTypical contractual treatment
Factory production delayMODURA and fabrication partnersRecoverable against liquidated damages agreed at contract
Client design change after shop drawings approvedClientChange order with stated cost and schedule effect; no automatic delay recovery
Late client approval or late interface dataClientSchedule relief to MODURA, production slot may be reallocated
Late site readiness or foundation completionClientStanding time and storage charges at agreed daily rates
Weather and sea state on the transport legMarine spread owner, as agreedNamed as an excusable delay; insurance and charter terms apply
Vessel or crane unavailabilityContract party holding the marine spreadWhoever charters the vessel carries the schedule risk of it
Force majeureNeither partyExcusable and non-compensable, with a defined notice and mitigation duty

Liquidated damages should be capped at a percentage of the affected contract value rather than left uncapped, and the cap should be agreed before signature. Because the schedule advantage of modular delivery is the main reason clients choose it, we accept delay recovery on factory-controlled events and expect the same clarity from the client side on approvals, site readiness, and marine spread availability.

7.3 Title, Risk, and Insurance

Title and risk transfer separately, and on a modular project the gap between them matters. Title to a completed module normally passes on payment of the relevant milestone, while risk passes on delivery to the agreed point, which for offshore packages is often the load-out berth rather than the final destination. Confirm which party insures the module during barge transit and whether the cover is on a marine cargo or a construction all-risks basis, because the two do not respond identically to sea-fastening failure. If the client holds the marine spread, the client's policy is normally the responding one for transit.

7.4 Warranty and Defects Liability

  • Structural and weathertight integrity is warranted against defects in materials and workmanship broadly aligned with accepted construction industry practice for a comparable structure.
  • Coating systems are warranted in relation to the specified ISO 12944 exposure category, on the basis of the coating log and ambient condition records issued at production. A corrosion claim without the coating log is difficult to support for either party, which is why the records are part of the handover pack.
  • MEP and life-safety systems are warranted against installation defects, with equipment manufacturers' warranties passed through to the client to the extent assignable.
  • Defects liability period runs from handover, during which notified defects attributable to the module scope are rectified at no cost. Consumables, and damage caused by operation, third-party works, or deferred maintenance, are excluded.

Warranty obligations are limited to defects in the delivered scope. Latent interface defects arising from inaccurate legacy platform data, or from a design basis supplied by the client, fall outside the module warranty to the extent the inaccuracy was not reasonably discoverable by MODURA.

7.5 Variations and Change Control

No change is executed on a verbal instruction. A variation is valid when it is issued in writing, priced by MODURA with both a cost and a schedule effect stated, and accepted in writing by the client. Changes raised after shop drawings are approved, or after a module has entered production, carry an impact assessment that reflects work already performed and material commitments already made. Agreeing the change protocol at contract stage, rather than mid-fabrication, is what keeps an agreed price an agreed price.

7.6 Confidentiality and Project Information

Drawings, interface data, blast load definitions, and platform asset information supplied by the client are treated as confidential and used only for the project. Unless the client agrees in writing, MODURA does not publish client names, photographs showing identifiable assets, or project-specific performance data. Regulatory disclosures required by a flag state, class society, or port authority are made on a need-to-know basis.

7.7 Suspension and Termination

Either party may suspend for material breach with written notice and a cure period. On termination, the client is liable for work performed to date, materials and components ordered or committed, and any non-cancellable fabrication slots. Completed modules remain subject to the payment and title provisions in section 7.3. A client's obligation to pay for work properly performed survives termination of the contract.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

9. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. Changes will be posted on this page with an updated “Last Updated” date. Material changes may be notified via a notice on our website or by email where we hold your contact details.

Your continued use of the website after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the website.

10. Contact

If you have any questions about these Terms of Service, please contact us:

MODURA Legal

Email: [email protected]

Address: Qianwan Hard Technology Industrial Park, Bao'an District, Shenzhen, Guangdong 518101, China