The Container House

The Container House Logo

Terms of Sale

For the purpose of these Terms of Sale: “Us”, “Our”, “We”, “TCH”, and “The Container House” refers to The Container House, primarily operating in the Northern Territory. “Products”, “Goods”, “Container Home”, “Manufactured Unit”, “Modular Home”, and “Equipment” refer to any goods and products provided by The Container House from time to time. “You” and “Your” refers to you, the client or purchaser engaging with The Container House.

We reserve the right to amend, modify, add or remove sections of these Terms of Sale as we see fit. While we will strive to notify you of any significant changes, we are not obligated to do so.

All our Goods are backed by guarantees that comply with the prevailing Australian Consumer Law. You are entitled to a replacement or refund
in the event of a significant failure. Additionally, you have the right to repair or replacement if the goods do not meet acceptable quality standards, provided the failure is not major.

We will not be responsible for any consequential damages such as loss of use, inconvenience, or loss or damage to personal property, whether direct or indirect, whether arising under contract or tort. By entering into these Terms of Sale, you agree to indemnify us against any such claims.
Your exclusive remedy is the repair or replacement of the purchased Product. We shall not be liable for any special, incidental, or consequential damages,
including but not limited to loss of profits, and you agree to indemnify us against such claims. Our total liability will not exceed the purchase price of the Product.

1)  If you encounter a fault with your Goods, discontinue usage immediately and contact us as your first course of action.

2)  If you proceed to repair or replace the fault or part without   notifying us first, we hold the right to decline reimbursement.

3)   To claim your warranty, please complete the required fields on our warranty form located on our website 

4)   Warranties Against Defects

a)   We guarantee that all components of the Products are free from defects for a duration of 12 months.

b)   We may opt to employ a local tradesperson or send our in-house technician to resolve any issues

c)    Any repairs or replacements of faults will be carried out at no cost to you.

d)   If the Products need to be sent back to us, you will be responsible for all associated return costs.

e)   We reserve the right to replace defective parts with those of similar quality and specification.

f)     We have the right to inspect the fault in question.

g)   The warranty will be null and void if:

a.    The Product/s have been significantly or structurally altered, repaired, or modified by any party other than The Container House

b.    No faults can be found upon inspection

c.    The fault falls within accepted industry standards

d.    The fault is a result of your, or a third party’s, neglect or failure to maintain the Product; or

e.    The Product has been exposed to abnormal conditions such as extreme weather, flooding, fire, misuse, or accidental damage.

h)   The warranty does not cover normal wear and tear. i. Some components used may have third-party warranties issued by their respective suppliers.

i)     Our voluntary 12-month warranty period commences on the day of your Product’s delivery or pick-up.

5)  Setup of the Products

You will be responsible for the following, as applicable:

a)   A licensed electrician must be used for connecting the Product to mains power, installing lighting fixtures, power points, and switches, as well as for the final electrical certification.

b)   If required, a licensed plumber must be employed for connecting the Product to sewage mains. Additional council fees and approvals may be applicable.

c)    A licensed plumber is also needed for connections to water and grey waste systems.

d)   It is advised to engage a licensed carpenter or builder for Product setup, including levelling the base, expanding sides, window installations, flashings, and other requirements.

e)   For any gas fittings and appliances, a licensed gas fitter must be employed.

f)     You are accountable for organizing the setup (installation) of our Products and for any expenses incurred.

g)   The Container House assumes no responsibility or liability for any injuries or damages arising from the use of third-party services or tradespeople during the setup or usage of our Products, and you agree to indemnify us against any such claims.

h)   It is advisable to inspect the foundation where the Products are placed every 6 to 12 months for any movement or settlement.

i)     In compliance with current State legislation, your Product must be equipped with functioning smoke alarms in accordance with fire safety regulations. We suggest installing one (1) smoke alarm in each bedroom and one (1) in the living area.

6)   General Terms

a)   It’s your responsibility to consult with your local council and State legislation concerning the use and occupancy of our Products on your property or any other location where you intend to keep the Product.

b)   You acknowledge that you have determined our Product is suitable for your intended purpose and location.

c)    We are not responsible for any fines or penalties levied against you by council or government bodies due to misuse of the Product.

d)   You are responsible for knowing the weight of the Product and the towing limits and braking requirements of any vehicle used to tow it.

e)   Our Products are manufactured in our China-based factory and inspected for major damages in our Australian locations. Due to the pricing and nature of our business, minor imperfections that may exist are deemed acceptable by both parties.

f)     You’ve had the opportunity to inspect our display models and have accepted our Product to be in a condition similar to our display models.

g)   We disclaim legal responsibility for any loss or damage you might incur related to your purchase of our Products, whether from errors or omissions in our documents or information.

h)   You agree to abide by all laws, regulations, and rules in your interactions with us, including the placement of orders through our website.

i)     Any variations to these Terms of Sale for your particular order must be agreed upon by us in writing.

j)     All specifications for your Product order are included in the quote provided by us, and you confirm the accuracy of this information.

k)    We will rely on the information you provide for your Product order. Any costs we incur due to incorrect or insufficient information will be your responsibility.

l)     If you have overdue amounts, we may, at our sole discretion, charge you an interest rate of 10% per annum, calculated daily and compounded monthly.

7)   Refunds

a)   Refunds for your Product after delivery are subject to our sole discretion and will be assessed on a case-by-case basis.

a.    You will be responsible for all costs associated with packing up the Product for return.

b.    Products must be returned in the condition they were delivered

c.    You will bear all costs associated with returning the Product.

8)   Deposit, Cancellations, and Variations

a)   Your payment of the required deposit indicates acceptance of our quote and these Terms of Sale.

b)   The required deposit amount will be stated at the bottom of your quote, with the balance due before delivery or pickup of the Product.

c)    For our standard range, a $1,000 administration fee will be retained by us if you decide to cancel your order before delivery.

d)   For custom designs, a non-refundable deposit of 50% is required before we start manufacturing.

e)   If we agree in writing to a cancellation or variation of your order, you must indemnify us against any losses and cover all our reasonable costs resulting from your cancellation or variation.

9)   Payment Schedule

a)   Full payment must be received before we schedule your delivery or before you collect your order. Failure to make the required payments may result in withholding of the Product.

b)   Payment Process:

a.    Deposit Paid: Your order will be marked as accepted, and stock will be allocated.

b.    Balance Due: An invoice for the final payment will be emailed to you two weeks before the completion date.

c.    Delivery: Upon receipt of your final payment, we will schedule your delivery for the next available slot, or your Product will be ready for collection.

10) Delivery

a)   The company can subcontract or transfer the delivery without notice to the customer.

b)   The customer must provide clear and unhindered access to the delivery location.

c)    The driver will try to unload the product where the customer prefers, but site conditions may restrict this.

d)   The customer guarantees that the ground is suitable for delivery vehicles.

e)   All delivery times are estimates, and delays don’t warrant compensation.

f)     The company can adjust delivery fees and will notify the customer in writing.

g)   Customers can arrange their own product pick-up.

h)   If delivery is not possible, drivers can leave the product on the nearest Council road.

i)     The company is indemnified from any loss caused by its drivers.

11) Storage Fees – Non payments

a)   Unpaid standard orders can be allocated to other customers.

b)   Storage fees may apply for overdue invoices.

12)Force Majeure

a)   The company is not obligated to provide products under conditions beyond its control.

b)   These conditions are broadly defined, including pandemics, strikes, natural disasters, etc.

13)   Default

a)   Default occurs if the customer breaches terms, declares bankruptcy, or transfers rights without consent.

b)   The company can refuse to supply products and keep any paid money in such cases.

14)  Indemnity

a)   The customer indemnifies the company against any claims related to the product or these terms.

15) Intellectual Property

a)   The company owns all intellectual property related to the products.

b)   The customer must not infringe on or challenge this ownership.

16)   Governing Law

a)   Laws of the state where the product is purchased will apply.

17)  GST

a)   Both parties will comply with Goods and Services Tax laws.

18)  Title

a)   Risk and title pass to the customer upon delivery but ownership only after full payment.

19)   Advice and Information

a)   The company provides advice in good faith but isn’t liable for any reliance on it.

20)   Severability

a)   Invalid clauses won’t affect the remaining terms.

21) Waiver

a)   Failure to enforce a term is not a waiver of that term.

The document is updated as of 01/07/2023, and paying a deposit means accepting these terms.