Terms and conditions




General

Where in these general terms and conditions of sale (“General Terms and Conditions of Sale”) the expression “the Company” is used, it shall be taken to mean House, Homes, Huts Pty Ltd ABN 91 649 807 312, and/or its subsidiary Pod Concepts. “Collateral” and/or “Goods” shall mean all goods and/or services supplied by the Company to the Customer, or ordered by the Customer but not yet supplied, and includes goods described on any quotation, invoice, purchase order or any other document including any recommendations and advice and over which the Company may intend to register a security interest. You the customer may be referred to in these General Terms and Conditions of Sale & Security Agreement as “the Customer”.

These General Terms and Conditions of Sale are effective from the date of acceptance through purchase by the Customer and may be amended or superseded from time to time by reasonable notice given by the Company in writing. Unless or except specifically excluded herein, the Company retains any rights and remedies available in any prior or pre-existing agreement.

The Customer acknowledges that these General Terms and Conditions of Sale apply in relation to all sales of Goods by the Company to the Customer and to all orders placed with the Company. No person acting or purporting to act on the Company” behalf has the authority to make any promise, representation or undertaking or to add to or change in any way these General Terms and Conditions of Sale except expressly in writing. These terms and conditions are in addition to and in no way are intended to limit, vary or exclude any rights conferred by the conditions and warranties implied by the relevant national consumer legislation or by any similar legislation of a State or Territory of Australia which prohibits any such limitation, variation or exclusion. Prices are subject to change with reasonable notice.

Clerical errors are subject to correction and do not bind the Company. The Customer” rights under these General Terms and Conditions of Sale are not assignable or transferable.

The Company reserves the right to vary these General Terms and Conditions of Sale.

Before signing or agreeing to these General Terms and Conditions of Sale if there are any that you do not understand or agree with then you should raise these issues with the Company. The Company is prepared to reasonably negotiate in good faith the General Terms and Conditions of Sale & Security Agreement if the Customer contacts the Company prior to signing this agreement.

Request for Supply of Goods

The Company shall accept orders from the Customer by any means the order is provided and shall invoice the Customer in writing once accepted. The Company may accept orders from the Customer or any person who the Company reasonably believes is an employee, officer or agent of the Customer without making further enquiry into that person’s authority to place orders. Any order from the Customer to the Company for the supply of Goods shall not be binding upon the Company until accepted by the Company.

GST

Trade prices do not include GST. The Company will charge GST at the rate set by the Government in respect of any supply made to the Customer.

Quotations

Any quotations provided by the Company remain open for acceptance for a period of 30 days from the date of quotation. After this time this quotation is voidable at the option of the Company which may in its absolute discretion determine this quotation and subsequently revise the price or any other of the conditions so quoted.

No quotation given by the Company to the Customer shall constitute an offer. Following receipt of the quotation, the Customer must place an order with the Company in respect of the quotation. Prices given in any quotation by the Company are applicable to that quotation only and will not apply in any other instance.

The Company may withdraw, revoke or vary a written quotation at any time prior to the Purchaser submitting an order which accepts the offer to sell comprised by
the written quotation.

The Company acknowledges that the supply of Goods by the Company under these Conditions to an individual /Customer whose acquisition of the Goods is wholly or predominantly for personal, domestic or household use or consumption, will be a consumer contract for the purposes of the Australian Consumer Law
(Consumer Contract).

Cancellations

No order may be cancelled by the Customer without the written consent of the Company, irrespective of whether or not the Company has advised the Customer of its acceptance of that order.

A Non-disclosure form will be required to be completed by the customer if, for any situation, the customer does not continue with a purchase. The signer agrees to not disclose the dollar value of the refund, replacement or repair. The signer agrees not to criticise the company, especially online, after receiving the refund, repair or replacement.

Installation

Where the company agrees to and is legally permitted to install Goods at any premises (the “premises”) the following conditions shall apply:

The Customer will provide reasonable access for the Company, its servants, agents and subcontractors to the premises during the period of installation as may be agreed by the parties to enable the Company to carry out its obligations. The Customer will also provide at its own expense, connection for electricity and any other similar services required by the Company for installation of the Goods.

The Company will be under no liability or responsibility for any loss, damage or expense howsoever incurred by the Customer as the result of:

  • any failure or delay by the Company in performing any of its obligations under the contract due to any reason beyond the control of the Company; or
  • any prohibitions or restrictions under any applicable statutes, bylaws or regulations.

Any existing defects discovered by the Company in the course of installation shall be the responsibility of the Customer and the Company shall be the sole judge in respect of determining what remedial action is required. The Company may terminate any contract if the remedial action is not completed or taken as instructed, and within the time specified, by the Company without prejudice to its existing rights. Any additional expense incurred by the Company will be the responsibility of the Customer.

Collection and Delivery of Goods

The Customer will be invoiced for the price of the Goods and the Goods will then in the discretion of the Company either be delivered to the Customer premises or to a depot selected by the Company. All Goods must be collected within a maximum period of 10 working days after the specified date. The Company will notify the Customer of the date the Goods will either be delivered or ready for collection, and the location for collection. If the Customer is unable or unwilling to accept physical delivery of the Goods within ten (10) working days of the Goods are ready for delivery, the Company shall be entitled to charge a fee for any delay suffered, or to arrange for storage of the Goods at the risk and cost of the Customer. All transportation, storage and other consequential costs shall be payable by the Customer as part of the Goods in question.

All times quoted for delivery and/or installation are estimates only. Subject to the Claims clause of these General Terms and Conditions of Sale, the Company shall not be liable for any loss or damage, including consequential loss or damage, arising from delay in delivery and/or installation or failure to deliver Goods, either in whole or in part.

The Company obligation to deliver shall be discharged on arrival of the Goods at the Customer nominated delivery destination or nominated agent or carrier. The Customer shall not be relieved of any obligation to accept or pay for Goods by reason of any delay in delivery or despatch. The Company reserves the right to deliver by portion and each portion shall not entitle the Customer to repudiate the contract. Delivery will be deemed to have occurred when on-loaded at the Company premises and all Goods shall be the risk of the Customer after on-loading.

Unless otherwise stated, prices do not include the cost of delivery of Goods (excluding Adelaide metro area), including but not limited to costs incurred by the Company arising out of late notification by the Purchaser of a change to agreed delivery schedule, storage charges where Goods are not collected immediately upon being made available and demurrage costs incurred by the Company. Loading lengths (as defined by Local State Transport Authorities) will be subject to any additional delivery charge.

Unless otherwise agreed, the Company shall deliver Goods to the Purchaser as
follows:
(a) The Company reserves the right to arrange transport by any means in its
absolute discretion;
(b) delivery will be made during Working Hours to the location agreed by the
parties (“Delivery Point”);
(c) The Company or its transport contractor will deliver the Goods so close (“Drop
Spot”) to the Delivery Point as, in the opinion of the Company or its transport
contractor, it is safe or prudent to do so and delivery occurs and risk in
the Goods passes to the Purchaser when the Company or its transport
contractor’s delivery vehicle arrives at the Drop Spot;
(d) The Company reserves the right to charge the Purchaser any costs which it
incurs as a result of any delay by the Purchaser in unloading the Goods
or where unloading of the Goods cannot be effected, including, if
applicable, a return delivery fee at the prevailing freight rates;
(e) the unloading of Goods at a Drop Spot is the Purchaser’s responsibility at
its own cost and risk but the Company or its transport contractor may, without
liability to the Purchaser, unload the Goods at the Drop Spot if the
Purchaser requests the Company to do so or is absent from the Drop Spot at
the time the Company or its transport contractor wishes to unload and, subject
to the rights of Consumers set out in clause 11.2, the Purchaser releases
and forever discharges the Company and its transport contractor from and
against any claim, cause of action or liability arising out of the unloading
of Goods at the Drop Spot;
(f) where the Purchaser attends the Company premises to acquire the Goods,
the Company may, in its absolute discretion:
(i) deliver the Goods into or onto the Purchasers vehicle in which
case risk in the Goods passes to the Purchaser and delivery is
effected when the Goods are set down in or on the Purchasers
vehicle; or
(ii) deliver the Goods by setting them down along side the Purchaser’s
vehicle in which case risk in the Goods passes to the Purchaser
and delivery is effected when the Goods are set down along side
the Purchaser’s vehicle notwithstanding that the Company staff may, on
request, assist the Purchaser to load the Goods into or onto the
Purchaser’s vehicle.
Goods ordered for collection will be held for a maximum period of 10 Business
Days after the specific collection date. If the Goods are not collected by that
time, they may be delivered to (at the Company option) the Purchaser’s site or store or to a store selected by the Company and all costs incurred by the Company in relation to the holding and delivery of the Goods shall be charged to and be paid by the Purchaser.
The Goods are at the Purchaser’s risk from the time at which they are delivered
to the Purchaser or its nominee.
Handling Safety – the Company product may be sharp and heavy. It is
recommended that heavy-duty cut resistant gloves and appropriate manual
handling techniques or a lifting plan be used when handling material.
Dates and times quoted for delivery are estimates only. Maximum lengths for
products vary by State and Territory and delivery of such will be determined by
the Company on a case by case basis.
The Company shall not be obliged to complete any order in one delivery and
expressly reserves the right to deliver by instalments. Where the Company delivers by instalments each instalment shall be deemed to be sold to the Purchaser under a separate contract. Failure to deliver any one instalment by the time quoted for delivery of that instalment (if any) shall not entitle the Purchaser to repudiate the order.
Where the Company or its transport contractor enters the Purchaser’s premises or the premises of a third party nominated by the Purchaser as a delivery point, the
Purchaser:
(a) releases the Company from any claim the Purchaser may at any time have had
against the Company but for this release in respect of damage occasioned to the Purchaser’s premises or injury to persons arising out of the delivery by
the Company or its transport contractor of Goods to such premises; and
(b) indemnifies and holds the Company harmless from and against any loss,
damage or liability suffered or incurred by the Company in respect of damage
occasioned to the third party’s premises or injury to persons arising out of
the delivery by the Company or its transport contractor of Goods to the
premises of the third party except for and to the extent that such loss,
damage or liability suffered or incurred by the Company arises out of the
negligence or wilful misconduct of the Company or its transport contractor.
No defect or claim in respect of Goods delivered shall entitle the Purchaser to
reject delivery of other Goods, which are not subject to any defect or claim,
delivered as part of the order.
If the Company is prevented either directly or indirectly from performing any of its
obligations under these Conditions, including without limitation, making a
delivery of the Goods or any part of the Goods by reason of Force Majeure it
shall be entitled, at its option, by notice to the Purchaser, either to:
(a) extend the time for delivery of the Goods for a reasonable period; or
(b) subject to refunding the Purchaser for any payment already made to
the Company in respect of those particular Goods (if any), terminate this
contract, and the Purchaser shall not have any claim against the Company for damages or any other remedy for breach of contract. “Force Majeure” shall mean an act of God, war, fire, strike, lockout, trade or industrial disputes, government
interference, lack of production capacity or raw materials, transport delays,
accidents, breakdown of plant or machinery, non delivery or shortage of
supplies or any other cause beyond the Company control.

Payment

Payment for all Goods purchased from the Company is due and payable at the time of purchase.

Where the Purchaser is in default in the performance of any of its obligations
under these Conditions and the Goods have not been supplied under a
Consumer Contract, the Company may refuse, without prejudice to any other rights it may have under these Conditions or at law, to supply or deliver further Goods to the Purchaser until such time as the Purchaser has remedied that default, and / or may choose to terminate the contract.

If the Purchaser (including a Purchaser under a Consumer Contract)
commences to be wound up or is placed under official management or into liquidation or has a receiver and/or manager appointed in respect of any of its
assets or becomes insolvent, commits any act of bankruptcy or becomes subject
to any other analogous event, the Company may at its option exercise any or all of
the following rights in addition to any other rights it may have under these Conditions or at law:
(a) suspend deliveries of further Goods to the Purchaser whether under this
contract or otherwise;
(b) terminate the contract in relation to Goods that have not been delivered;
(c) withdraw any credit facilities which may have been extended to the
Purchaser and require immediate payment of all moneys owed to the Company by the Purchaser;
(d) issue an invoice for, and demand immediate payment of, Goods ordered
by the Purchaser but not delivered.

Fitness for Purpose

The Customer agrees that the Company shall not be liable for any:

  • representation, promise or undertaking regarding the fitness or otherwise of Goods supplied by the Company unless it is made in writing or implied by law.
  • failure by the Customer to fix, install, erect, or maintain the Goods in accordance with any advice, recommendation, specification, information, assistance or service provided by the Company in relation to Goods sold or manufactured by it. The performance of steel products is dependent on the environment, product selection, handling, installation and maintenance.

Material Supply

Where the Customer orders a particular brand of product, the Company may in its absolute discretion supply another product with identical or similar properties to that which was ordered (“the Equivalent”) and the Customer will be obliged to accept and pay for the Equivalent as if the ordered brand of product had been supplied. Where an Equivalent is supplied, the Company will not be under any obligation to notify the Customer of such occurrence, and Customers should note that the use of colour names in any Company document indicate no more than the colour of product supplied or its equivalency. This term will not apply if, and only if, the Customer has given notice in writing to the Company stating that the Customer is only prepared to accept products bearing the brands or trademarks specified in its orders.

Defects

The Customer shall inspect the Goods upon delivery and will, within 48 hours, notify the Company of any defects, short deliveries or any failure to fulfil any quotation or order. The Customer will, within a reasonable time following delivery, grant the Company access to the Goods in order to inspect for any alleged defects. Should the Customer fail to notify the Company within the specified period then the Goods shall be deemed to be in compliance with the order and free from any defect whatsoever.

Damage, Inaccuracies

The Purchaser shall check all Goods received immediately upon unloading and
shall notify the Company in writing of any inaccuracies or short supply of Goods or
any fault, damage or defect in Goods or failure of Goods to comply with the
terms of a contract made pursuant to these Conditions within 2 Business Days
of the date of delivery of the Goods.
Subject to the rights of Consumers set out in clause 11.2, if the Purchaser does
not notify the Company in writing within 2 Business Days of the date of delivery,
the Company will not be responsible for any loss or damage whatsoever and
howsoever caused arising out of or resulting from such inaccuracies or short
supply of Goods, or fault, damage or defect in Goods or failure of Goods to
comply with the terms of a contract, except if you are a Purchaser under a
Consumer Contract and such loss or damage arises from the negligence or
wilful misconduct of the Company , or any of its officers, employees or agents.
Subject to the rights of Consumers set out in clause 11.2, if the Purchaser
notifies the Company in writing of a fault, damage or defect in Goods or failure of
Goods to comply with the terms of a contract made pursuant to these
Conditions within 2 Business Days of delivery then the Company will, if in its opinion,
the Purchaser’s notice is reasonable and the Purchaser has not used the
Goods, at the Company option, repair or replace the Goods that appear to be
faulty, damaged or defective or not in compliance with the terms of a contract
made pursuant to these Conditions and the Company shall have no additional
liability to the Purchaser.
Any queries regarding items shown on invoices issued by the Company shall be
lodged by the Purchaser with the Company within 7 days of the issue date of the
relevant invoice.

Default of the Customer

If the Customer makes a default in any payment, commits any act of bankruptcy, has liens placed on a project or assets frozen or restrained, or becomes subject to any form of external administration or an application for any form of external administration is made, the Company may at its option withhold further deliveries or refuse further supply of Goods or credit without prejudice to its rights thereunder. Where such default occurs this shall not in any way prejudice the right of the Company to recover any amounts due for goods previously supplied, or manufactured to the Customer” requirements.

Jurisdiction

The Company shall have the exclusive right to nominate the Court in which any legal action is to be commenced and conducted, and the Customer shall consent to a permanent stay of any proceedings which may have been commenced by the Customer in a Court not nominated by the Company.

Claims

No claim by the Customer for poor workmanship or failure to supply products conforming to the Customer” orders shall be recognised by the Company unless made in writing to the Company within 14 days after delivery of the Goods to the Customer. No claim involving labour charges or product replacement will be recognised by the Company unless the Company” agreement to the value of such claim is obtained immediately such a problem becomes evident and the Customer has demonstrated that he has taken all possible action to minimise the effect of such a claim and the Company has been given sufficient time to investigate and take such action it feels necessary to resolve the problem. No claims will be recognised by the Company relating to Goods which have been fixed unless in the Company” view the problem could not have been detected during the fixing process. Claims for lost time or waiting time will not be approved by the Company. No claim will be recognised by the Company for any loss, damage or injury of any kind whatsoever, arising directly or indirectly from the Customer” failure to obtain independent professional and/or tradesman” advice in relation to the suitability of the Goods for any specific purpose. The Company shall not be liable to the Customer for any loss of profits or consequential, indirect or special loss, damage or injury of any kind whatsoever, arising directly or indirectly from any defect in the Goods or their installation (regardless of any express or implied terms, or by reason of the Company” negligent act or omission or otherwise at common law).

In the event that the Company is found liable the Customer” claim is limited to the amount of the Goods supplied by the Company.

Returned Goods

Stock items only may be returned for credit within 30 days from date of delivery if they are in prime condition, and will be subject to a handling fee of 15%. The invoice number and delivery date must be quoted upon return. Goods will not be accepted for credit after 30 days from date of delivery. If specially manufactured to the Customer” requirements, Goods may not be returned for credit.

Termination

Once items are paid for by the Customer, an order is placed with our supplier. If the Customer terminates, varies or adjusts the order after commitment through payment no liability exists to the Company. If the order is to be cancelled or changed for any reason whatsoever the Company is not liable.

Sub-Contracting

The Company reserves the right to sub-contract the manufacture and/or supply of any part of the Goods quoted or of any materials or services to be supplied.

Caveatable Interest

The Customer hereby charges in favour of the Company all its estate and interest in any land and in any other assets, whether tangible or intangible, freehold or leasehold, in which it now has any legal or beneficial interest or in which it later acquires any such interest with payment of all monies owed by the Customer and consents to the lodging by the Company of a caveat or caveats which note its interest in or over any such land or other caveatable property.

Title to Goods

All Goods supplied by the Company shall be at the Customer” risk from the time of on-loading at the supplying Company” premises. The legal and equitable title to and property in the Goods will not pass to the Customer until the Customer has paid all monies owed to the Company on any account whatsoever. Payment shall not be deemed to occur until all cheques in payment of monies owing to the Company have been presented and cleared in full. The Company reserves its right to enter upon any premises for the purpose of repossessing Goods. The right to repossess is without prejudice to any other rights of recovery otherwise available. Until all Goods are paid for in full the relationship of the Customer to the Company shall be as a fiduciary in respect of the Goods and accordingly, the Customer shall store the Goods in such a way that they can be recognised as the property of the Company and, if the Goods are sold by the Customer, the Company shall have the right to trace the proceeds thereof.

Specifications, Materials, and Special orders

Warranties, Liabilities and Indemnities

Interpretation