Terms of Service
Mr Cabins terms and conditions of trade
1. Mr Cabins Pty Ltd ABN 16 667 147 462 is referred to in these terms as ‘Mr Cabins’, ‘we’ or ‘us’.
2. You, the Customer, are referred to in these terms as ‘the Customer’, ‘you’ or ‘your’.
3. Definitions are set out at the end of these terms and conditions.
The work required to install the Cabin
4. There are five structural parts to a cabin, the foundation, frame, walls, floors and roof. We supply the prefabricated components of the frame, walls, floors and roof (the Prefabricated Components). You are responsible for supplying the foundation.
5. There are four stages to installing a cabin: obtaining all necessary statutory approvals (Approval Stage); preparing the site and the foundation on which the cabin will be installed (Foundation Stage); constructing the Cabin’s Prefabricated Components (Construction Stage); installing the Prefabricated Components (Installation Stage); and, installing and connecting services such as gas, electricity, telephone, water and sewerage etc, to the Site and Cabin (Services Stage). You are responsible for procuring and paying for every aspect of the Approval Stage, Foundation Stage, Installation Stage and Services Stage.
6. The total cost of every aspect of the Approval Stage, Foundation Stage, Construction Stage, Installation Stage and Services Stage, will depend on many factors beyond our control including (but not limited to) the Site’s condition, the availability of workers, workers’ pay rates, the availability of materials, etc. If you want us to provide you with an estimate of what the total cost of completing the four stages of construction will be to you, we will do our best to do so, but, it will only be an estimate, and we accept no liability if you rely on it and suffer loss as a result.
The Cabin’s rating
7. The Prefabricated Components, once installed, are designed to provide a Cabin suitable for climates and locations with a low risk of fire, flood and wind. It is your responsibility to ensure that the Cabin is suitable for the said risks inherent at the Site, and to procure and pay for any customisation of the Cabin necessary to ensure it is so suitable.
Customisation of the Cabin
8. Customisation is the modifying of the Cabin to suit your desire. Despite that we will do all things reasonable to supply goods and material to allow for Customisation, ultimately, it is your responsibility to procure and pay for the supply of those goods and materials (and anything else) necessary for the Customisation, and we accept no liability if you are unable to do so.
Orders and payment
9. Once you enter the Mr Cabins Supply Contract it gives rise to a binding contract on the terms set out in the Mr Cabins Supply Contract and these terms and conditions (collectively “these Terms”).
10. Subject to your cooling off rights (as set out in the Mr Cabins Supply Contract), these Terms may not be cancelled or altered except upon terms and conditions satisfactory to us. We may require payment of expenses incurred.
11. You will pay the Contract Price in stages.
If Council approval is required:
a. 10% on signing the Mr Cabins Supply Contract;
b. 10% on receipt of Council approval for you to install the Cabin on the Site;
c. 30% within 7 days of you receiving the Frame Video;
d. 40% within 7 days of you receiving the Completion Video and confirming that the Cabin is as ordered; and
e. 10% within 7 days of the Components being supplied to the Site,
unless provided otherwise in the Acceptance.
If Council approval is not required:
f. 20% of the Contract Price on signing the Mr Cabins Supply Contract;
g. 30% within 7 days of you rec veiving the Frame Video;
h. 40% within 7 days of you receiving the Completion Video and confirming that the Cabin is as ordered; and
i. 10% within 7 days of the Components being supplied to the Site,
unless provided otherwise in the Acceptance.
12. You agree to pay interest on any payments overdue at the applicable rate prescribed for pre judgment interest in the Uniform Civil Procedure Rules NSW.
Mr Cabin’s preferred installers
13. It is your responsibility to ensure the Cabin is constructed in compliance with applicable laws, including by a suitably trained and registered (licenced) person. Mr Cabins can put you in touch with builders and other tradespersons who are registered and familiar with installing our cabins. If you would like a list of such builders, send an email to enquiries@mrcabins.com.au
The Supply
14. We provide performance and delivery times in good faith, and as accurately as we can, but we do not accept any liability if we do not Supply, or Supply by a certain time, the Components or any other goods or things unless our Acceptance includes a guarantee of such Supply and provides for payment of liquidated damages for failure to so Supply.
15. You will ensure that the site to which the Components are to be Supplied is easily accessible, and free from any obstacle that would prevent the Supply.
16. You agree to inspect the Components and notify us of any matter or thing by reason of which you allege that the Components are not in accordance with the Mr Cabins Supply Contract, within 7 days of the Supply. Any such notification must be by email to enquiries@mrcabins.com.au. Failing such notification the Components delivered by us shall be deemed to be in accordance with the Terms, in all respects.
17. If, despite our best efforts, we cannot provide the Supply, we may terminate these Terms and the Mr Cabins Supply Contract, on provision of written notice to you to that effect. We will within 7 days of such notice reimburse you any of the Contract Price paid, other than the amount set out in clause 10(a) less any expenses incurred by Mr Cabins. if applicable;
Delay
18. There are any number of factors why the stages of installing the Cabin may be delayed, and many of these factors are beyond our control. The installation like the construction of a home, is inherently unpredictable. We accept no liability for any loss or damage resulting from any delay in our performance of the Mr Cabins Supply Contract, unless we have expressly guaranteed such performance in writing.
The Components and risk
19. Ownership of, and title in, the Prefabricated Components will not pass to you until you are in possession of them and have paid the Contract Price to us.
20. We accept no liability for consequential losses, damage or any expense incurred by you in consequence of any fault or defect in the Prefabricated Components.
Acknowledgment
21. You acknowledge that you are responsible for all work related to the Approval Stage, Foundation Stage, Installation Stage and Services Stage.
22. You acknowledge that if, despite your best efforts, you cannot obtain Council approval for the Cabin to be installed at the Site, then on provision of written evidence issued by Council of its rejection of your application for such approval, Mr Cabins will refund the Deposit to you, less any expenses incurred by Mr Cabins.
Termination
23. Either party may terminate the Mr Cabins Supply Contract immediately if the other commits a breach of a fundament term of the Mr Cabins Supply Contract and/or these Terms, on provision of written notice to that effect.
24. You may terminate the Mr Cabins Supply Contract immediately if you cannot obtain Council approval and satisfy the requirements of clause 22, and give written notice to us to that effect.
25. We may terminate the Mr Cabins Supply Contract immediately if we are of opinion that you have lost confidence in us or are not treating us in a respectful manner or we lose confidence in you.
26. The termination of the Mr Cabins Supply Contract does not terminate your obligation to pay any amount due and which accrued before the termination.
General
27. The rights and obligations under these Terms must not be assigned to a third party, without the other party's written consent.
28. These Terms represents the entire agreement between the parties and supersedes any prior agreement, understanding or arrangement between the Parties.
29. Any term in these Terms which is illegal, void or unenforceable will be ineffective to the extent only of such illegality, voidness or unenforceability and will not invalidate any other term of these Terms.
30. The parties agree to formally correspond with each other by email. Any notice given by either party to the other under these Terms and sent by email to an email address used by the other party in correspondence related to these Terms, will be deemed to have been served on the expiry of 48 hours after the email was sent.
31. These Terms will be interpreted as narrowly as necessary to allow it to be enforceable or valid.
32. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales.
Definitions
33. Definitions
Acceptance means Mr Cabins written acceptance of your order.
Approval Stage has the meaning given that term in clause 5.
Cabin means the cabin on the front page of these Terms.
Completion Video means a video or photograph of the Cabin as ordered.
Components means the prefabricated component parts of the Cabin and/or Plans the subject of the Acceptance.
Contract Price means the amount described as such on the front page of the Mr Cabins Supply Contract.
Construction Stage has the meaning given that term in clause 5.
Council means the council of an area and includes an administrator.
Deposit means the amount described as such in item 2 of the Schedule.
Foundation Stage has the meaning given that term in clause 5.
Frame Video means a video or photograph of the frame of the Cabin as constructed by the manufacturer of the components.
Installation Stage has the meaning given that term in clause 5.
Laws means any obligatory rule or conduct or the State or Territory in which the Cabin is Assembled.
Mr Cabins Supply Contract means the Mr Cabins Supply Contract between the parties to supply the Prefabricated Components.
Order means a written or online order or request from you for Mr Cabins to supply the Components once accepted by Mr Cabins in writing.
Plan means the plan in item 3 of the Schedule.
Prefabricated Components has the meaning given that term in clause 4.
Services Stage has the meaning given that term in clause 5.
Site means the address you nominated as the address on which the Cabin will be installed.
Supply means the supply of the Prefabricated Components in accordance with the Order.