By paying your deposit, you will be deemed to have read, understood and accepted our Terms of Sale.

Thank you for choosing Cottage Cabins Pty Ltd. At the heart of our ethos lie integrity, transparency, and the commitment to achieve superior results. These foundational principles play a crucial role in cultivating enduring and strong connections with our customers, suppliers, and the environment. The following terms and conditions have been meticulously articulated to ensure clarity and simplicity, so you can get on with more important matters. 

For the purposes of these terms and conditions:

“Us”, “Our”, and “We” refers to Cottage Cabins Pty Ltd

“You”, “Your”, “Purchaser,” “Customers”, and “Customer” refers to you, our valued customer.

“Products” refers to all products sold by Cottage Cabins Pty Ltd, which may change from time to time.

“Services” refers to all services sold by Cottage Cabins Pty Ltd, which may change from time to time.

“Third-Party Suppliers” refers to A third-party supplier is an external entity or business that provides goods, products, services, or information to Cottage Cabins Pty Ltd or directly to our customers, but is not directly affiliated with or part of Cottage Cabins Pty Ltd.

“Transport Partners” refers to an external entity or business that provides a delivery service on behalf of Cottage Cabins Pty Ltd, but is not directly affiliated with or part of Cottage Cabins Pty Ltd.

All dollar amounts are in Australian Dollars and include GST.

Amendment of Terms

We reserve the right to change, modify, add, or remove any part of these terms and conditions at any time. Upon accepting these terms and conditions, you agree that these terms govern our rights and obligations and subsequently your rights and obligations.

Acceptance

A full or partial payment made to Cottage Cabins Pty Ltd in relation to an invoice provided to you by us is deemed as your full confirmation that you understand and agree to all details stated on the invoice, including but not limited to the purchased items, item prices, delivery notes and payment terms and that you have read, understood and confirm your full acceptance of these terms and conditions. 

Limitation of Liability

It is an essential pre-condition that you agree and accept that we are not legally or financially responsible for any loss, or any consequential or incidental damages you might suffer related to the purchase and use of our products, both directly and indirectly. This includes but is not limited to loss of use, loss of revenue, inconvenience, or loss or damage to personal property.

Your use of, or reliance on, any information, or materials published and shared by Cottage Cabins Pty Ltd, is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that all products or services you purchase from Cottage Cabins Pty Ltd meet your specific requirements.

Any advice, recommendations, assistance, or service provided by us concerning the products is given in good faith and is believed to be accurate, suitable, and dependable at the time of provision. However, this information is provided without any warranty of accuracy, appropriateness, or reliability. We do not assume any liability or responsibility for any losses resulting from your reliance on such advice, recommendations, information, assistance, or service.

By engaging in the purchase of our products and services, you consent to indemnify us against any claims exceeding the guarantees we are obligated to provide under Australian Consumer Law.

Consumer Guarantees

Our products are accompanied by guarantees that are irrevocable under the applicable Australian Consumer Law, subject to amendments from time to time. Pursuant to these guarantees, you are entitled to request a replacement or refund in the case of a major failure. A major failure includes but is not limited to the complete failure of a product to perform its core function.

Warranty Against Defects

All products sold by Cottage Cabins Pty Ltd must be registered for warranty within thirty (30) days of the transfer of risk and title from Cottage Cabins Pty Ltd to the Purchaser. Product warranty will be void if the Purchaser fails to register a product for warranty in the specified time period. We kindly request that you initiate the warranty registration process through completing the relevant Warranty Registration Form at https://www.cottagecabins.com/warranty-registration

Should a fault arise with products you have purchased from Cottage Cabins Pty Ltd within the defined warranty period, we kindly request that you initiate the warranty process through completing the relevant Warranty Claim Form: https://www.cottagecabins.com/warranty-claim

For all products sold by Cottage Cabins Pty Ltd, the warranty period will begin on the date of delivery or collection from our warehouse. Cottage Cabins Pty Ltd reserves the right to repair or replace faulty components at our sole discretion and should replacement components be required, Cottage Cabins Pty Ltd reserves the right to replace components with products of a similar quality or grade which may be aesthetically different to the original components.

Should a product fault relate to a faulty part, fitting, or fixture, attempting to fix or replace a faulty part, fitting, or fixture (whether completed by a licenced or unlicensed tradesperson) without prior consent from Cottage Cabins Pty Ltd, this may result in the denial of a warranty claim.

At the discretion of Cottage Cabins Pty Ltd, a warranty claim may be denied for the following reasons:

1)    Any party, other than Cottage Cabins Pty Ltd and without the approval of Cottage Cabins Pty Ltd, has undertaken substantial and/or structural alterations, modifications, to the product in question.

2)   A fault has arisen due to the failure to conduct maintenance as per the schedule we provide.

a.   It is the customers responsibility to ensure that they receive and understand the maintenance schedule.

3)   A fault has arisen due to the failure to conduct installation as per the installation instructions we provide.

4)   A fault has arisen due to damage caused during the installation process.

5)  The product has experienced abnormal conditions, encompassing but not limited to extreme environmental factors, flooding, fire, misuse, damage from accidents, as well as hail and/or storms.

6)  The product has been installed within 10km of salt water or within 100m of any river or body of water (including swimming pools).

7)   The product has been installed within 10km of industrial pollutants.

8)   The warranty was not registered by the Purchaser in specified time period.

Cottage Cabins Pty Ltd recognise that our products may exhibit minor aesthetic imperfections, which include but are not limited to small dents, scratches, and colour variations. By accepting these terms and conditions, you accept that minor aesthetic imperfections are acceptable, should the imperfections not amount to a major failure. 

Product Warranties

Portable Buildings

All Portable Buildings and Amenities Units sold by Cottage Cabins Pty Ltd are protected by a three (3) year warranty on the structural steel frame, and a one (1) year warranty on all fittings and fixings. If our products are deemed to be faulty within the defined warranty period, Cottage Cabins Pty Ltd reserves the right to repair or replace faulty components at our sole discretion. The warranty offered by Cottage Cabins Pty Ltd in relation to Portable Buildings and Amenities Units does not include any consequential expenses relating to the repair or replacement of faulty parts.

Third Party Products

In relation to the warranties provided by third-party suppliers, warranty coverage is subject to the terms specified by the respective suppliers.

Delivery, Product Placement, and Storage

Cottage Cabins Pty Ltd uses effective relationships with a nationwide network of transport partners to deliver products to our customers. By accepting these terms and conditions, you agree that:

1)   Unless pre-arranged with agreed-upon costs, the Purchaser is required to have a forklift or crane on-site and is responsible for unloading the products.

a.   The Purchaser may be charged for a failed delivery if suitable equipment is not available on site for unloading.

2)   It is the responsibility of the Purchaser to ensure that the delivery site is suitable for safe unloading of products.

a.   The Purchaser agrees that additional charges may be applicable due to unsuitable delivery site conditions.

b.    Cottage Cabins Pty Ltd does not guarantee that unloading can take place in the location chosen by the Purchaser, as site conditions such as surface, slope, and weather may limit unloading options.

c.    Cottage Cabins Pty Ltd are only responsible for delivering products to the front of the Purchasers’ property, final product placement is the responsibility of the Purchaser.

d.   Unless agreed upon in writing prior to dispatch, our delivery services do not include lifting over, under, into or onto any structures.

e.   Unless agreed upon in writing prior to dispatch, our delivery services do not include placing products in or on a specific location like foundations or footings.

3)    Cottage Cabins Pty Ltd is not responsible for delivery delays in relation to items that are delivered by our transport partners.

4)   The Purchaser must advise Cottage Cabins Pty Ltd of transport damage to any product within 48-hours of delivery taking place to the Purchaser.

5)    The Purchaser accepts that additional charges may be applicable if delivery of products cannot be fulfilled for any reason.

6)    The Purchaser agrees and accepts that we are not legally or financially responsible for any loss, or any consequential or incidental damages you might suffer related to the delivery of our products, both directly and indirectly. The Purchaser agrees to indemnify Cottage Cabins Pty Ltd against any loss, damage, liabilities, or claims arising directly or indirectly from the actions of our transport partners.

7)    The Purchaser has the option of arranging the collection of goods from any Cottage Cabins Pty Ltd warehouse location. Cottage Cabins Pty Ltd must receive notice of any intended collections 48-hours prior to the collection taking place and a timeslot will be allocated by Cottage Cabins Pty Ltd. Should the Purchaser miss their allocated timeslot, the next available slot will be made available.

a.     Collection of goods must satisfy all WH&S and Chain of Responsibility (COR) guidelines that Cottage Cabins Pty Ltd has in place, which may change from time to time.

b.     Cottage Cabins Pty Ltd reserves the right to deny collection of goods if there is a suspected breach of our WH&S and Chain of Responsibility (COR) guidelines.

c.     The Purchaser accepts that additional charges may be applicable if collection of products cannot be fulfilled for any reason.

d.    Cottage Cabins Pty Ltd is not liable for any damages that occur once a product is loaded onto the customers transport of choice.

8)      If the Purchaser is unable to take delivery of a product for any reason, the following storage fees will apply. Cottage Cabins Pty Ltd will issue weekly invoices (in arrears), and you agree to settle any additional invoices within 24 hours of receipt.

a.     20ft units will incur a storage fee of $50.00 per product per day until your delivery or pickup is completed.

b.     40ft units will incur a storage fee of $100.00 per product per day until your delivery or pickup is completed.

c.     All other products will incur a storage fee of $10.00 per product per day until your delivery or pickup is completed.

Product Installation and Responsibility

Unless pre-arranged with agreed-upon costs, the Purchaser is responsible for organising the installation of all products purchased from Cottage Cabins Pty Ltd. The Purchaser is solely responsible for bearing all costs relating to the installation and is solely responsible for ensuring that the installation is carried out safely, in accordance with any local laws or regulations.

By accepting these terms, you also agree that:

1)    Licenced tradespeople will be engaged in accordance with any local laws and regulations.

2)   The Purchaser is solely responsible for ensuring that the completed installed product complies with all relevant local laws or regulations.

3)  Installation instructions provided by Cottage Cabins Pty Ltd(which may change from time to time) may contain minor inaccuracies, and that you are solely responsible for ensuring that the installation is conducted safely, in accordance with any local laws or regulations. This includes bearing all costs relating to the installation.

4)   In The installation instructions provided by Cottage Cabins Pty Ltd are intended solely as a guide. It is imperative to adhere to these instructions in conjunction with established safe working procedures. Furthermore, any installation work should be carried out by a qualified tradesperson, strictly in accordance with local laws and regulations.

5)  The Purchaser is solely responsible for bearing all costs relating council permits or approvals.

6)   Cottage Cabins Pty Ltd is not liable for any injury or damages resulting from the actions of its customers or third-party tradespeople during setup or product use, and you indemnify us against any related claims or losses.

7)   Cottage Cabins Pty Ltd is not liable for any additional costs relating to ensuring that our products (once installed by our customers) comply with all relevant laws or regulations, and you indemnify us against any related claims or losses with respect to ongoing product compliance.

General Terms and Conditions

 Payments

In relation to all products sold by Cottage Cabins Pty Ltd, full payment of the total price listed on your invoice must be received in-full before we will release your order. Whilst we endeavour to provide accurate information relating to product availability and delivery timelines, we reserve the right to modify product availability and delivery timelines due to payment delays. Cottage Cabins Pty Ltd shall not be held liable for any loss or inconvenience at our customers expense, due to delayed payment.

Should Cottage Cabins Pty Ltd reserves the right to modify the payment terms listed on the invoice we provide. By accepting these terms and conditions, you agree that the payment terms listed on your invoice supersede what is listed in these terms and conditions. All quotes and invoices are valid for the period listed, which is subject to change from time to time.

Payment Process – Portable Buildings (Made-to-Order)

Our Portable Buildings are made-to-order, and the current production time will be specified on your invoice. Any production time provided by Cottage Cabins Pty Ltd is an estimate only, and we reserve the right to adjust the production time estimate, as necessary. By accepting these terms and conditions, the Purchaser agrees to indemnify Cottage Cabins Pty Ltd against any loss, damage, liabilities, or claims arising directly or indirectly from any unforeseen delays in production (and therefore delivery of the products).

To secure your spot in our production schedule, a deposit must be paid to Cottage Cabins Pty Ltd before we consider the order accepted. The deposit amount and due date will be detailed on the invoice we provide you.

Once your order completes the production stage at our manufacturing facility, you are required to make a progress payment before we schedule transport to our local warehouse facilities. The progress payment amount will be specified on the invoice we provide you. By accepting these terms and conditions, you agree that the progress payment is due 72 hours from the time we notify you of the completion of production on your order.

Upon your order’s transit from our overseas manufacturing facility to our warehouse facility, the final payment is required. The final payment amount will be detailed on the invoice we provide you. By accepting these terms and conditions, you agree that the final payment is due 14 days from the time we notify you that your order has shipped from our factory.

Failure to make any payment by the due date grants Cottage Cabins Pty Ltd the exclusive right to allocate products to another client. Upon your payment, you will be assigned the next available product. Cottage Cabins Pty Ltd will not be held liable for any loss or inconvenience at the customer’s expense due to delayed payment.

Payment Process – In-stock Products

For products which are not made-to-order, full payment is required before we can allocate stock to you (includes out of stock products). Failure to make full payment grants Cottage Cabins Pty Ltd the exclusive right to allocate products to another Purchaser. Upon your payment, you will be assigned the next available product. Cottage Cabins Pty Ltd will not be held liable for any loss or inconvenience at the customer’s expense due to any delayed payments.

Purchaser Cancellations and Variations

If an order containing products in stock is cancelled after a deposit payment is received by us, Cottage Cabins Pty Ltd shall retain the right to charge a cancellation fee / restocking fee, calculated at 5% of the total invoice value. For orders listed as ‘modified or custom’ on the invoice we provide you, the total deposit value shall be forfeited if the order is cancelled.

Variations requested by the Purchaser are only valid if written confirmation is received from Cottage Cabins Pty Ltd. We reserve the right to approve or reject any variation requests from the Purchaser.

Refunds and Returns

Should a customer request a refund for a product following delivery, Cottage Cabins Pty Ltd shall retain the right to approve or deny the return for refund at our sole discretion. Should Cottage Cabins Pty Ltd approve a return for refund following the delivery of a product, the Purchaser accepts that:

1)    The Purchaser is responsible for any and all expenses related to the return of the product.

2)   All returns are conditionally accepted until the product is physically returned to Cottage Cabins Pty Ltdand inspected.

a.   The return for refund of products which are not in the same condition as when they were delivered to the customer, may be rejected by Cottage Cabins Pty Ltdand returned to the customer.

b.   By accepting these terms and conditions, the Purchaser agrees to cover all costs associated with the inspection and return of products which are not returned in the same condition as when delivered.

For refunds relating to the cancellation of an order prior to the delivery of products to a customer, you agree that the processing of a refund will only take place after the products allocated to your order have been sold to another Purchaser or at the sole discretion of Cottage Cabins Pty Ltd. The processing of refunds will take place approximately fifteen (15) business days once approved by Cottage Cabins Pty Ltd.

General Terms and Conditions

By accepting these terms and conditions, the Purchaser agrees that:

1)   The Purchaser is solely responsible for checking all relevant laws, local council guidelines, and State legislation to ensure compliance with the use and occupancy of our products on your property or any other location where you may place the product.

2)   Cottage Cabins Pty Ltd shall not be held responsible for any penalties imposed on the Purchaser by council, government, or any other agencies.

3)   Costs incurred by Cottage Cabins Pty Ltd due to incorrect or inadequate information provided by you may result in additional charges for which you will be liable.

4)   From time to time, we may provide links, advertisements, and information about other businesses for your convenience. This does not imply any sponsorship, endorsement, approval, or agreement between us and those businesses. We are not responsible for the actions or advice of any third-party suppliers.

5)  You understand our products may require assembly to match the condition of our advertised and display products.

6)    It is your responsibility to be aware of the product’s weight, towing limits, and braking requirements when towing the product with any vehicle (where applicable)

7)    Any variations to these terms and conditions for your order must be mutually agreed upon in writing by Cottage Cabins Pty Ltdand the Purchaser.

8)    In the event that circumstances beyond our control (Force Majeure Events) obstruct or prevent the delivery of products to you, Cottage Cabins Pty Ltd will be relieved of any obligation to provide the products as long as such circumstances persist.

a.    While Force Majeure Events persist, Cottage Cabins Pty Ltd may, at our sole discretion, either terminate your order with us or keep your order with us in suspension until the circumstances have ended.

b.   Force Majeure Events include but are not limited to illness, unavailability of materials, pandemics, strikes, natural disasters, fires, war, riots, acts of God, government orders, transport difficulties, and technology failures.

9)      If the Purchaser is in breach of these terms and conditions (including non-payment) Cottage Cabins Pty Ltd shall maintain the right to:

a.      Retain all monies paid by you for products ordered but not yet supplied.

b.      Refuse to supply you with the products you have ordered.

10)   All quotes supplied by Cottage Cabins Pty Ltd are valid for the time period listed on the quote.

11)   All marketing material supplied by Cottage Cabins Pty Ltd must be used as a guide only. Specific finishes and fittings / fixtures are subject to change. 3D Artist impressions are offered as a guide and are considered an artistic impression 

12)   You have been given the opportunity to inspect our display models (and/or other Products) and you have accepted our Product to reassemble in a similar condition to our display Products.

Indemnity

By agreeing to these terms and conditions, you commit to absolve us, our employees, and agents from any claims, demands, or legal actions, whether initiated by yourself or others, against us or for which we bear liability. This indemnification covers losses related to:

1)      Product supply.

2)      The subject matter of these terms and conditions.

This encompasses, without limitation, any legal costs we incur to address claims or demands, as well as any party-party legal costs for which we are liable concerning such claims or demands.

You acknowledge that beyond these terms and conditions, we provide no warranty, assurance, promise, or representation regarding product quality, fitness for purpose or use, suitability, or merchantability for any specific purpose. By entering into these terms and conditions, you have relied exclusively on your own inquiries, knowledge, skill, and judgment.

Intellectual Property

By agreeing to these terms and conditions, the Purchaser explicitly affirm and acknowledge that Cottage Cabins Pty Ltd is the unequivocal and exclusive owner of all intellectual property. For the removal of all doubt, intellectual property encompasses trademarks, patents, copyrights, designs, product technical information, processes, and confidential information pertinent to the products. This extends to advertising and promotional materials, technical content, and user manuals/videos associated with the production or supply of the products. This definition encompasses all items eligible for legal protection, regardless of the formal acquisition of such protection.

By agreeing to these terms and conditions, the Purchaser expressly agrees that, through your transactions with us or the through the acquisition of our products, you shall not gain any intellectual rights in respect to the products. You are prohibited from challenging or disputing our ownership of intellectual property and you pledge not to infringe upon our intellectual property rights, to commit to promptly notifying us of any suspected or actual infringement upon becoming aware of it, and to adhere to our reasonable instructions and requests concerning the safeguarding of our intellectual property rights.

Jurisdiction

This agreement is subject to the laws of Queensland, Australia. If there is a dispute between you and Cottage Cabins Pty Ltd that results in litigation, then you must submit to the jurisdiction of the courts of Queensland.

Exclusion of Unenforceable Terms

In the event that any clause or term stated above would, by the provisions of any applicable statute, be deemed illegal, void, or unenforceable in any State or Territory, then such a clause shall not be applicable in that State or Territory. It shall be deemed to have never been included in these terms and conditions for that specific State or Territory. However, if such a clause is legal and enforceable in any other State or Territory, it shall remain fully enforceable and constitute a part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses in these terms and conditions.

Title

The risk in and title to the products supplied by Cottage Cabins Pty Ltd will transfer to the Purchaser upon the delivery of the products to your designated address or upon completed loading of your order onto your designated transport provider. The Purchaser will only gain ownership title of the products after paying all outstanding amounts owed to Cottage Cabins Pty Ltd.

No Waiver of Rights

The failure or delay of a party to exercise a power or right in respect to these terms and conditions does not constitute a waiver of that power or right.

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