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Delivery and Title
The estimated date and time window for delivery of the Goods is set out in the Confirmation of Order Email.
A typical lead time from your receiving a Confirmation of Order Email is approximately 16 weeks. Often our customers will need a longer time period, which is no problem for us. If longer than the typical 16 weeks, we will require, typically, 12 weeks’ notice of your delivery requirement to enable us to schedule the production of your order. However, if something happens which is outside of our control and affects the estimated date of delivery we will let you have a revised estimated date for delivery of the Goods. We accept no liability from you or any third party in the event we are required to propose a new lead time. In accordance with the project proposal, we will require payment of the remaining 50% of the total order value or remaining balance of the order or whichever is applicable at the time at least 48 hours before the agreed date of delivery.
We may contact you to say that we do not accept your order. For example if we cannot deliver the Goods to the location you have requested.
Delivery of the Goods will take place when we deliver them to the address that you have stated as the location Goods are to be delivered to.
Unless we all agree otherwise, if we cannot deliver your Goods within 30 days of the estimated date of delivery, we will, at our election let you know; cancel your order; and give you a refund.
We try to ensure that orders are delivered in the specified window and are confirmed to our customers on the Confirmation of Order Email. Delivery charges are always included on order confirmations.
Additional customer carriage charges can apply for deliveries to more remote locations, for timed deliveries with different costs for Pre-Noon, Pre 10.30am and in some cases Pre 9.30AM deliveries. Tail lift offload, fork-lift and on-road load handling equipment will incur separate delivery charges and also requests for non-standard vehicles for deliveries will have separate charges (e.g. 6-wheeler vehicles, vans etc.).
If no one is available at your address to take delivery of the Goods, we will contact you via the contact details you have submitted informing you of how to rearrange delivery. Failed deliveries without prior notice may incur additional delivery charges at our discretion.
You are responsible for the Goods when delivery has taken place. The risk in the Goods passes to you when delivery of the Goods is made to you.
We reserve the right to deliver your Goods in instalments. If your Goods are delivered in this way, we will contact you prior to delivery to advise and discuss arrangements in connection with this.
Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. We will make every effort to deliver Goods ordered on the agreed date but we shall not be liable for any delay in delivery of Goods that is caused by an event outside our control or your failure to provide us with adequate delivery instructions and a suitable location for delivery or any other instructions that are relevant to the supply of the Goods.
Delivery will be completed when we deliver the Goods to the address you provided.
If you have requested that your Goods need not be signed for, you must provide written instructions as to where to leave them. We accept no responsibility for any Goods after leaving them as instructed.
If collecting Goods from our premises risk of damage or loss of the Goods shall pass to you at the time of collection. Final payment must be received in accordance with the signed project proposal. Notwithstanding collection, delivery and passing of the risk of loss, Goods will remain our property until we receive payment in full (cleared funds) for the Goods and any other services that we have supplied to you in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.
Title passes to you and you own the Goods once we have received payment in full, including all applicable delivery and installation charges.
Land, Erection and Installation
Further to clause 2.6, upon receiving your deposit of 50% of the product price, we will produce for you our general arrangement drawings (the “GA Drawings”) for the Goods you are purchasing from us which includes details and instructions you will need for your contractor to build you your base, foundations and dwarf wall.
Unless expressly stated to the contrary, all installation or erection of your Goods need to be on a level base that is appropriately prepared by yourselves (the “Site”) and aligned to the supplied GA Drawings provided to you. We will require the Site to be (but not limited to): free of obstruction;free of any overhanging trees or electrical or other wires; free of any overhanging roof lines; have ample working space of a minimum 2-meter clearance.
We cannot take down or provide services, dis-assemble, move or remove any existing buildings, foundation, structures or objects that are on the prepared base or within the surrounding area.
We cannot dispose of or remove any existing buildings, structures or objects that may or do impede the installation on the Site. Please contact us prior to installation if you have any concerns. We do not provide services for (but not limited to) dwarf wall requirements, lead dressing, flooring, decorating, plumbing, heating or power supplies (the “Requirements”). We will not accept any liability to yourselves or any third party due to delays in installation as a result of these or for any losses that you incur in preparation for this.
If installation of the Goods are to be undertaken by us, we will require your confirmation that the Requirements are all in order as per the GA Drawings provided. We will assume this is the case unless you contact us at least 1 week prior to the agreed date of installation. Until we are fully satisfied the base has been installed to the specification provided in the GA Drawings, we shall not be able to complete installation. We accept no liability to your or any third party due to delays in installation pursuant to this clause 6.5. Our typical delivery to installation cycle is 1-3 weeks. We will agree an installation date with you once we have a confirmed delivery date and this will typically be within 1-3 weeks of your delivery.
If we have to abort the agreed installation with less than 1 weeks’ notice from you, we reserve the right to charge a minimum $1,500 fee.
We will not be responsible to you or any third party for the use or installation of any products by you (or on your behalf). You agree to hold us harmless and indemnify us against any liability and damage, including without limitation reasonable attorney’s fees, associated with any claim or allegation that we are responsible for any failings in the installation or use of any products that we supply.