“Us”, “Our”, “We” and “Avatar Tiny Home”, refers to Avatar Prefabricated Modular House Pty Ltd. and/or all authorised dealers. “Products”, “Goods”, “Cabin”, “Manufactured Home”, “Caravan”, “Relocatable Home”, “Unit” and “Equipment” refers to any Avatar Prefabricated Modular House Pty Ltd.'s goods and products provided from time to time. “You”, “Your”, “Purchaser,” “Customers”, and “Customer” refers to you, our valued customer.

Avatar Tiny Home reserves the authority to update, alter, or eliminate sections of these Terms of Sale as necessary, with an intent to inform you about any significant modifications wherever feasible.
Our products are provided with assurances that are mandated by the Australian Consumer Law, which is subject to revisions over time. Should our products exhibit a significant defect, you are entitled to either a replacement or a refund. Furthermore, for products that don't meet acceptable quality standards and don't constitute a major failure, you have the right to have them repaired or replaced.

Please note that under this warranty, Avatar Tiny Home is not liable for indirect consequences, including but not limited to, loss of use, inconvenience, or damage to personal property, regardless of whether these arise from contract or tort actions. You acknowledge to hold us harmless for such occurrences. The sole remedy available to you in case of defects is the repair or replacement of the product. Our liability for any form of special, incidental, or consequential damages is expressly disclaimed, including any loss of income, with your agreement to indemnify us for such claims. Our maximum liability will not surpass the product's purchase cost under any circumstances.

 

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Warranty

 

​Avatar Tiny Home offers a comprehensive warranty for all Portable Buildings and Amenities Units sold. This warranty covers a three-year period for the structural steel frame and a three-year period for all fittings and fixtures. Should any of our products be found faulty within the specified warranty periods, Avatar Tiny Home retains the exclusive right to either repair or replace the defective components, based on our assessment. It is important to note that the warranty provided by Avatar Tiny Home for Portable Buildings and Amenities Units excludes any incidental costs associated with the repair or replacement of defective parts.

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Coverage

Avatar Tiny Home offers a comprehensive warranty for all Portable Buildings and Amenities Units sold. The warranty coverage includes the following:

• Structural Steel Frame: Covered for a period of three (3) years from the date of delivery.

• Fittings and Fixtures: Covered for a period of three (3) years from the date of delivery.

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Warranty Claims

In the event a product is found to be faulty within the specified warranty period, Avatar Tiny Home reserves the right to:

• Repair the defective component(s), or

• Replace the defective component(s) with new or refurbished parts of similar quality and function.

The method of resolution will be determined solely at the discretion of Avatar Tiny Home after assessing the fault.

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Exclusions

The warranty does not cover:

1. Incidental Costs: Any incidental costs incurred during the repair or replacement process, such as:

   • Transportation of the unit to and from the repair site.

   • Accommodation or travel expenses for technicians or customers.

   • Loss of use or income resulting from downtime of the unit.

2. Improper Use: Damages caused by misuse, neglect, modifications, or unauthorized repairs.

3. Wear and Tear: Normal wear and tear or cosmetic damages, including fading, scratches, or discoloration.

4. Environmental Factors: Damages resulting from natural disasters, extreme weather conditions, or other environmental factors beyond reasonable control.

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Warranty Process

To make a warranty claim, customers must:

1. Notify Avatar Tiny Home within a reasonable timeframe upon discovering the fault.

2. Provide proof of purchase and any relevant documentation, such as invoices or receipts.

3. Allow an inspection of the unit or provide photographic evidence to assist in the assessment of the issue.

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Limitations

This warranty is non-transferable and applies only to the original purchaser of the unit. Any additional warranties implied by law are limited to the duration of this warranty period.

Avatar Tiny Home will not be liable for any consequential or incidental damages resulting from the use, inability to use, or repair of the product.

Contact Information
For warranty claims or further inquiries, please contact us at:

• Email: info@avatartinyhome.com

• Phone: 1800 889 822

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By purchasing our products, you agree to the terms and conditions outlined in this warranty.

 

Liability Limitation Agreement

Acknowledgment and acceptance of the following is a fundamental condition: Avatar Tiny Home holds no legal or financial accountability for any losses, whether direct, indirect, consequential, or incidental, that may arise from the acquisition and application of our products. This encompasses, without limitation, losses related to the inability to use the product, revenue loss, inconvenience, or damage to personal possessions.

The responsibility for any decision based on information or materials provided by Avatar Tiny Home rests solely with you, and we bear no liability for any outcomes. It is your duty to verify that any products or services procured from us align with your specific needs.
We offer advice, recommendations, assistance, or services regarding our products in good faith, believing them to be accurate, relevant, and reliable at the time of issuance. Nonetheless, such guidance comes with no guarantee regarding its precision, suitability, or dependability, and we accept no liability for losses incurred due to reliance on these inputs.

Your decision to purchase our products and services implies your agreement to hold us harmless from any claims that surpass the protections mandated by Australian Consumer Law to which we are bound.

 

Payment Terms

Full settlement of the invoice amount is requisite for the release of any products sold by Avatar Tiny Home. Despite our efforts to accurately forecast product availability and delivery schedules, we reserve the right to adjust these based on payment timelines. Avatar Tiny Home is not liable for any customer inconvenience or loss due to payment postponements.
Avatar Tiny Home retains the right to amend payment conditions specified on the invoice. Acceptance of these terms confirms that invoice-specific payment conditions take precedence over any listed herein. The validity of quotes and invoices is confined to the period indicated and may be subject to alterations.

 

Payment Procedure for Customised Portable Buildings

Our Portable Buildings, tailored to order, come with a production timeline detailed on your invoice, which is subject to change. Accepting these terms indemnifies Avatar Tiny Home against any losses or claims stemming from unexpected production or delivery delays.
A deposit, whose amount and due date are specified on your invoice, is required to confirm your order. Progress payments, detailed on the invoice, must follow upon completion of production, with a 72-hour deadline post-notification. The final payment, outlined on your invoice, is due 14 days after notification of your order's dispatch. Non-compliance with these payment deadlines allows Avatar Tiny Home to reassign products to other customers, without liability for any resulting inconvenience or loss.

 

Payment Procedure for In Stock Products

Immediate full payment is necessary for in stock items, to allocate stock, including items currently out of stock. Non-fulfillment of this requirement permits Avatar Tiny Home to reallocate these products to other buyers. Successful payment guarantees allocation of the next available item, with Avatar Tiny Home not accountable for any inconvenience or loss due to payment delays.

 

Product Refunds:

Refunds for products, post-delivery, will be evaluated individually at our discretion. If a refund is approved:
a. You will bear any costs related to preparing the product for return.
b. Returned products must be in their original delivered condition.
c. You are responsible for all costs linked to the product's return.

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Cancellation and Modification Terms for Purchasers:

Should a cancellation occur post-receipt of a deposit for items from our standard inventory, Avatar Tiny Home reserves the authority to apply a cancellation or restocking fee, which amounts to 5% of the total bill. For items designated as 'modified or custom' within your provided invoice, cancellation will result in the forfeiture of the entire deposit.

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Order Variations:

Any changes or cancellations to your order, once agreed upon, may subject you to indemnify us for any resultant losses. This includes covering reasonable and any additional expenses stemming from the modification or cancellation of your order.

 

Delivery, Product Placement, and Storage Guidelines:

Avatar Tiny Home partners with a comprehensive network of transport providers across the nation to ensure our products are delivered efficiently to our customers. By agreeing to these terms, you acknowledge and agree to the following provisions:

1.    On-Site Requirements for Unloading
A forklift or crane must be available on-site for product unloading unless cost-sharing arrangements have been made beforehand. Failure to provide the necessary unloading equipment may result in additional charges for failed delivery attempts.

2.    Delivery Site Preparation:
It is the purchaser's responsibility to prepare the site for safe unloading. Additional fees may apply if the site conditions are deemed unsuitable for safe product delivery. Avatar Tiny Home cannot guarantee unloading in the exact location desired by the purchaser due to potential site constraints (e.g., surface conditions, incline, weather). Delivery is limited to the front of the property unless specific arrangements are made.

3.    Delivery Delays and Damage Reporting:
Avatar Tiny Home is not accountable for delays caused by our transport partners. Any damage to the product during transport must be reported within 48 hours of delivery.

4.    Collection and Storage Fees:
Purchasers can opt to collect their products directly from our warehouse locations, given 48-hour notice for scheduling. Missed collection slots will be rescheduled. Collections must adhere to our safety and responsibility guidelines. Unforeseen collection issues may incur additional charges. Products not collected as scheduled may be subject to storage fees, invoiced weekly.

5.    Product Installation and Compliance:
Installation of products is the purchaser's responsibility, including all associated costs and ensuring adherence to local laws and regulations. Installation guidelines provided by Avatar Tiny Home are to be used as a general guide; actual installation must be executed by licensed professionals, ensuring safety and compliance with local standards. The purchaser is responsible for obtaining necessary permits or approvals.

6.    Responsibility for Installation:
Specific tasks such as electrical connections, plumbing, and gas fittings must be carried out by licensed professionals. The purchaser bears all responsibility for installation and any resulting damages or compliance issues.
By accepting these terms, you confirm your understanding and agreement to these delivery, product placement, and storage guidelines, as well as the responsibilities pertaining to product installation and compliance with local regulations.

 

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Installation:

 

Unless specifically arranged with confirmed costs, it falls upon the Purchaser to manage the installation of all products bought from Avatar Tiny Home. This includes covering all installation costs and guaranteeing that the process complies with safety standards and any applicable local laws or regulations.

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By agreeing to these terms, you acknowledge that:

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1. Licensed professionals must be employed in line with local laws and regulations.

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2. You are responsible for ensuring the final installation meets all pertinent local laws or regulations.

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3. There may be slight inaccuracies in the installation guidelines provided by Avatar Tiny Home, which are subject to change. You are responsible for ensuring a safe installation process that adheres to local laws or regulations, including all associated costs.

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4. The installation instructions from Avatar Tiny Home serve as a guide only. They should be followed in combination with safe working practices, and installation should be executed by a certified tradesperson in strict compliance with local laws and regulations.

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5. All expenses related to obtaining council permits or approvals are your responsibility.

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6. Avatar Tiny Home disclaims any liability for injuries or damages caused by its customers or third-party contractors during the installation or use of its products. You agree to indemnify us against any claims or losses related to such incidents.

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7. Avatar Tiny Home will not cover any extra costs to ensure that products, once installed by customers, adhere to all relevant laws or regulations.

 

8. You agree to indemnify us against any claims or losses regarding product compliance.

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Terms and Conditions Acknowledgment

Upon agreeing to these terms and conditions, you, the Purchaser, confirm your understanding and agreement to the following:

1.    Legal and Regulatory Compliance:
It's your responsibility to ensure compliance with all applicable laws, local council guidelines, and state legislation regarding the placement and use of our products.

2.    Liability for Penalties:
Avatar Tiny Home will not be liable for any penalties imposed on you by any councils, government entities, or other agencies due to non-compliance.

3.    Responsibility for Information Accuracy:
Any charges incurred due to incorrect or insufficient information provided by you will be your responsibility.

4.    Third-Party Links and Endorsements:
We occasionally provide third-party links for convenience, without implying endorsement. We are not responsible for the content or actions of these third-party sites.

5.    Product Assembly Requirements:
Some products may require assembly to achieve the advertised condition, which is your responsibility.

6.    Awareness of Product Specifications:
You are responsible for understanding the product's specifications, including weight and towing requirements, if applicable.

7.    Terms Modification:
Any changes to these terms must be agreed upon in writing between Avatar Tiny Home and you.

8.    Force Majeure Clause:
In events beyond our control that prevent product delivery, we are relieved from obligations until such circumstances are resolved, potentially leading to order termination or suspension.

9.    Breach of Terms:
Non-compliance with these terms, including failure to make payment, may lead to withholding of products and forfeiture of payments made.

10.    Validity of Quotes and Marketing Material:
All quotes are valid for the period stated, and marketing materials should be used as a guide, with the understanding that product specifics may change.

11.    Indemnification Agreement
You agree to indemnify Avatar Tiny Home, its employees, and agents from any claims or legal actions, protecting us from losses related to product supply or the content of these terms.

12.    Intellectual Property Rights
You acknowledge Avatar Tiny Home's exclusive ownership of all intellectual property associated with our products and agree not to challenge this ownership.

13.    Legal Jurisdiction
This agreement is governed by Victoria law, and any disputes will be resolved in the jurisdiction of Victoria courts.

14. Clause on Unenforceable Terms
Should any term be found unenforceable, it will not affect the enforceability of the remaining terms.

15. Title and Risk
Title and risk transfer to you upon product delivery or pick-up, but ownership is contingent upon full payment.

16. Miscellaneous Provisions
•    Advice and Information: Our advice is provided in good faith without any warranty for accuracy or applicability.
•    Severability: The invalidity of any term does not affect the validity of the remaining terms.
•    Waiver: Delayed exercise of rights under these terms does not constitute a waiver of those rights.

By making a payment, you acknowledge having read, understood, and accepted these terms and conditions in their entirety.

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