Modular Buildings Australia – Terms and Conditions

Last Updated: May 2026

These Terms and Conditions govern the supply of products, services, engineering coordination, documentation, and building systems provided by Modular Buildings Australia Pty Ltd ("MBA", "we", "our", or "us").

By purchasing from MBA, accepting a quote, paying an invoice, or engaging MBA for services, the Customer agrees to these Terms and Conditions.

1. Company Information

Company: Modular Buildings Australia Pty Ltd
ACN: 680 040 313
Location: Hervey Bay, Queensland, Australia
Email: admin@modularbuildingsaustralia.com.au

2. Definitions
2.1 Customer

The individual, company, trust, or entity purchasing products or services from MBA.

2.2 Shed Home

A Class 1a pre-engineered residential building system supplied by MBA, including engineering coordination, documentation, and structural kit supply.

2.3 Class 10a Shed Kit

A non-habitable building kit intended for uses such as storage, workshops, garages, or agricultural purposes.

2.4 Stage One

MBA's preliminary design and pre-lodgement phase for Shed Homes.

2.5 Stage Two

MBA's engineering, energy efficiency, drafting coordination, and technical documentation phase.

2.6 Stage Three

MBA's kit ordering, manufacturing coordination, logistics, delivery, and BOM verification phase.

2.7 Technical Pack

The combined engineering, energy efficiency, drafting, site, and related documentation coordinated by MBA.

2.8 Bill of Materials (BOM)

The detailed itemised component schedule generated from MBA's coordinated engineering and 3D modelling systems.

2.9 Soil Test

A geotechnical report prepared by a licensed geotechnical professional.

2.10 Engineering Drawings

Structural engineering documentation prepared by qualified engineers based on project information and site conditions.

2.11 Energy Efficiency Report

A report prepared by a qualified assessor to assist compliance with applicable NCC energy efficiency requirements.

2.12 Architectural Drafting Coordination

The coordination pathway between MBA and independent architectural drafting providers to align engineering, energy efficiency, and technical documentation.

2.13 Site Address

The delivery and/or construction location nominated by the Customer.

3. MBA's Role

MBA operates as a technical coordination and building system supply company.

MBA's role generally includes:

  • Preliminary design coordination

  • Structural system planning

  • Engineering coordination

  • Energy efficiency coordination

  • Architectural drafting coordination

  • Kit ordering and supplier coordination

  • Manufacturing coordination

  • Delivery coordination

  • Technical workflow sequencing

  • Supply of engineered structural kits and associated components

MBA does not:

  • Construct buildings

  • Supervise construction works

  • Act as the builder

  • Act as the certifier

  • Guarantee council approval

  • Guarantee builder availability

  • Provide legal advice

  • Provide town planning advice

  • Provide geotechnical services

  • Provide surveying services

  • Provide hydraulic engineering services unless specifically agreed in writing

  • Manage on-site trades or contractors

MBA coordinates technical pathways and engineered building systems. Construction responsibility remains with the Customer and their engaged contractors.

4. Products and Services

MBA supplies:

  • Shed Home systems (Class 1a)

  • Class 10a Shed Kits

  • Individual building components

  • Engineering coordination services

  • Energy efficiency coordination services

  • Architectural drafting coordination

  • Technical documentation

  • Structural building systems

  • Associated support services

Specific inclusions are governed by:

  • The formal quote

  • The BOM

  • The approved project documentation

  • Any written variation approved by MBA

5. Shed Home Process
5.1 Stage One – Preliminary Design & Pre-Lodgement

Stage One is designed to establish early project direction before major technical coordination begins.

Stage One may include:

  • Site plan

  • Preliminary design overview

  • Floor plan concepts

  • Elevations

  • Roof concepts

  • Preliminary renderings

  • Wind region review

  • Early feasibility coordination

  • Preliminary cost direction

  • Preliminary structural alignment

  • Basic project coordination

Stage One is intended to help customers:

  • Understand project feasibility

  • Prepare for engineering

  • Prepare for approvals

  • Understand likely project costs

  • Begin discussions with consultants or builders

Stage One is conceptual in nature and is not final construction documentation.

5.2 Stage Two – Engineering, Energy & Technical Coordination

Stage Two transforms the approved design direction into coordinated technical information.

Stage Two may include:

  • Structural engineering drawings

  • Foundation engineering

  • Framing engineering

  • Energy efficiency reports

  • Architectural drafting coordination

  • Technical coordination between consultants

  • Consolidated technical pack

  • Site-specific engineering adjustments

  • Final technical review prior to Stage Three

MBA may coordinate with independent third-party consultants during this process.

5.3 Stage Three – Kit Ordering, Manufacturing & Delivery

Stage Three coordinates:

  • Supplier ordering

  • Manufacturing scheduling

  • Material procurement

  • BOM generation

  • Delivery coordination

  • Freight sequencing

  • Component labelling

  • Kit consolidation

  • Delivery scheduling

  • Inspection and verification processes

Delivery dates remain estimates until suppliers and freight providers confirm scheduling.

6. Architectural Drafting Coordination

MBA may coordinate drafting pathways through independent architectural drafting providers.

The Customer acknowledges:

  • Architectural drafting may be completed by independent third parties

  • MBA coordinates the process but may not directly prepare the drafting work

  • Additional consultant requirements may arise depending on council or certifier requirements

  • Final working drawings may require further consultant input depending on the project and approval pathway

MBA does not guarantee:

  • Council approval

  • Certifier approval

  • Approval timeframes

  • Acceptance by third-party authorities

7. Custom Projects and Additional Services

MBA may, at its sole discretion, accept or decline:

  • Custom Shed Home projects

  • Custom Class 10a projects

  • Non-standard engineering requests

  • Additional technical documentation requests

  • Architectural variations

  • Additional drafting requests

Custom work:

  • Is priced separately

  • May require non-refundable deposits

  • May require extended timeframes

  • Is assessed individually

MBA reserves the right to decline projects that are:

  • Technically unsuitable

  • Commercially unviable

  • Outside operational scope

  • Inconsistent with engineering standards

8. Customer Responsibilities

The Customer is responsible for:

  • obtaining permits and approvals

  • obtaining soil testing

  • site preparation

  • site access

  • engaging builders and trades

  • foundation construction

  • compliance with local laws

  • utilities and services

  • builder coordination

  • construction supervision

  • certifier coordination

  • council submissions unless otherwise agreed

  • site safety

  • delivery access preparation

  • storage of materials after delivery

  • verification of delivered materials

The Customer must ensure:

  • delivery vehicles can safely access the site

  • adequate unloading equipment is available where required

  • the site is safe and suitable for delivery

  • accurate information is provided to MBA

  • all site conditions disclosed to MBA are accurate

The Customer is responsible for all costs associated with:

  • inaccessible sites

  • failed deliveries

  • unloading complications

  • delays caused by site conditions

  • incorrect information

  • re-delivery requirements

  • site access restrictions

  • crane or lifting requirements

  • weather exposure after delivery

The Customer acknowledges that MBA is not the builder and does not supervise construction works.

All construction works, installation methods, slab works, waterproofing, flashing installation, fit-out works, and final construction outcomes remain the responsibility of the Customer and their engaged contractors.

9. Site Conditions and Soil Tests

Engineering is based on:

  • soil tests

  • site information

  • wind region information

  • terrain classifications

  • customer-provided information

  • disclosed site conditions

MBA relies entirely on the accuracy of information supplied by the Customer and third-party consultants.

MBA is not responsible for:

  • inaccurate soil reports

  • undisclosed site conditions

  • uncompacted fill

  • drainage issues

  • environmental conditions

  • site movement

  • reactive soil movement

  • incorrect site preparation

  • retaining wall movement

  • water ingress caused by site conditions

  • construction deviations from engineering documentation

All foundation works must be completed by qualified and licensed professionals.

The Customer acknowledges that:

  • slab and footing systems rely on proper site preparation

  • deviations from engineering drawings may affect structural performance

  • soil movement may occur depending on classification and environmental conditions

  • cosmetic cracking may occur in reactive soil classifications and does not necessarily indicate structural failure

10. Payments
10.1 General

Payments must be made in accordance with the issued quote, invoice schedule, and approved project pathway.

MBA may require staged payments depending on the product, engineering complexity, manufacturing requirements, supplier coordination, or project type.

MBA is not required to commence:

  • design work

  • engineering coordination

  • consultant engagement

  • manufacturing coordination

  • supplier ordering

  • delivery scheduling

  • release of documentation

  • release of materials

until cleared funds are received.

10.2 Shed Homes
Stage One

Payment is required before Stage One work commences.

Stage Two

Payment is required before engineering, consultant engagement, drafting coordination, and technical coordination begins.

Stage Three

Final payments are required before:

  • manufacturing release

  • delivery scheduling

  • freight coordination

  • release of materials

  • final supplier confirmation

10.3 Class 10a Shed Kits

Typically structured as:

  • engineering/design payment

  • production payment

  • final delivery payment

10.4 Individual Components

Orders proceed after:

  • payment confirmation

  • supplier confirmation

  • availability confirmation

10.5 Pricing Adjustments

MBA may adjust pricing where:

  • supplier pricing changes

  • freight costs change

  • material shortages occur

  • force majeure events occur

  • regulatory changes occur

  • customer-requested changes occur

  • engineering revisions occur

  • logistics requirements change

Where material pricing changes occur before supply confirmation, MBA will notify the Customer before proceeding.

10.6 Late Payments

MBA may:

  • suspend work

  • delay delivery

  • pause coordination

  • withhold documentation

  • withhold release of materials

  • charge reasonable storage costs

  • charge reasonable administrative costs

until overdue amounts are paid.

10.7 Security Interest and Outstanding Payments

Until full payment is received:

  • ownership of supplied materials remains with MBA where legally permitted

  • MBA may withhold release of materials or documentation

  • MBA may suspend project progression

  • MBA may register a security interest under the Personal Property Securities Act 2009 (PPSA) where reasonably necessary

Where materials have already been manufactured, ordered, or delivered and payment remains outstanding, the Customer remains liable for:

  • outstanding balances

  • storage costs

  • recovery costs

  • legal costs reasonably incurred by MBA

  • debt collection costs

MBA reserves the right to pursue recovery of unpaid amounts through lawful recovery processes.

11. Refunds

Payments are generally non-refundable once work has commenced.

This includes:

  • Design work

  • Engineering work

  • Drafting coordination

  • Energy assessments

  • Supplier ordering

  • Manufacturing coordination

  • Material procurement

Where work has not commenced, MBA may provide refunds at its discretion.

Where supplier pricing materially changes before order confirmation and the Customer declines to proceed, MBA may refund amounts paid relating to undelivered products.

12. Technical Coordination and Engineering Philosophy

MBA operates using an engineering-first coordination approach.

This process is intended to:

  • Reduce redesigns

  • Improve technical coordination

  • Improve pricing accuracy

  • Improve buildability

  • Reduce downstream conflicts

  • Improve delivery coordination

  • Improve construction sequencing

The Customer acknowledges:

  • Early design decisions affect engineering and supplier coordination

  • Structural systems become increasingly coordinated as the project progresses

  • Late changes may significantly impact pricing, timelines, engineering, and manufacturing

13. Changes and Variations
13.1 Before Approval

Reasonable design refinements may be accommodated before engineering and technical coordination progress substantially.

13.2 After Preliminary Approval

After preliminary approvals or layout lock-in:

  • Additional drafting work may be required

  • Engineering impacts may occur

  • Supplier coordination impacts may occur

  • Additional fees may apply

  • Timeframes may change

13.3 After Engineering Sign-Off

Changes requested after engineering sign-off are considered significant.

These changes may require:

  • Engineering redraws

  • Revised calculations

  • Drafting revisions

  • BOM revisions

  • Supplier coordination changes

  • Revised pricing

  • Revised delivery timelines

MBA reserves the right to:

  • Approve or reject requested changes

  • Charge additional fees

  • Extend project timeframes

All approved changes are confirmed in writing before work proceeds.

14. Delivery, Logistics and Inspection
14.1 Delivery Coordination

MBA coordinates delivery with suppliers and freight providers.

Delivery dates are estimates until confirmed by suppliers and freight providers.

MBA is not responsible for delays caused by:

  • freight providers

  • weather events

  • manufacturing delays

  • supply chain issues

  • site access problems

  • third-party logistics providers

  • regional delivery constraints

  • transport scheduling limitations

14.2 Customer Delivery Responsibilities

The Customer must:

  • ensure suitable truck access

  • provide unloading equipment where required

  • ensure the site is safe and accessible

  • arrange suitable storage areas

  • inspect materials promptly after delivery

  • ensure semi-trailer access where required

  • ensure adequate turning and unloading areas exist

Additional lifting equipment, cranes, forklifts, telehandlers, or Hi-AB services may be required depending on the site.

These costs remain the responsibility of the Customer unless otherwise agreed in writing.

14.3 Delivery Verification

The Customer must:

  • inspect deliveries against the BOM

  • inspect visible materials for freight damage

  • photograph discrepancies or damage

  • notify MBA within 48 hours of visible issues

  • provide clear photographic evidence

  • reference affected BOM items where possible

Prompt reporting allows MBA to coordinate supplier resolutions efficiently.

MBA cannot guarantee efficient supplier resolution of issues reported outside the inspection period.

14.4 Material Handling

The Customer must not:

  • modify damaged materials

  • install visibly damaged materials

  • alter components under review

before MBA and/or suppliers review the issue.

14.5 Logistics Provider Responsibility

MBA coordinates logistics but is not the freight carrier.

Loss, delays, transport incidents, route restrictions, transport damage, or freight-provider operational issues may involve third-party logistics providers.

MBA will assist the Customer in coordinating communication and resolution pathways where reasonably possible.

15. Bill of Materials (BOM)

The BOM is proprietary intellectual property of MBA.

The BOM is provided:

  • For delivery verification

  • For assembly coordination

  • For construction purposes relating to the approved project

The Customer must not:

  • Distribute the BOM commercially

  • Reproduce the BOM for competing purposes

  • Use the BOM for independent reproduction of MBA systems

The BOM may be provided after engineering coordination and prior to final supply stages.

16. Product Substitutions

MBA may substitute materials where necessary due to:

  • Supply shortages

  • Product discontinuation

  • Manufacturer changes

  • Regulatory changes

  • Availability issues

Substituted products will generally meet or exceed equivalent performance requirements.

Where substitutions materially affect cost or functionality, MBA will notify the Customer.

17. Warranties

Manufacturer warranties apply to supplied products and materials.

MBA facilitates communication with manufacturers regarding warranty claims but is not the manufacturer.

MBA does not warrant:

  • Construction workmanship

  • Builder performance

  • Site preparation

  • Contractor work

  • Council approvals

  • Certifier outcomes

  • Third-party consultant services

The Customer must report visible material issues within the required inspection timeframe.

18. Limitation of Liability

To the maximum extent permitted by law:

  • MBA's liability is limited to the amount paid for the relevant products or services

  • MBA is not liable for indirect or consequential loss

  • MBA is not liable for delays caused by third parties or external events

  • MBA is not liable for site-specific conditions outside disclosed information

  • MBA is not liable for builder or contractor errors

  • MBA is not liable for approval delays or council decisions

  • MBA is not liable for construction workmanship

  • MBA is not liable for project delays caused by third-party consultants, certifiers, builders, suppliers, or freight providers

MBA supplies engineered systems, technical coordination, documentation, and materials.

MBA does not control:

  • construction methods

  • builder competency

  • contractor workmanship

  • site supervision

  • council decision-making

  • certifier decisions

  • weather events

  • customer site management

The Customer indemnifies MBA against claims arising from:

  • improper construction practices

  • deviation from engineering documentation

  • site safety failures

  • contractor negligence

  • inaccurate site information

  • misuse of supplied materials

  • unauthorised design modifications

Nothing in these Terms excludes rights that cannot legally be excluded under Australian Consumer Law.

19. Construction Issues and Exclusions

MBA is not responsible for:

  • Gyprock cracking

  • Slab movement

  • Foundation issues caused by site conditions

  • Construction defects caused by builders

  • Improper assembly

  • Moisture issues caused by incorrect installation

  • Environmental impacts caused by construction practices

  • Weather-related site damage after delivery

Minor cosmetic cracking in reactive soils may occur and does not necessarily constitute structural failure.

20. Intellectual Property

All intellectual property supplied by MBA remains the property of MBA.

This includes:

  • engineering drawings

  • designs

  • renderings

  • 3D models

  • BOMs

  • coordination systems

  • drafting systems

  • technical documentation

  • structural systems

  • proprietary workflows

Customers receive a limited licence to use the materials solely for the approved project.

Customers must not:

  • reproduce MBA systems commercially

  • resell MBA documentation

  • use MBA documentation for competing products

  • reverse engineer MBA systems

  • distribute BOMs for independent supplier replication

  • reproduce MBA's coordinated building systems outside the approved project

The Customer may share documentation with:

  • builders

  • certifiers

  • architects

  • engineers

  • consultants

  • trades

strictly for purposes directly relating to the approved project.

MBA reserves the right to revoke access to documentation where payments remain outstanding.

Unauthorised commercial use, reproduction, or distribution of MBA intellectual property may result in legal action.

21. Confidentiality

Customers must keep confidential:

  • Pricing structures

  • Technical systems

  • Supplier arrangements

  • Engineering systems

  • Proprietary documentation

Confidential information may be shared only with consultants, certifiers, builders, and trades directly involved in the approved project.

22. Health and Safety

The Customer is responsible for:

  • Site safety

  • Construction safety

  • Contractor safety

  • Delivery unloading safety

  • Compliance with WHS obligations

MBA does not supervise construction activities.

23. Insurance

The Customer is strongly encouraged to maintain:

  • Public liability insurance

  • Builders insurance

  • Transit insurance where appropriate

  • Construction insurance

MBA's insurance does not extend to the Customer's construction activities or site risks.

24. Force Majeure

MBA is not liable for delays or failures caused by events outside reasonable control, including:

  • Natural disasters

  • Severe weather

  • Supply shortages

  • Freight disruptions

  • Industrial actions

  • Government restrictions

  • Pandemics

  • Material shortages

Project timelines may be extended accordingly.

25. Termination

MBA may terminate or suspend services where:

  • Payments remain unpaid

  • The Customer breaches these Terms

  • Fraudulent or misleading information is provided

  • Confidential information is misused

  • Abusive or defamatory conduct occurs

The Customer may request termination before work commences.

Amounts relating to completed work, consultant costs, supplier orders, engineering, drafting, and commenced services remain payable.

26. Dispute Resolution

The parties agree to attempt good-faith negotiation before formal proceedings.

If unresolved:

  1. Negotiation

  2. Mediation

  3. Arbitration or court proceedings where necessary

Disputes are governed by Queensland law.

27. Governing Law

These Terms are governed by the laws of Queensland, Australia.

28. Entire Agreement

These Terms, together with:

  • The approved quote

  • Approved variations

  • Invoices

  • Project documentation

  • MBA-issued written correspondence

form the entire agreement between MBA and the Customer.

29. Contact

For all enquiries:

Modular Buildings Australia Pty Ltd
admin@modularbuildingsaustralia.com.au