Terms & Conditions

Effective Date: 01.07.2025

By using the SmartNest Homes website, submitting enquiries, or entering into a contract with SmartNest Homes, you agree to these Terms & Conditions.

1. Definitions

“Company” / “we” / “us” / “SmartNest Homes” refers to SmartNest Homes Pty Ltd
“Customer” / “you” / “your” refers to a person or entity who purchases, orders, or requests a quote for a fold-out container home.
“Home” / “Product” means the fold-out container home (e.g. HavenNest20, Luxury30) and any included components.
“Site” / “Location” means the property address where delivery/installation is to occur.
“Base Price” is the quoted price of the Home itself, excluding site works, installation, delivery, and permits.
“Site Works / Site Preparation / Installation” refers to all work required at the customer’s property to prepare for and complete installation of the Home (foundations, permits, services).

2. Quotation & Acceptance

Quotes provided are valid for 14 days unless otherwise stated.
A quote becomes binding once you accept and pay the required deposit.
We reserve the right to decline any order or quote.
We also reserve the right to adjust pricing for design changes, non-standard requests, or major increases in material or transport costs.

3. Deposit & Payments

A deposit of 10% of the 'Base Price + Freight and Transport To Site Cost' is required to commence production.
Progress payments may be required before key stages (manufacture, shipment, delivery).
50% of the remainder of 'Base Price + Freight and Transport To Site Cost' is due when production is complete and shipped from our manufacturer to the designated port in Australia.
Final payment of 'Base Price + Freight and Transport To Site Cost' is due at least 5 days prior to delivery/installation (unless otherwise agreed).
We accept payments via bank transfer.
Late payments may incur interest at 15 % per annum paid monthly.

4. Delivery, Site Works & Installation

Delivery, site preparation, and installation are not included in the Base Price.
We will provide a tailored delivery quote and coordinate site works/permits with licensed trades for your property.
You agree to grant access to the Site and remove obstructions prior to delivery.
If site conditions differ materially from what was disclosed (e.g. access restrictions, ground conditions), additional charges may apply.
You will inspect the Home upon delivery and note any visible damage; failure to do so may limit claims.

5. Changes, Cancellations & Refunds

Minor design or specification changes may be accommodated prior to manufacture, subject to cost adjustments.
Cancellations after production has begun will incur costs related to materials, labour, and transport — you may forfeit the deposit accordingly.
Once delivered and installed, cancellations or returns are not permitted.
Warranty and defect claims are governed by the Warranty section below, not by general returns.

6. Warranty & Defects

SmartNest Homes provides an express warranty covering;

3 years for major structural defects.

2 years for non-structural defects (e.g. finishes, fittings, and minor components).

This warranty applies under normal use and conditions.
The warranty does not cover:

Damage caused by misuse, neglect, unauthorised modifications, or natural disasters.

Issues resulting from improper installation if not performed by SmartNest Homes or our authorised trades.

You must notify us in writing of any defect within a reasonable time of discovery to make a claim.
Where valid, SmartNest Homes will repair or replace the defective part.
Our liability under this warranty is limited to repair or replacement of defective parts; we are not liable for consequential or indirect losses.
Australian Consumer Law (ACL):

This express warranty is in addition to your rights under the Australian Consumer Law and any statutory warranties implied by state building legislation.

Under the ACL, consumers are entitled to guarantees that cannot be excluded, including that goods are of acceptable quality and fit for purpose.

If your home fails to meet these guarantees, you are entitled to remedies under the ACL, even after our express warranty has expired.

Where valid, we will repair or replace defective parts.
Our liability is limited to repair or replacement; we are not liable for consequential damages or lost profits.

7. Risk & Title

Risk in the Home passes to you upon delivery and acceptance.
Title (ownership) remains with us until full payment is received.
Until title passes, you must not alter, sell, or encumber the Home without our written consent.

8. Intellectual Property

All designs, logos, renders, text, and images on the SmartNest homes site are our intellectual property, protected by copyright.
You may not use, copy, or reproduce them without our written permission.

9. Limitation of Liability

To the extent permitted by law, SmartNest Homes is not liable for:

Indirect or consequential damages (including loss of profit, revenue, or data).
Delays, losses, or damages outside our control (weather, transport disruptions, etc.).
Third-party acts or site conditions undisclosed to us.

Our aggregate liability is capped at the total amount you paid for the Home.

10. Force Majeure

We will not be liable for failure to perform (or delays) due to events beyond our control (e.g. natural disasters, government actions, supply chain disruptions). In such cases, we will resume obligations when feasible.

11. Governing Law & Dispute Resolution

These T&Cs are governed by the laws of Victoria, Australia.
You and we agree to attempt mediation or alternative dispute resolution before resorting to litigation.

12. Changes to Terms

We may revise these Terms & Conditions from time to time. The current version will always be published on our website with an updated Effective Date.