Terms and Conditions

SALES TERMS AND CONDITIONS

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1) Prices

Eastern Nomad Buildings Pty Ltd's ('ENB') quoted prices are valid only for the period stated on the quotation. Where a quotation is accepted after the end of the quotation period or delivery of the building is delayed by factors beyond the control of ENB for more than thirty (30) days from the acceptance date, ENB reserves the right to review pricing at its sole discretion.

2) Warranty

New Products
New Products - ENB's new products are covered by a twelve month warranty against defective materials and workmanship, provided that all the terms and conditions of the sale, including payment terms, are met by the Purchaser. Any repairs, modifications or additional work carried out without the written approval of ENB will void the warranty. ENB will not accept any liability for such work. Any new appliances, equipment and accessories purchased by ENB and incorporated into equipment supplied by ENB or delivered separately will be subject to any warranty provided by the original equipment manufacturer.

Pre-owned products
Pre-owned buildings, appliances, equipment and accessories are not covered by any warranty and are sold strictly on the basis of condition as inspected by the Purchaser.

3) Payment Terms

A 20% non-refundable deposit is required with order. Except where deferred payment terms have been agreed, the remaining balance payable (including delivery charges and installation where applicable) must occur prior to product dispatch or within four weeks from deposit payment.

All payments are to be paid by bank cheque, cash or cleared funds.

If deferred payment terms are agreed, the Purchaser must make payments in accordance with the agreed payment schedule. If a payment is not received by ENB within seven (7) days of a scheduled payment date or if the Purchaser makes an assignment for the benefit of Creditors or takes the benefit of any Act for the relief of Bankrupts or Insolvents, ENB or its authorized representatives shall retake possession of the product(s) and for that purpose enter into or upon any premises where the product(s) are located and in this respect the Purchaser shall indemnify ENB against any claim or demand made by any third party arising as a consequence of such entry. The Purchaser shall be responsible for all charges incurred by ENB in recovery of the product(s). If ENB is unable to retake possession of the products(s) for any reason or the product(s) are damaged or rendered unfit for use or sale the Purchaser shall be liable for the sum of all amounts due under the deferred payment schedule not yet paid plus all charges incurred by ENB in recovery of the product(s).

4) Storage Charges

Should the Purchaser be unable to take delivery within the four week period from deposit payment, a storage charge of $110/week (incl. GST) per building or per module of a complex will apply.

5) Delivery and Installation

Unless included in the quotation, all delivery and installation costs are the responsibility of the Purchaser. Where delivery and or installation services are included in the quoted price, ENB will advise the Purchaser of the date and approximate time for delivery. Any additional costs incurred by ENB resulting from unloading delays at the Purchaser's site will be charged to the Purchaser. ENB takes no responsibility for any damage or deterioration that might occur during delivery and installation. The Purchaser is responsible for any insurance required.

A loading fee of $330 (incl. GST) per building or per module will apply for non-self loading vehicles provided by the Purchaser for transport of buildings from ENB's premises.

6) Permits, Engineering and Other Certificates

The Purchaser shall be responsible for all permits, certificates and fees required by local councils or other statutory authorities. Where the Purchaser, or a statutory authority or other body requires a certificate of compliance with any regulation, standard or code the cost of obtaining the certificate or other relevant documentation shall be payable by the Purchaser.

7) Alterations/Modifications

Alterations/modifications to the building being purchased may be carried out by ENB upon request by the Purchaser. Payment in full for all alterations/modifications is required prior to commencement of work.

8) Title/Ownership

Title/Ownership of the product(s) will not pass to the Purchaser until payment including loading, transport and installation charges, if applicable, have been received in full by ENB.

9) Electrical

Purchasers must arrange for all electrical work including connection to supply to be carried out by a licensed electrician.

Eastern Nomad Buildings ('Eastern') - Hire Terms and Conditions

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This Agreement is a claim for payment under the Building and Construction Industry Security of Payment Act 1999.

1. Commencement of Hire

The hire shall commence on the day the unit is dispatched from the Eastern's depot and shall end on the day it is returned to the Eastern's depot.

2. Hire Contract Period

(a) The Minimum Hire Contract Period shall be four weeks.
(b) If a designated Hire Agreement has been entered into, the minimum hire period will be the minimum period of hire listed on the Hire Agreement. Eastern reserves the right to review the hire rate once the hire period has expired.

3. Payment Terms

Hire charges shall be invoiced monthly in advance. All invoices are payable within thirty (30) days of invoice date. Interest at a rate of 12% per annum shall be payable, at Eastern's option, on any amounts not paid by the due payment date.

4. Termination

(a) The Hirer shall give Eastern at least seven (7) days notice in writing of intention to terminate hire and shall ensure the unit is available for recovery by Eastern on the due date.

(b) Failure in the Notice of Termination to nominate a date not less than seven (7) days from the date of such notice or the non availability of the unit for recovery shall render the Hirer liable to additional hire from the date nominated as the date of termination, for the period to make up the seven (7) days notice.

(c) The Notice of Termination may be served at the business address or posted by Registered Pre-Paid Post to Eastern Nomad Buildings, PO Box 1078, Blacktown NSW 2148.

(d) Notwithstanding the above conditions, the Hirer may terminate hire by telephone to Eastern. Such method of termination will only be effective in the event of subsequent written confirmation.

(e) Provided the agreed minimum period of hire has expired and the hire is terminated prior to the expiration of any accounting period the rent shall be apportioned.

(f) Upon non payment of hire charges for seven (7) days after due payment date or non performance of any of the Hire Terms and Conditions or upon the Hirer making assignment for the benefit of Creditors or taking the benefit of any Act for the relief of Bankrupts or Insolvents, Eastern shall have the immediate right to terminate the hire.

(g) Upon termination of hire it shall be lawful for Eastern or its authorised representatives to retake possession of the unit and for that purpose to enter into or upon any premises where the same may be and in this respect the Hirer shall indemnify Eastern against any claim or demand made by any third party arising as a consequence of such entry.

(h) The determination of the hiring shall not affect the right of Eastern to recover from the Hirer any monies due at the date of termination or to recover damage in respect of any breach of these conditions.

(I) If the unit is relocated at any time after original delivery, the Hirer shall be responsible for any additional charges incurred in recovery of the unit.

5. Delivery and Recovery Costs

The Hirer shall be responsible for all costs including loading and transport to site, off loading, installation, reloading and return to Eastern's depot.

6. Insurance of portable buildings and equipment

During the hire period, insurance for loss or damage is the responsibility of the Hirer. The Hirer will be charged for the loss of the unit or any part thereof at the replacement rates. The cost for repair of any damage to the unit or any part thereof will be charged at trade rates current at the time the repairs are carried out.

7. Condition of Unit and Damage Responsibility

(a) The Hirer shall use the unit in a proper manner and shall at his own expense keep in good and substantial repair and condition including routine maintenance, reasonable wear and tear excepted.

(b) At commencement of hire Eastern will provide an Inspection Report Sheet upon which will be noted the general condition and particulars of existing damage (i.e. scratches, dents, abrasions etc) to the unit when delivered. It is the Hirer's responsibility to notify Eastern of any variance as to comments on the Inspection Report Sheet upon delivery to site.

(c) The Hirer shall be liable for all damage or loss of the unit from commencement of hire upon delivery to site, until recovery of unit by Eastern other than that shown on the Inspection Report Sheet (reasonable wear and tear excepted). The Hirer shall be liable for the cost of repairing any such damage as assessed by Eastern and the repair cost shall be payable by the Hirer immediately upon completion of repairs.

(d) In the event of damage occurring to the unit or any accident occurring involving the unit the Hirer shall immediately notify Eastern by telephone and in writing giving full details in respect thereof and furnish further information as Eastern may require and carry out any reasonable instruction in respect of the unit as Eastern may communicate. The Hirer shall be responsible for rental payments until either the unit is repaired, provided such repairs are carried out promptly or, in the case of a loss, an insurance settlement amount is received by Eastern.

8. Cleaning

Units are delivered in clean condition and should be returned in similar condition. The reasonable cost of cleaning incurred by Eastern on recovery is to be paid by the Hirer.

9. Hirer Not to Sell, Mortgage or Relocate Unit

(a) The Hirer will keep any hired unit in his possession and will not remove the same or any part or parts thereof from the site to which it was delivered by Eastern or to which it was moved with the consent of Eastern and will not allow any lien to be created upon the unit whether for repairs or otherwise and will duly and punctually pay all rents, rates, taxes, charges and impositions payable in respect of the premises upon which the unit is situated and will protect the unit against distress or seizure and indemnify Eastern against all losses, costs, charges, damages and expenses incurred by him by reason or in respect thereof.

(b) The Hirer shall not relocate any hired unit without first obtaining Eastern's consent. The Hirer shall be responsible for any damage caused to the unit in relocating.

(c) Subject to obtaining consent as aforesaid the Hirer shall only lift the unit with a suitable spreader bar and nylon slings. Failure to do so will incur liability for any damage or injury in removal of the unit.

10. Exclusion Clause

(a) Indemnity - The Hirer shall indemnify and keep indemnified and save harmless Eastern servants and agents from all damages suits, actions, claims and demands of every description whatsoever and howsoever arising either directly or indirectly from the use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the Eastern its servants or agents or otherwise.

(b) Exclusion of Liability - Eastern shall not be liable to the Hirer or the Hirer's servants or agents for any damages, suits, actions, claims and demands of every description of every description whatsoever and howsoever arising either directly or indirectly from representation, warranties, terms and conditions express or implied (except in so far as statutory conditions and warranties cannot be excluded under Part V Division 2A of the Trade Practices Act (1974) or relevant State Legislation), use, maintenance, transport, operation of the goods or otherwise and whether resulting from the negligence of the Eastern, its servants or agents, or otherwise.

11. GST - Goods and Services Tax

To be paid by the Hirer in addition to the hire rental charges subject to receipt by the Hirer of a tax invoice from Eastern.

12. Disputes or differences between Eastern and the Hirer

Arising out of these Conditions of Hire or as to the rights, duties and liabilities of Eastern and the Hirer or their respective representatives shall be referred for Arbitration to the President of the Hire & Rental Association of Australia (or persons appointed by him) in accordance with and subject to the Conditions of the Arbitration Act 1902 (NSW) or any statutory modification or re-enactment thereof for the time being in force and the decision of such Arbitrator shall be final and binding.