Terms and Conditions
We at Tiny Blox Pty Ltd ACN 627 786 618 (http:www.tinyblox.com.au), are creators and design innovators of market leading buildings and related products (“Products”) and as part of making available our Products we deliver or arrange Services including design customisation, determining if your property is suitable to allow our Products to be placed on your property, managing local authority approvals, managing delivery, erection and construction and after sales service (“Services”).
These terms and conditions (“Terms and Conditions”) apply to the supply of all Products and Services by Us to You (the Customer) and You are deemed to accept these Terms and Conditions on the first to occur of: -
You submit an order FOR ANY Product or Service; or
You accept deliver of any Product or Service; or
You make payment or partial payment for any Product or Service.
It is Your responsibility to make sure the Products are Used in accordance with all legal requirements and standards as required by local authorities, development standards, building codes of Australia and other applicable laws.
You acknowledge that all Products are designed and manufactured utilising proprietary products commonly available and that each have warranties (if any) from the manufacturer.
Where You install the Product, yourself, You take full responsibility and we have no liability for the manner in which You have installed the Product.
Quotes and Orders
You can request a Quote from Us for Products or Services.
Any Quote provided by Us will include the price and any additional terms and conditions.
A Quote by Us is valid for 30 days.
We reserve the right to withdraw a Quote at any time before You place an Order.
If a Quote is acceptable to You, You may place an Order.
An Order is not binding on Us until we have received full payment for the order.
The price for the Products and Services will be the price we Quote to You and that is paid by You to Us.
We reserve the right to vary the Price at any time prior to You paying for Your Order.
We will issue You an invoice for Products and Services when You place an Order.
We shall not provide any Products or Services to You until You have paid the Price in our Quote in full.
All payments are to be made to Us in cash by direct debit to the bank account nominated by Us or as otherwise indicated in writing.
Delivery, Risk and Insurance
We will arrange and manage delivery of all Products and Services to You and We will make all reasonable endeavours to ensure the Products are delivered and the Services commence within 7 days of You paying the Quote for the Order in full and in the case of a Product, the Products being manufactured and available for delivery and in the case of Services You having paid Us or any independent contractors we direct You that may require payment.
Any delivery dates we provide to You are indicative only and You agree that we shall not be responsible for any delivery delays.
Delivery shall be made to the place specified by You and: -
We may require payment from You for the cost of delivery which must be paid prior to delivering the Product.
You must create a suitable access and an appropriate space for delivery.
Where You have not provided suitable access and a suitable space Products may be unloaded to an alternative point at the delivery property.
If You fail to create an appropriate space for delivery of the Products at Your premises and the Products cannot be unloaded and have to be returned to our warehouse You will liable for the expense and storage cost.
We will not store Your ordered Products for more than 4 weeks and we reserve the right to resell Your Products after the 4-week period without accounting to you.
You must sign for receipt of any Order upon delivery.
We reserve the right to make deliveries in instalments and these terms and conditions shall be severable to apply to each instalment.
Risk passes on the delivery of the Products to You and You accept all responsibility for any loss or damage that may occur to the Products from the time that risk passes to you.
The Suspension and Cancellation
Upon Payment for any Product or Service, the Product or Service cannot be cancelled by You.
We have the right to cancel any Order for any Product or Service prior to Payment and if We refund the Payment.
Local Authority Approval
Where You require we will arrange a town planning report to determine if Your property is suitable for the Products to be located on Your property, and if you require We will manage obtaining all local authority approvals required for the Products to be located on Your property.
Services in relation to town planning reports and local authority approvals may be provided by third parties and You may be required to enter into agreements with those third parties and You will be required to pay those third parties either direct or to Us and We will pay those third parties.
You will make Your own assessment of the accessibility and expertise of a third party and will not rely on our skill or judgement when selecting any service from a third part recommended by Us.
We have no liability or responsibility for any performance of any third party although We will utilise our best endeavours to select the most appropriate and skilled third party and to ensure they carry out their responsibilities.
You will not rely on any information provide by Us either verbally or in writing regarding the suitability or appropriateness, necessities for or the effect of any approvals required from local authorities.
We will utilise our best endeavours to achieve approvals from local authorities for the Products to be erected on Your land either ourselves or by utilising the Services of the third parties.
Erection and Installation
Our Products will either be erected and installed by You, or by third parties arranged by You or by third parties recommended by Us, or by Us.
It may be necessary for You to enter into erection and installation agreements with third parties either selected by You or recommended by Us.
You will make Your own assessment of the suitability and expertise of a third party and You will not rely on our skill or judgement when engaging a service from a third-party including erection and installation.
We have no liability or responsibility for erection and installation by You, a third party engaged by You or a third party recommended by Us.
We will utilise our best endeavours to recommend third parties that will erect and install the Products to the highest standards and that are reputable and that are highly skilled.
Defects and Warranties
We utilise proprietary building Products in the manufacturing of our Products and any warranties for building Products if any, will be provided by the manufacturer and supplier of those Products which We will pass to You.
If there is any defect in any of the Products, We Supply, We will utilise our best endeavours to arrange alternative Products from the suppliers of those Products.
You should inspect the Products immediately once they are delivered and advise Us immediately if there are any defect and if any Products require replacement by any third-party suppliers, we shall arrange replacement as quickly as reasonably possible.
The exclusions of Our responsibility are as follows, and You will have responsibility for: -
Loss or damage to any Product caused by factors beyond our control.
Any unpacked Products that may not have been stored in a properly ventilated room or if outside not protected from the sun, UV, rain or exposed to other elements.
Any Products that may have been unpacked or kept in an unprotected environment or exposed to the elements that may have caused damage.
Damage caused by returning Products not in the original package and not packed and wrapped appropriately.
Any Products that have not been installed or maintained in accordance to maintenance or care instructions.
Any alterations or repair to Products not performed without our recommendations.
Damage or defects caused to the Products due to misuse, unusual and not recommended or negligent Use.
Damage caused by excessive wind or other environmental factors.
Damage due to normal wear and tear.
Vermin, excessive weather conditions, force majeure events, loss of damage beyond our control, installation and/or maintenance, not in accordance with Our instructions.
Natural wear and tear.
Any natural behaviour of timber or other natural Products.
Everything associated with the production, development and supply of our Products and Services, including drawings, illustrations, specifications and other literature remains Our property and shall not be transferred, signed, licensed, reproduced, disclosed or otherwise given to any other person, or otherwise utilised or exploited by You without our written consent, however any advice we provide you regarding a town planning report or local authority approvals, ourselves, or by third parties, is Your property.
You agree to keep confidential and shall not Use any confidential information communicated by Us to You without or prior written consent.
All prices we Quote with respect to a taxable supply are exclusive of GST.
You must pay to Us all GST in addition to any Price that We Quote.
We will issue a tax invoice for any taxable supply.
Where You pay any third party direct, that third party if it provides a taxable supply, will issue You a separate tax invoice.
You agree to indemnify and to keep Us indemnified in respect of all damage, loss, cost and expenses (including legal costs) that we may incur as a result of Your breach or alleged breach of these terms and conditions.
We may at any time terminate any Order or Services prior to payment or if after payment by you, if We refund the payment by You.
You shall ensure that the Products and Services are only Used for lawful purposes and in accordance with all applicable laws.
These terms and conditions bind our successor, administrators and permitted assigns and Your executors and permitted assigns or being a company is successors, administrators and permitters assigns.
We may without notice to You assign, transfer or subcontract our rights and obligations (in whole or in part) under these terms and conditions. You may not assign, transfer or holder on trust or otherwise delegate any of Your rights or obligations under these terms and conditions without our prior written consent.
We may at any time vary these terms and conditions providing to You by notice in writing.
These terms and conditions shall be governed by the laws of Queensland and the parties irrevocable submit to the nonexclusive jurisdictions of the Courts of Queensland.
Interpretation and Definitions
“Delivery” means the delivery of the Products and/or Services.
“Products” means products defined in clause 1.1.
“GST” and” GST Law” have the meaning as set out in the A New Tax System (Products and Services Tax) Act 1999 (Cth).
“Intellectual Property Rights” means all forms of intellectual property rights in the Products or Services (whether registered or unregistered) in copyright, designs, patents, trademarks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
“Invoice” unless otherwise agreed means the invoice issued upon the Order of the Products and/or Services specified in Your Order.
“Order” means an Order for Products and/or Services received by Us in writing or otherwise.
“Payment” means payment of any amount owing by You to Us relating to Products or Services in accordance with these Terms and Conditions.
“Price” means the Price We Quote to You for Products and/or Services.
“Quote” means a quotation by Us for the supply by Us of particular Products and/or Services.
“Services” means services defined in clause 1.1.
“We” or “Us” means Tiny Blox Pty Ltd ACN 627 786 618
“You” or “Your” means the Customer.