Modular Buildings Australia

## Terms and Conditions

Welcome to Modular Buildings Australia. We provide a range of innovative and high-quality building solutions, including Class 1a Shed Home Kits and Class 10a Shed Kits. These Terms and Conditions govern your use of our products and services.

## Table of Contents

1. Introduction and Definitions
2. Scope of Work
3. Project Timeline
4. Payment Terms
5. Customer Responsibilities
6. Company Responsibilities
7. Warranties and Guarantees
8. Changes and Modifications
9. Termination Clause
10. Dispute Resolution
11. Liability and Indemnity
12. Force Majeure
13. Confidentiality
14. Intellectual Property
15. Health and Safety
16. Environmental Considerations
17. Insurance
18. Governing Law
19. Entire Agreement
20. Kit Inclusions and Delivery Verification
21. Sale of Individual Components
22. Additional Support and Communication

23. Limitation of Liability for Common Construction Issues

1. Introduction and Definitions

1.1 Parties Involved

• Company: Modular Buildings Australia Pty Ltd, ACN 680 040 313 located in Hervey Bay, QLD. For any inquiries, please contact us at Admin@modularbuildingsaustralia.com.au.
• Customer: The individual or entity purchasing products and services from the Company. The Customer’s details, including full name, address, and contact information, will be recorded at the time of purchase.

By purchasing from Modular Buildings Australia, the Customer agrees to abide by these terms and conditions.

1.2 Definitions

• Kit Home: Refers to Class 1a Shed Home Kits, engineered for residential use, including structural materials, engineering, and energy efficiency compliance.
• Class 10a Shed Kits: Refers to non-habitable building kits designed for purposes such as storage, farming, or workshops. These kits comply with relevant Australian standards and are engineered to suit specific wind regions and terrain categories. These structures must not be used for residential purposes unless modified and certified to meet Class 1a standards.
• Class 10a Shed Use Cases: Includes but is not limited to agricultural storage, garages, workshops, or other non-residential purposes. Any use outside these specified purposes requires additional council approval and compliance with building code requirements.
• Wind Region Compliance: The classification of the shed’s location based on wind region requirements as per the National Construction Code (NCC).
• Terrain Category: A factor used to determine wind loads on structures based on the surrounding environment (e.g., open terrain, suburban areas).

• Structural Inclusions: All materials required to assemble the shed’s structural framework, including:

  • Steel columns and beams.
  • Purlins and girts.
  • Structural bolts and screws.
  • Roof sheeting and cladding.
• Site-Specific Engineering: Custom engineering provided for Class 10a sheds to meet terrain and wind load requirements unique to the Customer’s site.
• Customer Address for Class 10a Shed Kits: The address where the shed kit will be delivered and verified for accessibility.
• Delivery Requirements for Consolidated Kits: 

  Includes the following conditions to ensure successful delivery:

  • Semi-Trailer Access: Adequate road access for large delivery vehicles.

  • Lifting Equipment: Additional lifting equipment (e.g., Hi-AB crane) may be required for offloading at the Customer’s expense.

  • Site Accessibility: The Customer must ensure that the site is clear, level, and ready for delivery. Any delays or additional costs due to site inaccessibility are the responsibility of the Customer.

• Site Address: The location where the Consolidated Kits will be delivered and constructed.
• Site Plan & Quote: The first step in the Shed Home sales process, providing customers with a conceptual layout, wind compliance assessment, and preliminary cost estimate.
• Engineering Drawings: Detailed site-specific plans, including foundation, structural framing, and connection details, ensuring compliance with wind region and terrain requirements.
• Structural Engineering Drawings: Comprehensive drawings detailing the assembly and structural components based on site-specific requirements and the customer’s soil test results. These include foundation, framing, and connection details to ensure a robust and energy-efficient structure.
• Energy Efficiency Certificate: A certified document ensuring the design complies with Australia’s 7-star energy efficiency standards.
• Manufacturer: The entity responsible for producing and supplying the materials and components included in the Kit Home.
• Individual Kit Components: Refers to individual materials and components, such as steel columns, purlins, cladding, and roofing, sourced from the same manufacturers that supply the Kit Home, available for separate purchase. These components meet the same high-quality standards and are suitable for various construction needs.

For purposes of these terms and conditions:

• Customer Address: The address provided by the Customer at the time of purchase.
• Contact Information: The Customer’s phone number and email address as provided during the purchase process.

2. Scope of Work

2.1 Products and Services

Stage One: Site Plan & Quote Request (Shed Homes)
This stage provides foundational planning materials to help customers begin the initial planning phases and prepare for engineering and documentation requirements. The package includes:

• Site Plan: A conceptual site plan showing potential building placement on the property, considering wind compliance and site-specific conditions. This allows flexibility for the customer’s final layout.
• Design Overview: A one-page conceptual layout outlining the design’s dimensions, style, and basic features. This helps customers understand the spatial layout and plan for site requirements, such as a soil test.

Purpose: This package allows the customer to start planning and prepare for further stages of engineering and documentation while assessing feasibility and costs.

Stage Two: Engineering Drawings, Energy Efficiency Certificate & Kit Delivery (Shed Homes)
This stage delivers all necessary documents for structural integrity, energy compliance, and the construction of the weather-tight shell. The package includes:

• Engineering Drawings: Detailed site-specific plans, including foundation designs, framing, and connection details, ensuring compliance with wind region and terrain requirements.
• Energy Efficiency Certificate: A certified report ensuring compliance with Australia’s 7-star energy efficiency standards. This includes insulation guidance, window placement recommendations, and other energy performance measures.
• Kit Delivery: The structural kit, including all materials necessary to construct the Shed Home to the lockup stage.

The Kit Home is delivered to the Customer’s site address and includes all essential components to assemble the structure up to lockup stage, providing the materials for a weather-tight shell. The Kit includes:

• Columns
• Purlins
• Girts
• Structural brackets
• Colorbond corrugated cladding and roofing
• 3-in-1 insulation
• Structural screws and bolts
• Standard flashings
• Gutters
• Window & door jambs

Class 10a Shed Kits (Non-Habitable Buildings)
This service provides kits designed for non-residential use, such as storage, workshops, and farming. Each Class 10a Shed Kit is engineered to meet Australian standards and includes:

• Structural Inclusions:

  • Steel columns
  • Purlins and girts
  • Structural screws and bolts
  • Roof sheeting and cladding
  • Flashings, gutters, and downpipes

• Site-Specific Engineering: Custom wind region compliance and terrain analysis, based on customer-provided site information, for enhanced structural safety.

Purpose: Class 10a Shed Kits offer durable, customizable solutions for non-habitable building projects, engineered to handle site-specific conditions.

Individual Components
In addition to full kits, Modular Buildings Australia offers individual construction components for purchase. These materials meet the same high-quality standards as our kits and can be purchased separately to suit specific construction needs.

Available components include (but are not limited to):

• Steel columns
• Purlins and girts
• Colorbond cladding and roofing
• Structural brackets
• 3-in-1 insulation
• Flashings and gutters
• Window and door jambs
• Structural screws and bolts

Purpose: The sale of individual components provides flexibility for customers who require high-quality materials for repairs, upgrades, or other building projects.

2.2 Optional Services

Custom Engineering & Design for Class 10a Shed Kits and Class 1a Shed Home Kits

From time to time, customers may request customizations that go beyond the capabilities of our standard Shed Designer Software or pre-engineered designs. In such cases, Modular Buildings Australia (MBA) reserves the right to:

Offer Custom Engineering & Estimation Services:

• MBA may provide a custom quote for the design, engineering, and estimation of a unique Class 10a shed or Class 1a shed home project.
• This process involves consultation, site-specific analysis, and engineering services to create a tailored solution that meets the customer’s requirements.

Assess Feasibility:

• MBA will review each request to determine its feasibility, including engineering complexity, compliance requirements, and cost-effectiveness.
• MBA reserves the right to decline requests that are not deemed practical, cost-effective, or aligned with our business goals.

Pricing:

• All custom design and engineering requests will be priced separately (P.O.A) based on the complexity and scope of the project.
• A non-refundable deposit may be required before commencing any custom design work.

Delivery Timeline:

• Custom projects may require extended timelines for engineering, estimation, and material procurement. Estimated timelines will be communicated to the customer before project acceptance

Additional Documentation Services

• MBA may provide additional plans or documentation beyond standard inclusions (e.g., shadow plans, landscaping details, or unique council requirements).
• These services are priced separately and require written agreement before commencement.

2.3 Flexibility in Project Acceptance

• MBA reserves the right to accept or reject any request for custom Class 10a sheds, Class 1a shed home kits, or additional services based on feasibility, time constraints, and business priorities.
• Rejected projects will be communicated promptly to the customer, and any paid deposits for work not commenced will be refunded in full.

3. Project Timeline

3.1 Shed Homes (Class 1a)

3.1.1 Stage One: Site Plan and Quote Request

Trigger:
Stage One begins when the customer submits an inquiry through the MBA website.

Process Flow:

1. Inquiry Submission:
   The customer completes and submits the online inquiry form, providing details about their project and site.
2. Quote Creation:
   MBA reviews the inquiry and creates a tailored quote based on the customer’s requirements.
3. Quote Approval:
   • MBA sends the quote to the customer for review.
   • The customer signs and returns the quote as confirmation of their intent to proceed.
4. Invoice Issuance:
   After receiving the signed quote, MBA issues an invoice for the Stage One payment.
5. Site Plan Development:
   • Once payment is confirmed, MBA initiates the creation of the Site Plan.
   • The Site Plan is prepared by a Site Plan provider and reviewed by MBA.
6. Completion:
   MBA sends the finalized Site Plan to the customer via email, along with any required documentation for further steps.

3.1.2 Milestones and Deadlines for Stage One

• Customer Inquiry to Quote Delivery:
  MBA prepares and sends the quote within 3-5 business days of receiving the inquiry.
• Site Plan Development:
  The Site Plan is delivered to the customer within 10-14 business days after receiving the signed quote and payment confirmation.

3.1.3 Completion Date for Stage One

• Defined Completion:
  Stage One is complete when the Site Plan and associated documents are sent to the customer.

3.1.4 Stage Two: Engineering Drawings, Energy Efficiency Certificate, and Kit Delivery

Trigger:
Stage Two begins after the customer has:

1. Approved the Stage One deliverables (Site Plan).
2. Submitted the signed Stage Two quote and a completed soil test report.
3. Paid the invoice issued for Stage Two services.

Process Flow:

1. Signed Quote & Soil Test Submission:
   • The customer submits the signed Stage Two quote and soil test conducted by a licensed geotechnical engineer.
   • MBA verifies the soil test for compatibility with pre-engineered designs.
2. Invoice Payment:
   • MBA issues the Stage Two invoice after receiving the soil test and signed quote.
   • Once payment is confirmed, MBA initiates Stage Two.
3. Engineering and Compliance Work:
   • Site-specific Structural Engineering Drawings and an Energy Efficiency Certificate are prepared.
4. Kit Home Preparation and Ordering:
   • MBA coordinates with manufacturers to finalize and place the Kit Home order.
5. Delivery Confirmation:
   • MBA provides the customer with a delivery timeline once all components are consolidated.

Deliverables for Stage Two:

• Engineering Drawings: Detailed site-specific designs (foundation plans, framing details, etc.).
• Energy Efficiency Certificate: Certification meeting Australia’s 7-star energy standards.
• Kit Delivery: Consolidated Kit Home components delivered to the site.

3.1.5 Milestones and Deadlines for Stage Two

• Engineering and Compliance Work:
  Drawings and certificates are prepared within 10-14 business days after payment confirmation and receipt of the soil test.
• Kit Delivery Timeline:
  Delivery occurs within 21-30 days after the order is placed, subject to supplier timelines.

3.1.6 Completion Date for Stage Two

• Defined Completion:
  Stage Two is complete when:
  1. The Engineering Drawings and Energy Efficiency Certificate are delivered.
  2. The Kit Home components are delivered to the site.

3.2 Sheds (Class 10a) Project Timeline

3.2.1 Stage One: Quote, Approval, and Engineering Documentation

• Trigger: Stage One begins when the customer submits an inquiry and progresses upon approval of the signed quote.
• Process Flow:
  1. Inquiry Submission:
     • Customer provides project details through the MBA website or direct inquiry.
  2. Quote Creation:
     • MBA uses Shed Designer software to prepare a site-specific quote, including wind region and terrain compliance.
     • Quotes are tailored for either pre-designed or custom-engineered sheds, with clear pricing notes.
  3. Quote Review and Approval:
     • MBA sends the quote to the customer for review.
     • The customer reviews, signs, and returns the quote as confirmation to proceed.
  4. Invoice Issuance and First Payment:
     • MBA issues an invoice for the first payment upon receiving the signed quote.
     • The first payment triggers the creation of engineering documentation.
  5. Engineering Documentation:
     • Pre-Designed Sheds: Structural engineering documentation is prepared within 3 working days.
     • Custom-Engineered Sheds: For non-standard designs, custom engineering is required, which may extend the timeline.
  6. Delivery of Signed Engineering:
     • Upon completion, MBA provides the signed engineering documentation to the customer.
     • Customers use these documents to proceed with council applications or approvals.

3.2.2 Stage Two: Payment Two and Production

• Trigger: Stage Two begins once the customer submits the second payment.
• Process Flow:
  1. Payment Two:
     • Customers pay the second invoice once they are ready to proceed (e.g., after council approvals are secured).
     • Note: As per the pricing terms on the quote, costs may be subject to change if delays occur.
  2. Production Initiation:
     • MBA coordinates with manufacturers to begin production upon receiving the second payment.
     • Lead times vary depending on supplier availability and order complexity.
  3. Supplier Confirmations:
     • MBA waits and consolidates all Supplier order confirmations & proposed delivery dates.

3.2.3 Stage Three: Final Payment and Delivery

• Trigger: Stage Three begins once all the Supplier Order Confirmations and Proposed Delivery Dates have been received.
• Process Flow:
  1. Final Payment:
     • MBA issues an invoice for the final payment, covering remaining costs.
     • Delivery is approved once the payment clears.
  2. Delivery Coordination:
     • MBA ensures customers are notified of delivery timelines and requirements (e.g., semi-trailer access, Hi-AB equipment if necessary).
  3. Inspection Upon Delivery:
     • Customers inspect the delivered materials against the Inclusions List and must report discrepancies within 48 hours.
     • MBA facilitates communication with manufacturers if issues arise.

3.2.4 Milestones and Deadlines

• Quote Creation: Delivered to the customer within 3-5 business days.
• Engineering Documentation:
  • Pre-Designed Sheds: Delivered within 3 working days after the first payment.
  • Custom-Engineered Sheds: Timelines depend on the complexity of the design and engineering requirements.
• Production Timeline: Typically completed within 21-30 days post-second payment.
• Delivery Confirmation: Delivery timelines are confirmed after production is completed and final payment is cleared.

3.2.5 Completion Date

• Defined Completion: Stage Three is considered complete when:
  1. The shed kit is delivered to the customer’s site.
  2. The customer inspects and verifies the delivery against the Inclusions List.

3.3 Individual Components

3.3.1 Stage One: Customer Enquiry and Invoice Issuance

• Trigger: Stage One begins when the customer places an order for individual components via MBA’s online store.
• Process Flow:
  1. Enquiry Submission:
     • Customers browse the shop on MBA’s website and submit an order or enquiry for individual components.
     • Pricing is typically displayed on the website, eliminating the need for a detailed quote in most cases.
  2. Invoice Issuance:
     • MBA reviews the order and generates an invoice for the requested components, which acts as a quote for the customer to confirm.
     • The invoice includes provisional delivery pricing based on standard rates.

3.3.2 Stage Two: Payment and Supplier Coordination

• Trigger: Stage Two begins once the customer pays the invoice.
• Process Flow:
  1. Payment Confirmation:
     • MBA verifies the payment and places the order with the relevant suppliers.
  2. Supplier Confirmation:
     • MBA waits for the supplier to confirm the order details, including:
       • Availability of components.
       • Final pricing, including any unforeseen price adjustments or extra costs.
  3. Price Reconciliation:
     • If the supplier’s confirmed pricing differs from the pricing provided by MBA due to unforeseen reasons (e.g., price rises or additional costs):
       • MBA will cancel the order with the supplier.
       • The customer will receive a full refund and an updated price quote for their consideration.
     • The customer can then decide whether to proceed with the revised pricing.
  4. Order Approval:
     • Once pricing and details are confirmed, MBA approves the order and finalizes the purchase with the supplier.

3.3.3 Stage Three: Delivery Coordination

• Trigger: Stage Three begins once the supplier confirms the order and provides a proposed delivery date.
• Process Flow:
  1. Delivery Confirmation:
     • MBA communicates the proposed delivery date and logistics requirements to the customer.
  2. Delivery Process:
     • MBA coordinates delivery, ensuring customers are informed about:
       • Delivery requirements (e.g., semi-trailer access or Hi-AB equipment).
       • Estimated delivery times.
  3. Customer Inspection:
     • Upon delivery, the customer inspects the materials against the order details and reports any discrepancies within 48 hours.
     • MBA facilitates resolution with the supplier if issues arise, including missing or defective items.

3.3.4 Milestones and Deadlines

• Invoice Issuance: Generated and sent to the customer within 3 business days of order submission.
• Supplier Confirmation:
  • Typically received within 5-7 business days of order placement.
  • MBA promptly communicates any discrepancies or pricing updates to the customer.
• Delivery Timeline:
  • Delivery is coordinated and typically completed within 21-30 days from supplier confirmation, subject to availability and logistics.

3.3.5 Completion Date

• Defined Completion: The transaction is considered complete when:
  1. The individual components are delivered to the customer’s site.
  2. The customer inspects and verifies the delivery within 48 hours, confirming the order is accurate.

4. Payment Terms

4.1 Total Cost

• The total cost for each service or product is determined as follows:
  • Shed Homes: The cost is outlined in the customer’s quote and is divided into two stages: Stage One (Site Plan) and Stage Two (Engineering, Energy Efficiency Certificate, and Kit Delivery).
  • Shed Kits (Class 10a): The cost includes Engineering, associated design work, and materials for delivery. Pricing is detailed in the customer’s signed quote, with final costs confirmed by suppliers before delivery.
  • Individual Components: The displayed prices on the MBA website serve as provisional estimates. The final cost is confirmed upon supplier approval, with adjustments communicated to the customer.

If there are unforeseen price changes or additional charges, the customer will be notified, and an updated quote or invoice will be provided for approval. MBA reserves the right to cancel and refund orders if pricing changes are not accepted.

4.2 Payment Terms for Shed Homes

Stage One: Site Plan Payment

• Payment is due upon approval of the Stage One quote.
• Once payment is confirmed in MBA’s account, the Site Plan will be initiated and delivered within the agreed timeline.

Stage Two: Engineering, Energy Efficiency Certificate, and Kit Delivery

• Payment is due upon approval of the Stage Two quote and submission of a completed soil test.
• MBA requires the customer to clear payment before initiating Engineering Drawings and placing the Kit Home order with suppliers.
• A second payment is required to finalize delivery once supplier confirmation is received.

4.3 Payment Terms for Shed Kits (Class 10a)

Two-Part Payment Process

1. First Payment:
   • Secures the shed kit engineering and design work.
   • Engineering documents are provided within 3 business days (for standard designs) to allow the customer to seek council approval.
2. Second Payment
   • Starts the production and manufacturing of the consolidated shed kit with suppliers.
3. Third Payment:
   • Required after supplier confirmation of final delivery pricing.
   • Delivery will not be scheduled until this payment is received.

4.4 Payment Terms for Individual Components

• Payment is required upon approval of the invoice generated from the customer’s shop order.
• MBA places the order with suppliers after confirming payment.
• If supplier pricing differs due to unforeseen price increases, MBA will:
  • Cancel the supplier order.
  • Refund the customer in full.
  • Provide an updated price quote for customer approval.
• Orders are only finalized once pricing and details are confirmed.

4.5 Payment Methods

• All payments must be made via Direct Bank Transfer.
• Invoices will include the necessary payment details for each transaction stage.

4.6 Late Payments

• MBA does not commence services or deliveries until payment is confirmed.
• Payments not confirmed within 7 business days may delay the project or order processing. MBA reserves the right to charge reasonable late fees.

4.7 Refunds and Non-Refundable Payments

• Refunds:
  • Payments are refundable only if no work has commenced or materials have not been ordered.
  • If unforeseen circumstances arise (e.g., supplier pricing issues), MBA will refund the customer in full before proceeding with a revised quote.
• Non-Refundable Payments:
  • Payments for services already commenced (e.g., engineering work, site plans) are non-refundable.

4.8 Taxes and Additional Charges

• Customers are responsible for any taxes, fees, or charges associated with their orders, including delivery costs, which may vary based on supplier confirmation.

4.9 Delivery Costs and Adjustments

• Provisional delivery costs are provided at the time of quoting or ordering.
• Final delivery costs are confirmed by suppliers and communicated to the customer before dispatch. Adjustments may be invoiced separately.

5. Customer Responsibilities

The Customer is responsible for preparing the site to receive the materials for Shed Homes, Shed Kits (Class 10a), or Individual Components. This includes, but is not limited to:

• General Requirements:

  • Clearing the site of obstructions such as trees, rocks, or debris.
  • Ensuring the site is level, stable, and accessible for delivery trucks and any required lifting equipment (e.g., Hi-AB cranes).
  • Providing a safe environment for the storage, handling, and assembly of the materials.

• Specific Requirements:

  • For Shed Homes: The site must be prepared according to the foundation design outlined in the engineering plans provided by MBA.
  • For Shed Kits (Class 10a): The site must comply with wind region and terrain category requirements specified in the engineering plans.
  • For Individual Components: The Customer must ensure adequate storage conditions to protect materials from weather, theft, or damage until installation.

Failure to adequately prepare the site may result in delivery delays or additional costs, which will be the Customer’s responsibility. MBA is not liable for issues caused by unprepared or inaccessible sites.

5.2 Permits and Approvals

• The Customer is solely responsible for obtaining all necessary permits and approvals before commencing any construction or assembly. This includes:

  • Local council permits and private certifications required for Shed Homes, Shed Kits, and Individual Components.
  • Meeting regulatory requirements, including zoning laws, building codes, and environmental regulations.

  MBA provides engineering documentation to assist with permit applications but is not responsible for delays or additional costs resulting from the Customer’s failure to secure the necessary approvals.

5.3 Utilities and Services

The Customer must arrange and manage all utilities, services, and other site-related activities necessary for the project. This includes, but is not limited to:

• Utilities:

  • Water and electricity supply to the site during construction.
  • Temporary services such as portable toilets or power generators if required.

• Waste Management:

  • Arranging for the removal and disposal of debris or waste generated during the build.

• Trades and Contractors:

  • Employing qualified labor for construction, assembly, and finishing work. This applies to all products (Shed Homes, Shed Kits, and Individual Components).
  • Ensuring all contractors comply with safety and quality standards.

MBA’s role is limited to the supply of materials and engineering documentation; it does not include the provision or management of utilities, services, or labor.

5.4 Compliance with Local Laws

The Customer must ensure that all site activities, construction, and installations comply with:

• Local laws and regulations.
• Relevant building codes and standards, including wind region and terrain category requirements.

The Company will not be held responsible for any legal issues arising from non-compliance with local regulations or building codes.

5.5 Communication

• The Customer must respond promptly to all communication from MBA, particularly regarding payment confirmations, order updates, and delivery schedules.
• Written responses must be provided within 7 days of receiving requests from MBA. Failure to respond may result in delays or order cancellations, for which MBA will not be held responsible.

5.6 Insurance

• The Customer is strongly advised to obtain and maintain adequate insurance coverage for the site and project. Recommended coverage includes:

  • Public Liability Insurance: Protects against claims for injuries or damages occurring on the site.
  • Builders’ Insurance: Covers damage to materials or structures during construction.

• MBA is not liable for claims or damages resulting from the Customer’s failure to secure appropriate insurance coverage.

5.7 Soil Test and Site Conditions

• Soil Test:

  • Before initiating engineering work, the Customer must provide MBA with a licensed geotechnical engineer’s soil test report.
  • The soil test must accurately reflect the site conditions and will form the basis of MBA’s engineering designs.

• Site Conditions:

  • The Customer is responsible for ensuring that the site is properly prepared in accordance with the engineering plans.
  • Any inaccuracies in the soil test or deviations from the engineering designs are the Customer’s responsibility and may result in structural issues for which MBA is not liable.

• Foundation Work:

  • All foundation work must be carried out by a licensed and qualified builder. MBA holds no responsibility for errors in site preparation, foundation installation, or construction.

5.8 Delivery and Assembly

Delivery Responsibilities: The Company is responsible for coordinating the delivery of Shed Homes, Shed Kits, and Individual Components to the Customer’s site.

• Ensuring all components are properly labeled, securely packaged, and consolidated for transport.
• Communicating delivery schedules to the Customer and coordinating adjustments if required.

Logistics and Delivery Terms: For details regarding the responsibilities and liabilities associated with the delivery of our products, including but not limited to truck recovery or damages during transport, please refer to our logistics provider’s terms and conditions. These terms are subject to change and provide specific guidance on handling such situations. If you require the most recent version of these terms, please email us at admin@modularbuildingsaustralia.com.au, and we will provide you with the necessary documentation.

5.9 Final Payment and Delivery of Kits

Final Payment Obligations: The Customer is required to complete the final payment for the Kit as specified in the invoice prior to the scheduled delivery. This payment covers the cost of materials and production processes, which begin immediately upon confirmation of the initial payment.

Consequences of Non-Payment:

• Holding of Kit: If the final payment is not received, Modular Buildings Australia (MBA) reserves the right to withhold the Kit. Depending on the circumstances, MBA may:

  1. Deliver the Kit to the Customer’s site and legally pursue the final payment.
  2. Store the Kit at an MBA-approved location until payment is received. Additional storage fees and any risks associated with storage, such as theft or damage from the elements, will be the responsibility of the Customer.

• Retention of Rights: MBA reserves the right to revoke any licensing or usage rights related to engineering drawings, architectural properties, and any other intellectual property provided with the Kit until the final payment is complete.

• Debt Collection: MBA will initiate debt collection procedures to recover any unpaid amounts. This may include the use of debt collection agencies and legal actions to recover the full amount due.

• Legal and Collection Fees: The Customer will be responsible for any costs incurred by MBA in the process of debt recovery, including but not limited to legal fees, court costs, and debt collection agency fees.

Legal Remedies: MBA reserves the right to take further legal action as necessary to recover debts or protect its intellectual property, in accordance with Australian law.

Security Interest: Upon taking delivery of the Kit, whether held back or delivered, the Customer acknowledges that MBA holds a security interest in the materials until full payment is received. MBA may register this interest under the Personal Property Securities Act 2009 (PPSA) if deemed necessary.

6. Company Responsibilities

6.1 Quality and Standards

• The Company guarantees that all products and services provided meet high-quality standards and comply with relevant Australian regulations.
• Engineering and architectural work is performed by licensed professionals, ensuring adherence to the National Construction Code (NCC) and industry standards.
• Materials supplied for Shed Homes, Shed Kits, and Individual Components are sourced from reputable manufacturers, such as Stramit and Bremick, to ensure durability and performance.

6.2 Compliance

• he Company ensures that all engineering designs, energy efficiency certifications, and materials provided comply with applicable laws, regulations, and building codes.
• MBA is responsible for ensuring that engineering documentation provided for Shed Homes and Shed Kits (Class 10a) aligns with wind region and terrain category requirements.

6.3 Support and Communication

• MBA provides clear and reliable communication with customers through website form submissions and email.
• The Company aims to respond to customer inquiries within 7 working days.
• MBA ensures transparent updates during each stage of the project, including order processing, production timelines, and delivery schedules.

6.4 Delivery and Assembly

• The Company is responsible for coordinating the delivery of Shed Homes, Shed Kits, and Individual Components to the Customer’s site.
• Delivery Responsibilities:
  • Ensuring all components are properly labeled, securely packaged, and consolidated for transport.
  • Communicating delivery schedules to the Customer and coordinating adjustments if required.
• MBA is not liable for delays caused by third-party logistics providers but will assist in resolving delivery-related issues.

6.5 Engineering Documentation

• • MBA provides Structural Engineering Drawings tailored to the site conditions specified in the soil test submitted by the Customer. These drawings include:
    • Foundation plans.
    • Framing and connection details.
    • Compliance with wind and terrain requirements.
  • Engineering designs are based on the accuracy of the Customer-provided soil test. MBA is not responsible for discrepancies caused by inaccurate or incomplete soil reports.
  • MBA does not make architectural modifications or provide site-specific designs beyond the agreed scope.

6.6 Warranty and Guarantee

• The Company forwards all manufacturer warranties to the Customer. These warranties can be accessed directly on the manufacturers’ websites.
• MBA assists customers in addressing defects or issues with materials by acting as an intermediary with manufacturers. To ensure prompt resolution:
  • Customers must report defects or missing items within 48 hours of delivery.
  • Clear photographic evidence of the defect or issue must accompany the report.
• MBA holds no financial liability for defects or delays caused by manufacturers but will facilitate communication to ensure the issue is addressed.

6.7 Flexibility for Custom Solutions

• MBA reserves the right to decline or accept custom Shed Home or Shed Kit (Class 10a) projects based on feasibility, time constraints, or cost considerations.
• For accepted custom projects:
  • MBA ensures compliance with engineering and safety standards.
  • Delivery timelines and additional costs will be communicated clearly before work begins.

6.8 Limitations

• MBA’s responsibilities are limited to the supply of materials and the provision of engineering documentation as outlined in the inclusions.
• MBA does not assume responsibility for:
  • Site preparation or construction errors made by the Customer or their contractors.
  • Permits or approvals required for assembly or construction.
  • Misuse or improper handling of materials after delivery.

7. Warranties and Guarantees

7.1 Product Warranty

• All warranties for materials, components, and products supplied by Modular Buildings Australia (MBA) are provided by their respective manufacturers. Customers can access detailed warranty information directly from the manufacturers’ websites.
• MBA does not provide any direct warranties on materials or components but ensures that all products meet high-quality standards and comply with relevant Australian regulations.

7.2 Remedies for Defects

• Inspection Upon Delivery:
  The Customer is required to inspect all materials upon delivery and report any defects, damages, or missing items within 48 hours. Reports must include clear photographic evidence to facilitate an efficient resolution.
• Resolution Process:
  • MBA will act as an intermediary between the Customer and the manufacturer to address defects or missing items. MBA is committed to assisting with the resolution process but holds no financial liability for replacement costs, delays, or additional expenses incurred as a result of defective materials.
  • Responsibility for the resolution, including repairs, replacements, or refunds, lies solely with the manufacturer or logistics provider.

7.3 Exclusions

MBA’s role is strictly limited to the supply of materials, engineering documentation, and services as outlined in the inclusions. MBA does not provide warranties or guarantees for any aspects beyond its direct scope. The following exclusions apply:

• Assembly and Construction:
  MBA is not responsible for the assembly or construction of Shed Homes, Shed Kits, or Individual Components. The Customer must ensure the use of licensed tradespeople or contractors for construction.
  MBA does not guarantee workmanship or outcomes related to assembly.

• Permits and Approvals:
  MBA does not assume responsibility for obtaining council permits, approvals, or certifications. These are solely the Customer’s responsibility.

• Modifications or Alterations:
  Any modifications to materials, designs, or components void MBA’s responsibilities. MBA does not guarantee or provide support for non-standard designs or altered materials.

• Site-Specific Issues:
  MBA is not liable for site-specific conditions, including:

  • Soil stability, drainage, or weather-related impacts.
  • Terrain-related difficulties or accessibility issues.
  • Any issues not disclosed or reflected in the Customer-provided soil test.

• Utilities and Services:
  MBA does not provide utilities, services, or site preparation assistance. The Customer is responsible for ensuring all necessary utilities and services are available on-site.

• Post-Delivery Issues:
  MBA’s responsibility ends upon successful delivery of the materials. MBA is not liable for any defects, damages, or issues reported after the specified 48-hour inspection period.

7.4 Product Substitutions

MBA reserves the right to substitute materials in certain circumstances. These include supply chain disruptions, manufacturer changes, or updates to building codes. The following terms apply:

7.4.1 Right to Substitute Products

• MBA may substitute materials at its discretion to meet availability, quality, or regulatory requirements.
• Substituted products will meet or exceed the performance, quality, and safety standards of the original materials.

7.4.2 Notification of Substitutions

• Customers will be notified of any substitutions in writing for informational purposes only.
• MBA is not required to obtain customer approval before proceeding with substitutions, provided the replacements meet the required standards.

7.4.3 Customer-Initiated Changes

• Customers are not permitted to request changes or substitutions to the materials specified in the Kit Inclusions List. MBA retains full discretion over the materials supplied.

7.4.4 No Liability for Substitution-Related Delays or Costs

• MBA is not liable for any delays, additional costs, or other issues arising from product substitutions.
• If the Customer refuses to accept the substituted materials, MBA reserves the right to cancel the order without issuing a refund.

7.5 Limitations of Warranty

• MBA is not liable for:
  • Defects caused by improper storage, handling, or assembly by the Customer or their contractors.
  • Wear and tear, misuse, or environmental factors affecting materials post-delivery.
  • Issues arising from deviations in the soil test or errors in site preparation.

7.6 Customer Acknowledgment

By purchasing from MBA, the Customer acknowledges that:

• MBA’s responsibility is limited to the supply of materials and engineering documentation.
• Warranties and remedies for defective materials are provided exclusively by the manufacturers.
• The Customer assumes full responsibility for site preparation, construction, and compliance with permits and approvals.

8. Changes and Modifications

8.1 Changes After Order Placement

• Once an order has been placed for any product or service, including Shed Homes, Shed Kits (Class 10a), or Individual Components, no changes or modifications can be made.
• Orders are processed promptly with suppliers and manufacturers upon receipt of the first payment to ensure timely production and delivery. As a result, any modifications after the order is confirmed are not feasible.

8.2 Permitted Changes Before Order Placement

• Customers may request the following changes before their order is confirmed and payment is received:
  • Colors: Adjustments to Colorbond cladding, roofing, or other customizable elements.
  • Window Sizes: Modifications to window dimensions, where applicable, within design constraints.
• All change requests must:
  • Be submitted in writing.
  • Be reviewed and approved by MBA before finalizing the order.
• MBA reserves the right to decline any requested changes that fall outside standard offerings or conflict with engineering requirements.

8.3 Customer Responsibility to Verify Order Details

• Customers are advised to review all order details thoroughly before placing their order.
• By submitting an order, the Customer acknowledges that all specifications, dimensions, and other details are correct and final.

8.4 Requests After Order Confirmation

• Any requests for changes submitted after order confirmation will be automatically rejected. MBA is not obligated to accommodate such requests, and no exceptions will be made.
• Customers are responsible for ensuring their requirements are communicated clearly and accurately before order submission.

8.5 Additional Costs for Custom Work

• MBA operates strictly within the scope of services outlined in the agreement, including:
  • Preliminary Drawings and Structural Engineering for Shed Homes.
  • Standard engineering and supply for Shed Kits and Individual Components.
• Custom Work Requests:
  • MBA may, at its sole discretion, choose to accommodate requests for additional or custom work. Such requests must:
    • Be submitted in writing.
    • Be reviewed and approved by MBA before work begins.
    • Include clear details about the scope of the requested changes.
  • MBA will provide a written quote for any custom work, and payment must be made in advance.
  • MBA reserves the right to decline any request for additional services without providing justification.

8.6 Impact of Changes on Timeline and Costs

• Any agreed-upon modifications or additional work will:
  • Adjust the project timeline: Completion dates for modified orders may be extended.
  • Result in additional costs: The Customer is responsible for covering any incremental costs associated with approved changes.

8.7 Amendments to Terms and Conditions

• MBA reserves the right to amend these terms and conditions at any time to reflect changes in business operations, legal requirements, or customer needs.
• Notification of Amendments:
  • Updates to the terms will be posted on the MBA website and will apply to all future transactions.
  • It is the Customer’s responsibility to review the terms regularly for any updates.

9. Termination Clause

9.1 Company Termination Conditions

The Company reserves the right to terminate the contract under the following circumstances:

1. Misuse of Confidential Information:
   • If the Customer uses, discloses, or distributes any confidential or proprietary information provided by the Company, including but not limited to engineering drawings, inclusions lists, or pricing details, for any purpose other than the agreed project without prior written consent.
2. Defamatory Actions or Misconduct:
   • If the Customer engages in derogatory, defamatory, or malicious actions against the Company, its directors, employees, suppliers, or products through any medium, including online platforms, social media, or public forums.
3. Non-Compliance with Contractual Obligations:
   • If the Customer fails to meet their obligations under these terms, including payment deadlines, site preparation requirements, or compliance with local laws and regulations.
4. Fraud or Misrepresentation:
   • If the Customer provides false information, fraudulent documentation, or otherwise acts in bad faith during the course of the contract.

In the event of termination initiated by the Company, any unused funds from payments received will be refunded at the Company’s discretion, minus costs incurred, including but not limited to administrative fees, engineering services, and supplier restocking charges.

9.2 Customer Termination Conditions

The Customer may terminate the contract under the following conditions:

1. Before Work Commencement:
   • The Customer may cancel their order and request a refund only if no work has commenced on the project. Work commencement includes, but is not limited to, design creation, engineering services, or material procurement.
2. Exceptional Circumstances:
   • If the Customer can demonstrate valid reasons for termination due to unforeseen circumstances beyond their control, the Company may, at its sole discretion, agree to terminate the contract and provide a partial refund.

Non-Refundable Payments:
Payments made for services or materials already commenced, procured, or delivered are non-refundable under any circumstances. This includes, but is not limited to, engineering services, energy efficiency reports, or materials ordered from suppliers.

9.3 Termination Process

1. Notice of Termination:
   • Any request for contract termination, whether by the Company or the Customer, must be submitted in writing via email to Admin@modularbuildingsaustralia.com.au.
2. Review and Response Timeframe:
   • The Company will review termination requests and provide a written response to the Customer within 7 business days.
3. Finalization of Termination:
   • If the Company approves a Customer-initiated termination, any applicable refunds will be processed within 14 business days of approval, subject to deductions for costs incurred as outlined above.
4. Impact on Project Timeline:
   • Any ongoing work will cease immediately upon termination. The Customer acknowledges that termination may result in delays or additional costs for future re-engagement.

9.4 Protection Against Customer Abuse

1. Frivolous or Repeated Termination Attempts:
   • If a Customer submits multiple termination requests without valid justification, MBA reserves the right to decline further communications related to termination and may charge administrative fees for time and resources expended in reviewing such requests.
2. Customer Conduct:
   • MBA reserves the right to pursue legal action or seek damages in cases where termination is prompted by fraudulent activity, malicious intent, or misuse of Company resources.

9.5 No Liability for Termination Impact

MBA is not liable for any direct or indirect losses incurred by the Customer due to contract termination, including, but not limited to:

• Delays in project completion.
• Loss of deposits or payments made to third-party contractors by the Customer.
• Additional costs incurred by the Customer to engage alternative service providers.

10. Dispute Resolution

10.1 Principles of Resolution

MBA is committed to resolving disputes in a fair, efficient, and transparent manner. Both parties agree to work cooperatively to minimize costs and time associated with resolving disagreements.

10.2 Negotiation

1. Good Faith Discussions:
   • In the event of a dispute, both parties agree to engage in good faith discussions to resolve the matter informally.
2. Timeframe:
   • Negotiations must be initiated within 7 business days of either party notifying the other of the dispute.
3. Resolution Period:
   • Both parties shall attempt to resolve the dispute through negotiation within 30 calendar days of the initial notification.

10.3 Mediation

1. Non-Binding Mediation:
   • If negotiation fails, either party may request non-binding mediation.
   • The mediation will be facilitated by a neutral third-party mediator, mutually agreed upon by both parties.
2. Location and Costs:
   • Mediation sessions will be held in Brisbane, Queensland, unless both parties agree to an alternative location or online mediation.
   • The cost of mediation, including the mediator’s fees, will be shared equally by both parties.
3. Timeframe:
   • Mediation must commence within 30 calendar days of a written request for mediation and conclude within 60 calendar days, unless both parties agree to an extension.

10.4 Arbitration

1. Triggering Arbitration:
   • If mediation fails to resolve the dispute within the specified timeframe, the matter will be referred to binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).
2. Location:
   • Arbitration proceedings will be conducted in Brisbane, Queensland.
3. Rules and Costs:
   • The arbitration will follow ACICA’s expedited procedures, where applicable, to minimize costs and time.
   • Each party will bear its own legal costs, while the arbitrator’s fees and related costs will be shared equally.
4. Final Decision:
   • The arbitrator’s decision will be final and binding on both parties, with no right of appeal, except as permitted under Australian law.

10.5 Small Claims Option

1. Eligibility:
   • For disputes involving claims valued at less than AUD $5,000, either party may opt to resolve the matter through the Queensland Civil and Administrative Tribunal (QCAT) or another small claims court with jurisdiction.
2. Simplified Process:
   • This option provides a cost-effective and simplified process, avoiding formal mediation or arbitration.

10.6 Confidentiality

1. Confidential Proceedings:
   • All negotiations, mediations, and arbitration proceedings will remain strictly confidential.
   • Neither party may disclose the details of the dispute or the resolution process to any third party without the prior written consent of the other party, except where disclosure is required by law.

10.7 Exclusions

1. Immediate Legal Remedies:
   • MBA reserves the right to seek immediate injunctive relief or other equitable remedies from a court of competent jurisdiction if the Customer’s actions threaten to cause irreparable harm to MBA, such as breach of confidentiality, intellectual property infringement, or defamatory conduct.

10.8 Costs and Fees

1. Defaulting Party Responsibility:
   • If arbitration or mediation results in a finding that one party is at fault or in breach of the contract, the defaulting party may be required to reimburse the other party for all reasonable costs and fees associated with resolving the dispute.

10.9 Governing Law

1. Applicable Law:
   • This dispute resolution process is governed by and interpreted in accordance with the laws of Australia, with exclusive jurisdiction in Brisbane, Queensland.

11. Liability and Indemnity

11.1 Limitation of Liability

1. Scope of Liability:
   • MBA’s liability is limited to the fullest extent permitted by Australian law. MBA is not liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising from or related to the use or performance of products or services provided.
2. Maximum Liability Amount:
   • MBA’s total liability for any claim, whether in contract, tort, or otherwise, arising from the products or services provided, is strictly limited to the total amount paid by the Customer for those specific products or services.
3. Exclusion of Certain Claims:
   • MBA is not liable for damages caused by:
     • Delays due to Customer actions or inactions.
     • Third-party contractors hired by the Customer.
     • Misuse, alteration, or unauthorized modifications of the products provided by MBA.

11.2 Customer Indemnification Obligations

The Customer agrees to indemnify, defend, and hold MBA harmless from and against any claims, losses, damages, liabilities, costs, and expenses, including legal fees, arising out of or related to:

1. Misuse or Non-Compliance:
   • The Customer’s improper use, installation, or assembly of MBA products, or failure to adhere to the provided engineering drawings, instructions, or guidelines.
2. Regulatory Compliance Failures:
   • The Customer’s failure to obtain required permits, approvals, or certifications for the project.
3. Customer-Engaged Contractors:
   • Any actions, omissions, negligence, or misconduct by third-party contractors, tradespeople, or service providers hired by the Customer, including their failure to comply with local laws and industry standards.
4. Customer’s Site-Specific Risks:
   • Site conditions or preparation, including inadequate soil tests, improper foundation work, or failure to secure the site from weather or environmental hazards.
5. Breach of Terms:
   • Any breach of these terms and conditions by the Customer, including failure to fulfill obligations outlined in Sections 5 (Customer Responsibilities) and 8 (Changes and Modifications).
6. Defamation or Misrepresentation:
   • Any defamatory statements, misrepresentation, or harmful actions by the Customer against MBA, whether publicly or privately.

11.3 Third-Party Liability

1. Contractor Liability:
   • MBA is not liable for any damages, delays, or costs caused by third-party contractors hired by the Customer.
2. Manufacturer and Supplier Responsibility:
   • MBA is not the manufacturer or logistics provider. Any claims related to defective materials, delays in delivery, or product substitutions must be directed to the relevant manufacturer or supplier. MBA will assist in facilitating communication but assumes no financial liability.
3. No Affiliation Warranty:
   • MBA does not guarantee the quality, performance, or suitability of contractors not recommended by MBA. Customers engage third-party contractors at their own risk.

11.4 Site-Specific Risks

1. Customer-Assumed Risks:
   • The Customer assumes full responsibility for site-specific risks, including but not limited to:
     • Soil conditions or inaccuracies in soil testing.
     • Weather events or environmental hazards.
     • Local building regulations or council requirements.
     • Inaccessibility or improper site preparation for delivery and assembly.
2. Delivery Access and Storage Risks:
   • The Customer is responsible for ensuring the delivery site is accessible and safe for delivery trucks. MBA is not liable for delays, damages, or additional costs caused by site access issues.
3. Site Maintenance Post-Delivery:
   • The Customer must ensure that delivered materials are properly stored to prevent damage, theft, or environmental degradation. MBA is not responsible for any issues arising after delivery.

11.5 Exclusion of Consequential Loss

MBA is not liable for any consequential loss incurred by the Customer, including but not limited to:

• Costs associated with delayed council approvals.
• Additional expenses due to construction delays.
• Loss of business opportunities or operational disruptions.
• Repairs or alterations required due to site-specific conditions or improper assembly.

11.6 Force Majeure

MBA is not liable for any delays, damages, or inability to perform due to events beyond its reasonable control, including but not limited to:

• Natural disasters, extreme weather, or environmental hazards.
• Supply chain disruptions or material shortages.
• Industrial actions, strikes, or labor shortages.
• Government-imposed restrictions, regulations, or emergencies.

11.7 Disclaimer of Warranties

1. Limited Warranty Scope:
   • MBA warrants only the delivery of materials as specified in the Kit Inclusions List and the preparation of structural engineering drawings based on the soil test provided by the Customer.
2. No Guarantee of Construction Outcome:
   • MBA does not warrant or guarantee the final construction, assembly, or performance of the Kit Home or individual components, as these depend on the Customer’s contractors and adherence to provided plans.

12. Force Majeure

12.1 Definition of Force Majeure

Force Majeure refers to any extraordinary event or circumstance beyond the reasonable control of either party that prevents or delays the performance of contractual obligations. This includes, but is not limited to:

• Natural disasters (e.g., floods, earthquakes, hurricanes, bushfires).
• Pandemics, epidemics, or public health emergencies.
• Acts of war, terrorism, or civil unrest.
• Government actions, regulations, or restrictions (e.g., embargoes, lockdowns, legislative changes).
• Supply chain disruptions caused by material shortages or transportation delays.
• Labor disputes, strikes, or industrial actions.
• Economic factors resulting from global or local crises.

12.2 Notice of Force Majeure

1. Timely Notification:
   • The affected party must provide written notice to the other party within 7 calendar days of becoming aware of the Force Majeure event.
2. Details to Include:
   • The notice must specify:
     • The nature and extent of the Force Majeure event.
     • Its anticipated impact on the party’s obligations under the contract.
     • Any steps being taken to mitigate its effects.

12.3 Consequences of Force Majeure

1. Suspension of Obligations:
   • Obligations of the affected party will be suspended for the duration of the Force Majeure event.
2. Extension of Deadlines:
   • Deadlines and timelines for project completion or deliveries will be adjusted by a period equal to the duration of the Force Majeure event.
3. Mitigation Efforts:
   • Both parties are required to take all reasonable measures to minimize the impact of the Force Majeure event on contractual obligations.

12.4 Termination for Extended Force Majeure

1. Right to Terminate:
   • If the Force Majeure event persists for more than 30 consecutive days, either party may terminate the contract by providing written notice to the other party.
2. Customer Obligations Upon Termination:
   • The Customer is responsible for payment of:
     • Work completed up to the termination date.
     • Materials ordered or delivered prior to termination.

12.5 Price Adjustments

1. Notification of Adjustments:
   • MBA reserves the right to adjust prices if significant cost increases arise directly from a Force Majeure event (e.g., increased material costs, additional shipping fees).
2. Customer Options:
   • MBA will notify the Customer in writing of any price adjustments. The Customer may:
     • Accept the revised prices and proceed.
     • Terminate the contract without penalty, subject to payment of costs incurred up to the termination date.

12.6 Exclusions from Force Majeure

The following are not considered Force Majeure events:

1. Financial Distress:
   • Lack of funds or financial hardship faced by the Customer.
2. Subcontractor Failures:
   • Performance failures by contractors or subcontractors hired by the Customer.
3. Foreseeable Events:
   • Any events that could have been reasonably anticipated and mitigated by the affected party.

12.7 Dispute Resolution

Any disputes arising from or related to a Force Majeure event will be resolved in accordance with the Dispute Resolution procedures outlined in Section 10 of this agreement.

13. Confidentiality

13.1 Definition of Confidential Information

Confidential Information includes, but is not limited to:

1. Designs, drawings, plans, engineering documents, and renderings.
2. Pricing structures, business strategies, and proprietary processes.
3. Client data, contact information, and project details.
4. Supplier and manufacturer information, trade secrets, and intellectual property.
5. Any information labeled or otherwise identified as confidential by MBA, regardless of the format in which it is provided.

13.2 Non-Disclosure Obligations

1. The Customer agrees to:
   • Keep all Confidential Information private and secure.
   • Refrain from disclosing Confidential Information to any third party, including competitors, suppliers, contractors, or any other external entity, without prior written consent from MBA.
   • Protect MBA’s proprietary methodologies, systems, and materials from unauthorized sharing or duplication.
2. Prohibited Use:
   • The Customer is strictly prohibited from using Confidential Information for commercial purposes, independent projects, or any activity that competes with MBA’s business interests.

13.3 Permitted Use of Confidential Information

1. The Customer may share Confidential Information only under the following conditions:
   • With licensed professionals (e.g., engineers, architects, certifiers) or trades directly involved in the building approval process or construction.
   • The sharing is limited to the extent necessary for completing the project in accordance with MBA’s deliverables.
2. Third-Party Obligations:
   • Before sharing Confidential Information, the Customer must ensure that the third party agrees in writing to confidentiality terms equivalent to those set forth in this agreement.

13.4 Duration of Confidentiality

1. Indefinite Obligation:
   • The confidentiality obligations outlined in this section continue indefinitely, surviving the termination, completion, or cancellation of the contract.
2. Extended Protection:
   • Any unauthorized retention or use of Confidential Information post-contract termination is considered a breach of this agreement and is subject to legal action.

13.5 Reporting and Return of Confidential Information

1. Upon Completion or Termination:
   • The Customer must return all physical and digital copies of Confidential Information to MBA or confirm in writing that all such information has been destroyed.
2. Immediate Reporting:
   • The Customer must notify MBA immediately if they become aware of any unauthorized access, sharing, or misuse of Confidential Information.

13.6 Breach of Confidentiality

1. Immediate Consequences:
   • Any unauthorized disclosure or misuse of Confidential Information will be deemed a material breach of this agreement.
2. Legal Remedies:
   • MBA reserves the right to seek all available legal remedies, including:
     • Injunctive relief to prevent further misuse or dissemination of Confidential Information.
     • Monetary damages, including compensatory, punitive, and statutory damages.
     • Recovery of legal fees and costs incurred in enforcing confidentiality provisions.

13.7 Intellectual Property Protection

1. Ownership of Materials:
   • All Confidential Information, including designs, engineering drawings, and proprietary methodologies, remains the sole property of MBA.
   • The Customer acquires no ownership or licensing rights to MBA’s intellectual property, except for the limited right to use it for the intended purpose of the project.
2. Unauthorized Replication:
   • Any replication, modification, or use of MBA’s intellectual property outside the scope of this agreement is strictly prohibited and constitutes a breach of intellectual property law.

14. Intellectual Property

14.1 Ownership of Intellectual Property

1. All intellectual property, including but not limited to designs, drawings, specifications, engineering documents, 3D models, plans, renderings, and any other materials provided by Modular Buildings Australia (MBA), is and remains the exclusive property of MBA.
2. Intellectual property provided by MBA’s supply partners, manufacturers, or third-party collaborators (e.g., Stramit, Bremick) is also protected under this clause. MBA reserves the right to enforce intellectual property protections for all materials shared under its agreements.
3. The Customer acquires no ownership or proprietary rights to any intellectual property provided by MBA or its partners.

14.2 Limited License for Use

1. MBA grants the Customer a non-exclusive, non-transferable, and revocable license to use MBA’s intellectual property solely for the purpose of:
   • Obtaining necessary building permits, council approvals, or certifications.
   • Constructing the Kit Home or assembling components as per the scope of the specific project outlined in the contract.
2. This license:
   • Is strictly limited to the specific project for which the materials were provided.
   • Does not extend to the Customer’s other projects, commercial activities, or unrelated purposes.
   • Is automatically terminated upon project completion or contract termination.

14.3 Restrictions on Use

The Customer is expressly prohibited from:

1. Reproducing, distributing, modifying, or creating derivative works from MBA’s intellectual property, including but not limited to the Inclusions List, designs, or engineering documents, without prior written consent from MBA.
2. Sharing intellectual property with third parties except as specified in 14.4.
3. Using intellectual property to reverse engineer MBA’s processes, products, or design methodologies.
4. Incorporating MBA’s proprietary designs or materials into commercial projects, derivative products, or competing services.

14.4 Sharing with Third Parties

1. Intellectual property provided by MBA may only be shared with licensed professionals or trades involved in the following:
   • Building approval processes (e.g., engineers, architects, or certifiers).
   • The assembly or construction of the Kit Home or components.
2. Before sharing MBA’s intellectual property, the Customer must:
   • Ensure the third party agrees in writing to confidentiality and non-disclosure terms equivalent to those binding the Customer.
   • Confirm that the information will only be used for the scope of the specific project.

14.5 Breach and Infringement

1. Unauthorized use, distribution, or modification of MBA’s intellectual property constitutes a material breach of this agreement and may result in:
   • Immediate termination of the contract.
   • Legal action, including but not limited to injunctive relief, compensatory damages, and recovery of legal costs.
2. The Customer agrees to indemnify and hold harmless MBA from any claims, damages, or expenses arising from:
   • The unauthorized use or distribution of MBA’s intellectual property.
   • Third-party misuse of MBA’s intellectual property caused by the Customer.

14.6 Protection of Supply Partners’ Intellectual Property

1. Any intellectual property, designs, or proprietary materials provided to MBA by its supply partners, manufacturers, or third-party collaborators (e.g., Stramit, Bremick) are considered confidential and proprietary.
2. The Customer is prohibited from:
   • Sharing or replicating supply partner materials, designs, or proprietary information for personal, commercial, or competitive purposes.
   • Contacting MBA’s supply partners directly to obtain materials or designs without MBA’s written authorization.
3. Recovery of Supplier-Initiated Damages:
   • If a supplier or third party seeks legal damages or remedies from MBA due to unauthorized use, distribution, or sharing of supplier materials by the Customer, MBA reserves the right to recover all associated costs, including damages, legal fees, and settlement amounts, directly from the Customer.
   • The Customer acknowledges their responsibility for any actions that breach supplier agreements or infringe upon supplier intellectual property rights.

14.7 Inclusions List as Proprietary Intellectual Property

1. The Inclusions List provided by MBA is considered proprietary intellectual property and is the result of detailed engineering, design, and manufacturing integration.
2. The Inclusions List is provided solely for the purpose of:
   • Verifying the delivery of materials for the project.
   • Supporting the construction of the Kit Home or assembly of individual components as per the scope of the contract.
3. The Customer is expressly prohibited from:
   • Sharing the Inclusions List with suppliers, contractors, or competitors for independent material sourcing.
   • Using the Inclusions List for derivative works, reverse engineering, or competing projects.
   • Distributing, reproducing, or publishing the Inclusions List in any format.

14.8 Legal Remedies for Breach of Intellectual Property Rights

1. Any breach of MBA’s intellectual property rights, including unauthorized sharing, replication, or use, will be subject to immediate legal action. MBA reserves the right to:
   • Pursue injunctive relief to prevent further misuse or distribution of its intellectual property.
   • Seek monetary damages for losses incurred due to the breach, including punitive damages.
   • Recover all legal costs associated with enforcing intellectual property protections.
2. Breach of intellectual property protections involving supply partners’ materials may also result in separate legal action from those entities.

14.9 Termination of License

1. Upon project completion or contract termination:
   • The Customer’s limited license to use MBA’s intellectual property is automatically revoked.
   • The Customer must immediately cease all use of MBA’s intellectual property.
   • All physical and digital copies of proprietary materials must be returned to MBA or destroyed.

15. Health and Safety

15.1 Compliance with Safety Standards

1. The Customer is solely responsible for ensuring compliance with all relevant health and safety regulations during:
   • Site preparation.
   • Delivery and offloading of materials.
   • Assembly and construction of the Kit Home, Shed Kit (Class 10a), or Individual Components.
2. This includes adherence to local, state, and national health and safety laws, codes, and guidelines.

15.2 Customer Responsibilities

The Customer, along with their contractors, tradespeople, or any third parties involved, must:

1. Establish a Safe Work Environment:

   • Ensure the worksite is free from hazards, such as unstable ground, debris, or obstructions that may interfere with safe delivery or construction.
   • Implement safety protocols and maintain a clear site for all construction activities.

2. Handle and Store Materials Safely:

   • Store materials in a secure and weatherproof location to prevent deterioration, damage, or safety hazards.
   • Follow handling instructions provided by MBA or manufacturers for heavy, sharp, or potentially hazardous materials (e.g., steel, screws, cladding).

3. Use Appropriate Personal Protective Equipment (PPE):

   • Ensure that all individuals on-site wear proper PPE, including gloves, helmets, safety boots, and eye protection, as required.

4. Provide Necessary Equipment:

   • Use appropriate equipment (e.g., cranes, Hi-AB trucks, forklifts) for the safe unloading and handling of materials.
   • Secure all equipment to prevent accidents or injuries.

5. Supervise Work Activities:

   • Designate qualified personnel to oversee all on-site activities, ensuring safety protocols are followed.

15.3 MBA’s Responsibilities

1. Material Safety Compliance:
   • MBA ensures that all materials and components supplied meet or exceed industry safety standards at the time of delivery.
2. Delivery Guidance:
   • MBA provides guidelines for the safe unloading and storage of materials. These guidelines are intended as recommendations only and do not transfer liability for on-site safety to MBA.

15.4 Delivery Safety Requirements

1. The Customer must ensure that the delivery site is accessible and safe for the delivery vehicle and crew.
2. The Customer must provide or arrange for any additional equipment required to safely unload and store the materials, such as cranes or lifting devices, if specified by MBA or suppliers.
3. MBA reserves the right to withhold delivery if the site is deemed unsafe by the delivery team, and any resulting delays or additional costs will be borne by the Customer.

15.5 Reporting Safety Concerns

1. If the Customer identifies any potential safety issues related to the materials provided by MBA, these must be reported to MBA immediately via email or phone.
2. MBA will review the concern and provide guidance to address the issue.
3. The implementation of on-site safety measures based on this guidance remains the sole responsibility of the Customer.

15.6 Liability and Indemnity for Safety Compliance

1. Customer Liability:

   • MBA is not liable for any injuries, accidents, or damages resulting from the Customer’s failure to:
     • Maintain a safe worksite.
     • Properly handle, store, or assemble materials.
     • Comply with relevant health and safety laws.

2. Assumption of Risk:

   • The Customer assumes all risks associated with site preparation, material handling, and construction activities.
   • MBA’s liability ends upon delivery of materials to the Customer’s specified site.

3. Indemnity Clause:

   • The Customer agrees to indemnify and hold MBA harmless from any claims, damages, or liabilities arising from:
     • Injuries or accidents on-site.
     • Non-compliance with safety laws or practices.
     • Actions or negligence by the Customer, their contractors, or third parties.

15.7 Safety for Shed Homes, Sheds (Class 10a), and Individual Components

1. Shed Homes and Sheds (Class 10a):

   • The Customer must engage licensed and qualified tradespeople for all construction and assembly work.
   • Structural integrity depends on adherence to the provided engineering drawings and assembly instructions. MBA holds no liability for structural issues caused by improper construction practices.

2. Individual Components:

   • The Customer is responsible for ensuring that individual components are used in accordance with their intended purpose and specifications.
   • Any misuse of materials that results in injury, damage, or non-compliance with safety regulations is the sole responsibility of the Customer.

15.8 Limitations of MBA’s Role in Health and Safety

1. MBA’s responsibilities are limited to:

   • Supplying materials and components as per the agreed contract.
   • Providing documentation (e.g., engineering drawings) to facilitate safe construction.

2. MBA does not:

   • Oversee, manage, or inspect on-site construction activities.
   • Provide training or supervision for tradespeople.
   • Ensure compliance with on-site safety protocols or regulations.

By purchasing from MBA, the Customer acknowledges and agrees to these terms, assuming full responsibility for all health and safety matters during the project.

16. Environmental Considerations

16.1 Commitment to Sustainability

1. MBA is dedicated to incorporating sustainable materials and building practices wherever possible, with a focus on reducing environmental impact throughout the design and supply process.
2. Customers are encouraged to adopt sustainable practices during all project phases, including site preparation, construction, and assembly.

16.2 Compliance with Environmental Regulations

1. The Customer is responsible for ensuring that all activities related to site preparation, delivery, construction, and assembly comply with:
   • Local, state, and national environmental regulations.
   • Applicable codes regarding waste management, emissions, and ecosystem protection.
2. Non-compliance with environmental regulations is solely the Customer’s responsibility, and MBA will not be held liable for any resulting fines, penalties, or remediation costs.

16.3 Managing Environmental Impact

The Customer must assess and minimize the environmental impact of their project. Key responsibilities include:

1. Local Ecosystem Preservation:
   • Avoiding unnecessary disruption to vegetation, wildlife, and surrounding ecosystems.
2. Construction Waste Management:
   • Properly handling, sorting, and disposing of construction waste in accordance with environmental regulations.
   • Recycling materials where possible to reduce landfill contributions.
3. Pollution Control:
   • Implementing measures to mitigate dust, noise, and water runoff that could negatively affect the surrounding area.
4. Energy Efficiency Implementation:
   • Ensuring energy efficiency measures are followed during construction and assembly, as outlined in provided reports.

16.4 Sustainable Materials

1. MBA strives to source sustainable materials, including energy-efficient insulation and responsibly manufactured structural components, to reduce the environmental footprint of its offerings.
2. Customers who source additional materials beyond those provided by MBA must ensure that they meet sustainability and regulatory standards.

16.5 Energy Efficiency Compliance

1. MBA includes an Energy Efficiency Certificate as part of the Structural Engineering Package for Shed Homes, ensuring compliance with Australia’s 7-star energy efficiency standards. This report outlines guidelines on:

   • Insulation requirements.
   • Optimal window placement and materials.
   • Additional energy-saving recommendations.

2. Customer Responsibilities:

   • Customers must arrange for any additional energy efficiency reports required by local councils or regulations.
   • The Customer must install the insulation and other energy-saving measures as outlined in the MBA-provided report or any additional reports arranged independently.
   • Failure to implement these measures may result in the project failing to meet required energy efficiency standards. MBA is not liable for non-compliance in such cases.

16.6 Individual Components and Environmental Responsibility

1. Customers purchasing individual components must ensure their proper use and integration with sustainable construction practices.
2. Materials provided by MBA are intended for efficient and compliant use; improper handling or use that leads to waste or environmental damage is the Customer’s responsibility.

16.7 Reporting Environmental Concerns

1. If the Customer identifies any environmental concerns or incidents related to MBA materials or project activities, they must notify MBA immediately.
2. MBA will review the concern and provide guidance on addressing the issue. However, implementation and compliance remain the Customer’s responsibility.

16.8 Limitation of Liability for Environmental Impact

1. MBA’s role is limited to the supply of materials, engineering documentation, and associated services.
2. MBA is not liable for environmental impacts caused by:
   • Improper site preparation or construction practices by the Customer or their contractors.
   • Non-compliance with environmental regulations by the Customer or third parties.
   • Improper disposal of waste or use of materials beyond their intended purpose.

17. Insurance

17.1 Customer Insurance Obligations

The Customer is solely responsible for obtaining and maintaining adequate insurance coverage for all activities related to the purchase, delivery, and assembly of MBA-provided materials. This includes, but is not limited to:

1. Public Liability Insurance:
   • Coverage for claims arising from accidents, injuries, or property damage occurring on the Customer’s site during site preparation, delivery, or construction.
2. Builders’ Insurance:
   • Coverage for damages or losses to the Kit Home, Class 10a Shed, or individual components during delivery, storage, or construction.
3. Transit Insurance:
   • Coverage for materials in transit from MBA’s suppliers to the Customer’s site, if not already covered by MBA’s suppliers.

Failure to secure these insurances places full responsibility for any resulting losses, claims, or liabilities on the Customer.

17.2 Proof of Insurance

1. While MBA does not require proof of insurance before commencing services or delivering materials, the Customer is strongly advised to ensure coverage is in place to mitigate risks.
2. The absence of adequate insurance coverage does not absolve the Customer of liability for any losses, damages, or claims arising from their project.

17.3 Company Insurance

1. MBA maintains its own insurance policies to cover its operations, including product liability and business activities.
2. MBA’s insurance does not extend to risks associated with:
   • The Customer’s site preparation, construction, or storage of materials.
   • Any incidents, damages, or losses occurring during the use, assembly, or installation of materials.

17.4 Risks Covered by Customer Insurance

The following risks must be covered under the Customer’s insurance policies:

1. Site-Specific Risks:
   • Damages caused by adverse site conditions (e.g., unstable ground, flooding, or erosion).
2. Construction Activities:
   • Injuries to workers, contractors, or third parties involved in construction.
   • Damages to structures or adjacent properties during assembly.
3. Storage Risks:
   • Protection of materials from theft, vandalism, or weather-related damages during storage at the Customer’s site.

17.5 Indemnity for Lack of Insurance

1. In the event the Customer fails to obtain and maintain adequate insurance coverage, they agree to indemnify, defend, and hold harmless MBA, its directors, employees, and suppliers from any claims, damages, losses, or liabilities arising from:
   • Site-specific incidents, accidents, or injuries.
   • Damages to materials or structures.
   • Legal actions resulting from non-compliance with insurance requirements.
2. The Customer’s failure to secure insurance does not transfer liability to MBA under any circumstances.

17.6 Notification of Insurance Claims

1. The Customer must notify MBA promptly of any insurance claims or incidents involving MBA-provided materials or services.
2. MBA will cooperate as needed to provide documentation or information, but the responsibility for initiating and managing claims lies solely with the Customer.

18. Governing Law

18.1 Applicable Law

This contract is governed by the laws of the Commonwealth of Australia, including any relevant state or territory laws applicable to the location of the project or the Company’s operations. All parties agree to submit to the exclusive jurisdiction of the courts of Australia for any disputes arising from or related to this contract.

18.2 Compliance with Local Regulations

1. Customer Responsibility:
   • The Customer is solely responsible for ensuring compliance with all applicable local laws, regulations, building codes, and council requirements related to site preparation, construction, and assembly of the Kit Home, Shed, or Individual Components.
   • The Customer must secure any required permits, certifications, or approvals prior to commencing work.
2. Company Limitation of Liability:
   • MBA will not be held liable for any legal issues, penalties, or additional costs arising from the Customer’s failure to comply with local regulations.
3. Guidance Provided by MBA:
   • While MBA provides guidance where applicable, the Customer must confirm and adhere to site-specific regulatory requirements independently.

18.3 Dispute Resolution and Interpretation

1. All disputes arising under or in connection with this contract will be resolved following the dispute resolution procedures outlined in Section 10.
2. Any interpretations of this contract, including the dispute resolution procedures, will be governed by Australian law.

18.4 Severability

1. If any provision of this contract is determined to be invalid, unlawful, or unenforceable by a court of competent jurisdiction:
   • Such provision will be severed from the contract.
   • The remaining provisions will continue in full force and effect, to the maximum extent permitted by law.
2. The invalid or unenforceable provision will be replaced by a valid and enforceable provision that most closely matches the intent and purpose of the original provision.

18.5 Entire Agreement

1. This contract represents the entire agreement between the parties, superseding all prior agreements, discussions, understandings, or representations—whether oral or written—related to the subject matter herein.
2. No amendments, modifications, or additions to this contract will be binding unless made in writing and agreed upon by both parties.

19. Entire Agreement

19.1 Integration Clause

1. This contract constitutes the entire agreement between Modular Buildings Australia (MBA) and the Customer, superseding all prior agreements, understandings, negotiations, and representations—whether oral or written—related to the subject matter of this contract.
2. No representations, promises, or agreements made by any party that are not explicitly stated in this contract shall have any legal effect.

19.2 Amendments

1. Any amendments, modifications, or additions to this contract must:
   • Be made in writing.
   • Be signed by authorized representatives of both the Company and the Customer to be valid.
2. Verbal agreements or informal communications, including emails or text messages, will not amend or modify the terms of this contract.

19.3 No Waiver

1. Failure by either party to enforce any provision of this contract, or to exercise any rights under it, shall not be deemed a waiver of that provision or right.
2. Any waiver must be:
   • Explicitly stated in writing.
   • Signed by the party granting the waiver.
3. A waiver of any breach of this contract shall not constitute a waiver of any subsequent breach.

19.4 Assignment and Delegation

1. The Customer may not assign, transfer, or delegate any rights or obligations under this contract without the prior written consent of MBA.
2. MBA retains the right to:
   • Assign or subcontract any part of its obligations under this contract to third parties, provided such third parties comply with the terms and standards set forth in this agreement.
3. Any unauthorized assignment, transfer, or delegation by the Customer will be deemed null and void.

19.5 Severability of Terms

1. If any provision of this contract is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
2. The invalid or unenforceable provision will be replaced by a valid provision that most closely reflects the original intent.

19.6 Headings and Interpretation

1. The headings used in this contract are provided for organizational purposes only and do not affect the interpretation or enforceability of any provisions.
2. In case of any ambiguity or conflict in the interpretation of this agreement, priority shall be given to the clear intent of the substantive provisions over the headings.

19.7 Entire Agreement Scope

1. This contract is specific to the purchase and delivery of MBA’s offerings, including:
   • Shed Homes (Class 1a).
   • Shed Kits (Class 10a).
   • Individual Components.
2. No additional rights or obligations will arise unless explicitly agreed upon in writing and integrated into this agreement.

20. Kit Inclusions and Delivery Verification

20.1 Inclusions List Access and Timing

1. The detailed Inclusions List specific to the purchased Kit Home or Shed Kit (the “Inclusions List – [Design Name]”) will be provided to the Customer only after the second payment for the Kit Home has been received and confirmed in MBA’s account.
2. The Inclusions List outlines all components supplied in the Kit Home or Shed Kit, including but not limited to structural elements, cladding, fasteners, and insulation.
3. MBA guarantees that all components listed in the Inclusions List comply with the specifications detailed during the sales process. No additional materials or services beyond what is explicitly listed will be supplied unless otherwise agreed in writing.

20.2 Confidentiality and Restrictions on Use of Inclusions List

1. The Inclusions List is considered proprietary and confidential intellectual property of MBA. It reflects extensive engineering and design work and is provided solely for:
   • Delivery verification.
   • Assembly of the Kit Home or Shed Kit.
2. The Customer agrees:
   • Not to share, reproduce, or distribute the Inclusions List with any third party, supplier, contractor, or competitor without prior written consent from MBA.
   • To use the Inclusions List solely for the purpose of verifying delivery and assembling the Kit Home or Shed Kit.
3. Any unauthorized use, distribution, or reproduction of the Inclusions List will be considered a violation of MBA’s intellectual property rights, subject to legal action.

20.3 Customer Responsibilities for Delivery Verification

1. The Customer is responsible for using the Inclusions List to verify the completeness and accuracy of the materials delivered.
2. Upon delivery:
   • The Customer must inspect all materials for any visible damage, defects, or shortages.
   • The Customer must compare the delivered items to the Inclusions List to confirm the completeness of the shipment.

20.4 Reporting Discrepancies and Resolution

1. Any discrepancies, including damaged or missing items, must be reported to MBA within 48 hours of delivery.
2. Reports must include:
   • A detailed description of the issue.
   • Clear photographic evidence of the discrepancy or damage.
3. MBA will facilitate communication with suppliers to resolve any reported issues. However, MBA’s liability is limited to assisting in the resolution process and does not extend to financial liability for replacement costs, delays, or consequential damages.

20.5 Conclusion of Contractual Obligations

1. MBA’s contractual obligations to the Customer are deemed complete when the following conditions are met:
   • The second payment for the Kit Home or Shed Kit has been received and confirmed.
   • The materials are delivered to the Customer’s specified site.
   • The Customer has verified the delivery and reported any discrepancies within the specified timeframe.
2. MBA will not be held responsible for any issues reported after the 48-hour verification window.

20.6 Product Substitutions and Adjustments

1. MBA reserves the right to substitute materials listed in the Inclusions List under the following circumstances:
   • Supply chain disruptions or unavailability of specified products.
   • Manufacturer changes or updates to product lines.
   • Changes in building codes or regulatory requirements.
2. Substituted materials will:
   • Meet or exceed the original specifications for quality, safety, and performance.
   • Be documented and communicated to the Customer for transparency.

20.7 Notification and Approval of Substitutions

1. In the event substitutions are required, MBA will:
   • Notify the Customer in writing, providing full details of the substituted products.
   • Ensure that substitutions comply with all relevant standards and regulations.
2. If significant cost changes result from product substitutions:
   • MBA will seek written approval from the Customer before proceeding with the order or delivery.
   • If the Customer does not approve the substitution, MBA may cancel the affected portion of the order and issue a refund for undelivered materials.

20.8 Exclusion of Liability for Product Substitutions

1. MBA is not liable for:
   • Delays caused by product substitutions.
   • Additional costs resulting from unavailability of specified products if suitable alternatives are offered.
2. If the Customer rejects the proposed substitutions or fails to provide timely approval, MBA is not responsible for delays, cancellations, or related consequences.

20.9 Final Customer Acknowledgment

1. By purchasing from MBA, the Customer acknowledges and agrees:
   • That they have reviewed the terms of the Inclusions List and delivery verification process.
   • That MBA’s obligations are limited to supplying the materials listed in the Inclusions List and assisting in resolving any reported discrepancies.

21. Sales of Individual Components

21.1 Order Placement and Payment Confirmation

1. Individual component orders can be placed via MBA’s online store. Prices displayed at the time of purchase include a provisional delivery price, which is subject to confirmation by the supplier.
2. Upon receipt of the Customer’s payment:
   • MBA will place the order with the relevant suppliers.
   • A receipt of payment will be provided to the Customer, and the order will be marked as processing.

21.2 Supplier Order Confirmation Process

1. MBA will request a formal order confirmation from the supplier, which includes:
   • Final pricing for the ordered components.
   • Availability and stock levels.
   • Proposed delivery date and timeframe.
2. If the supplier’s confirmed pricing differs from the provisional delivery price, MBA will:
   • Notify the Customer immediately in writing.
   • Provide an updated total cost and request approval to proceed with the adjusted price.

21.3 Pricing Adjustments and Refunds

1. In cases where the final delivery cost or component price exceeds the provisional amount, the Customer will have the following options:
   • Approve the adjusted cost and proceed with the order.
   • Decline the adjustment, resulting in the cancellation of the order with a full refund issued by MBA within 7 business days.
2. MBA guarantees transparency in pricing adjustments, ensuring the Customer is fully informed before any changes are finalized.

21.4 Right to Cancel Component Orders

1. MBA reserves the right to cancel individual component orders under the following circumstances:
   • Supplier pricing or conditions render the order non-viable.
   • Stock shortages or unavailability of specific components.
   • Unforeseen circumstances that impact MBA’s ability to fulfill the order.
2. If an order is canceled:
   • MBA will issue a full refund within 7 business days.
   • The Customer will receive a written explanation of the cancellation and any potential alternatives.

21.5 Delivery Process and Verification

1. Once the supplier confirms the order:
   • MBA will provide the Customer with the proposed delivery date and timeframe.
   • The Customer will be responsible for ensuring the delivery site is prepared and accessible as per MBA’s delivery requirements (see Section 15).
2. Upon delivery, the Customer must:
   • Verify all components against the provided documentation.
   • Report any discrepancies or damages to MBA within 48 hours, along with photographic evidence.

21.6 Non-Transferability of Components

1. Components purchased from MBA are for the sole use of the Customer’s project and must not be resold or redistributed without prior written consent from MBA.
2. MBA retains the right to deny future sales to Customers found in violation of this clause.

21.7 Confidentiality and Proprietary Information

1. Any documentation or technical information provided by MBA in relation to individual components is proprietary and confidential.
2. The Customer agrees not to share, reproduce, or use this information beyond the scope of the specific project for which the components were purchased.

21.8 Warranty and Liability for Components

1. Warranties for individual components are provided by the respective manufacturers. MBA will facilitate communication with the manufacturer in the event of defects or issues but assumes no financial liability for replacement or repair.
2. MBA’s responsibility ends upon delivery and verification of the components. The Customer assumes all risks and liabilities associated with the use, installation, and storage of the components.

22. Additional Support and Communication

22.1 Interactive 3D Structural Model

1. MBA provides the Customer with access to an Interactive 3D Structural Model for a period of 90 days following the delivery of the Kit Home.
2. Purpose: This model is designed to:
   • Facilitate easy and accurate assembly of the Kit Home.
   • Enhance the Customer’s understanding of the construction process.
3. Access:
   • The model is accessible via a secure online platform or software recommended by MBA.
   • After the 90-day period, access to the model will be revoked unless otherwise agreed upon in writing.

22.2 Online Support Policy

1. MBA operates an online support system instead of phone support to ensure:
   • Clear and documented communication for transparency and accountability.
   • Accuracy in addressing Customer inquiries by reviewing written details.
2. Benefits of Online Support:
   • Customers can submit their questions, concerns, or requests in writing via a monitored online form.
   • This approach allows MBA to maintain detailed records of all interactions, minimizing misunderstandings and ensuring consistent follow-up.
3. Exceptions: MBA may initiate phone or video communication under exceptional circumstances if deemed necessary by the Company.

22.3 Response Time

1. MBA aims to respond to all inquiries submitted through the online form within 7 working days.
2. Justification for Response Time:
   • MBA prioritizes accuracy and thoroughness in addressing inquiries, which requires time to review the specific details of each case.
   • This ensures that responses are well-considered and align with MBA’s standards and commitments.
3. The Customer is encouraged to provide comprehensive details in their initial inquiry to facilitate faster resolution.

22.4 Documentation and Record-Keeping

1. Purpose: MBA documents and retains all communication with the Customer to:
   • Ensure transparency and accountability in all interactions.
   • Protect both the Customer and MBA by maintaining a clear history of agreements, inquiries, and resolutions.
2. Scope: This includes:
   • Emails, online form submissions, and any written correspondence.
   • Notes from any exceptional phone or video communications initiated by MBA.
3. Retention: Records are securely stored for a period of 5 years or as required by applicable regulations.

23. Limitation of Liability for Common Construction Issues

23.1 Cracking of Gyprock

1. MBA is not responsible for any cracking of gyprock (drywall) that occurs after the delivery of materials.
2. Such issues are typically caused by factors beyond MBA’s control, including:
   • Installation techniques.
   • Variations in humidity or temperature.
   • Site-specific conditions such as foundation settling or movement.
3. It is the Customer’s responsibility to ensure proper handling, storage, and installation practices to mitigate such risks.

23.2 Delivery Delays and Errors

23.2.1 Delivery Delays Beyond MBA’s Control

1. MBA is not liable for any delays caused by:
   • Transportation issues, adverse weather conditions, or supply chain disruptions.
   • Delays from suppliers, manufacturers, or third-party logistics providers.
   • The Customer’s failure to ensure the site is prepared and accessible at the agreed-upon delivery time.
2. Delivery dates provided by MBA are estimates based on supplier and logistics information and are not guaranteed.

23.2.2 Errors by Delivery Providers

1. MBA is not responsible for errors by third-party delivery services, such as:
   • Incorrect or incomplete deliveries.
   • Delivery to the wrong location.
   • Loss or damage to materials during transit.
2. MBA will assist the Customer in communicating with the logistics provider to resolve such issues, but the final responsibility lies with the delivery company.

23.2.3 Customer Responsibility for Delivery Information

1. The Customer must provide accurate and complete delivery information at the time of order.
2. The Customer is responsible for ensuring the delivery site:
   • Is accessible to large delivery vehicles.
   • Complies with local regulations for receiving deliveries.
3. MBA will not be held liable for delays or misdeliveries resulting from:
   • Incorrect, incomplete, or outdated delivery information.
   • Inaccessible or improperly prepared delivery sites.

23.2.4 No Refunds for Delays or Delivery Errors

1. MBA will not issue refunds or compensation for delays or delivery errors caused by third-party logistics providers.
2. Any claims for compensation must be directed to the logistics provider responsible for the error.

23.3 Site Access Issues

1. The Customer is responsible for ensuring the site is accessible for delivery vehicles and personnel.
2. Additional costs incurred due to site access issues, such as the need for specialized equipment (e.g., cranes or forklifts), are the sole responsibility of the Customer.

23.4 Defects in Materials

1. MBA ensures all materials provided meet the manufacturer’s specifications and warranties.
2. The Customer must report any defects or damage within 48 hours of delivery, including clear photographic evidence.
3. MBA’s liability is limited to assisting the Customer in facilitating communication with the manufacturer. MBA is not responsible for:
   • Project delays caused by the replacement or repair of defective materials.
   • Costs incurred by the Customer due to defective materials.
4. The Customer assumes responsibility for proper site preparation and adherence to engineering designs. Any issues resulting from deviations from these requirements are beyond MBA’s liability.

23.5 Errors in Customer-Provided Information

1. The Customer is responsible for ensuring the accuracy of all information provided to MBA.
2. MBA will not be liable for:
   • Delays caused by incorrect or incomplete information.
   • Additional costs incurred as a result of such errors.

23.6 Third-Party Contractor Issues

1. MBA is not responsible for any work performed by third-party contractors hired by the Customer.
2. Any issues, damages, or delays caused by third-party contractors must be resolved directly between the Customer and the contractor.

23.7 Changes in Local Building Codes

1. MBA is not liable for any changes in local building codes or regulations that occur after materials have been delivered or designs have been provided.
2. The Customer is responsible for ensuring compliance with all local regulations before and during the construction process.

23.8 No Liability for Material-Related Delays

1. While MBA assists in resolving issues with defective or missing materials, MBA is not liable for delays or additional costs caused by:
   • Manufacturing replacements.
   • Extended shipment timelines.
   • Other supplier-related issues.
2. Claims for compensation must be directed to the manufacturer or supplier responsible.

23.9 No Liability for Site-Specific Issues

1. MBA’s designs and engineering are based on the soil test and information provided by the Customer.
2. MBA assumes no liability for:
   • Soil instability, drainage problems, or other environmental conditions not disclosed or reflected in the soil test.
   • Improper site preparation or construction errors by the Customer’s builder.
3. The Customer must ensure the site is prepared according to MBA’s specifications and that all construction is carried out by licensed and qualified professionals.

23.10 Customer’s Role in Delivery Verification

1. The Customer is responsible for inspecting the delivery and verifying all items against the Kit Inclusions List.
2. Any discrepancies, missing items, or damages must be reported to MBA within 48 hours, with clear photographic evidence.
3. MBA will assist in resolving such issues but holds no liability for discrepancies reported after this period.

23.11 Foundation and Soil Requirements

1. Foundation and soil requirements are based on the site classification and soil test provided by the Customer. Acceptable classifications are A, S, or M, unless explicitly stated otherwise.
2. MBA assumes no responsibility for issues arising from:
   • Uncompacted fill, disturbed ground, or unsupported excavation walls.
   • Soil conditions not disclosed or inaccurately represented in the provided soil test.
3. Customers must adhere to the minimum foundation and slab specifications outlined in the engineering drawings, including curing times and reinforcement standards.
4. For H and E class soils, minor cracking of slabs is considered cosmetic and does not constitute a structural defect.

## Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact us at:
– **Email**: Admin@modularbuildingsaustralia.com.au
– **Company**: Modular Buildings Australia Pty Ltd.
– **Address**: [Hervey Bay, Qld 4655]

## Last Updated
These Terms and Conditions were last updated on 23.01.25.