This Transportable Building Sales Contract (the "Contract") is entered into on this Date:______________ (the "Effective Date") by and between Elite Manufacturing, a company duly organised and existing under the laws of Australia with its principal place of business at 55 Sunter Road, Herbert, NT, 0836 (hereinafter referred to as "Seller"), and Client's Name:______________, an individual residing at Client's Address:______________(hereinafter referred to as "Buyer"), collectively referred to as the "Parties."
A. Seller is engaged in the business of manufacturing and selling transportable buildings of various models and specifications.
B. Buyer desires to purchase a transportable building from Seller, and Seller agrees to sell the same, subject to the terms and conditions set forth herein.
Now, therefore, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
a. Model: _____________
b. Specifications: The transportable building shall be constructed in accordance with the specifications provided in Exhibit A attached hereto.
a. Purchase Price: The Buyer agrees to pay a total purchase price of______________(the "Purchase Price") to Elite Manufacturing. The Purchase Price shall be inclusive of all taxes, duties, and any other applicable charges
b. Payment Schedule: The Buyer shall submit the full payment amount to Elite Manufacturing in one lump sum within seven days (7 days) from the Effective Date. Payment shall be made by Cash, Bank deposit, or EFT to the Seller's designated bank account as provided in writing.
a. Delivery Date: Elite Manufacturing agrees to deliver the transportable building to the Buyer within 90 days, sales from the Effective Date if negotiated in terms of sale. However, the Parties acknowledge that unforeseen circumstances beyond the control of the Seller, such as force majeure events, may affect the delivery timeline. In such cases, the Seller shall notify the Buyer promptly and make reasonable efforts to minimise any delays.
b. Delivery Location: The transportable building shall be delivered to the Buyer at the following address:______________ as negotiated in sale.
c. Free Freight: Applies to a 200km radius of Darwin, Adelaide, Brisbane, Sydney, Melbourne and Perth and Hobart only
d. Free Freight is only offered when a product can be shipped to the customer from the same city (for example: If a customer in Sydney purchases a Toilet Shower which is only in-stock in Brisbane, the customer is not eligible for free freight unless they wait for us to ship the item from the supplier directly into Sydney). We will include subsidised delivery for areas outside of the 200km zone, refer to Subsidised Freight Delivery of Goods below.
e. Subsidised Freight Delivery of Goods (inc Islands): We will subsidise freight outside of the 200km radius including islands such as Russel Island etc, speak to your Sales Rep for more clarification. Any additional freight charges will be provided at the time of a quote or shortly after
f. Customer Arranged Freight: All customers have the option to arrange their own freight, speak to your Sales Rep who may be able to offer you some compensation towards your own freight costs. Purchasers right to select and manage their own delivery cost, Elite Manufacturing require a minimum of 48-hours’ notice prior to the purchaser arranged freight collection
g. Delivery: When your order is dispatched, we will send you an email detailing the courier or freight company name, and an approximate delivery date. We are not responsible for any additional fees/permits/costs/charges that are imposed by the delivery location.
h. Unloading At Destination: Unless pre-arranged and cost agreed, the purchaser may have to be required to have a forklift on site and is responsible for unloading. The purchaser may be charged for a failed delivery if suitable equipment is not available on site for unloading. Elite Manufacturing is not responsible for any delivery delays once your items have been collected by a transport company.
i. Product placement: We only allow for the product to be placed within 20 metres of an accessible, unobstructed entry, suitable for the vehicle delivering the product. Unless agreed to in writing prior to dispatch our delivery services do not include lifting over, under, into or onto any structures, placing in or on a specific location like foundations or footings. Charges may be incurred by the purchaser due to unsuitable site conditions, e.g. preparation, weather, off loading delays, etc. It is the purchaser’s responsibility to ensure the delivery site is clear, easily accessible and a forklift is available for unloading if required. Delivery denied once approved by the purchaser may incur a fee payable by the purchaser. Incorrect delivery information resulting in freight delays may incur a fee payable by the purchaser.
j. Special Requirements for Larger Mobile Homes: Delivery is by semi-trailer. The Mobile Home is to be lifted off by the customer at the final destination unless pre-arranged.
k. Defects And Items Damaged In Transit: If any items arrive with defects or damage the purchaser must notify us within 3 days of delivery by phone on 0488460400 or email on admin@elitemanufacturing.com.au and provide details with images. Once your notification has been received and verified, a representative will be in contact to assist.
a. Title: The title to the transportable building shall transfer to the Buyer upon receipt of the full payment by Elite Manufacturing.
b. Risk of Loss: Elite Manufacturing shall bear the risk of loss or damage to the transportable building until it is delivered, and title is transferred to the Buyer. The Buyer shall inspect the transportable building upon delivery and promptly notify the Seller of any visible damages or discrepancies within 24 hours of delivery.
a. Seller's Warranty: Elite Manufacturing warrants that the transportable building, including its components and materials, shall be free from defects in material and workmanship for a period of twelve months from the delivery date. If any defects are identified within the warranty period, the Seller shall, at its option, repair or replace the defective parts or components.
b. Limitations: The warranty shall not cover damages or defects arising from misuse, negligence, unauthorised modifications, natural disasters, or any other causes beyond the Seller's control.
c. Warranty replacement does not include disposal of fixtures and fittings, termination and re- connection of services, removal or replacement of furniture.
d. Delivery of replacement items will be in accordance with our standard Delivery Of Goods policy.
e. The warranty will be void if any modifications are made to the Mobile Home that have or could have impacted a warranty claim. All modifications are at the risk and responsibility of the Purchaser.
f. Finishes warranty may be void if Mobile Homes are placed too close to bodies of salt water, or the Mobile Home is directly affected by salt water
a. The Buyer acknowledges and agrees that the Purchase Price paid to Elite Manufacturing is non-refundable. In the event of cancellation by the Buyer for any reason, the Buyer shall not be entitled to any refund of the Purchase Price. However, Elite Manufacturing may, at its sole discretion, consider alternative arrangements or solutions in such cases.
a. Ownership: All intellectual property rights, including copyrights, trademarks, patents, and trade secrets associated with the transportable building and any related designs, plans, or documentation, shall remain the exclusive property of Elite Manufacturing.
b. Use and Restrictions: The Buyer shall not reproduce, modify, distribute, or disclose any of the Seller's intellectual property without prior written consent. The Buyer shall not claim any ownership rights or create derivative works based on the Seller's intellectual property.
The Buyer agrees to indemnify and hold Elite Manufacturing, its officers, directors, employees, and agents harmless from any claims, damages, losses, or liabilities arising out of the use, operation, or maintenance of the transportable building after the delivery date. This indemnification shall include, but not be limited to, any claims arising from personal injury, property damage, or violation of any laws or regulations.
9. Compliance with Laws and RegulationsThe Buyer shall comply with all applicable laws, regulations, permits, and licenses governing the purchase, installation, and use of the transportable building. The Buyer shall be solely responsible for obtaining any necessary approvals or permits required by local authorities.
a. Exclusion: Elite Manufacturing shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with this Contract, including but not limited to loss of profits, loss of business opportunities, or loss of data, even if the Seller has been advised of the possibility of such damages.
b. Total Liability: The maximum liability of Elite Manufacturing under this Contract, whether in contract, tort, or otherwise, shall be limited to the total amount paid by the Buyer to Elite Manufacturing for the purchase of the transportable building.
The Buyer shall be responsible for obtaining adequate insurance coverage to protect the transportable building against loss, theft, damage, or any other risks during transportation and upon delivery. The Buyer shall provide proof of insurance to Elite Manufacturing upon request.
a. Negotiation: In the event of any dispute, controversy, or claim arising out of or relating to this Contract, the Parties shall first attempt to resolve the matter amicably through good-faith negotiations.
b. Mediation: If the dispute cannot be resolved through negotiation, the Parties agree to submit the dispute to mediation administered by a mutually agreed-upon mediator. The mediation shall take place within 60 days from the date of written notice of the dispute
c. Arbitration: If mediation fails to resolve the dispute within a reasonable time, the dispute shall be finally settled by binding arbitration in accordance with the rules of Australian law. The arbitration shall take place in Darwin, NT, and the language of the arbitration shall be English. The arbitrator's decision shall be enforceable in any court of competent jurisdiction.
d. Equitable Relief: Notwithstanding the foregoing, either Party may seek injunctive or other equitable relief in a court of competent jurisdiction to enforce its rights under this Contract without prior recourse to negotiation, mediation, or arbitration.
The Parties acknowledge that during the performance of this Contract, they may have access to confidential information belonging to the other Party. The Parties agree to keep such information confidential and not disclose it to any third party, except as required by law or with the prior written consent of the other Party.
The provisions of this Contract that, by their nature, should survive termination or expiration, including but not limited to clauses related to warranty, indemnification, limitation of liability, dispute resolution, and confidentiality, shall survive the termination or expiration of this Contract.
The Buyer shall not assign, transfer, or delegate any of its rights, obligations, or interests under this Contract without the prior written consent of Elite Manufacturing. Any attempted assignment without such consent shall be null and void.
The Parties agree that their relationship under this Contract is that of independent contractors, and nothing in this Contract shall be construed to create a partnership, joint venture, agency, or employment relationship between the Parties.
This Contract, including any exhibits or attachments hereto, constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, or representations, whether oral or written, relating to the subject matter hereof. No modification or amendment of this Contract shall be valid unless it is in writing and signed by both Parties
If any provision of this Contract is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The Parties shall make a good faith effort to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the Contract.
The failure of either Party to enforce any provision of this Contract shall not be deemed a waiver of future enforcement of that or any other provision. Any waiver of a provision of this Contract must be in writing and signed by the waiving Party.
All notices, requests, demands, or other communications required or permitted under this Contract shall be in writing and shall be deemed to have been duly given if delivered personally or sent by registered mail, postage prepaid, or by email to the addresses provided below:
Sales Representatives Name: ______________
Seller's Address:_55 Sunter Road, Herbert, NT, 0836______________
Email: _____________
Buyer's Name:______________
Buyer's Address:______________
Email:______________
By signing below, the Parties acknowledge that they have read and understood the terms and conditions of this Transportable Building Sales Contract and agree to be bound by its provisions.
Elite Manufacturing:
By: [Your Name]_____________
Signature: [Signature]______________Date: [Date]______________
Buyer:
By: [Client's Name]______________
Signature: [Signature]______________Date: [Date]______________