PG Portable Homes Terms of Sale

1. If you repair/replace the fault/part prior to notifying us, we reserve the right to refuse reimbursement.
2. Complete the warranty form and required fields on the website www.pgportablehomes.com.au/warranty.
3. Warranties against defects
   1. We warrant that the structure of the Products is free from defects for a period of 12 months.
   2. We reserve the right to engage a local tradesperson or use our own technician to rectify any faults.
   3. We will repair and/or replace the faults, at no expense to you.
   4. If the product/s need to be returned to us for repair or replacement under your rights in the ACL, we will cover the reasonable costs of return. If the repair or replacement is not covered by the ACL or this warranty, you will be responsible for any return costs.
   5. We reserve the right to replace parts with similar quality and grade.
   6. We reserve the right to inspect the fault/damage and determine if the repair is to be made by PGPH.
   7. The warranty period will be void if:
      1. The Product/s have been majorly and/or structurally altered, modified, or repaired by another party, other than PG Portable Homes.
      2. We can’t discover any faults.
      3. Characteristics or variations that are considered acceptable within recognised industry standards and that do not make the product unsafe, unfit for purpose.
      4. The fault has arisen due to your, or any third party’s failure or neglect to maintain the Product.
      5. The Product has been subject to abnormal conditions, including, but not limited to, extreme environment conditions, flooding, fire, misuse, accident damage, hail and/or storms.
      6. The Product/s have been delivered, and the fault has risen after the 12 month period.
   8. The warranty does not cover normal wear and tear.
   9. We use components that have a third-party warranty by their supplier.
   10. Not limiting the automatic consumer guarantees, PG Portable Homes’ 12-month voluntary warranty period will start from your delivery/pick up date.
4. Set up of the Product/s You are responsible for the following (if applicable):
   1. A licenced electrician must be used to assess and connect the Product to mains power, to install and connect any light fittings, power points or light switches.
   2. A licenced plumber must be used to assess and connect the Product to sewer mains (if required). Council fees and approvals may apply to this.
   3. A licenced plumber must be used to connect the Product to water and grey waste.
   4. It is recommended to use experienced persons to assemble the Product/s. This includes but not limited to, levelling the trailer/base, folding out the sides, sealing the interior and exterior, fixing bathroom and kitchen in place, installing windows, locks, flashings, skirting boards and anything else reasonably required for the purpose of assembly.
   5. It is recommended to use experienced persons to complete the foundation work. This includes, marking, digging, concreting and anything else reasonably for the purpose of the foundation work.
   6. You are responsible for organising the assembly and foundation work for our products and for covering any associated costs, unless PGPH has agreed otherwise in writing.
   7. PG Portable Homes takes no responsibly or liability for any injury and/or damages from the actions of using third party or tradesmen at any point during the assembly or foundation work or use of the Products provided and you indemnify us in respect of any loss or claims in relation to this.
   8. It is recommended to check the foundations where the Products sit every six (6) to twelve (12) months for any movement/settlement and may need to be maintained.
   9. Under relevant State legislation, as in place from time to time you must have working smoke alarms in your Product in accordance with any fire safety laws. We recommend having one (1) smoke alarm in each bedroom and one (1) in the living area, it is your responsibility to seek the installation.
5. General Terms
   1. It is your responsibly to check your local council and State legislation regarding the use and occupancy of Our Product/s on your property, or any other property where you may keep the Products from time to time prior to purchasing Our Product/s, in the case where this is not sought until after purchasing all responsibility/loss will fall solely on yourself.
   2. You have satisfied yourself that Our Product is suitable for your intended purpose and location at the time of purchasing.
   3. We take no responsibly for any penalties incurred against you from council or any government bodies for the misuse or outcome of the Product.
   4. It is your responsibility to know the weights of the Product and the implications of the towing limits and breaking requirements of any vehicle towing the Product (if applicable).
   5. It is your responsibility to do your due diligence prior to ordering our product/s.
   6. We offer a Product that is manufactured in China. We check Our Product/s, in our Australian factory for major damage, although due to the price point and nature of our business, our Products may have imperfections and there could be damage in spots that cannot be inspected in our Australian factory. These imperfections will be disclosed to you and do not constitute a defect under the ACL unless they make the product unsafe or unfit.
   7. You have been given the opportunity to inspect our display models (and/or other Products) and you have accepted our Product to reassemble in a similar condition to our display Products and are satisfied with the visual representation.
   8. We take care to ensure the accuracy of our information, documents and correspondence. To the extent permitted by law, we are not responsible for loss you may suffer from any error or omission in such information unless that loss arises from our negligence, breach of contract or breach of the Australian Consumer Law.
   9. We are not responsible for any damage occurred to your Product/s via a subcontracted partner. This will be determined and assessed.
   10. You agree to comply with all laws, regulations and rules relating to your use of our website, your interactions with us, contractual agreement with us, quote, floor plan and placement of any orders with us.
   11. Any variations to these Terms of Sale, for Your order, must be agreed to by us in writing.
   12. You agree that all specifications for your order of the Products will be included in the quote and or agreement provided by us and you agree that the information provided in the quote and or agreement is accurate.
   13. You agree and acknowledge that we will rely on information provided by you in relation to your order for Products and any costs incurred by us in reliance on incorrect or inadequate information that may result in additional costs charged to you, which you will be liable for.
   14. PGPH may from time to time provide links, advertisements and information about other businesses for your convenience. This does not imply any sponsorship, endorsement, approval or an agreement between PGPH and those businesses. PGPH takes no responsibility for the actions/advice of said businesses.
6. Refunds
   1. Refunds of your Product(s), PGPH do not offer refunds/cancellations for change of mind. Refunds will be assessed on a case-by-case basis in accordance with your rights under the ACL. If we accept your request for a refund, it will be if:
      1. Major damage has occurred to product prior to delivery and is unrectifiable.
7. Deposit, Cancellations and Variations
   1. Once you have paid the required first payment, we take this as acceptance of our quote, floor plan, contractual agreement and your acceptance of these Terms of Sale and contract.
   2. Your required deposit amount will be shown in a payment schedule in a written agreement, with multiple payment schedules outlining payment time frames and are to be adhered to as set out in the signed contract.
   3. Once the first payment has been made, your order is considered confirmed and cannot be cancelled except:
      1. Where we agree in writing; or
      2. Where you have a right to cancel under the Australian Consumer Law (for example, in the case of a major failure).
   4. If we agree to a cancellation for reasons other than your ACL rights, we may deduct reasonable costs we have incurred up to the date of cancellation.
8. Payment Schedule
   1. Payment Process is set out by a case-by-case agreement and may differ:
      1. Deposit Paid: The Product/s is ordered and sent to the manufacturer.
      2. 2nd Instalment: Once the Product/s have finished the manufacturing stage and is ready to be shipped.
      3. 3rd Instalment: Once the Product/s have arrived at the port.
      4. Additional instalments: if PGPH are required to complete any jobs requested by you for example, foundation work.
9. Delivery
   1. You agree for us to sub-contract, assign, novate or transfer all or part of the delivery of your Products at any time and we are not required to give you written notice. Any sub-contractors will have the same rights as us in these Terms of Sale, if requested delivery to be arranged by PGPH.
   2. You must provide us with complete and uninterrupted access to your nominated property to enable us to deliver your Product/s, interrupted access will enable additional fees if unable to deliver.
   3. Drivers will use their best endeavours to drop off your Product where you want it on your nominated property. Site conditions including, but not limited to, site surface, if the site is inaccessible or unsafe, slope, weather, may restrict delivery/unloading options. The driver is responsible to choose the unloading area and is responsible for the Product/s once loaded from PGPH factory.
   4. You warrant to us that the ground surfaces traversed by our drivers in order to perform the delivery are of suitable construction to prevent damage to said surfaces or our drivers’ trucks.
   5. All our delivery times are estimates only and will be organised close to the time of clearance of Product/s from the port.
   6. You must provide PGPH with a nominated delivery site.
   7. Estimated arrival dates are not guaranteed. Delivery times are to be used as a guide only and are subject to change due to weather, other unforeseen circumstances and circumstances beyond our control, including Force Majeure events (truck break downs, traffic, road closures, customs delays, ship delays, Sydney Port delays). We will make reasonable effort to fulfil your order with us, in a timely manner. While we make every effort to meet estimated delivery dates, delays may occur due to circumstances beyond our control. Where a delay is unreasonable and not caused by you, you may be entitled under the ACL.
   8. We may adjust the delivery price at any time to pass on increases in costs imposed by our drivers, or increased costs due to any other reason, including but not limited to increased transport costs or any other item, as determined reasonably from time to time. We will provide you with written notice of any fee adjustment. This includes the time from your deposit being paid, to the time your Product has been delivered.
   9. You have the right to organise your own transport for pickup of your Product/s at our factory in Cowra. You are responsible for your product/s on pick up if you choose to arrange your own transport.
   10. If the drivers are unable to unload in the designated area on your nominated property, they have the right to leave your Products in a reasonable and safe position.
   11. Where we arrange delivery, we take reasonable care in selecting and instructing our delivery contractors. Responsibility is passed on to the delivery contractors upon pickup.
   12. You remain responsible for ensuring safe access to the delivery site.
10. Storage Fees – Non payments
    1. Should you try to not pay an amount PGPH will seek legal debt collection for the amount owing.
    2. PGPH do not offer storage of your Product/s at our factory. Once delivery has been communicated it is your responsibility to supply PGPH with an address to have your Product/s delivered to.
11. Force Majeure
    1. Should circumstances beyond our control hinder or prevent our provision of the Products to you, we will be free from any obligation to provide the Products to you whilst such circumstances continue.
    2. For as long as the circumstances beyond our control continue, we may reasonably, terminate your order with us, or keep your order with us on foot until such circumstances have ceased.
    3. Circumstances beyond our control, or Force Majeure events, include but are not limited to:
       1. illness or injury to us;
       2. unavailability of materials or components;
       3. health pandemic/crisis/virus;
       4. strikes;
       5. lockouts;
       6. riots;
       7. natural disasters;
       8. fire;
       9. war;
       10. acts of God;
       11. Government decrees, proclamations or orders;
       12. transport difficulties; and
       13. failures or malfunctions of computers or other information technology systems.
12. Default
    1. You will engage in an event of default in the following circumstances:
       1. You breach these Terms of Sale for any reason, including but not limited to defaulting on any payment.
       2. You, being a natural person commits an act of bankruptcy, or you, being a corporation is wound up, deregistered or dissolved, a receiver or administrator is appointed, you enter a scheme of arrangement (other than for the purpose of restructuring),
       3. You assign your rights under these Terms of Sale, without our prior written consent.
    2. Should an event of default occur by you, we will provide you with written notice to rectify the default within 7 days.
    3. Where an event of default occurs which is not rectified by you, we may reasonably:
       1. Refuse to supply the Products.
       2. Retain all monies paid by you for Products ordered but not yet supplied;
       3. Refuse to supply you with the Products ordered.
13. Indemnity
    1. You agree to indemnify and keep indemnified, us, our servants and agents in respect of any claim or demand made or action commenced by any person (including but not limited to, you):
       1. Against us; or
       2. For which we are liable; In connection with any loss arising from or incidental to:
          1. The supply of the Products;
             1. The subject matter of these Terms of Sale; Including but not limited to any legal costs incurred by us in relation to meeting any claim or demand or any party/party legal costs for which we are liable in connection with any such claim or demand.
    2. You agree and acknowledge that except for the provisions of these Terms of Sale, we do not make any warranty, assurance, promise or representation regarding the quality, fitness for purpose or use, suitability or merchantability of the Products for any purpose whatsoever, and that in entering into these Terms of Sale, you have relied entirely on your own enquiries, knowledge, skill and judgement.
14. Intellectual Property
    1. The parties agree and acknowledge that PG Portable Homes Pty Ltd are the exclusive owner of any intellectual property.
    2. For the purpose of this clause, intellectual property includes trademarks, patents, copyrights, designs, layout-designs (topographies) of integrated circuits, processes and confidential information as may be applicable to the Products and to any advertising and promotional material and any technical materials and user manuals/videos associated with the manufacture or supply of the Products, that is capable of legal protection, regardless of whether such legal protection has been formally obtained.
    3. You agree that you will not, as a result of entering any dealings with us, or purchasing any Products from us, acquire any intellectual rights in the Products and you must not challenge or dispute our ownership of our intellectual property.
    4. You must not do anything or omit to do anything which could detrimentally affect the ownership of our intellectual property.
    5. You agree that you will not infringe the intellectual property rights of us and will notify us of any suspected or actual infringement of our intellectual property immediately upon becoming aware of the same.
    6. You must comply with our reasonable instructions and requests in relation to the maintenance of our protection of our intellectual property.
15. Governing Law
    1. This agreement shall be governed by and constructed in accordance with the laws of the state or territory in which the Products have been purchased from. Any court proceedings shall be filed and heard in that state or territory. Any claim brought against us will be dealt with by the company which provided the Products or Goods.
16. GST
    1. You and we agree to comply with their respective obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.
17. Title
    1. Risk in and title to the products purchased passes to you, once you have paid for the Product/s itself.
    2. Until you have paid all amounts owing to us, we have the right to withhold your Product/s until all payments have been made in full.
18. Advice and Information
    1. Any advice, recommendations, information, assistance or service given by us in relation to the products is given in good faith and believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or relatability and we do not accept any liability or responsibility for any loss suffered from your reliance on such advice, recommendation, information, assistance or service.
19. Severability
    1. Any advice, recommendations, information, assistance or service given by us in relation to the products is given in good faith and believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or relatability and we do not accept any liability or responsibility for any loss suffered from your reliance on such advice, recommendation, information, assistance or service.
20. Waiver
    1. A party’s failure or delay exercising a power or right does not operate as a waiver of that power or right.
       By paying your first payment, you will be deemed to have read, understood and accepted our Terms of Sale.

^{Last updated: 15 August, 2025}