Terms and Conditions of Sale
- In these conditions:
i. “Seller” or “Supplier” means Matkad Pty Ltd [ABN 84 655 066 658] trading as Cabin Life
ii. “Customer” or “Purchaser” means the purchaser of the goods specified in the Order Form
“Goods” means products sold by the Seller to the Customer pursuant to the Order Form and these Terms & Conditions of Sale
“Services” means services provided by the Seller to the Customer pursuant to the Order Form and these Terms and Conditions of Sale
“Order Form” means a form setting out the goods and services to be provided by the Seller to the Customer – the accepted cost of such goods and services (incl GST) and ancillary details as to freight and delivery estimate – as agreed by the Customer.
2. These Terms & Conditions of Sale set out all of the terms and conditions relating to the purchase of Goods and Services by the Customer from the Seller. These Terms & Conditions of Sale can only be amended or waived in writing signed by the Seller.
3. By placing an Order on the approved Order form to buy Goods and Services from the Seller, the Customer shall be deemed to have agreed to be bound by these Terms & Conditions of Sale.
Terms of sale
4. The Goods sold and the Services provided by the Seller are sold strictly on these Terms & Conditions of Sale.
5. Unless previously withdrawn, the Seller’s quotation of the purchase price for the Goods is open for acceptance within the period stated in the quotation or, where no period is stated, within thirty (30) days only of the quotation date. The Seller reserves the right to refuse any Order based on a quotation which was made in excess of thirty (30) days from the date of the Customer’s Order.
6. The quotation of purchase price for the sale of Goods and provision of Services will comprise the cabin kit price + extras (insulation, extra flooring, etc) instructional material, freight and delivery costs (unless otherwise excluded).
7. To confirm an Order, the Seller requires the payment to it of a deposit being fifty percent (50%) of the cabin kit price only – being the cabin kit price set by the Seller as stated on the Order.
8. The balance of purchase price – comprising the additional 50% of the cabin price outstanding + extras + delivery costs are payable by the Customer prior to delivery. No delivery will occur unless the balance of purchase price is paid.
9. Orders which are received quoting an incorrect price will not be processed until they have been resubmitted with the correct price.
10. Before placing an order the Customer should make enquiry of its local council or equivalent regulatory authority to determine whether council/authority approval is required to erection of the cabin kit. At no time shall the Seller be held responsible for the construction of a Cabin which is not deemed to be a legal dwelling and the Customer releases the Seller from all liability in this regard. The Customer warrants to the Seller that prior to making a Deposit it has satisfied itself that construction of a Cabin on its designated site meets all legal requirements and approvals and holds harmless the Seller in this regard.
11. Although the Seller aims to keep the Cabin Life website as up to date as possible, the information contained on it, including product descriptions and pricing, may vary from time to time and may not always reflect the current at the moment a Customer places an Order. As such all Order forms must be completed in full and signed by you to ensure customer satisfaction and confirmation.
12. The Customer is entitled to cancel an Order within two (2) days of payment of a deposit, by sending written notice to the Seller by email to the Seller’s email address noted on the Cabin Life website. In this event the Customer shall be entitled to a refund of monies paid less any administration or other costs. A valid email receipt notice will be evidence that the Customer’s cancellation notice has been received by the Seller.
13. To the extent permitted by law, the deposit payable herein is non-refundable – subject to clause 12 hereof – and further subject to the Seller being fully ready willing and able to deliver the Goods to the Customer as ordered.
Availability of stock
14. Delivery at any time is subject to availability of stock. The Customer waives any claims arising from unavailability or shortage of stock and delay in delivery.
15. All Goods are packed in a manner which the Seller’s experience has shown to be the most convenient and reasonable for delivery.
16. The delivery times made known to the Customer are estimates only and the Seller is not liable for late delivery or non-delivery.
17. Delivery charges vary according to the delivery area. The estimated time for delivery is calculated when a Customer places an order. The Seller will endeavour to deliver items within the estimated time schedule, however delays are occasionally inevitable due to unforeseen factors. The Seller shall be under no liability for any delay or failure to deliver the goods within the estimated time schedule.
18. The Seller is not liable for any loss, damage or delay occasioned to the Customer or its customers arising from late or non-delivery. The Customer indemnifies the Seller in respect to any claim made against the Seller by a customer of the Customer arising out of loss or damage occasioned by late or non-delivery.
19. Cabin parts are numbered and the Seller warrants that all Cabin components will be supplied on the day of delivery.
Guarantee and Warranties
20. Except as provided in these conditions and otherwise as permitted by law (including without limitation the Competition and Consumer Act 2010), all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. To the extent permitted in the Competition and Consumer Act 2010 the Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly installation or operation of the Goods.
21. The Seller’s liability for a breach of a condition or warranty implied by Part 3-2 Division 1 of the Competition and Consumer Act 2010 (“other than section 69) is limited to any one or more of the following:
- 17.1 the replacement of the goods or the supply of equivalent goods;
- 17.2 the repair of the goods;
- 17.3 the payment of the costs of replacing the goods or of acquiring equivalent goods;
- 17.4 the payment of the costs of having the goods replaced.
22. The Seller takes all reasonable care in the preparation of the content of the Cabin Life website, in particular to ensure that details, descriptions and prices of products on Cabin Life’s website are correct at time of publishing and all products have been fairly described.
23. All sizes quoted on the Cabin Life website are approximate and can vary between cabins and thickness of timber. The Seller shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the website.
24. Unless otherwise stated all prices quoted by the Seller are inclusive of goods and services tax (“GST”).
25. Prices quoted are those applying at the date of issue of quotation and are based upon rates of freight, insurance duties, exchange, shipping expense, sorting and stacking charges, cartage, warranty and other charges affecting the ruling on the date it is made.
26. A payment representing 50% of the amount payable for the provision of the Goods and Services is required when making an Order. The balance of purchase price is payable prior to delivery of the Goods. The balance of purchase price in relation to the goods and services being provided must be paid on or before the date of delivery of the goods and supply of services unless other terms of payments are expressly agreed to between the Seller and the Customer.
27. The Seller reserves the right to charge interest on overdue accounts at the rate which is equivalent to two percent (2%) over such rates as shall be charged from time to time to the Seller by its banker for overdraft accommodation.
28. The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs on an indemnity basis incurred by the Seller for enforcement of obligations and recovery of moneys due from the Customer to the Seller.
29. If the Customer has not made payment of the balance of purchase price within thirty (30) days of the estimated date of delivery and the Seller is ready and willing to make delivery of the goods, the Seller reserves the right to forfeit the Deposit and to commence recovery action for the balance of the Purchase Price and any consequential loss or damage occasioned by the failure of the Customer to complete the contract. The Sell reserves the right to cancel the Order, at its discretion, and re sell the Goods, in the event that the Customer does not pay the balance of the purchase price within thirty (30) days of the estimated date of delivery provided that the Seller is ready and willing to make delivery of the goods.
Retention of Title
29. Retention of title
29.1 Ownership of goods remains with the Seller:
Ownership of, or title in, the goods will not pass to the Customer until the Customer has paid to the Seller the full invoiced price for all Goods.
29.2 Continuing security:
The Customer agrees with the Seller that they will treat the security interest in the Goods as a continuing and subsisting security with priority over a registered general security and any unsecured creditors.
30. The Seller is not under any duty to accept Goods returned by the Customer and will do so only upon terms to be agreed in writing in each individual case.
31. If the Seller agrees to accept returned Goods from the Customer, the Customer must return the Goods to the Seller at the Seller’s place of business as notified from time to time.
32. The Seller will not accept Goods returned without having first received the Seller’s approval to the return in writing. All returned goods are to be accompanied by the written approval to return Goods.
33. All Goods returned must be of merchantable and re saleable quality such that the Goods are complete in their original packaging, are not price ticketed and are still in the current price list.
34. All returned Goods must be accompanied by the invoice number against which the Goods were initially supplied. Agreed returns will be credited at the original purchase price less any subsequent price adjustment if applicable.
35. Any Goods which are returned to the Seller without written approval to return Goods will be returned to the Customer at the Customer’s costs.
36. For all warranty claims please phone our customer service centre on 0434 705 469.
37. No order or parts of an order may be cancelled except with the Seller’s consent in writing and on terms which will indemnify the Seller against all losses. No cancellations will be accepted for Goods which are regular stock, which are in the process of manufacture or ready for shipment.
38. These Terms & Conditions of Sale shall be governed and interpreted according to the law of New South Wales and the Customer and the Seller hereby agree to submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales in Sydney
39. Any provision of these Terms & Conditions of Sale which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provision of these terms and conditions of sale or affecting the validity of enforceability of that provision in any other jurisdiction.
Personal Property Securities Act
- PPSA means the Personal Property Securities Act 2009 (Cth) as amended from time to time:
- A term used in this clause (23) has the same meaning as in the PPSA.
In consideration of the Seller supplying the goods to the Customer at the request of the Customer, the customer by signing or otherwise providing consent that they agree with these Conditions of Sale hereby agrees:
- to grant to the Seller at the Seller’s discretion a security interest or purchase money security interest (PMSI) in the goods;
- that any goods or proceeds of sale in the goods coming into existence after the date of these Conditions of Sale will come into existence subject to:
A. the security interest or PMSI granted in these Conditions of Sale; and
B. the terms of these Conditions of Sale;
without the need for any further action or agreement by any party;
- that the Customer has received valuable consideration from the Seller and that is sufficient; and
- that the security interest or PMSI has attached or will attach to all Goods
supplied now or in the future to the Customer when the customer takes possession of the goods and that the attachment of the security interest or PMSI has not in any way been deferred or postponed from the date of these Conditions of Sale.
40.2 Customer to take all steps:
The Seller may by notice to the Customer at any time require the Customer to take all steps that the Seller considers necessary or desirable to:
- Ensure that these Conditions of Sale or any security interest or PMSI arising under them, are enforceable against the customer or any third party; and
- Protect, perfect, record, or better secure the position of the Seller under these Conditions of Sale as a first ranking security.
40.3 Registration and notices:
- The Seller reserves the right to register a financing statement in respect of any goods supplied by the Seller to the Customer under these Conditions of Sale [and in respect of which credit has been extended by the Seller to the Customer].
- The cost and expense of registering a financing statement or a financing change statement is to be paid by the Customer and may, where applicable, be debited against the Customer’s credit account with the Seller.
Waives the right to receive a copy of any notice, verification statement confirming registration of a financing statement or a financing change statement relating to the security interest or PMSI under these Conditions of Sale, unless the notice or statement is required by law and cannot be excluded; and agrees to comply with any notice from the Seller under this clause (9) at its cost and expense.
40.4 The Customer agrees:
- Not to allow any person to register a financing statement over any of the Goods supplied by the Seller without prior written consent of the Seller; and
- That it must immediately notify the Seller if it becomes aware of any person taking steps to register a financing statement in relation to the Goods.
40.5 The Customer agrees to perfect and maintain any security interest or PMSI that it may have in the Goods under the PPSA.
40.6 No accessions or commingling of goods:
The Customer must not allow the goods to become accessions or commingled with other goods unless the Seller has first perfected any security interest or PMSI that the Seller has in relation to the goods.
If the Seller perfects any security interest or PMSI that the Seller has in relation to the goods, the Customer must not do anything that could materially adversely affect:
40.8 The Seller’s business; or in the opinion of the Seller, the Seller’s security position under these Terms & Conditions of Sale.
40.9 Right of entry:
The Customer irrevocably grants to the Seller the right to enter on the Customer’s property or premises, without notice, and without being in any way liable to the Customer or to any third party, if the Seller has cause to exercise any of the Seller’s rights under section 110 of the PPSA, and the Customer indemnifies the Seller from any claims made by any third party as a result of the exercise.
40.10 Contracting out of enforcement provisions:
If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising out of these Conditions of Sale, the Seller and the Customer agree that in accordance with section 115 of the PPSA, the following sections do not apply to the enforcement of that security interest; section 95, 121(4) and 130.
40.11 Payments made in respect of the goods:
Despite any statement to the contrary by the Customer, every payment to the Seller in respect of the Goods must be taken as a payment:
- First, of the amounts held by the Customer in trust or subject to a security interest, to the extent that the security interest is not a PMSI;
- Secondly, of amounts subject to a security interest, to the extent that it is a PMSI;
- Thirdly, for any Goods that the Customer has sold but for which it has not received the proceeds; and
- Fourthly, for whatever Goods the Customer has not sold as the Seller elects.
The Seller and the Customer may not disclose any information of a kind referred to section 275(1) that is not in the public domain.
40.13 If Customer becomes insolvent:
If the Customer becomes insolvent, without prejudice to any other rights of the Seller:
- The Customer’s right to sell the Goods in the ordinary course of business in accordance with the PPSA and any other rights of the Customer in respect of the Goods immediately cease; and
- The Customer must immediately return to the Seller the goods in which title has not passed as provided for under this clause.