Terms and Conditions for the Sale of Prototype Housing Solutions
1. Introduction
These Terms and Conditions ("Terms") govern the sale of prototype housing solutions ("Product") by House of Habitats Pty Ltd (ABN 41 669 983 037). ("Seller") to the purchaser ("Buyer"). By purchasing the Product, the Buyer agrees to be bound by these Terms.
2. Prototype Nature of Product
2.1 The Buyer acknowledges and agrees that the Product is a prototype and is sold "as is"
2.2 The Buyer acknowledges that the Product may require further work to be undertaken by qualified tradespeople in order to make it fully compliant with the Australian regulatory framework including building regulations and Australian standards.
3. Payment Terms
3.1 Full payment of the invoice amount for the Product is required before a the Product is released to the Buyer. Payment delays may affect product availability and delivery timelines.
3.2 The Seller retains the right to amend payment conditions specified on the invoice.
3.3 The validity of quotes and invoices is confined to the period indicated on the quote or invoice.
4. No Warranties
4.1 Except as specified in any written warranty provided by the Seller to the Buyer, the Seller makes no warranties, express or implied, regarding the Product, including but not limited to warranties of fitness for a particular purpose, or compliance with any building or Australian standards.
4.2 The Buyer acknowledges that except as specified in any written product provided by the Seller, no representations or warranties have been made by the Seller regarding the quality, condition, or suitability of the Product.
5. Consumers
5.1 If the Buyer is a consumer (as defined in the Australian Consumer Law), the Product may come with statutory guarantees under the Australian consumer Law with remedies that cannot be excluded by these Terms.
6. Limitation of Liability
6.1 To the maximum extent permitted by law, the Seller's liability for any claim, loss, damage, or expense arising out of or in connection with the sale of the Product is limited to the purchase price of the Product.
6.2 The Seller will not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of use, or loss of data, arising out of or in connection with the sale of the Product.
7. Collection & Delivery
7.1 By agreeing to these Terms, the Buyer acknowledges and agree to the following:
(a) the Buyer is responsible for collection of the Product from the Seller’s premises;
(b) at the Buyer’s request the Seller is able to provide a list of its preferred transport partners; and
(c) the Seller is not accountable for any damage or delays caused by its preferred transport partners
8. Installation
8.1 The Buyer is responsible for the installation of the Product. This includes covering all installation costs and guaranteeing that the process complies with safety standards and applicable laws or regulations.
8.2 The Buyer acknowledges that:
(a) The installation should be undertaken by qualified tradespeople.
(b) The Buyer is responsible for ensuring the final installation meets all applicable local laws or regulations.
(c) The Buyer is responsible for ensuring a safe installation process that adheres to local laws or regulations, including all associated costs.
(d) Any installation instructions provided by the Seller serve as a guide only. They should be followed in combination with safe working practices, and installation should be executed by a certified tradesperson in strict compliance with local laws and regulations.(e) All expenses related to obtaining council permits or approvals are the Buyer’s responsibility.
(f) The Seller will not cover any extra costs to ensure that the Products, once installed by the Buyer, adheres to all relevant laws or regulations.
(g) at the Buyer’s request the Seller is able to provide a list of its preferred installation partners; and
(h) the Seller is not accountable for any damage or delays caused by its preferred installation partners
9. Third Party Regulatory Compliance
9.1 It is the Buyer’s responsibility to comply with all applicable laws including local council requirements and state legislation regarding the placement and use of the Product.
9.2 The Buyer must obtain all necessary permits and approvals.
10. Refunds
10.1 Refunds for products, post-delivery, will be evaluated individually at the Seller’s discretion.
If a refund is approved:
(a) the Buyer will bear any costs related to preparing the product for return;
(b) the Buyer is responsible for all costs related to the Product's return; and
(c) the Product must be returned in the same condition as it was delivered to the Buyer at the Buyer’s request the Seller is able to provide a list of its preferred transport partners; and
(d) the Seller is not accountable for any damage or delays caused by its preferred transport partners
11. Indemnity
The Buyer agrees to indemnify and hold harmless the Seller from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with the Buyer's use or possession of the Product.
12. Title and RiskTitle and risk transfer to the Buyer on pick-up, but ownership is contingent upon full payment.
13. Intellectual Property
We retain ownership of all intellectual property related to our products. The Buyer does not gain any intellectual property rights through transactions with us.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. Any disputes arising out of or in connection with these Terms will be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
15. Entire Agreement
These Terms constitute the entire agreement between the Seller and the Buyer regarding the sale of the Product and supersede all prior agreements, understandings, and representations.
16. Amendments
The Seller reserves the right to amend these Terms at any time. Any amendments will be effective immediately upon being posted on the Seller's website or otherwise communicated to the Buyer.
17. Exclusion of Unenforceable Terms
If any term is deemed unenforceable it is excluded and does not affect the enforceability of the remaining terms.
18. Acceptance
By purchasing the Product, the Buyer acknowledges that they have read, understood, and agree to be bound by these Terms.