Last Updated: July 2026
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.
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.
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:
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.
When using our website, including submitting project inquiries, you agree to:
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:
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.
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.
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.
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.
| Milestone | Typical share | Triggered by | Evidence issued |
|---|---|---|---|
| Reservation and design commencement | 10–20% | Contract signature and design basis frozen | Signed contract, design programme, named project contacts |
| Design approval | 10–15% | Client approval of shop drawings and interface register | Approved-for-construction drawing set, interface register |
| Production start | 20–30% | Steel released to the line and materials ordered | Material certificates, production schedule, hold-point schedule |
| Frame and envelope complete | 15–20% | Each module structurally closed and coated | Dimensional records, coating logs, progress photographs per serial number |
| Systems and factory acceptance | 15–20% | Integrated test passed and punch list closed | Commissioning records, functional test report, FAT sign-off |
| Delivery and site handover | 10–15% | Modules delivered, set, and connected per the scope split | Delivery confirmation, handover certificate, as-built documentation pack |
| Retention | 3–5% held | Released at end of the defects liability period | Notice 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.
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.
| Event | Responsibility | Typical contractual treatment |
|---|---|---|
| Factory production delay | MODURA and fabrication partners | Recoverable against liquidated damages agreed at contract |
| Client design change after shop drawings approved | Client | Change order with stated cost and schedule effect; no automatic delay recovery |
| Late client approval or late interface data | Client | Schedule relief to MODURA, production slot may be reallocated |
| Late site readiness or foundation completion | Client | Standing time and storage charges at agreed daily rates |
| Weather and sea state on the transport leg | Marine spread owner, as agreed | Named as an excusable delay; insurance and charter terms apply |
| Vessel or crane unavailability | Contract party holding the marine spread | Whoever charters the vessel carries the schedule risk of it |
| Force majeure | Neither party | Excusable 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.
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.
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.
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.
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.
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.
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.
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.
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