Order Agreement

PLACING ORDER
  • All orders for goods and/or services required from Space Haven must be in writing. It is solely the Customer’s obligation to ensure that all goods and services set out in the quotation and/or invoice conform with any specifications and requirements issued for the structure in which the goods are to be installed prior to placing an order.
  • All variations to the order must be made in writing and must be submitted prior to the final installment.
  • Once the initial deposit has been signed for or confirmed in writing and required payment is made, the order is deemed as placed. No cancellations or refunds after initial deposit.
  • Once the first installment is signed and confirmed as correct and paid for, it is deemed as placed in production at which point no changes or cancellations are allowed. No changes or cancellations after order is in production. In the rare event in which order can be amended for a change fee.
  • Space Haven reserves the right to cancel any order at any time, without refunds, if a customer is found to be acting in bad faith. This includes, but is not limited to, the misuse or unauthorised use of intellectual property for external purposes without written permission.
  • The Customer may not cancel any order, whether in full or in part, without the written consent of Space Haven (the Supplier). The Customer must pay the Supplier for any product manufactured, materials ordered and work completed as at the date of cancellation.
    QUOTES
    • All quotations provided by the Supplier are subject to these Terms and Conditions.
    • Unless otherwise noted, all quotations are valid for 30 days from the day of issue.
    • The Customer must provide any relevant specifications relating to the building in accordance with the
    current Australian Standard.
    • All quotations provided by the Supplier are strictly based on the details specified in that quotation and must be confirmed and verified by the Customer prior to accepting the order invoice. Any changes to these requirements may incur additional charges and extended time for delivery.
    • Images and/or renders in quotation may not be accurate or reflect standard inclusions.
    • The Supplier will not accept any responsibility for inaccuracy of supplied information by the Customer including any schedules, plans, drawings and provided dimensions for the product to be supplied.
    • The commencement of all works by the Supplier identified in the quotation are subject to the availability of materials to the Supplier and no responsibility will be accepted by the Supplier for delays or inability to complete the order due to situations beyond the Supplier’s control.
    • Space Haven will not be liable for any take-off quoting errors.
DELIVERY AND PICKUP
  • Delivery of goods shall be deemed to occur when they are delivered to the premises or site nominated by the customer and the goods will thereafter be at the customers’ risk.
  • In case where price includes delivery of the goods, the Supplier will arrange delivery in the manner nominated by the Supplier.
  • Any period or date for delivery nominated by the Supplier is intended as an estimate only and is not a contractual commitment.
  • The Supplier will not be liable for any loss or damage to the goods after the delivery to the Customer. e. The Customer will accept delivery of the goods on the agreed date promptly and will be responsible for any attempted delivery, re-delivery or storage charges incurred by the Supplier in the event of mis- delivery. Unloading delivery and handling is not included and may incur additional costs and fees.
  • The Supplier reserves the right to make a partial delivery of any order and is entitled to invoice the Customer for the goods delivered.
  • Protection and insurance of the goods delivered will not be a responsibility of the Supplier from the time of delivery.
  • The Customer agrees to notify the Supplier of any damage or discrepancy as soon as practically possible once the delivery has been made. Inspection of the good delivered and subsequent notification of any visual defects must be advised within 24 hours of delivery in writing to be valid.
  • For pick up collections, customer will arrange adequate assistance to be able to safely load and secure the items. As soon as the product is being handles by the customer, Space Haven does not carry liability of any damage or issues caused during loading or transportation.

• Completed product must be collected within 3 working days of the advised completion date to avoid daily storage fee of $100.00 +GST – unless otherwise agreed in writing by both parties. 

• It is customer’s responsibility to ensure that the goods being unloaded from provided method of transport by at least 2 people, the goods are correct, complete and damage free. Once customer accepts the goods, Space Haven does not carry any liability. 

• Delivery dates are confirmed 2-3 days prior and must be accepted on advised date to avoid re-delivery charges and daily storage fees of $100 +GST. Unless otherwise agreed in writing by both parties. 

• Cancellation of confirmed delivery date by customer will result in re-delivery charges and $100 +GST daily storage. Unless otherwise agreed in writing by both parties. 

OWNERSHIP RISK AND LIABILITY 
  • The Customer acknowledges that the ownership of the goods will remain with the Supplier until the full payment for these goods has been made and receipt of such payment has been confirmed.
  • The Customer must maintain the goods in good and serviceable condition, secure from risk, damage or theft and where applicable insured from such risks.
  • The Customer must not charge, mortgage, assign, transfer or otherwise deal with the goods or its right to the services other than in the ordinary course of the business by the Customer.
WARRANTY
• The benefits covered in the warranties are in addition to the standard rights and remedies in respect of the goods and services which the Customer is entitled to under the Consumer Guarantees covered by the Trade Practices Act and similar State and Territory laws.
• Space Haven guarantees the product/s supplied against defect arising from faulty workmanship or materials for a period of 3 years from date of delivery. This does not apply to glass as it is supplied by a third party supplier who does not provide warranty on scratches, reaction or exposure to chemicals, breakage or combustion. As well as reaction caused by incorrect cleaning products.
• Space Haven guarantees that all services will be provided with due care and skill.
• The warranties are valid if the following conditions are complied with:
1. The product is installed and maintained with the manufacturer’s and relevant industry association’s
recommendation and has not been subject to misuse, abuse or neglect.
2. Aluminium product surfaces that have been powder coated are not warranted against colour fading due to normal weather conditions, which would normally cause any coloured surface to fade or darken gradually with time.
3. Full payment for the product has been received by the Supplier for the entire order in question.
• If the goods are determined not to be defective by the Supplier, or any defect is attributable to circumstances outside of the Supplier’s control, in this case the warranty and obligation by the Supplier are waived. Examples of such circumstances include but are not limited to:
4. Use of goods for purposes other than the intended use;
5. The installation, repair, alteration or modification of the goods by a party other than the Supplier.
6. Misuse, abuse, neglect or accident; Ordinary wear and tear; v. Goods have not been stored, handled or
maintained as prescribed.
• Manufacturing standards and tolerances are not deemed defects, nor are industry variations in the colour of aluminium and timber.
• This guarantee is limited to the repair or replacement of the faulty product at the company’s discretion but does not extend to the installation or refinishing of a replacement product.
• Finish failures or corrosion of aluminium or other components due to environmental conditions such as air pollutants, acid rain or other corrosive substances are defects which have arose due to the conditions and are therefore not the responsibility of Space Haven.
• Corrosion, wear, or failure of standard components in seacoast applications (within 5km of coastal waters) is not covered under this warranty as deterioration is possible under climate conditions.
• Normal wear or discolouration of finishes including the tarnishing of brass is a result of conditions or applications and are therefore not the responsibility of Space Haven.
• Only repairs carried out by Space Haven personnel or authorised Space Haven agents are covered by this guarantee.
• Moving parts which wear out due to normal use are warranted for one year. For additional warranty refer to hardware manufacturer.
  • Standard powder coated finish is warranted for 3 years.
  • Claims under this warranty must be made within one month of the defect arising in the product. Copies of proof of purchase documents must be included with a written claim and forwarded to the Supplier.
  • The Supplier is under no obligation under this warranty if the Customer has failed to adhere to the payment terms for any goods or services provided by the Supplier.
  • In case where the Supplier is supplying goods manufactured by third parties, the Customer agrees that the Supplier does not accept responsibility for manufacturer’s warranty or any claim arising from the use of the goods whether on their own or in combination with other products.
  • Supplier’s liability is limited to the sum of the original invoice of the goods in concern.
PAYMENT TERMS

• In no circumstances can the Customer withhold payment due to not being paid by other parties or having monies withheld or awaiting release as well as for other reasons. When placing the order customer agrees to all payment terms unless otherwise agreed in writing by the Supplier. 

  • Standard payment terms, unless otherwise agreed in writing, are as follows:
  • Initial deposit of 20% (inc. GST)
  • A deposit of 40% (inc. GST) is required before the order is placed in production. Full payment is required
    on completion of production before delivery of order. Additional progress payments may incur for the release of permit drawings and engineering documentation. We incur significant costs in preparing and coordinating the delivery of your order.
  • Preliminary drawings are not to scale and 3 design revisions are included. Additional revisions will incur a cost of $250 (inc. GST) per revision. Changes or modifications once document is signed will incur addition costs and fees. All copyright, design rights and intellectual property rights existing in our designs and products and in the images, texts and design of our website/marketing material are and will remain the property of Space Haven. We will treat any infringement of these rights seriously.
  • In the event where payment has not been received in full and goods have been delivered to customer in error, and customer chooses not to finalise the outstanding balance within the required and communicated timeframe, Space Haven reserves the right to either collect the goods and or involve a debt collection agency to recover the owing moneys. Once the outstanding balance is referred to a debt collection agency, the customer becomes liable for any fees associated with recovering the outstanding debt.
INDEMNITY

• Space Haven will not be liable for and the Customer indemnifies and keeps Space Haven indemnified against any claim, loss or damage to any person or property directly or indirectly arising from the use or operation of the goods by other than the Supplier.

PRODUCT VARIATION
  • The Supplier reserves the right to supply goods of more recent design as long as the cost is no higher than the agreed price and its performance equals or exceeds the performance of goods originally specified.
  • The Supplier will not cover any third-party materials or external costs unless they are included or specifically mentioned agreed in writing by the Supplier. On-site groundwork, installation and assembly of components is not included. Galvanised Steel Purlin Floor System Base, interior paint, exterior paint or flooring base are not included unless clearly specified on the order invoice.
TRANSFER
  • • This agreement cannot be transferred or assigned to another party without the Supplier’s written consent.
WAIVER OF CONDITIONS
  • • In case where the Supplier fails to insist upon exercise of any term or condition in this agreement, the agreement will not be deemed a waiver.
    • Any breach of any term or condition in this agreement will not be deemed a waiver.