1.1 In the context of this Agreement, its accompanying schedules, or any related documents, the following terms, unless the subject matter or context dictates otherwise, shall carry the following meanings:
1.1.1 “Agreement” specifically denotes this very Agreement.
1.1.2 “Business Day” signifies any day that does not include Saturday, Sunday, or any other day that, in Queensland, is recognized as a legal holiday or a day during which financial institutions are authorized to close by law or local proclamation.
1.1.3 “Completion Date” refers to the date set for the completion of the container home as delineated in Item 3 of the Schedule.
1.1.4 “Deposit” represents the sum outlined in clause 4.1.
1.1.5 “Purchase Price” indicates the amount mentioned in Item 2 of the Schedule.
1.1.6 “Quote” pertains to the Quote described in Item 4 of the Schedule.
1.1.7 “Specification” encompasses the design and layout as detailed in the Quote.
1.1.8 “Containable Luxury” designates the mobile home to be constructed in accordance with the Specification.
1.2 The use of singular words encompasses their plural counterparts, and vice versa, while words indicating the masculine gender also include the feminine and neuter genders.
1.3 The division of this Agreement into articles and the inclusion of headings serves purely for the sake of convenience and reference and shall not impact the interpretation of this Agreement.
1.4 All references to monetary amounts within this Agreement are expressed in Australian dollars.
Containable Luxury agrees to construct and sell the container homes upon the terms and conditions herein, and the Purchaser agrees to purchase the container home from Containable Luxury per for the Contract Price: xxxxx
3.1 Containable Luxury commits to making reasonable efforts to complete the construction of the container home by the agreed Completion Date.
3.2 Should Containable Luxury encounter delays in completing the container home due to factors beyond their control, such as design or specification changes, delayed sign-offs, payment delays in Contract Price instalments, acts of nature, strikes, lockouts, acts of public enemies, wars, material sourcing challenges, blockades, public disturbances, earthquakes, lightning, fires, storms, floods, governmental restrictions, pandemics, computer viruses, or similar unforeseeable events, Containable Luxury may extend the Completion Date. They will provide notice to the Purchaser regarding the extension.
3.3 Containable Luxury will promptly inform the Purchaser of any potential delays in completion.
3.4 Upon completion of the Containable Luxury will notify the Purchaser in writing.
3.4.1 It is the Purchaser’s responsibility to arrange a transportation company to pick up the container home at the agreed time and date.
3.4.2 Failure to collect the container home on the designated date may result in Containable Luxury charging storage fees of $75.00 + GST per day until the collection date. Containable Luxury is not responsible for any loss or damage that may occur during the transportation or delivery process.
3.5 The Purchaser is responsible for insuring the container home from the point at which the risk transfers to them. The risk of loss or damage to the Containable Luxury transfers to the Purchaser at the earlier of:
3.5.1 Payment of the contract price.
3.5.2 Pickup by the Purchaser.
3.5.3 Departure from Containable Luxury’s premises for delivery to the Purchaser.
3.6 Full payment of the contract price transfers the title of the Containable Luxury products to the Purchaser.
4.1 The Purchaser’s commitment to pay the Contract Price is outlined as follows:
4.1.1 An initial Deposit of 50% shall be due upon the execution of this Agreement.
4.1.2 Another 30% of the Contract Price is due upon the completion of the interior lining progress stage.
4.1.3Remaining 20% of the Contract Price must be paid on or earlier of:
Within 7 days of receiving notification of the completion by Containable Luxury.
On or before the scheduled pick-up or delivery date of the Containable Luxury.
Payment of the Contract Price shall be directed to the account specified by Containable Luxury.
4.2 Any modifications specifications require mutual agreement between the parties and must be documented in writing. The added expenses resulting from such variations will be incorporated into the Contract Price and to be paid within 7 days of invoice date.
4.3 Should the Purchaser delay in making payment for the Contract Price, they hereby agree to pay interest on the outstanding amount, calculated from the due date for payment at the rate of 5% per month until full payment has been received by Containable Luxury.
5.1 Containable Luxury reserves the right to terminate this agreement if the Purchaser fails to make payment within 14 days after receiving written notice from Containable Luxury indicating that payment of the Contract Price (or any other amount owed under this agreement) is overdue. In the event of Containable Luxury’s termination, without prejudice to any other rights available to Containable Luxury, any portion of the deposit paid by the Purchaser will be retained by Containable Luxury as liquidated damages and will not be refunded. Containable Luxury may also seek compensation for any expenses or damages resulting from the termination, deducting the forfeited Deposit. Both parties concur that the deposit serves as a reasonable, just, and authentic estimate of the damages Containable Luxury may incur in the event of a default by the Purchaser.
6.1 Containable Luxury guarantees that the container home supplied under this Agreement will meet merchantable quality standards and be constructed in compliance with the Building Code of Australia (BCA).
6.2 Containable Luxury provides a warranty for a period of 36 months from the date of delivery against any defective workmanship related to the container home construction.
This warranty does not cover:
6.2.1 Normal wear and tear.
6.2.2 Loss or damage resulting from misuse, accidents, accelerated wear, or negligent or deliberate acts or omissions by the Purchaser, their agents, or invitees.
6.2.3 Loss due to the container home not being placed on a level footing system.
6.2.4Containable Luxury lock-up or shell projects.
6.2.5 Materials supplied by the Purchaser.
6.3 Containable Luxury extends to the Purchaser any manufacturer’s warranty pertaining to appliances installed in the container home. The Purchaser must pursue any warranty claims related to these appliances directly with the manufacturer, releasing container home from such claims. Containable Luxury may substitute appliances with others of similar quality.
6.4 Containable Luxury does not provide a warranty for any materials or workmanship performed by third parties at the Purchaser’s request, including any fit-outs, modifications, or repairs to the container home.
6.5 The Purchaser is responsible for ensuring compliance with all rules and regulations set forth by any local or other authority.
6.6 Containable Luxury also warrants that the title to the will be transferred to the Purchaser free from any encumbrance, lien, security interest, or mortgage.
6.7 In cases of valid warranty claims, Containable Luxury may choose to either replace the defective part, repair the defective workmanship, or cover the third-party costs incurred by the Purchaser for undertaking the repairs. Containable Luxury reserves the right to conduct repairs on-site. If it becomes necessary to return to the workshop, Containable Luxury will bear all transportation costs.
7.1 The Purchaser acknowledges that the internal structure of the Containable Luxury is constructed from timber. It is understood that driving over potholes, rough terrain, or into steep sloping areas poses a risk to the container home, for which the Purchaser assumes responsibility. While adhering to recommended speed limits, we advise that speeds do not exceed 100km/h when transporting on a highway.
7.2 The Purchaser is responsible for installing and carrying out the post-completion tasks outlined in the delivery and installation guide, at their own expense.
7.3 Containable Luxury retains the right to utilize images of the product, including photos, construction photos, plans, designs, videos, and others.
8.1 This Agreement represents the entire understanding between the parties regarding the subject matter herein and the anticipated transactions, superseding any prior agreements or arrangements, if any, on the same subject matter and transactions.
8.2 Any notice required under this Agreement must be in written form and delivered, emailed, faxed, or sent by prepaid registered mail to the designated party at the address provided above. Such notice will be considered delivered on the day of physical delivery or on the day it is sent via email or fax.
8.3 This Agreement may be executed in one or more copies, each of which, when executed, will be considered an original, and all such copies together will constitute a single instrument.
8.4 If any provision of this Agreement is determined to be invalid or unenforceable, it will only be deemed so in the specific jurisdiction where such determination is made and will not affect the validity or enforceability of that provision in any other jurisdiction or any other provisions of this Agreement.
8.5 The parties commit to resolving any disputes related to this Agreement or its execution through amicable negotiations.
8.6 Any dispute, controversy, or claim arising from or connected with this Agreement, including issues regarding its existence, validity, or termination, will be resolved through mediation following VCAT Victorian Civil and Administrative Tribunal.
8.7 If the dispute remains unresolved as per the mentioned Rules for a period of 60 days following the written mediation invitation or any other mutually agreed-upon timeframe, the arbitration proceedings will be held in Melbourne, Australia.
Date: _____________________________
Containable Luxury Representative: Bobby Stojanovski
Signature: __________________________________________
Purchaser Name: ____________________________________
Signature: __________________________________________
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