Version: 1.20 (March 2021)
Interpretation, Definitions & Glossary
“Delivery” means the delivery of the Products and/or Services.
“Products” means products offered to by Us as defined by the offer made to you in your Order.
“GST” and” GST Law” have the meaning as set out in the A New Tax System (Products and Services Tax) Act 1999 (Cth).
“Intellectual Property Rights” means all forms of intellectual property rights in the Products or Services (whether registered or unregistered) in copyright, designs, patents, trademarks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
“Invoice” unless otherwise agreed means the invoice issued upon the Order of the Products and/or Services specified in Your Order.
“Order” means an Order for Products and/or Services received by Us in writing or otherwise, or by way of accepting a Quote in writing or otherwise.
“Payment” means payment of any amount owing by You to Us relating to Products or Services in accordance with these Terms and Conditions.
“Price” means the Price We Quote to You for Products and/or Services.
“Quote” means a quotation by Us for the supply by Us of particular Products and/or Services.
“Services” means services rendered by Us as defined by the offer made to you in your Order.
“We” or “Us” means Tiny Blox Pty Ltd ACN 627 786 618
“You” or “Your” means the Customer.
We at Tiny Blox Pty Ltd ACN 627 786 618 (http:www.tinyblox.com.au), are creators and design innovators of market leading buildings and related products (“Products”) and as part of making available our Products we deliver or arrange Services including design customisation, determining if your property is suitable to allow our Products to be placed on your property, managing local authority approvals, managing delivery, erection and construction and after sales service (“Services”).
These terms and conditions (“Terms and Conditions”) apply to the supply of all Products and Services by Us to You and You are deemed to accept these Terms and Conditions on the first to occur of: –
- You submit an order for any Product or Service; or
- You accept delivery of any Product or Service; or
- You make payment or partial payment for any Product or Service.
It is Your responsibility to make sure the Products are Used in accordance with all legal requirements and standards as required by local authorities, development standards, building codes of Australia and other applicable laws.
You acknowledge that all Products are designed and manufactured utilising proprietary products commonly available and that each have warranties (if any) from the manufacturer.
Where You install the Product, yourself, or installed by someone you have contracted, You take full responsibility and we have no liability for the manner in which You have installed the Product.
Where the product is installed by a licensed builder and/or licensed contractors, we also have no liability for the manner in which the Product has been installed, regardless of whether we facilitated or introduced the licensed installers to you.
Quotes and Orders
- You can request a Quote from Us for Products or Services. According to Our standard process, Quotes will generally be provided following the completion of the ‘Get Started’ Deposit.
- Any Quote provided by Us will include the price and any additional terms and conditions.
- Quotes may include additional service charges and loadings that may be payable throughout the Consultants, Certification, Order and Supply process. Wherever possible these amounts will be fixed pricing, however we reserve the right to provide estimates and/or vary these amounts if the exact cost is unascertainable at the time of Quoting. Variable amounts include but are not limited to:
- Consultant Travel Charges
- Council reports, documentation and levies
- Excess Freight Costs
- Additional building upgrades determined by the Energy Report and/or other specialist reports
- A Quote issued by Us is valid for 30 days.
- We reserve the right to withdraw a Quote at any time before You place an Order.
- If a Quote is acceptable to You, You may place an Order. An Order is deemed to be placed when you accept the Quote in writing or click ‘Accept Quote’ and/or ‘Place Order’ buttons that may be found in digital quotes supplied to you.
- An Order is not binding on Us for supply until we have received full payment for the order.
- Where a Product or Service has standardised pricing, You may be referred to the advertised pricing in lieu of a Quote.
- The price for the Products and Services will be the price We Quote to You and that is paid by You to Us.
- We reserve the right to vary the Price at any time prior to You paying for Your Order.
We will issue You an invoice for Products and Services when You place an Order or accept a Quote.
All payments are to be made to Us by direct deposit to the bank account nominated by Us or as otherwise indicated in writing.
Payment for ‘Get Started’ Deposit is due and payable prior to the commencement of work. Work will commence only after payment has been received in full.
Payment for Tiny Blox Material Supply are taken on the following standard payment schedule:
- At the time of Order: 30% of kit value + Consultants fees and any other miscellaneous fees as stated in your Quote
- At the completion of Consultants Work & Reports (prior to engineering): 35% of kit value + Certification fees
- At the receipt of Building Approval (Building Certification) and prior to manufacture and supply: 35% of kit value.
Where You are engaging 3rd party contractors and/or licensed builders to install the Product, you will be required to pay for these services directly, and liaise directly with the contractor. Tiny Blox will generally not act as an intermediary between You and 3rd party contractors and/or licensed builders.
Freight, Delivery, Risk and Insurance
Unless specified otherwise by Us, We will arrange and manage delivery of all Products to You and We will make all reasonable endeavours to ensure the Products are delivered and the Services commence within the estimated timeframe provided to you by Us.
Any delivery dates we provide to You are indicative only and You agree that we shall not be responsible for any delivery delays.
Delivery of Products shall be made in a format appropriate to that particular Product as specified by Us. In most cases, products will be delivered from each individual component supplier or manufacturer. We and/or the component supplier or manufacturer reserve the right to select the freight carrier for delivery, and more than one freight carrier may be used to fulfil your entire order delivery.
Delivery of Products shall be made to the place specified by You and: –
- We may require payment from You for the cost of Delivery which must be paid prior to delivering the Product. These delivery and shipping charges will be outlined in the quote provided to you after you’ve completed the ‘Get Started’ Deposit.
- You will be responsible for creating suitable access and an appropriate space for delivery.
- Where You have not provided suitable access and a suitable space Products may be unloaded to an alternative point at the delivery property.
- If You fail to create an appropriate space for delivery of the Products at Your premises and the Products cannot be unloaded and have to be returned to the suppliers’ warehouse, You will be liable for any additional transport expenses and storage costs.
- The freight company will not store Your ordered Products for more than 4 weeks and we reserve the right to resell Your Products after the 4-week period without accounting to you.
- You must sign for receipt of any Order upon delivery.
We reserve the right to make deliveries in instalments and these terms and conditions shall be severable to apply to each instalment.
Risk and liability of any loss and/or damages of the Products pass on to You at the time of Delivery and You accept all responsibility for the Products henceforth.
Cancellation and Refunds Policy – Kit Orders
We have the right to cancel any Order for any Product or Service prior to Payment and if We refund the Payment. Products and Services involve stages of work to be completed and may incur payments at those stages as determined by our standard payment schedules as defined by these Terms.
Where Your Order has commenced a stage of work but not yet completed the stage of work, you may cancel Your Order. If you choose to cancel, you will no longer be liable for the payment outstanding invoices associated with Your Order from the point of cancellation.
You will be charged at a pro-rata rate for any partial works completed. Refund requests for Kit Orders made prior to the manufacturing of the kit materials will be refunded minus an administrative fee of 35% of total amount paid. Once you have paid your final invoice for kit materials to be manufactured, you will no longer be entitled to a refund of any kind.
Cancellation and Refunds Policy
By completing the ‘Get Started’ deposit, You acknowledge that you have read and accept all terms and conditions which are located on our website.
Following the completion of the purchase, if you change your mind and do not wish to proceed with your ‘Get Started’ Deposit, You acknowledge and accept that you will only be entitled to a refund up until the moment you receive Initial Contact from your Client Manager, which may be in the form of either a phone call, email or SMS.
If Initial Contact is made by phone, the phone call will be recorded as evidence of the Initial Contact event occurring. If the Initial Contact is in the form of an email or SMS, delivery of either of these forms of contact will be deemed to be satisfied at the point of sending from the Tiny Blox email or SMS server(s). Tiny Blox assumes no responsibility for failure of delivery of the Initial Contact email or SMS where incorrect email or phone information has been entered or errors have been encountered within the customers email/mobile network/system.
Once you have received initial contact from your Client Manager, work will be deemed to have commenced and you will no longer be entitled to a refund of any kind.
Local Authority Approval and Due Diligence Reports
Some of the Products offered by Us will require local authority approvals for Delivery and erection to be completed.
Tiny Blox offers Services relating to arranging such approval referred to as Due Diligence Report.
Due Diligence Reports are not a planning permit or a building permit. They are a professional assessment of your eligibility to install the Products offered by Us and include assessments for the proposed Products only at the proposed premises as indicated by You. We provide no guarantee nor any warranties for the outcomes of our assessment.
Where you have placed an Order for these Services, We may recommend, or contract third parties at our discretion. By making an Order for these Services you give Us permission to engage third parties for the purpose of completing your Order as required and determined by Us.
Where third parties have been engaged by Us on Your behalf, we will compensate those third parties on your behalf unless expressed otherwise to you in writing.
Services in relation to town planning reports and local authority approvals may be provided by third parties not recommended or engaged by us and You may be required to enter into agreements with those third parties. You will be required to pay those third parties in addition to any Payments made to Us.
You will make Your own assessment of the accessibility and expertise of a third party and will not rely on our skill or judgement when selecting any service from a third party whether recommended, engaged or contracted by Us, or arranged independently of Us.
We have no liability or responsibility for any performance of any third party although We will utilise our best endeavours to select the most appropriate and skilled third party and to ensure they carry out their responsibilities.
You will not rely on any information provided by Us either verbally or in writing regarding the suitability or appropriateness, necessities for or the effect of any approvals required from local authorities.
Erection and Installation
Our Products will either be erected and installed by You, or by third parties arranged by You or by third parties recommended by Us.
It may be necessary for You to enter into erection and installation agreements with third parties either selected by You or recommended by Us.
You will make Your own assessment of the suitability and expertise of a third party and You will not rely on our skill or judgement when engaging a service from a third-party including erection and installation.
We have no liability or responsibility for erection and installation by You, a third party engaged by You or a third party recommended by Us.
We will utilise our best endeavours to recommend third parties that will erect and install the Products to the highest standards and that are reputable and that are highly skilled.
Defects and Warranties
We utilise proprietary building Products in the manufacturing of our Products and any warranties for building Products if any, will be provided by the manufacturer and supplier of those Products, which We will pass to You.
If there is any defect in any of the Products, We Supply, We will utilise our best endeavours to arrange replacement of those Products.
You should inspect the Products immediately once they are delivered and advise Us immediately if there are any defects and if any Products require replacement by any third-party suppliers, we shall arrange replacement as quickly as reasonably possible.
In addition to the limitations of our liability and indemnification terms stipulated by the relevant clauses in these Terms, Tiny Blox Pty Ltd assumes no responsibility for, and deems warranties void in, the following circumstances, events and incidences :
- Loss or damage to any Product caused by factors beyond our control.
- Any unpacked Products that may not have been stored in a properly ventilated room or if outside not protected from the sun, UV, rain or exposed to other elements.
- Any Products that may have been unpacked or kept in an unprotected environment or exposed to the elements that may have caused damage.
- Damage caused by returning Products not in the original package and not packed and wrapped appropriately.
- Any Products that have not been installed or maintained in accordance to maintenance or care instructions.
- Any alterations or repair to Products not performed without our recommendations.
- Damage or defects caused to the Products due to misuse, unusual and not recommended or negligent Use.
- Damage caused by excessive wind or other environmental factors.
- Damage due to normal wear and tear.
- Vermin, excessive weather conditions, force majeure events, loss of damage beyond our control, installation and/or maintenance, not in accordance with Our instructions.
- Natural wear and tear.
- Any natural behaviour of timber or other natural Products.
Intellectual Property and Confidentiality
Everything associated with the production, development and supply of our Products and Services, including drawings, illustrations, specifications and other literature remains Our property and shall not be transferred, signed, licensed, reproduced, disclosed or otherwise given to any other person, or otherwise utilised or exploited by You without our written consent.
Any advice we provide you regarding a due diligence report, specialist report(s) or local authority approvals, ourselves, or by third parties, is Your property.
At all times, You agree to maintain strict confidentiality on any details of Intellectual Property or any information which may reasonably be considered confidential information, which may not already be available in the public domain or accessible from other sources outside Your direct dealings with Us.
All prices we Quote with respect to a taxable supply are inclusive of GST unless stated otherwise.
Any applicable taxes including GST will be referenced clearly in the Invoice for your Order
You agree to indemnify and to keep Us indemnified in respect of:
- Any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs:-
- That we may incur as a result of Your breach or alleged breach of these terms and conditions.
- That you may incur to the extent caused by or arising out of or relating to the work completed by Us
- That you may incur as a result of any work undertaken for you in connection with your Order by any third party.
Our liabilities are limited to only those stipulated in these Terms and those to which we have committed via warranties detailed in these terms and conditions.
We may without notice to You assign, transfer or subcontract our rights and obligations (in whole or in part) under these terms and conditions. You may not assign, transfer or holder on trust or otherwise delegate any of Your rights or obligations under these terms and conditions without our prior written consent.
These terms and conditions bind our successor, administrators and permitted assigns and Your executors and permitted assigns or being a company its successors, administrators and permitted assigns.
These Terms supersede and replace all prior Terms, communications and understandings between You and Tiny Blox Pty Ltd, unless expressly stipulated in writing and agreed to by both parties.
We may update and change these terms from time to time. In the event that these terms are changed, We may or may not notify you. Arrangements made under previous Terms will remain under those Terms unless we provide you with a notice of change. Any new work completed for you will be subject to the most current set of Terms outlined on this page.
These terms and conditions shall be governed by the laws of Queensland and the parties irrevocable submit to the nonexclusive jurisdictions of the Courts of Queensland.