Terms of Sale

These Terms of Sale ("Terms") govern the supply of products and services by SmartShift Homes Pty Ltd ("SmartShift", "we", "us", "our") to you ("Customer", "you", "your").

These Terms, together with your signed quote, sales order or invoice, form the contract between you and SmartShift. If there is any inconsistency, the signed quote or order prevails over these Terms.

We may update these Terms from time to time. The version applicable to your order is the one in effect on the date your deposit is received. The current version and last-updated date are shown at the top of this page.

"Goods" means the unit, modules, accessories and any associated items described in your quote or sales order.

"Services" means any delivery, installation, site works or other services we agree in writing to provide.

"Price" means the total price payable for the Goods and Services as set out in your quote, including GST unless stated otherwise.

"Delivery" means the physical delivery of the Goods to the address nominated in your sales order, or collection by you from our depot, as applicable.

"ACL" means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

A binding contract is formed when you pay the deposit specified in your quote, or when you sign and return the sales order — whichever happens first. Payment of the deposit constitutes acceptance of the quote and these Terms.

Until acceptance, any quote we issue is an invitation to treat and not a binding offer. We reserve the right to withdraw or amend a quote prior to acceptance.

You confirm that you have the legal authority to enter into this contract and, where you are buying on behalf of another person or entity, that you are authorised to bind them.

Quotes are valid for 30 days from the date of issue unless otherwise stated. After 30 days, prices may change to reflect movements in materials, labour, freight or currency.

Unless expressly stated otherwise, prices are inclusive of GST at the prevailing rate. Where GST is not applicable to a particular item (for example, certain export sales), this will be noted on the quote.

Delivery, installation, site works, council fees, surveyor fees and connection of services (power, water, sewer or gas) are not included in the unit price unless specifically itemised on your quote.

Any indicative finance figures published on our website (such as weekly repayments) are illustrative only. Actual finance terms are issued by a licensed broker or lender and depend on your individual assessment.

A non-refundable deposit (typically 20% of the Price) is payable on acceptance. The deposit secures your build slot and authorises us to commence procurement and engineering.

A progress payment may be required when manufacture commences, with the balance payable prior to dispatch or release from our depot. The exact schedule is set out on your sales order.

All payments are made by direct bank transfer in Australian dollars. Card and digital-wallet payments may attract a surcharge equal to the merchant fee we incur.

Late payments accrue interest at the rate of 2% above the Reserve Bank of Australia cash rate, calculated daily from the due date. We may suspend or delay manufacture, dispatch or delivery while payments remain overdue.

Any variation to the Goods or Services after the contract is formed must be agreed in writing and signed by both parties before we proceed.

Variations may affect the Price, the lead time and the warranty. We will provide a revised quote setting out the change in scope, cost and timeline. A variation is binding only when you accept the revised quote.

Once a variation has been accepted, costs incurred up to the point of acceptance — including non-returnable materials, custom components and labour expended — are payable in full whether or not the variation proceeds.

Indicative lead time for made-to-order units is 12–14 weeks from receipt of deposit and finalised configuration, subject to component availability and shipping schedules.

Dates we quote for manufacture and delivery are estimates only and are not of the essence. We will not be liable for any loss or damage suffered as a result of delays, except to the extent caused by our wilful default.

We will keep you informed of any material change to the estimated delivery window. If a delay exceeds 90 days beyond the original estimate and is not caused by you or a force majeure event, you may cancel the order for a refund of all monies paid less reasonable costs incurred to that point.

Risk in the Goods passes to you on Delivery. Title in the Goods remains with SmartShift until the Price has been paid in full. Until then we retain a security interest in the Goods which we may register on the Personal Property Securities Register (PPSR).

You must inspect the Goods on Delivery and within 7 days notify us in writing of any visible damage, shortfall or non-conformity. Goods not rejected in that window are deemed accepted.

You are responsible for arranging insurance over the Goods from the moment risk passes.

You are responsible, at your own cost, for ensuring the delivery and installation site is ready prior to Delivery — including legal access, vehicle access, ground preparation, foundations or piers as specified, and any necessary tree clearing or earthworks.

You are responsible for obtaining all council approvals, permits, easements and consents that apply to your site. Refer to our Council Info page for general guidance, but the legal responsibility rests with you.

Connection of services (mains power, water, sewer, gas, telecommunications) must be carried out by appropriately licensed tradespeople. Electrical connections must comply with AS/NZS 3000 and 3001; plumbing must be WaterMark-compliant.

Where we agree to provide installation services, the scope, price and timing will be set out separately. Standby time caused by site not being ready will be charged at our then-current hourly rate.

The Goods are made-to-order and custom-configured. A cooling-off period does not apply by default. Where a cooling-off right is mandated by the ACL or by another applicable law (for example, certain unsolicited consumer sales), that right is not affected by these Terms.

You may cancel the contract at any time prior to Delivery on written notice. On cancellation, we will refund all monies paid less: the non-refundable deposit, the cost of non-returnable materials ordered, custom components manufactured, labour expended, and a reasonable allowance for our administration and lost slot.

We may cancel the contract if you commit a material breach (including non-payment) and fail to remedy that breach within 14 days of receiving written notice. On such cancellation, all amounts paid by you up to that date are forfeited as liquidated damages, which the parties agree is a reasonable pre-estimate of our loss.

The Goods come with our 3-year structural warranty plus the full manufacturer warranties on supplied components (refer to our Warranty page for the complete schedule). These warranties are in addition to, and do not exclude or limit, the consumer guarantees under the ACL.

Our Goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

To the maximum extent permitted by law, our liability for breach of any consumer guarantee (other than those that cannot be limited) is limited, at our option, to repair, replacement, or refund of the Price.

To the maximum extent permitted by law, our aggregate liability to you under or in connection with the contract — whether in contract, tort (including negligence), under statute or otherwise — is capped at the total Price paid by you under the contract.

We are not liable for any indirect, consequential, incidental, special or punitive loss or damage, including loss of profits, loss of business opportunity, loss of rental income, loss of data, or business interruption.

You indemnify us against any loss, cost, damage, claim or expense we incur arising from: (a) your breach of these Terms; (b) your failure to obtain council approvals or comply with site obligations; (c) damage caused to the Goods after risk has passed; or (d) any claim by a third party arising from your use of the Goods.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be lawfully excluded.

Neither party is liable for any failure or delay in performing its obligations under the contract to the extent caused by an event beyond its reasonable control, including: natural disasters, fire, flood, storm, pandemic, war, civil unrest, terrorism, strikes, government action, shipping or port disruption, or failure of utilities or telecommunications.

The affected party must notify the other promptly and use reasonable efforts to mitigate the impact. Performance is suspended for the duration of the event. If the event continues for more than 90 days, either party may terminate the contract on written notice and we will refund any amounts paid less reasonable costs incurred to that point.

All intellectual property in our plans, drawings, configurations, brochures, photographs, marketing materials, website, software and trade marks remains the exclusive property of SmartShift (or its licensors). You do not acquire any rights in our intellectual property by virtue of purchasing the Goods.

You may not copy, reproduce, modify or distribute our intellectual property without our prior written consent, except as strictly necessary for council approval, building surveyor sign-off, conveyancing, insurance or the resale of your Goods.

We collect, use and disclose your personal information in accordance with our Privacy Policy, which forms part of these Terms by reference. By accepting these Terms you confirm that you have read and consent to the Privacy Policy.

Where you have requested finance through one of our broker partners, you authorise us to forward your contact details and the indicative deal size to that broker for the sole purpose of progressing your finance enquiry.

If a dispute arises, the parties must first attempt to resolve it in good faith by direct discussion. Either party may give written notice of a dispute, after which the parties must meet (in person or by phone or video) within 14 days.

If the dispute is not resolved within 30 days of the meeting, the parties may agree to refer the dispute to mediation through the Resolution Institute or another mutually agreed mediator before commencing legal proceedings.

Nothing in this section prevents either party from seeking urgent injunctive or interlocutory relief.

These Terms are governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia.

If any provision of these Terms is held to be invalid, illegal or unenforceable in any jurisdiction, the remaining provisions continue in full force and effect, and the invalid provision will be read down or severed to the minimum extent necessary.

Entire agreement: these Terms (together with the signed quote or sales order) constitute the entire agreement between the parties and supersede all prior representations and agreements.

Variation: these Terms may only be varied in writing signed by both parties.

Waiver: a failure or delay by us to exercise any right does not operate as a waiver of that right.

Assignment: you may not assign or transfer your rights under the contract without our prior written consent. We may assign or subcontract our rights or obligations to any party.

Notices: all notices must be in writing and sent to the email address or postal address last notified by the receiving party. Notices are deemed received on the next business day after sending.

Survival: clauses 08 (Risk and Title), 11 (Warranties), 12 (Liability), 14 (Intellectual property), 15 (Privacy), 16 (Disputes), 17 (Governing law) and this clause 18 survive termination or completion of the contract.