1. Payment, Cancellations, Deposits.
You the customer (Customer) agree to pay SQPODS in accordance Payment, Cancellations, Deposits terms and conditions:
• Payment for stock ready for despatch at time of order:
✔ Full payment before the SQPOD order is despatched
• Payment if unable to dispatch at customer’s request:
✔ Payment will be made to cover a min of 90% of the order
✔ Failure may result at the Seller discretion a refund less a restocking fee of 10%
• Payment if a SQPOD had to be ordered
✔ 10% at time of order, then
✔ 30% two weeks after placement of order
✔ 50% 5 weeks ship prior to ship of the full order is required prior to dispatch.
✔ 10% Final payment prior to despatch.
• If the order is cancelled or terminate before full payment a restocking fee of 10% will apply.
• Failure to comply with the Payment Terms will result in loss or exclusion of any promotional discounts offered by SQPODS as part of the Price (see below). Delayed Payment will also in the delayed shipment.
2. Shipping and Delivery.
- Freight and delivery are handled by 3rd party freight provider, the drivers will have final decision if access and site conditions are favourable to complete the delivery; if a second delivery is required because the site was not favourable, the customer may incur an additional fee.
- SQPODS delivery unless specific is at the cost of the purchaser, SQPODS charge out is based on a per Kilometre basis from the closest SQPOD authorised delivery agent; delivery cost will be confirmed with a quote. Delivery to your location unless arranged prior will only be within 20 meters of the front boundary.
- Crane truck can be arranged at the cost of the purchaser, lifting the SQPOD into position must be pre-arrange and confirmed with SQPODS, any holdup, delay will incur the purchaser an additional fee. Unless prior arranged a lift a max of 5-to-7-meter distance from the final placement of the truck. The lift cannot be completed over, under, through a structure, fence or another property either owned by the purchaser or a neighbour.
- A Small crane or Franna can be arranged at the cost of the purchaser, lifting the SQPOD into position must be pre-arrange and confirmed with SQPODS, any holdup, delay will incur the purchaser an additional cost. Unless prior arranged a lift a short distance from the final placement of the truck, the truck must have solid ground, the lift cannot be completed over, under, through a structure, fence or another property either owned by the purchaser or a neighbour without first arrange with detail specifics in writing to and a confirmation from SQPODS.
SQPODS will confirm delivery dates and times. Altered time frame for any reason, SQPODS cannot be held responsibility for delays in the shipping or delivery due Pandemic, Union action or other delays. Updates will be provided at all times of estimated delivery timelines.
3. Orders.
It is the Customer’s responsibility to ensure the purchased product meets local council rules and regulation. Any acceptance by SQPODS of a Customer’s order is based the Customer’s unconditional acceptance of SQPODS terms and conditions. Any customer adjustments to or changes of the SQPODS terms and conditions must be accepted by SQPODS in writing.
Customer hereby agrees their product order and related costs, The Customer confirms they have read and agreed to the SQPODS TERMS AND CONDITIONS.
Customer completely understands and agrees that SQPODS reserves the right to modify, adjust change, discontinue or substitute fixtures, fittings and materials. Customer understands and agrees purchase price paid does not include site preparation, foundation, or other materials or work product not specifically defined in the Order.
4. Prices and Quotations.
Unless specifically agreed to in advance by SQPOD, all Product prices shall be SQPOD’s list prices in effect at the time Customer’s Order is received (the “Price”). The Price does not include sales or other taxes, if applicable. In addition to the Price, Customer agrees to pay (either directly to the appropriate governmental entity or to SQPOD) any sales or other tax due under any applicable law.
5. DIY and Installation Services.
DIY requires Customer to complete the product installation themselves or to arrange a qualified contractor. The Customers is solely responsible for all approvals and permits and anything related to the installation including all work place safety rules. SQPODS accepts no responsibility or liability related to an installation by anyone engaged by the Customer. The Customer takes full responsibility for understanding the instructions and understands they can seek verbal assistance on the phone during the installation process from SQPODS. The Customer is is required to be adhered to installation instruction.
As part of the SQPOD customer services, a recommendation may be to seek help from a third-party contractor to complete the installation on your behalf, the customer confirms full responsibility for engaging and managing all third-party’s.
6. Delivery.
Any and all shipping, delivery, and installation dates are estimates only, and SQPOD does not guarantee that the Product will be shipped or delivered in accordance with such estimates. SQPOD may delay delivery of the Product without any liability therefore as a result of any delay caused by events outside SQPOD’s reasonable control including, but not limited to, work stoppages, labour difficulties, SQPOD’s inability to obtain necessary materials, components, labour, or manufacturing facilities, or anything else that would in any way impair SQPOD’s ability to deliver the Product in the quantities ordered at the prices quoted.
7. Shipment and Title.
Customer is deemed to have received the Product when Customer picks up the Product from SQPOD’s warehouses or upon delivery of the Product to Customer’s delivery address. SQPOD shall bear all risk of loss and casualty to the Product until such time as the Product has been received or deemed to have been received by Customer. Customer shall bear all risk of loss and casualty to the Product upon and after the Product has been received or deemed to have been received by Customer. If the Product is delivered to Customer’s delivery address, Customer is solely responsible for and will insure against loss or casualty incurred during and after the unloading process at such location. Customer is solely responsible to inspect the Product upon receipt for any visible damages incurred during shipping before signing off with the delivery service. If upon inspecting the shipment Customer notices visible damage, Customer is to notify SQPOD immediately. Adhering to freight law, SQPOD prohibits the rejection of any and all pieces, damaged or undamaged. In the event of concealed damage, Customer is to notify SQPOD at first opportunity.
Upon signing the delivery papers by Customer or on Customer’s behalf, Customer is solely responsible for the Product and any and all costs associated with the Product with the exception of concealed damage.
8. Limited Warranty.
SQPOD stands by a manufacturer’s warranty to the original purchaser of the Product that, should there be any defects in the material or workmanship during the initial 5 years (sixty months) from Customer’s receipt of the Product, SQPOD will either repair or replace the covered defects. Customer must notify SQPOD of any claim of defects in the material or workmanship within five (5) years after Customer’s invoice/receipt of the Product. Said notice must be in writing, set forth specifically the basis for the claim, and include sufficient photographs of the defect(s). The failure to satisfy the requirements above will constitute irrevocable acceptance of the Product. This warranty gives Customer specific legal rights. (Customer may also have other rights which may vary from state to state or country). Failure to follow the Instructions or any related given information, and any abuse or misuse of the Product including unauthorized alterations, will void this Limited Warranty.
The Product must be completely painted or sealed, within six (6) weeks of Customer’s receipt of the Product, using a minimum 3 coat system (Minimum of 1 coat primer/sealer and 2 topcoats) on any timber surfaces including, but not limited to, Doors, Windows, Walls, and Facade components, and the LRV value of the external paint, varnish or stain must be 40% or higher for this Limited Warranty to apply.
SQPOD is not responsible for damage caused by the location of the Product on or over inappropriate soils or terrain or by the use of improper replacement parts. SQPOD assumes no responsibility and expressly disclaims all liabilities for damages due to misuse, neglect, improper maintenance or adjustments, and normal wear and tear of the Product. SQPOD accepts no responsibility or liability related to DIY or third-party installation. Customer is solely responsible for complying with all applicable building and safety codes in the installation of the Product. The DIY kitset is supplied to the customer with full instructions these instructions are expected to be adhered to completely. No responsibility will be taken for misapprehended or disregarded instructions. SQPOD reserves the right to change and/or improve the design and/or specifications of the Product without notice or obligation to modify previously produced units. No installation or other instructions, advice, Product information, or marketing materials, whether oral or written, obtained by Customer at any time from SQPOD or any vendor or retailer of SQPOD Products shall create any SQPOD express warranty not expressly stated in this Section.
SQPOD MAKES NO EXPRESS WARRANTIES EXCEPT AS STATED IN THIS SECTION. ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL TERMINATE ONE THOUSAND EIGHT HUNDERD AND TWENTY-FIVE (1,825) DAYS FROM CUSTOMER’S RECEIPT OF THE PRODUCT.
9. Indemnification.
Customer agrees to defend, with counsel approved by SQPOD, all actions against SQPOD, its officers, directors, managers, shareholders, members, employees, agents, beneficiaries, successors, and other representatives (the “Indemnified Parties”) with respect to, and to pay, protect, and indemnify and save harmless all Indemnified Parties from and against, any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands, or judgments of any nature arising from or relating to the injury to or death of any person, or damage to or loss of property, caused by or incurred in connection with Customer’s use or misuse of the Product.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SQPOD BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE THESE TERMS AND CONDITIONS OR CUSTOMER’S PURCHASE OF PRODUCT (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), EVEN IF SQPOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE SQPOD’S AGGREGATE LIABILITY WHETHER IN CONTRACT, WARRANTY, OR TORT, INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, EXCEED THE PRICE PAID BY CUSTOMER TO SQPOD.
(Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to Customer, and Customer may have additional rights to those contained herein. In such states, SQPOD’s liability is limited to the greatest extent permitted by law.)
10. Trademarks and Trade Names.
Customer acknowledges and agrees that all brand names, trade names, and trademarks incorporated onto or associated with the Product (collectively, the “Marks”) purchased hereunder are the exclusive property of SQPOD and that Customer shall not acquire any rights in any of the Marks by purchasing the Product. Customer shall not make any use of the Marks at any time except as otherwise authorised by SQPOD in writing.
11. Proprietary Information/Nondisclosure.
Customer acknowledges and agrees that any knowledge or information, including drawings, designs, specifications, plans, and data, that SQPOD may have disclosed or may hereafter disclose to Customer incident to the placing and filling of an Order shall, at all times, remain the exclusive property of SQPOD, and Customer shall acquire no interest in, or right with respect to, such proprietary information unless otherwise stated in writing by SQPOD. Customer further acknowledges and agrees that such proprietary information constitutes valuable, special, and unique business assets of SQPOD and that Customer shall not now or at any time in the future use any such information in any manner or disclose any such information to any person or entity, except as expressly permitted in writing by SQPOD.
12. No Waiver.
No waiver of any provision of these terms and conditions or delay by either party in enforcement of any right hereunder shall be construed as a continuing waiver or create an expectation of non-enforcement of that or any other provision or right.
13. Severability.
In the event any provision herein should be held unenforceable by a court of competent jurisdiction, such court is hereby authorized to amend such provision so that it will be enforceable to the fullest extent permitted by law, and all remaining provisions shall continue in full force without being affected, impaired, or invalidated thereby in any way.
14. No Assignment.
Customer agrees that Customer may not assign or transfer any of Customer’s rights arising out of or related to these terms and conditions or Customer’s purchase of Product.
15. Attorneys Fees.
Customer agrees that if Customer fails to timely pay to SQPODs any sums due hereunder and SQPODs sues to collect such sums, Customer will be liable for reasonable fees, including but limited to collection fees and any attorney’s fees, so incurred by SQPODs.
16. Usage and Purposes.
These Sheds have many amazing uses and customers use them for an array of purposes. It’s the customers sole responsibility to ensure all uses are covered by their local health and safety and council body laws and permits.
17. Associated Companies.
These Terms and Conditions relate to SQPOD New Zealand and SQPOD Australia, including their associated companies.
18. Returns and Refunds.
Due to the nature of the kitset cabins, SQPOD does not except refunds due to change of mind or circumstances. If you have a change of heart before the shipping of your order, please reach out to our customer service team for a full store credit as no refunds will be offered unless required by law.
Disclaimer
While we do our very best to make sure all the information we provide on our website is accurate and up to date, and we can’t be held liable for any mistakes or errors that may be present, we will do our best to make sure that any errors are corrected as soon as they are brought to our attention.