Definitions
“Agreement” means these Terms of Sale.
1.2 ‘Goods’ shall mean all goods, including cabins, or services
provided by us to you and shall include, without limitation, or any fee or charge associated with the
supply of goods by us to you.
1.3 ‘Price’ shall mean the cost of the Goods as agreed between us and
you subject to clause 3 of this Agreement.
1.4 ‘Shed’ means any building, structure, garden shed,
studio, sleep-out work-shed, or similar structure.
1.5 ‘We’, ‘Us’ and ‘Our’ shall mean Master Cabins
and its agents and employees.
1.6 ‘You’ shall mean the customer, its agents and employees, or any
person acting on behalf of and with the authority of the customer, or any person purchasing Goods from
us.
Acceptance
2.1 Any instructions or order received by us from you for the supply of Goods shall constitute acceptance
of this Agreement.
2.2 The terms set out in any email or letter override this Agreement if there is
any inconsistency between them.
2.3 All Goods ordered by you and accepted by us are subject to the
availability of the Goods. If Goods are not available for any reason either you or we may cancel your
order and all monies paid, if any, will be immediately refunded without any further claim by either
party.
Price
3.1 Where no price is stated in writing or agreed to orally the Goods shall be supplied at our standard
rate as at the date of supply. Any price stated in quotation will be valid for 30 days from the date of
the quotation.
3.2 The Price may be increased by the amount of any reasonable increase in the cost of
supply of the Goods that is beyond our control between the date of the contract and the date of the
supply of the Goods.
3.3 Any published prices on our literature or websites are indicative only and
are not an offer to supply capable of being accepted.
3.4 Unless stated otherwise, all prices include
GST.
Payment
4.1 You must pay the purchase price of the Goods in full in cleared funds before delivery unless being
installed by our installer
4.2 Custom goods must be paid for in full in cleared funds before
manufacture begins.
4.3 50% of assembly fees and any extra materials required must be paid in cleared
funds before the assembler arrives on site.
4.4 The remaining 50% of assembly fees and materials is
to be paid on completion of assembly and installation of the Goods.
4.5 Interest may be charged on
any amount owing after its due date at the rate of 1% per month or part month.
4.6 Should you fail to
pay any amount due to us by its due date, then you shall pay all of our costs and expenses (including
legal costs) which may be incurred in the recovery or attempted recovery of overdue amounts from
you.
4.7 If your account is in default, we may cease to supply you with any further Goods until the
default is remedied.
4.8 Prior to the manufacture of Goods, we may require a deposit from you. If we
do, we may withhold any Goods and manufacturing until the deposit has been paid.
4.9 For
installed cabins: Our standard payment terms are 50% deposit, 30% when installer arrives onsite, 20% on
completion
Cancellation
5.1 Cancellation of an order may incur a fee at our discretion, plus any freight charges to return the
Goods to the manufacturer and any costs arising from damage to the Goods during transit.
5.2 Once
goods are delivered, delivery fees for cancelled orders are not refundable.
5.3 Custom orders for
Goods cannot be cancelled. Any cancelation of custom Goods may incur charges at our discretion.
Ownership and Risk
6.1 Ownership of Goods remains with us until payment is made in full for the Goods.
6.2 We supply the
Goods to you on the basis that we have a purchase money security interest (as defined in the Personal
Property Securities Act 1999) in the Goods.
6.3 If payment for the Goods is overdue in whole or in
part we may repossess and resell or retain the Goods and may for that purpose enter upon your premises
or any other premises upon which the Goods are situated at any time and without notice and without being
in any way liable to you or any other person or entity.
6.4 If you dispose of any of the Goods before
payment is made in full, you shall hold the proceeds of sale in trust for us.
6.5 The risk of any
loss or damage to any Goods sold, or deterioration of the Goods, due to any cause whatsoever shall pass
to you upon delivery of the Goods. If the Goods remain on our premises owing only to the failure of you
to accept the Goods or at your request, such Goods shall be at your risk.