Terms of service

1. Introduction

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“the Customer”) and Cornick Pty Ltd trading as Home Technology Club (“the Company,” “we,” “us,” or “our”). By accessing, purchasing, or using our products, including container houses and portable buildings (collectively, “Products”), you agree to be bound by these Terms. If you do not agree to these Terms, you must not proceed with any purchase or use of our Products.

 

2. Product Information and Specifications

2.1 Product Descriptions: 

Detailed specifications, dimensions, materials, and features of each Product are provided on our website or in the official quotation provided to the Customer.

 

2.2 Customer Responsibility:

It is the Customer’s responsibility to thoroughly review all Product specifications and ensure they meet their needs before placing an order. The Company shall not be liable for any discrepancies or issues arising from the Customer’s failure to review or understand the Product specifications.

 

2.3 Product Modifications: 

The Company reserves the right to modify the design, materials, and specifications of any Product without prior notice, provided such modifications do not materially affect the performance or appearance of the Product.

 

3. Ordering Process

3.1 Order Placement:

 Orders for Products may be placed through our website or directly with our sales team. Orders are subject to acceptance by the Company, and we reserve the right to refuse or cancel any order at our discretion.

 

3.2 Deposit Requirement:

A non-refundable deposit, as specified in the quotation or order confirmation, is required to confirm your order. The balance of the payment is due prior to delivery of the Product. Orders will not be processed, and production will not commence until the deposit has been received.

 

3.3 Order Confirmation:

Once an order is confirmed, any changes requested by the Customer may be subject to additional charges or delays. The Customer is advised to carefully review all order details, including specifications and delivery information, before confirming.

 

3.4 Custom Orders:

All orders are considered custom orders and are produced specifically for the Customer. As such, custom orders cannot be modified or cancelled once production has commenced.

 

4. Pricing and Payment Terms

4.1 Pricing: 

All prices provided by the Company are subject to change without prior notice. Prices include applicable taxes unless explicitly stated otherwise. Quotations provided by the Company are valid for a period of 14 days unless otherwise specified.

 

4.2 Payment Methods:

 The Company accepts payment via bank transfer, credit card, or other payment methods as agreed upon with the Customer. Payment terms will be outlined in the order confirmation or invoice.

 

4.3 Financing Options: 

Financing options are made available on the Company’s website and will be detailed separately to the order documentation. The Company may work with third-party financing providers, and the approval and terms of such financing arrangements are governed by the agreements between the Customer and the financing provider.

 

4.4 Late Payments:

In the event of late payment, the Company reserves the right to charge interest on the overdue amount at a rate of 1.67% per month. The Customer shall also be responsible for any costs of collection, including legal fees, incurred by the Company.

 

5. Cancellation Policy

5.1 Cancellation by Customer:

 The Customer may request to cancel an order prior to the commencement of production. All cancellation requests must be made in writing and are subject to approval by the Company. If the cancellation is approved, the Customer may be charged a cancellation fee up to the total deposit amount, and any non-refundable deposits will be forfeited.

 

5.2 Cancellation by Company:

The Company reserves the right to cancel any order at its discretion, including but not limited to situations where the Customer fails to comply with these Terms or where the Company is unable to fulfil the order due to circumstances beyond its control. In such cases, the Customer will be entitled to a refund of any payments made, less any non-refundable deposits or costs incurred by the Company.

 

5.3 Non-Cancellable Orders:

Once production has commenced, orders are non-cancellable, and the full balance of the order will be due, regardless of whether the Customer takes delivery of the Product.

 

6. Delivery and Installation

6.1 Delivery Timeline:

The Company will coordinate delivery of the Product according to the timeline specified in the order confirmation. Delivery dates are estimates only and are subject to change based on factors beyond the Company’s control, including but not limited to manufacturing delays, weather conditions, and transportation issues. The Customer agrees to indemnify the Company for any losses or costs incurred as a result of these factors.

 

6.2 Delivery Fees:

Delivery fees are calculated based on the delivery location and will be communicated to the Customer during the order process. The Customer is responsible for any additional charges, such as permits, tolls, or access fees, that may apply to the delivery.

 

6.3 Site Preparation:

The Customer is responsible for ensuring that the delivery site is accessible and prepared for the installation of the Product. This includes obtaining any necessary permits, approvals, and clearances, as well as ensuring that the site is free of obstacles and hazards. The Customer indemnifies the Company and its contractors for any damages, costs incurred or losses occurring as a result of delivery of Product.

 

6.4 Installation Services:

Installation services are not included in the order unless otherwise specified.

 

6.5 Risk of Loss:

The risk of loss or damage to the Product passes to the Customer upon delivery to the site. The Company shall not be liable for any loss or damage to the Product after delivery, including during installation, unless caused by the Company’s negligence or wilful misconduct.

 

7. Warranty and Guarantees

7.1 Warranty Coverage: 

The Company warrants that all Products will be free from defects in materials and workmanship for a period of 12 months from the date of delivery. This warranty is limited to the repair or replacement of the defective Product or component, at the Company’s discretion.

 

7.2 Warranty Exclusions:

The warranty does not cover normal wear and tear, damage caused by misuse, neglect, or improper maintenance, attempted repairs or any modifications made to the Product by the Customer or third parties. The warranty also does not cover damage caused by environmental factors, such as floods, storms, or earthquakes.

 

7.3 Warranty Claims:

To make a warranty claim, the Customer must notify the Company in writing within 7 days of discovering the defect. Repairs are not to be carried out by the Customer. The Customer must provide proof of purchase, and any other documentation required by the Company. The Company may require the Customer to return the defective Product or component for inspection before processing the warranty claim.

 

7.4 Limitation of Warranty:

 The warranty provided by the Company is the sole and exclusive warranty applicable to the Products. The Company expressly disclaims all other warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

8. Refund and Return Policy

8.1 Eligibility:

 Refunds and returns are only available for Products that. Custom orders, including those made to the Customer’s specifications, are not eligible for refunds once production has commenced. If a Product is found to be defective, the company will assess the Customer’s claim and if confirmed, will repair or replace the Product or refund the Customer at its discretion.

 

8.2 Defective Products:

If a Product is found to be defective, the Customer must notify the Company within 7 days of delivery. The Company will assess the defect and, if confirmed, will repair, replace, or refund the Product at its discretion. The Customer may be required to return the defective Product to the Company for inspection. The Customer is liable to pay for any and all costs associated with the return of Products to the Company.

 

8.3 Inspection on Delivery:

 The Customer is encouraged to inspect the Product upon delivery and report any damage or defects to the Company immediately. Any damage or defects not reported within 7 days of delivery will be deemed to have occurred after delivery, and the Company shall not be liable for such issues.

 

8.4 Non-Refundable Deposits:

 All deposits paid towards the purchase of a Product are non-refundable once production has commenced. This includes deposits paid for custom orders, as these Products are manufactured specifically for the Customer and cannot be resold or repurposed. If deemed permissible, the extent of any refund applicable is determined solely by the Company.

 

8.5 Claim Processing:

Approved refunds will be processed within 30 days after the Company has received and inspected the returned Product or confirmed the defect. Refunds will be issued using the original payment method unless otherwise agreed upon with the Customer. Approved repairs and replacements may be subject to the availability of third-party repairers and stock availability and will be confirmed by the Company as necessary.

 

8.6 Exclusions:

Refunds, repairs and returns are not available for Products that have been modified, altered, repaired, customised or changed otherwise by the Customer. This includes any changes to size, colour, design specifications, or other features.

 

9. Limitation of Liability

9.1 Limitation of Liability:

To the maximum extent permitted by law, the Company’s liability for any claim arising out of or in connection with these Terms, including but not limited to claims for breach of contract, negligence, or product liability, shall be limited to the amount paid by the Customer for the Product in question.

 

9.2 Exclusion of Consequential Damages:

 In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, or business, arising out of or in connection with the use or installation of the Product, even if the Company has been advised of the possibility of such damages.

 

9.3 Indemnification:

The Customer agrees to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in connection with the Customer’s use of the Product, breach of these Terms, or violation of any applicable laws or regulations.

 

10. Dispute Resolution

10.1 Governing Law:

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles.

 

10.2 Dispute Resolution:

In the event of a dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute through good faith negotiations.

 

10.3 Jurisdiction:

The parties agree that any legal action or proceeding arising out of or in connection with these Terms shall be brought exclusively in the courts of New South Wales, Australia.

 

11. Changes to Terms

 

11.1 Right to Modify:

 The Company reserves the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Company’s website or otherwise notifying the Customer.

 

11.2 Customer Responsibility:

 It is the Customer’s responsibility to review these Terms periodically to stay informed of any changes. Continued use of the Company’s Products after any changes to these Terms constitutes acceptance of those changes.

 

12. Contact Information

For any questions or concerns regarding these Terms of Service, please contact us at:

 

Cornick Pty Ltd trading as Home Technology Club
59 Mulgrave Road, Mulgrave NSW 2756
Phone: 02 4545 2599
Email: sales@hometechclub.au