Unless otherwise stated, the Customer and VanHomes Sales Pty Ltd (the company, hence forth referred to as VH) agree:
The company will manufacture and supply the customer with a VH as specified in the description.
The purchase price of the VH is the amount shown as the ‘Total Amount Payable’.
The VH will be built and supplied in accordance to comply with Australian Standards Motor Vehicle ACT 2018
If within a period of 10 years of the VanHome being built their VH has any defects in workmanship or materials are found in the structural chassis or frame , the customer will notify the company within the period and the company must promptly make good the work or materials at the companies expense. If within a period of 5 years of the customer taking delivery of their VH any faulty workmanship or materials are found not including the chassis or the frame,the customer will notify the company within the period and the company will promptly make good the work or materials at the companies expense. Other components like windows, doors, range hood, stove, hot water systems, toilets, taps, lights and floor coverings are warranted under third party suppliers warranty terms. Check with these suppliers for further warranty information if required.
Should a customer choose to not use VanHomes to transport their VanHome any loss or damage that is caused to the VH during transportations or installations by any party other than the company will not be the responsibility of the company and the company will not be held liable for the loss or damage. Any repairs that are required as a result of damage caused during transportation or installation by another party other than the company will be at the expense of the customer.
The customer is aware of the weight of the VH and the implications of towing limits and braking requirements of any vehicle towing the VH.
The customer has satisfied themselves that the VH is suitable for their intended purpose & location.
The company will in its best endeavour build and supply the VH by the estimated Completion Date. In the event that the VH is not ready for delivery within 30 days of the estimated completion date and with the exception of an industrial dispute, strike, act of terrorism, declared a state of emergency or an event beyond the control of the company, the customer may give written notice to the company that they intend to cancel their order and the company will refund 100% of any monies received from the customer.
The company will not be held liable for any damage or loss incurred whatsoever arising directly or indirectly from any delay or failure to manufacture and supply the VH.
Unless other arrangements are made between the customer and the company, the customer will take delivery within 7 days of being advised by the company that their VH is ready for delivery.
The customer may inspect their order anytime during business hours or by appointment after hours at the company’s premises prior to taking delivery.
Any balance due from the Total Amount Payable must be paid before the VH leaves the company’s premises.
Until payment has been received in full, Title of the VH does not pass to the customer and the customer will hold possession of the VH as Bailee only.
While the customer holds possession of the VH as Bailee; the customer is responsible for the proper care and liable for any loss or damage to the VH.
If a period of not less than 7 days has passed from the date the customer has been advised that their VH is completed and the customer has not made arrangements to take delivery of their VH, the company will place the customers VH in storage. A storage fee of $20 a day will be applicable while the VH is in storage. If after a period of not less than 30 days has past since the customers VH Home has been placed in storage and if the Customer has still not made arrangements to take delivery of their VH, the company may give written notice to the customer that it intends to dispose of the VH by way of Public Auction to recover any money due to the company from the balance of the Total Amount Payable and storage charges. Any proceeds from the Auction sale of the VH surplus to monies owed to the company will be refunded to the Customer.
In the event that the customer prior to completion of their VH, changes the ir order, cancels their order or advises the company that they are unable to proceed to take delivery of their VH, then at the discretion of the company, a cancellation fee of not less than 15% and not more than 30% of the Total Amount Payable may be charged to the customer. Any monies paid to the company by the customer surplus to the cancellation fee may be refunded to the customer within 30 days of notice given to the company by the customer.
This agreement is under the jurisdiction of the law of NSW.
Where State or Federal law apply in relation to this agreement, those provisions are deemed to be incorporated into this agreement and the customer has the full benefit, but only to extent to which those warranties are applicable and that they may not be excluded. All other warranties are expressly excluded.
Any variations or additions of these terms and conditions will have no effect unless made in writing and signed by the customer and the company.