TERMS AND CONDITIONS
WHEREAS, these terms and conditions WITNESSETH that in consideration of conditions herein contained, it is hereby covenanted, agreed and declared by and among the parties (as defined herein) as follows:
SECTION 1: ABOUT US
Global Prefabricated Kit Homes is a registered business in Australia and is committed to excellence in the supply of self-construct Kit Homes to the customers across the globe. Moreover, Global Prefabricated Kit Homes provides a wide range of Kit Home designs to meet the needs of every customer. From the initial design selection to the final quality assurance processes, we make sure our products are always delivered without compromise. We’re proud to be one of the bestknown names in the self-constructed home industry. In order to know more about us and the services we offer, please refer to section 2.
SECTION 2: SERVICES
As stated earlier, Global Prefabricated Kit Homes aims to provide the quality assurance Kit Homes to you. We provide the homes you always dreamt of. Our services include but not limited to the following:
1. Global Prefabricated Kit Homes which include drawing:
i. Home Design
ii. Exposed Rafter/Cathedral Design
iii. Exterior Finish
v. Windows Finish
vi. Entry Door/Rear Doors.
2. Installation Manual and Architectural Plan.
3. Quality Assurance process.
4. Exclusive Timber Selection
SECTION 3: SELECTION
To purchase our services here is a step by step guide to your Kit Home Selection.
1. Choose Home Design/ Drawing.
2. Select Exposed Rafter/Cathedral Ceiling. You shall have the option to select standard ceiling however, if this option is not selected then, you shall be provided with the standard ceiling in gyprock Finish.
3. Choose the Exterior Wall Finish.
4. Choose the Windows in Aluminum, UPCV or Rustic Rauli Timber.
5. Choose the Front Entry Door and Back Entry Door.
6. Choose the Roofing material finish.
Furthermore, Global Prefabricated Kit Homes provides standard Kit and therefore, if you desire or intend, you can purchase the upgraded Doors. Whereas, in such a case, you shall be liable to pay extra amount as consideration.
SECTION 4: CONSIDERATION
Pursuant to these terms and conditions, Parties have bargained for and expressly agree that the rights and obligations of each party provided in this agreement, including but not limited to, Global Prefabricated Kit Homes’ obligation to provide Homes Kit constitute sufficient consideration. You acknowledge and agree that consideration is not fixed, and it varies based on designs and
selections. Contact, Global Refabricated Kit Homes for the details of cost of Selected designs at ___________. However, for the insight of charges for each design visit “shop” menu on our website.
SECTION 5: PROCEDURE TO BUY THE SERVICES
5.1 In order to purchase our services and the Kit Home Designs you are bound to register with us as a member and provide us following information.
a) Company Name if you are a legal entity and the name of representative of the Company.
b) Full Name if you are a natural person.
c) Country Name
e) Telephone Number.
f) Email Address.
g) Credit Card Information
h) Site Address.
5.2 In compliance with the terms and conditions hereunder provided, once you are registered with us as a member you are required to select the Kit as mentioned in section (3) and then add the selection in the Cart.
5.3 After you added the Kit by selecting the step by step process, in the Cart you will get a quotation at your provided email address. Once you have accepted the quotation within the period mentioned in the quotation you shall be liable to pay 10% deposit for the approval of Architectural Plan which Global Prefabricated kit Homes will manufacture.
5.4 You are required to submit your approval to us and after submission of approval you are also required to request us the confirmation of the architectural plan you desire or intend to get manufactured. However, if you desire or intend to propose minor or major changes in the selected designs Kits, whatever is the case, you shall be bound to pay additional cost thereon.
5.5 The submitted approval of the client shall be accepted once the 40% of total consideration has been received and confirmed by the Global Prefabricated Kit Homes in addition to the amount clients are liable to pay, if they have requested changes or additional work. Whereas, this deposit allows the commencement of the architectural drawings to be signed off.
5.5 A Architectural Plans shall be available to be used for Council Approval and Engineering Plans to be drawn. However, Council submission and Engineering Plans’ costs shall be borne by the owners only. For further reference, please review the requirement of each state in this regard.
5.6 It is hereby acknowledged and agreed that: manufacturing time shall be 9-12 weeks unless otherwise delayed without any notice due to any unforeseeable circumstances, including without limitation, Covid-19 and shall commence after the clients sign off the Architectural drawings for manufacturing.
5. 7 Once the approval has been submitted and accepted Global Prefabricated Kit Homes shall review the architectural plan provided by you and start the manufacturing of the Kits.
5.8 However, once the manufacturing of Kits has been started the you shall receive the process and confirmation by an email or text, by us from time to time, notifying about stages and order being completed until the Kits have been completed.
5.9 Once the manufacturing of the Kits as ordered by you has been done, our expert and dedicated team shall inspect the process, compliance with standards and Kits to make sure the quality and to confirm certification thereof. Moreover, the kits shall be inspected by Global prefabricated Kit Homes for Approval before dispatching them.
5.10 Once the manufacturing of the Kits has been completed as per your order and inspected as provided above, the Kits shall be dispatched to you at your given address. However, with the shipment and dispatching of the Kits the remaining payment exceeding up to 50% shall be paid to us including shipping cost.
5.11 After the approval has been made and confirmed, Kits have been manufactured, payment has been received, and inspection of Kits has been completed; the you shall be notified either by email or text with the update of order status. Upon the procedure mentioned being complete, the you shall also be notified that the final payment is essential and due in order to complete the delivery to you, after that the Kits shall be subjected to shipment at your given address.
SECTION 6: ACCEPTANCE OF THE PAYMENT
Global Prefabricated Kit Homes accepts the payments in Australian Dollar (AUD). Global Prefabricated Kit Homes accepts the payments made by following modes:
a) Credit Card
AfterPay is coming soon and shall be fully integrated with the Global Prefabricated Kit Homes online checkout. All you would need to do is choose Afterpay as your payment option when you’re ready to buy. Afterpay splits your payments over four equal instalments due every fortnight.
Nominate the card you want to use, and automatic payments are scheduled for you. There is no lengthy process or wait times. Afterpay simply uses your mobile phone number and a few personal details to create your account instantly and securely. Please note that Afterpay may impose late payment fees if payment isn't made on the scheduled date so we shall not be held liable for that.
We also accept online payments via PayPal. Your payment details and the transaction are handled and processed directly in the PayPal portal. For more details about PayPal, visit the PayPal website.
d) Gift Cards
We accept Global Prefabricated Kit Homes gift cards on our online store. If the dollar value on your gift card is greater than the value of your shopping cart, the remaining balance will be left on your card. If the dollar value on your card is less than the value of the shopping cart, you'll be asked to pay the remaining balance either via credit card, Afterpay or via PayPal. You also acknowledge and agree that the promotions, when available, are percentages and shall be discounted from time to time once the full amount has been calculated.
SECTION 7: CHANGES IN DELIVERY AND ACCEPTANCE
You shall be bound to notify us in writing within three (3) about the acceptance of the delivered Kits. If you do not notify us in writing within three (3) days, delivery shall be considered as accepted. Moreover, you shall have three (3) days to notify us if you want any changes in the delivered Kits or there is any default in the Kits. Failure to do so, within (3) three days, shall be
considered as acceptance of delivered Kits. However, if additional changes are requested, you agree that you shall be liable to pay additional cost. You also agree and acknowledge that the judgment as to if there will be any delay or additional expense shall be made solely by the Global Prefabricated Kit Homes.
SECTION 8: RIGHT OF CANCELLATION
You acknowledge and agree that once you have selected the Designs and added in the Cart you shall have only 48 hours to change your mind and cancel the order by serving notice to Global Prefabricated Kit Homes immediately. If you have decided to cancel the order within 48 hours and served the notice to Global Prefabricated Kit Homes immediately you shall be refunded with all
the paid amount. Moreover, you also acknowledge and agree that if you have failed to serve the notice within 48 hours of adding the selection in the cart and if the manufacturing of the Kits has been started, no amount paid shall be refunded to you and your right to cancel shall be terminated or expired. Your cancellation request shall be reviewed by the management of Global
Prefabricated Kit Homes. If your request has not been approved by the management of Global Prefabricated Kit Homes, you shall be liable to pay additional 25% restocking fee.
SECTION 9: MEMBERSHIP AND RULES
In order to buy our services membership is necessary. However, you acknowledge and agree to
i. You agree to provide accurate and current information about yourself (termed "registration data") when completing the member registration form.
ii. You agree to update your registration data in the event that your registration data changes or becomes out-of-date.
iii. Global Prefabricated Kit Homes may impose or alter, without notice to you, any conditions for becoming a member and Global Prefabricated Kit Homes reserves its rights to alter or vary the benefits and privileges accruing to members.
iv. Once Global Prefabricated Kit Homes approve you as a member, Global Prefabricated Kit Homes shall issue you with a password and it is your responsibility to maintain the confidentiality of the password. Global Prefabricated Kit Homes is not liable for any loss or damage arising from the unauthorized use of a password. However, if you are interested to buy the Global Prefabricated Kit Homes but you do not wish to register with us online feel free to contact our consultant at _______________. We will provide you quotation and as well as an option to make a deal with Global Prefabricated Kit Homes directly.
v. Global Prefabricated Kit Homes shall have the right to refuse, terminate or suspend your membership, password or use of the website in its absolute and sole discretion.
vi. Global Prefabricated Kit Homes may terminate or suspend your membership, password or use of the website if:
a. Global Prefabricated Kit Homes suspects that the registration data provided by you is outdated, false, offensive, inaccurate or impersonates someone else.
vii. Global Prefabricated Kit Homes is not liable to you or any third party for any loss or damage or claim arising from your membership being terminated or suspended.
viii. You agree to Global Prefabricated Kit Homes sending you electronic mail (e-mail) from time to time to inform you of changes to the website and to inform you of promotions and advertisements.
SECTION 10: FACILITIES VIA THE WEBSITE
The Website provides persons with the opportunity to engage in a discussion forum and other interactive communication. Global Prefabricated Kit Homes requires that persons use the Website and its facilities, including but not limited to, the discussion forum, in a responsible manner. Global Prefabricated Kit Homes does not pre-screen the content posted, transmitted or submitted via the
Website by persons other than Global Prefabricated kit homes. You acknowledge that you may be exposed to content which is offensive to you. You are not to post, transmit or submit content via the Website which is offensive, rude, distasteful, malicious, abusive, defamatory, libelous, slanderous, harassing, racially or sexually offensive, or which infringes the privacy rights of
another or which is promotional in nature or which Global Prefabricated Kit Homes determines, in its sole and absolute discretion, to be unacceptable. Global Prefabricated Kit Homes reserves its right to refuse, remove, edit or modify any content posted, transmitted or submitted via the Website. Entry to Global Prefabricated Kit Homes online competitions is provided to all residents
of Australia on the proviso that the entrant is available to pick up their prize from their nominated store within the allotted timeframe detailed in the winner's prize confirmation e-mail. No requests for arrangements to mail or courier a prize to a winner will be considered and no exceptions or correspondence will be entered into.
SECTION 11: SMS SERVICES
i. Global Prefabricated Kit Homes agrees to make available a SMS Service to persons that are members of the Global Prefabricated Kit Homes Website ("the SMS Service").
ii. You agree that Global Prefabricated Kit Homes may terminate or suspend the SMS Service at any time in its sole discretion.
iii. Global Prefabricated Kit Homes reserves its right to refuse to provide the SMS Service to any member in its sole and absolute discretion.
iv. By sending a SMS to initiate the SMS Service, you will incur a cost from your mobile phone carrier, and you agree to be responsible for this cost.
v. Global Prefabricated Kit Homes acknowledges that you may unsubscribe from the SMS Service at any time.
vi. We do not guarantee that the SMS Service is compatible with all networks. We are not responsible for the non-compatibility of certain mobile phones with the SMS Service.
SECTION 12: LINKS
The Website contains links to sites operated by third parties. Global Prefabricated Kit Homes has no control over these third-party sites and the existence of those links is not to be construed as an endorsement of the third-party sites by Global Prefabricated kit homes. Therefore, Global Prefabricated Kit Homes is not responsible for the content or material contained on the linked sites.
i. That Global Prefabricated Kit Homes cannot ensure the security or privacy of information you post, transmit or submit through the Website and you release Global Prefabricated Kit Homes from any liability in connection with the use of information by other parties.
ii. That any information posted, transmitted or submitted through the Website by you (including your personal information) may be shared with Global Prefabricated Kit Homes' promotional partners and you release Global Prefabricated Kit Homes from any liability in connection with the use of information by Global Prefabricated Kit Homes' promotional partners.
iii. That Global Prefabricated Kit Homes cannot control the use by others of any information that you post, transmit or submit via the Website and Global Prefabricated Kit Homes recommends that you exercise caution when selecting the information that you submit.
SECTION 14: OUR ADDITIONAL RIGHTS
You acknowledge and agree that:
i. We have right to charge you additional amount, at our sole discretion, if you change your address for shipment of Kits.
ii. We have right to charge you additional amount, at our sole discretion, if you change your selected designs.
iii. We have the right to refuse any order you place with us providing reasons.
iv. We shall have right to change the prices of Kits, at our sole discretion, with or without notice to you.
v. We are not responsible if information made available on this site is not accurate, complete or current.
vi. If Kits are supposed to be shipped at the places where Global Prefabricated Kit Homes has no direct access, the delivery may be late, and you shall not be entitled to cancel the order.
vii. Global Prefabricated Kit Homes reserves its right to discontinue, temporarily or permanently, the Website and/or any of the facilities available via the Website without notice to you.
viii. Global Prefabricated Kit Homes reserves its right to restrict access to the Website or certain parts of the Website at any time without notice to you. Global Prefabricated Kit Homes acknowledges that you may cease using the Website at any time. However, in such a case, Global Prefabricated Kit Homes shall complete the orders it has with the clients prior to such restriction.
ix. Global Prefabricated Kit Homes is not liable to you or any third party by way of Contract or Tort for:
a. Any suspension or termination of the Website and/or any of the facilities available via the Website.
b. Restriction of your access to the Website and/or any of the facilities available via the Website.
SECTION 15: YOUR ADDITIONAL OBLIGATIONS
You acknowledge and agree that, in addition to other duties mentioned in these terms and conditions and for the execution of these terms and conditions you are obliged to fulfill following duties.
i. If you desire or intend to change the address where Kits are to be shipped, you shall notify us with the change of address at least 14 days prior to date of shipment.
ii. You shall provide us correct information about yourself.
iii. You shall not use the website for any illegal purpose.
iv. You shall not disclose any confidential information known to you including without limitation, product designs, pricing in which you bought the Kits, or any other trade secret known to you to any third party, disclosure of which may harm the Global Prefabricated Kit Homes.
v. Once the Kits are manufactured and shipped you shall have no right to cancel the order.
vi. You agree not to use the Website to load up any virus, trojan horses or do anything that is likely to harm the Website, or to cause harm to Global Prefabricated Kit Homes’ systems or to the system of any person who accesses the Website.
SECTION 16: YOUR WARRANTIES
You represent and warrant in relation to any material that you post, transmit or submit via the Website that:
i. You are authorized to provide the material.
ii. The material shall not infringe or interfere with the rights of any person, including the privacy of any person.
iii. The material is original and does not infringe any intellectual property right including, but not limited to, trademarks, confidential information and copyright.
iv. The material is not defamatory or obscene or does not constitute a "passing off" of any material.
v. The material does not infringe any legislation or regulations of your country or Australia.
vi. You agree not to post, submit or transmit via the Website any persons' name, contact details and other personal information unless you have first sought and obtained the written permission of that person to do so.
vii. By posting, submitting or transmitting material via the Website, you agree to grant Global Prefabricated Kit Homes a perpetual, non-exclusive and payment-free license to reproduce, use and exploit the intellectual property, as part of the Website.
SECTION 17: OUR WARRANTIES
Global Prefabricated warrants that:
i. Global Prefabricated Kit Homes is a legitimate and registered business.
ii. You shall receive the services you have applied for.
iii. Global Prefabricated Kit Homes provides 10 years manufacturing warranty on the Kits.
iv. Global Prefabricated Kit Homes provides 25 years warranty on the structures of the Kit Homes. However, in case of damage to the structures due to water or any other negligent act of the clients you acknowledge and agree that Global Prefabricated Kit Homes shall have no liability.
v. Global Prefabricated Kit Homes makes no warranty that the Website will be secure or error-free or virus-free and any material downloaded through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or for any loss of data.
vi. Global Prefabricated Kit Homes shall not be liable to you for any third-party claim regarding the Kits and Designs.
vii. Global Prefabricated Kit Homes shall not be responsible for any incidental, consequential, direct or indirect loss or harm caused to you by use of this website or by act or neglect of you or any third party.
viii. Global Prefabricated Kit Homes gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the information contained on the Website. Any reliance upon any information contained on the Website is at your sole risk.
ix. You acknowledge that the use of the Website is at your sole risk and Global Prefabricated Kit Homes does not give any warranty thereof.
x.Global Prefabricated Kit Homes is not liable for any loss or damage or claims as a result of you or a third person acting on the material appearing on the Website.
SECTION 18: INDEMNIFICATION
You agree to indemnity Global Prefabricated Kit Homes and its proprietors, officers, directors, employees and agents against any loss, damage or claims where such loss or liability arose out of or in connection with a breach of this agreement by you, or the publication or distribution of material or information supplied to the website by you, or any complaints or charges made by other parties against you.
SECTION 19: INTELLECTUAL PROPERTY RIGHTS
The information and material appearing on the Website is to be used for your sole personal use only. Global Prefabricated Kit Homes reserves all intellectual property rights in the Website and any necessary software used in connection with the Website. Except as authorized by Global
Prefabricated Kit Homes you agree not to:
a) Distribute the Website, in whole or part, in any form.
b) Store the Website, in whole or part, in any storage media.
c) Re-transmit the Website, in whole or part, in any media.
d) Create derivative works based on the Website, in whole or part.
e) Upload the material to any other site on the World Wide Web. Global Prefabricated Kit Homes is a registered trademark. The Global Prefabricated Kit Homes logo shall not be used without the prior specific, written permission of Global Prefabricated Kit Homes. Moreover, you acknowledge that the Website contains advertisements and material from Global Prefabricated kit Homes' promotional partners and that such material is protected by copyright, trademarks and other intellectual property laws.
SECTION 20: ADDITIONAL PROVISION
20.1 To order the Kits, you are required to choose and provide us the custom design. For the purpose therein, you shall be bound to send us Architectural Plans and specifications.
20.2 Once the Architectural Plans and specifications are provided, Global Prefabricated Kit Homes shall provide you the quotation. Whereas, you acknowledge and agree that the quotation shall only be valid for thirty (30) days and cannot be used in connection with any offer provided by Global Prefabricated Kit Homes. After the expiry of thirty (30) days, quotation shall be considered as expired, if not accepted.
20.3 Then, Global Prefabricated Kit Homes shall confirm the details with you and send an email confirming the provided information.
20.4 It is hereby agreed and acknowledged that all the Architectural Plans and specifications submitted by the clients shall remain the sole property of the Company or the firm who has drawn them and they shall not be reproduced, copied and transmitted to any third party in any way.
20.5 Whereas, all the information and details provided therein, shall not be sold and distributed to any third party as a whole or in part.
SECTION 21: CHILDREN UNDER EIGHTEEN (18)
Children under the age of eighteen (18) are not allowed on our website. We do not knowingly collect Personal Information from children under the age of Eighteen. If you are under the age of Eighteen (18), you must ask your parent or guardian for permission to access our site.
SECTION 22: ACKNOWLEDGMENT
SECTION 23: YOUR CHOICE
If you do not want to order the Kits online using Global Prefabricated Kit Homes’ website, feel free to contact our team at: ______________________. We will consider your concern and provide you other available options. However, under all the circumstances, meaning thereby,
whether you choose to buy the Kits online or manually; online membership and registration with Global Prefabricated Kit Homes shall be compulsory.
SECTION 24: MISCELLANEOUS
24.1 You agree that all the communication shall be made, and notices be served by a email at your provided address.
24.2 Performance by Global Prefabricated Kit Homes under this agreement is excused during the period such performance is prevented or delayed by the government restrictions (whether with or without jurisdiction), war or warlike activity, insurrection or civil disorder, or any other cause similar or dissimilar to the foregoing that are beyond the control of the parties and not enforceable at the time the agreement is executed.
24.3 It is hereby agreed that the Global Prefabricated Kit Homes may at its sole discretion, amend, alter, change, any of the provision of these terms and conditions and such modifications shall be adhered to and have the same effect as if they had been originally embodied in and formed a part of these terms and conditions.
24.4 Any captions or headings used in these terms and conditions are solely for the convenience of the parties hereto, are not part of these terms and conditions, and are not to be used for the interpretation or determination of e validity hereof.
24.5 If any particular term of these terms and conditions is determined to be invalid, the invalidity and enforceability would not affect the remaining provisions, which will nevertheless remain in full force and affect.
24.6 Global Prefabricated Kit Homes may modify any of the term of these terms and conditions at its sole discretion, any time with or without notice to you.
24.7 In case of any complaint, question or any other concern contact us at _________________.
24.8 You acknowledge and agree that all the disputes arising between us regarding these terms and conditions shall be resolved according to the governing Law of AUSTRALIA. Moreover, this agreement is to be governed for all purposes by and construed in accordance with the governing law of AUSTRALIA and venue is to be lie exclusively in the courts for CIVIL