Terms & Conditions

1. Definitions

(a)          “Contract” means the Contract Form, the Terms and Conditions, and any annexures or attachments approved by both parties.

(b)          “Contract Form” means Intumodular Limited standard Contract Form which is attached to the Terms and Conditions.

(c)          “Customer/You” means the person or entity whose details are recorded in the Contract Form and includes any person or entity who purchases the Goods and/or Services from Intumodular Limited

(d)          “Intumodular Limited” means Intumodular Limited;

(e)          “Goods” means the goods specified in the Contract Form.

(f)           “GST” means the goods and services tax described in A New Tax System (Goods and Services Tax) Act (Cth) 1999 as amended.

(g)          “Services” means the services specified in the Contract Form; and

(h)          “Terms and Conditions” means, unless otherwise specified, Intumodular Limited Terms and Conditions.

• Provision of Goods
  • Intumodular Limited agrees to supply the Goods in exchange for payment of the purchase price, or rent in the case of rental Goods, subject to the Terms and Conditions.
  • Risk in the Goods passes to you upon the Goods being collected or despatched from Intumodular Limited premises. In circumstances where Intumodular Limited is performing the installation of Goods, risk passes to you when the Goods arrive at the site of installation. Title in the Goods is retained by Intumodular Limited until you have paid the purchase price and all other applicable taxes, costs and fees in full.
  • Delivery dates for the provision of Goods and or Services are to be regarded as estimates only and not a material term of this Contract. Intumodular Limited will use reasonable endeavours to comply with estimated delivery dates. If Intumodular Limited reasonably believes that an estimated delivery date will not be met, it will contact you to advise of a revised estimated delivery date.
  • If you rent Goods from Intumodular Limited, you:

(a)          Must permit Intumodular Limited to inspect the Goods at all reasonable times.

(b)          Are responsible for the safe custody and use of the Goods and are liable to Intumodular Limited for any loss or damage to Goods, which must be notified to Intumodular Limited immediately. If the Goods are lost or destroyed or becomes non-functional you must pay Intumodular Limited the cost of replacing them.

(c)          Must not sell, sub-rent, mortgage or grant any security interest or dispose or part with possession of or encumber the Goods; and

(d)          Are required to take out and maintain insurance covering any loss or theft of or damage to the Goods by any cause and, if requested, provide Intumodular Limited with a certificate of currency of insurance.

• Provision of Services
  • Intumodular Limited agrees to provide the Services in exchange for payment of the purchase price subject to the Terms and Conditions.

3.2         Intumodular Limited warrants that the Services will be provided in a professional and workmanlike way.

• Fees
  • You agree to pay for the Goods and or Services in accordance with the Contract Form and the Terms and Conditions.
  • You acknowledge that if Intumodular Limited is supplying Goods but is not performing any installation services, the price for the Goods is to be paid in full before the Goods are made available or delivered to you.
  • In addition to the fees, you will also be liable for the payment of the GST and any other applicable taxes and duties referrable to the Goods and/or Services.
  • Intumodular Limited may charge a late payment fee on any overdue amount at the rate of 2% above the rate prescribed under Section 2 of the Penalty Interests Rate Act (VIC) 1983 calculated daily from the date that the amount was due until the date it is paid in full.  Intumodular Limited may also charge you for the reasonable costs it incurs to recover any overdue amount (including reasonable administrative and legal costs).
  • Intumodular Limited will accept payment by credit card, bank cheque, direct debit and electronic bank transfer. The customer is liable for payment of all credit card and bank fees associated with any payment.    

• Termination
  • You may terminate this Contract with immediate effect if Intumodular Limited breaches a material term of this Contract and fails to comply with the Customer’s written request that the breach be remedied within 10 business days.
  • Intumodular Limited may terminate this Contract with immediate effect if in Intumodular Limited reasonable opinion:
    • You fail to make any required payment to Intumodular Limited on time.
    • You breach any material term of this Contract (other than a term relating to payments) and you fail to comply with Intumodular Limited written request that the breach be remedied within 10 business days;
    • You enter or threaten to enter any form of bankruptcy, insolvency, liquidation, or administration, whether voluntary or involuntary.
    • The Customer being an individual dies, or in the case of a partnership, is dissolved or in the case of a company, is wound up.
    • The information you have provided Intumodular Limited is found to be false or misleading.
    • You cease or threaten to cease to conduct business in the normal manner; or
    • You fail to pass a credit check made by Intumodular Limited or, in Intumodular Limiteds reasonable opinion, you become an unacceptable credit risk.

5.3         Despite termination of this Contract you will still be responsible for paying any outstanding amounts owed to Intumodular Limited

5.4         Upon the termination or expiration of a Contract that involves the supply of rental Goods, you must immediately cease using the rented Goods and return them to Intumodular Limited at your sole cost in good condition (fair wear and tear excepted). 

5.5         You grant to Intumodular Limited and its authorised agents an irrevocable licence to enter your premises or property during business hours for the sole purpose of recovering the rented Goods following termination of this Contract. 

• Privacy

6.1         Intumodular Limited will comply with its obligations under the Privacy Act 1988 (Cth) (“the Act”) with respect to your personal information that it collects, holds, uses and discloses in connection with this Contract.

• You authorise Intumodular Limited to:
  • Collect and use your personal information for purposes related to the provision of the Goods and or Services. You acknowledge that while carrying out its obligations under this Contract Intumodular Limited may disclose your personal information to third parties such as suppliers or third-party service providers.
  • Obtain a consumer credit report containing information about you from a credit-reporting agency for the purpose of assessing your application for the supply of Goods and or Services and collecting overdue payment from you.
  • Give to and seek from any credit reporting agency information about your personal or commercial credit arrangements including information about your credit worthiness, standing, history and capacity; and
  • Exchange personal information with third parties such as a collection agency to recover any overdue payment from you.

• Warranties

7.1         You acknowledge that Intumodular Limited has advised you of the limitations of the Goods with respect to their effective operational life. Items such as tent covers have limited and variable effective operational lives depending upon their use, care and exposure to sunlight and rain for example.

7.2         Intumodular Limited warrants the Goods to be of merchantable quality and fit for the particular purpose that you have advised Glamping Innovations in writing.

7.3         You are deemed to have accepted the Goods unless you notify Intumodular Limited in writing within 5 business days of delivery of any obvious defects.             

7.4         Intumodular Limited warrants the Goods against defective materials and operation for the periods set out in the Contract Form.

7.5         Intumodular Limited agrees to pass on the benefit of any manufacturer’s warranty to you. In circumstances where there is an obvious defect in any Goods supplied to you, Intumodular Limited will conduct any relevant manufacturer warranty claim on your behalf.

7.6         The warranty period for the Structures/Tents supplied by Intumodular Limited is 24 months. This period commences after payment of the last instalment and delivery and, if applicable, after installation of the Structures/Tents. After the warranty period has expired, Intumodular Limited is no longer liable for shortcomings in the Structures/Tents it supplies.

7.7         The warranty does not apply: 1. for second-hand goods; 2. in the event of incorrect use by the Buyer or failure to observe the (maintenance and safety) instructions. 3. if the Buyer and/ or third parties have processed or modified the goods without prior written permission. 4. if the Buyer does not fulfill its payment obligations. 5. if the Buyer removes names or brands applied by Intumodular Limited or applies the name of another brand. 6. if the defect is caused by circumstances beyond the control of Intumodular Limited such as vandalism.  In the event of a justified claim under the warranty period, Intumodular Limited has the choice at its own discretion to repair the defect or replace it.

• Limitation of Liability
  • Intumodular Limited is not liable to you or any third party for:
    • Any economic loss or damage including, any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings or profits; or
    • Any indirect or consequential loss or damage.
  • To the extent permitted by British Consumer Law, Intumodular Limited excludes all liability for breach of any express or implied term or warranty and excludes all liability for Intumodular Limited negligence in connection with the performance of its obligations under this Contract.
  • Where liability for any term implied by law cannot be excluded, Intumodular Limited liability for breach of any implied term is limited to:
    • In the case of Services, the cost of having the Services supplied again; and
    • In the case of Goods, the lower of the cost of replacing the Goods, acquiring equivalent Goods, or having the Goods repaired.
  • Intumodular Limited will not be liable if it is unable to perform an obligation or provide the Goods or Services because of any factor outside of Intumodular Limiteds control including but not limited to acts of God, force majeure, industrial action, default, or failure of a third party (including delay of a third-party supplier), war, government action, or by any act or decision made by any relevant court.

• Indemnity

               You agree to indemnify Intumodular Limited, its employees and agents against any loss, damage, expense or claim that is in part or completely due to your breach of this Contract.

1. Quotations

10.1       Quotations provided by Intumodular Limited are not to be regarded as offers or legally binding. Only a correctly completed and executed contract is binding upon the parties.

10.2       All information including designs, drawings, images, models, and samples provided by Intumodular Limited as part of any quotation remains the sole property of Intumodular Limited and must be returned to Intumodular Limited upon demand. No quotation information or item may be copied or supplied to any third party without the prior written consent of Intumodular Limited.

1. Joint and Several Application of this Contract

          Where you comprise more than one person or entity, this Contract binds each of you jointly and severally.

12.         Entire Agreement

               These Terms and Conditions together with the Contract Form and any agreed attachments constitute the entire agreement between you and Intumodular Limited. All previous negotiations and representations are excluded.

13.         Assignment

               Intumodular Limited may at any time assign the whole or any part of this Contract.  You may not assign your rights or obligations under this Contract without Intumodular Limited prior written consent which will not be unreasonably withheld.

14.         Variation of Intumodular Limited Terms and Conditions

               Intumodular Limited reserves the right to vary these Terms and Conditions, including pricing, at any time upon written notice to you.

15.         Defective Terms may be Severed

          Any term of this Contract that a court deems is invalid, unenforceable, or illegal may be severed. The remainder of the Contract will continue to have full force and effect.