Terms

Preamble

Thank you for choosing Springs of Faith (T/As FindYourWayHomes). The core values of our products and service revolve around integrity, transparency, and delivering superior outcomes, all fundamental in fostering strong and lasting relationships with our customers and suppliers.

FindYourWayHomes is a project owned and operated by Springs of Faith, a Not for profit Unincorporated Association established to work with and find ways to support people in our local community.  If you choose to collaborate with us, our intent is to establish a private membership agreement with you which will define the enduring terms and conditions of our collaboration.  That membership agreement is private, and is not shared on this site.  We will take the time to walk you through the membership agreement, ensuring you understand the benefits you will receive as a member of Springs of Faith, along with your rights and obligations under that agreement.  Until such time as you have had an opportunity to understand, and become a member of Springs of Faith, the following interim terms and conditions are provided to protect you and us with regards to any understanding or expectation either party may have.

Terms and Conditions

Terms and Expressions

For the purposes of these terms and conditions:

“Us”, “Our”, and “We” refers to FindYourWayHomes a project owned and operated by Faith Springs, an Not for profit Unincorporated Association established to work with and find ways to support people in need in our local community.

“You”, “Your”, “Purchaser,” “Customers”, and “Customer” refers to you, our valued customer, and we hope through collaboration friends.

“Products” refers to all products available for manufacture by FindYourWayHomes, which may change from time to time.

“Services” refers to all services provided by FindYourWayHomes, which may change from time to time.

“Third-Party Suppliers” refers to A third-party supplier is an external entity or business that provides goods, products, services, or information to FindYourWayHomes or directly to our customers, but is not directly affiliated with or part of FindYourWayHomes.

“Transport Partners” refers to an external entity or business that provides a delivery service on behalf of FindYourWayHomes, but is not directly affiliated with or part of FindYourWayHomes.

All dollar amounts are in Australian Dollars and exclude GST.

Amendment of Terms

We reserve the right to change, modify, add, or remove any part of these terms and conditions at any time. Upon accepting these terms and conditions, you agree that these terms govern our rights and obligations and subsequently your rights and obligations.

Acceptance

A full or partial payment made to FindYourWayHomes in relation to an invoice provided to you by us is deemed as your full confirmation that you understand and agree to all details stated on the invoice, including but not limited to the purchased items, item prices, delivery notes and payment terms and that you have read, understood and confirm your full acceptance of these terms and conditions.

Limitation of Liability

It is an essential pre-condition that you agree and accept that we are not legally or financially responsible for any loss, or any consequential or incidental damages you might suffer related to the purchase and use of our products, both directly and indirectly. This includes but is not limited to loss of use, loss of revenue, inconvenience, or loss or damage to personal property.

Your use of, or reliance on, any information, or materials published and shared by FindYourWayHomes.org is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that all products or services you purchase from FindYourWayHomes meet your specific requirements.

Any advice, recommendations, assistance, or service provided by us concerning the products is given in good faith and is believed to be accurate, suitable, and dependable at the time of provision. However, this information is provided without any warranty of accuracy, appropriateness, or reliability. We do not assume any liability or responsibility for any losses resulting from your reliance on such advice, recommendations, information, assistance, or service.

By engaging in the purchase of our products and services, you consent to indemnify us against any claims exceeding the guarantees we are obligated to provide under Australian Consumer Law.

Consumer Guarantees

Our products are accompanied by guarantees that are irrevocable under applicable Australian Law, subject to amendments from time to time. Pursuant to these guarantees, you are entitled to request a replacement or refund in the case of a major failure. A major failure includes but is not limited to the complete failure of a product to perform its core function.

Limited Warranty Against Defects

FindYourWayHomes warrants our Transportable Buildings for one year from the delivery date against defects in material, workmanship, or structural integrity failures. Below are the sole and exclusive remedies available under this Limited Warranty.

This Limited Warranty does not apply to any product failure or defects arising from:

(i) damage caused by abuse, misuse, neglect, failure to provide maintenance, dealing with pests.

(ii) normal wear and tear or deterioration of construction materials within expected levels.

(iii) changes due to weather conditions, soil movement or settling.

(iv) damage caused by third parties “act of God”, such as earthquakes, floods, animals, or lightning strikes

(v) damage caused by client, or third parties hired by client to work on the tiny home.

(vi) housing costs and living expenses if client must move out while covered repairs are being made to the tiny home.

(vii) home appliances or equipment that are part of the tiny home, such as your refrigerator, stove, dishwasher, heaters, which come with warranties provided by their manufacturers.

(viii) damaged caused in transporting or relocating the Transportable Building.
If your transportable building needs warranty service, please contact manufacturer by email or phone during regular business hours to make arrangements for warranty work or inspection. The manufacturer reserves the right to hire a contractor near client, at manufacturers expense, to perform warranty work.

Disclaimer and Limitation of Liability

The warranties set forth herein and in the manufacturer’s limited warranty are exclusive and no other express warranties are made by FindYourWayHomes or are authorized to be made with respect to the transportable building. In no event will Springs of Faith be liable for incidental or consequential damages of any nature whatsoever, including, but not limited to lost profits, or  commercial loss arising from use or failure of manufacturer’s products, to the full extent that such damages can be disclaimed under applicable law. The remedies provided under this limited warranty are exclusive.

FindYourWayHomes recognise that our products may exhibit minor aesthetic imperfections, which include but are not limited to small dents, scratches, and colour variations. By accepting these terms and conditions, you accept that minor aesthetic imperfections are acceptable, should the imperfections not amount to a major failure.

Third Party Products

In relation to the warranties provided by third-party suppliers, warranty coverage is subject to the terms specified by the respective suppliers.

Delivery, Product Placement, and Storage

FindYourWayHomes uses effective relationships with a network of transport partners to deliver products to our customers. By accepting these terms and conditions, you agree that:

1) Unless pre-arranged with agreed-upon costs, the Purchaser is required to have a forklift or crane on-site and is responsible for unloading the products.

  1. The Purchaser may be charged for a failed delivery if suitable equipment is not available on site for unloading.

2)      It is the responsibility of the Purchaser to ensure that the delivery site is suitable for safe unloading of products.

  1. The Purchaser agrees that additional charges may be applicable due to unsuitable delivery site conditions.
  2. FindYourWayHomes does not guarantee that unloading can take place in the location chosen by the Purchaser, as site conditions such as surface, slope, and weather may limit unloading options.
  3. Unless agreed otherwise in writing prior to dispatch, FindYourWayHomes are only responsible for delivering products to the front of the Purchasers’ property, final product placement is the responsibility of the Purchaser.
  4. Unless agreed upon in writing prior to dispatch, our delivery services do not include lifting over, under, into or onto any structures.
  5. Unless agreed upon in writing prior to dispatch, our delivery services do not include placing products in or on a specific location like foundations or footings.

3)      FindYourWayHomes is not responsible for delivery delays in relation to items that are delivered by our transport partners.

4)      The Purchaser must advise FindYourWayHomes of transport damage to any product within 48-hours of delivery taking place to the Purchaser.

5)      The Purchaser accepts that additional charges may be applicable if delivery of products cannot be fulfilled for any reason.

6)      The Purchaser agrees and accepts that we are not legally or financially responsible for any loss, or any consequential or incidental damages you might suffer related to the delivery of our products, both directly and indirectly. The Purchaser agrees to indemnify FindYourWayHomes against any loss, damage, liabilities, or claims arising directly or indirectly from the actions of our transport partners.

7)      The Purchaser has the option of arranging the collection of goods from FindYourWayHomes product manufacture location. FindYourWayHomes must receive notice of any intended collections 48-hours prior to the collection taking place and a timeslot will be allocated by FindYourWayHomes. Should the Purchaser miss their allocated timeslot, the next available slot will be made available.

  1. Collection of goods must satisfy all applicable safety requirements.
  2. FindYourWayHomes reserves the right to deny collection of goods if it is considered that proposed loading or carrying methods introduce unacceptable risks to safety of personnel customers or members of the public.
  3. The Purchaser accepts that additional charges may be applicable if collection of products cannot be fulfilled for any reason.
  4. FindYourWayHomes is not liable for any damages that occur once a product is loaded onto the customers transport of choice.

8)      If the Purchaser is unable to take delivery of a product for any reason, storage fees may apply.

Product Installation and Responsibility

Unless pre-arranged with agreed-upon costs, the Purchaser is responsible for organising the installation of all products purchased from FindYourWayHomes. The Purchaser is solely responsible for bearing all costs relating to the installation and is solely responsible for ensuring that the installation is carried out safely, in accordance with any local laws or regulations.

By accepting these terms, you also agree that:

1)      Licenced tradespeople will be engaged in accordance with any local laws and regulations.

2)      The Purchaser is solely responsible for ensuring that the completed installed product complies with all relevant local laws or regulations.

3)      Installation instructions provided by FindYourWayHomes (which may change from time to time) may contain minor inaccuracies, and that you are solely responsible for ensuring that the installation is conducted safely, in accordance with any local laws or regulations. This includes bearing all costs relating to the installation.

4)      In The installation instructions provided by FindYourWayHomes are intended solely as a guide. It is imperative to adhere to these instructions in conjunction with established safe working procedures. Furthermore, any installation work should be carried out by a qualified tradesperson, strictly in accordance with local laws and regulations.

5)      The Purchaser is solely responsible for bearing costs relating council permits or approvals if any.

6)      FindYourWayHomes is not liable for any injury or damages resulting from the actions of its customers or third-party tradespeople during setup or product use, and you indemnify us against any related claims or losses.

7)      FindYourWayHomes is not liable for any additional costs relating to ensuring that our products (once installed by our customers) comply with all relevant laws or regulations, and you indemnify us against any related claims or losses with respect to ongoing product compliance.

General Terms and Conditions

Payments

In relation to all products sold by FindYourWayHomes, full payment of the total price listed on your invoice must be received in-full before we will release your order. Whilst we endeavour to provide accurate information relating to product availability and delivery timelines, we reserve the right to modify product availability and delivery timelines due to payment delays. FindYourWayHomes shall not be held liable for any loss or inconvenience at our customers expense, due to delayed payment.

Should FindYourWayHomes reserves the right to modify the payment terms listed on the invoice we provide. By accepting these terms and conditions, you agree that the payment terms listed on your invoice supersede what is listed in these terms and conditions. All quotes and invoices are valid for the period listed, which is subject to change from time to time.

Payment Process – Portable Buildings (Made-to-Order)

Our Transportable Buildings are made-to-order, and the current production time will be specified on your invoice. Any production time provided by FindYourWayHomes is an estimate only, and we reserve the right to adjust the production time estimate, as necessary. By accepting these terms and conditions, the Purchaser agrees to indemnify FindYourWayHomes against any loss, damage, liabilities, or claims arising directly or indirectly from any unforeseen delays in production (and therefore delivery of the products).

To secure your spot in our production schedule, a deposit must be paid to FindYourWayHomes before we consider the order accepted. The deposit amount and due date will be detailed on the invoice we provide you.

Prior to your order’s transit from the manufacture location, the final payment is required. The final payment amount will be detailed on the invoice we provide you. By accepting these terms and conditions, you agree that the final payment is due prior to the final delivery to your nominated delivery location.

Failure to make any payment by the due date grants FindYourWayHomes the exclusive right to allocate products to another client. Upon your payment, you will be assigned the next available product. FindYourWayHomes will not be held liable for any loss or inconvenience at the customer’s expense due to delayed payment.

Payment Process – In-stock Products

For products which are not made-to-order, full payment is required before we can allocate stock to you (includes out of stock products). Failure to make full payment grants FindYourWayHomes the exclusive right to allocate products to another Purchaser. Upon your payment, you will be assigned the next available product. FindYourWayHomes will not be held liable for any loss or inconvenience at the customer’s expense due to any delayed payments.

Purchaser Cancellations and Variations

If an order containing products in our standard product range is cancelled after a deposit payment is received by us, FindYourWayHomes shall retain the right to charge a cancellation fee / restocking fee, calculated at 5% of the total invoice value. For orders listed as ‘modified or custom’ on the invoice we provide you, the total deposit value shall be forfeited if the order is cancelled, unless an alternative customer can be found, in which case the standard 5% cancellation fee will apply.

Variations requested by the Purchaser are only valid if written confirmation is received from FindYourWayHomes. We reserve the right to approve or reject any variation requests from the Purchaser.

General Terms and Conditions

By accepting these terms and conditions, the Purchaser agrees that:

1)      The Purchaser is solely responsible for checking all relevant laws, local council guidelines, and State legislation to ensure compliance with the use and occupancy of our products on your property or any other location where you may place the product.

2)      FindYourWayHomes shall not be held responsible for any penalties imposed on the Purchaser by council, government, or any other agencies.

3)      Costs incurred by FindYourWayHomes due to incorrect or inadequate information provided by you may result in additional charges for which you will be liable.

4)      From time to time, we may provide links, advertisements, and information about other businesses for your convenience. This does not imply any sponsorship, endorsement, approval, or agreement between us and those businesses. We are not responsible for the actions or advice of any third-party suppliers.

5)      You understand our products may require assembly to match the condition of our advertised and display products.

6)      Any variations to these terms and conditions for your order must be mutually agreed upon in writing by FindYourWayHomes and the Purchaser.

7)      In the event that circumstances beyond our control (Force Majeure Events) obstruct or prevent the delivery of products to you, FindYourWayHomes will be relieved of any obligation to provide the products as long as such circumstances persist.

  1. While Force Majeure Events persist, FindYourWayHomes may, at our sole discretion, either terminate your order with us or keep your order with us in suspension until the circumstances have ended.
  2. Force Majeure Events include but are not limited to illness, unavailability of materials, pandemics, strikes, natural disasters, fires, war, acts of God, government orders, transport difficulties, and technology failures.

9)      If the Purchaser is in breach of these terms and conditions (including non-payment) FindYourWayHomes shall maintain the right to:

  1. Retain all monies paid by you for products ordered but not yet supplied.
  2. Refuse to supply you with the products you have ordered.

10)   All quotes supplied by FindYourWayHomes are valid for the time period listed on the quote.

11)   All marketing material supplied by FindYourWayHomes must be used as a guide only. Specific finishes and fittings / fixtures are subject to change.

Indemnity

By agreeing to these terms and conditions, you commit to absolve us, our personnel, and agents from any claims, demands, or legal actions, whether initiated by yourself or others, against us or for which we bear liability. This indemnification covers losses related to:

1)      Product supply.

2)      The subject matter of these terms and conditions.

This encompasses, without limitation, any legal costs we incur to address claims or demands, as well as any party-party legal costs for which we are liable concerning such claims or demands.

You acknowledge that beyond these terms and conditions, we provide no warranty, assurance, promise, or representation regarding product quality, fitness for purpose or use, suitability, or merchantability for any specific purpose. By entering into these terms and conditions, you have relied exclusively on your own inquiries, knowledge, skill, and judgement.

Intellectual Property

By agreeing to these terms and conditions, the Purchaser explicitly affirm and acknowledge that FindYourWayHomes is the unequivocal and exclusive owner of all intellectual property. For the removal of all doubt, intellectual property encompasses trademarks, patents, copyrights, designs, product technical information, processes, and confidential information pertinent to the products. This extends to advertising and promotional materials, technical content, and user manuals/videos associated with the production or supply of the products. This definition encompasses all items eligible for legal protection, regardless of the formal acquisition of such protection.

By agreeing to these terms and conditions, the Purchaser expressly agrees that, through your transactions with us or the through the acquisition of our products, you shall not gain any intellectual rights in respect to the products. You are prohibited from challenging or disputing our ownership of intellectual property and you pledge not to infringe upon our intellectual property rights, to commit to promptly notifying us of any suspected or actual infringement upon becoming aware of it, and to adhere to our reasonable instructions and requests concerning the safeguarding of our intellectual property rights.

Jurisdiction

These terms and conditions are subject to the laws of Queensland, Australia. If there is a dispute between you and FindYourWayHomes that results in litigation, then you must submit to the jurisdiction of the courts of Queensland.

Exclusion of Unenforceable Terms

In the event that any clause or term stated above would, by the provisions of any applicable statute, be deemed illegal, void, or unenforceable in any State or Territory, then such a clause shall not be applicable in that State or Territory. It shall be deemed to have never been included in these terms and conditions for that specific State or Territory. However, if such a clause is legal and enforceable in any other State or Territory, it shall remain fully enforceable and constitute a part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses in these terms and conditions.

Title

The risk in and title to the products supplied by FindYourWayHomes will transfer to the Purchaser upon the delivery of the products to your designated address or upon completed loading of your order onto your designated transport provider. The Purchaser will only gain ownership title of the products after paying all outstanding amounts owed to FindYourWayHomes.

No Waiver of Rights

The failure or delay of a party to exercise a power or right in respect to these terms and conditions does not constitute a waiver of that power or right.