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Terms & Conditions

Delivery/Installation Site Access

Please refer to this page for Delivery information across Australia & DIY installation instructions


 

Lay-by Conditions & Interest-Free Terms

Please refer to this page for our Lay By and Interest-Free Terms

 

Change of Mind Policy

A Termination Fee of $500 will apply to any order cancellations.

 

Title and Risk

All goods sold remain our property until you have paid for them and have paid all other outstanding amounts due and payable to us. The risk in goods sold or supplied passes to you upon delivery to you or your agent.

 

Returns Policy

Except where goods delivered are not in accordance with your order or our specification, the return of goods for credit is at our absolute discretion. If we grant credits they may be subject to charges for handling or testing.

 

Liability and Exclusions

(a) We accept liability for physical damage to property to the extent that it was directly caused by our breach of contract or our negligence in connection with the performance of this Agreement, subject to a limit of $1 million per event or series of connected or similar events. Any other losses flowing from physical damage to property shall be limited.


(b) We accept liability, to the extent that it is directly caused by Our breach or Our negligence in connection with the performance of the product, for losses, costs, expenses or damage
(c) Our sole liability for loss or damage incurred in respect of goods and/or services supplied (or agreed to be supplied) shall be limited to: in the case of goods, at Our option, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired and:
in the case of services, at Our option, supplying the services again; or paying the cost of having the services supplied again.


(d) Any action by You against Us in relation to this Agreement must be commenced within 6 months after the cause of action has accrued. You agree that We have no liability to You in relation to an action commenced after this period.


(e) You indemnify Us and hold Us harmless against all loss, damage, proceedings, claims, costs and expenses howsoever caused arising directly or indirectly:
(i) out of Your possession, use or ownership (as applicable) of goods
(ii) from any unauthorised use of Our intellectual property; and
(iii) from our presence on your site, including our equipment, materials and personnel, except to the extent caused by
our negligence.
(f) If performance of any contract obligation by its normal means is prevented or delayed due to any cause beyond your or our reasonable control, that contract obligation (other than a payment obligation) will be suspended during the period affected by such cause.
(g) Failure by us to deliver goods or perform services by any time specified will not entitle you to terminate any agreement or make any claim against us.
(h) We will not be liable for any defect arising from fair wear and tear to the materials or equipment installed or used in relation to or in connection with the goods and/or services.
(i) We will not be liable for any shortage, loss, damaged goods or discrepancy unless you notify us in writing within 5 business days of receipt of goods by you or, if you prove to us that it was not reasonably possible to notify us within that timeframe, You notify us within 5 working days after you first became aware, or could reasonably be expected to have become aware, of the claim

 

Council Approval

Each council has different regulations regarding permits. If you require further information please contact your local council. My Cubby takes no responsibility regarding permits and placement of your cubby house.

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