Delivery/Installation Site Access
The site in which cubby/fort is to be installed must be level and free of debris, any trees and bushes in the way must be removed prior to installation. We do not remove any shrubs that are in the way. If we encounter a tree root or concrete during the installation process, we will stop until the customer has removed obstacle. If we encounter any rock on site when digging the holes for the elevation posts, there will be an additional charge to dig the elevation posts into this rock and will be discussed with customer prior to commencement or after noticing rock on the first initial dig. Country Cubbies do not take responsibly for any pipe work under the ground; it is the customer’s duty to make sure that there are no major pipes or lines that will be hit during the installation process. If there is difficult access or the cubby or fort is required to be carried above and beyond a reasonable distance, there will be an additional charge to do so. It is the customer’s responsibility to make Country Cubbies aware if you have difficult access to the area and we will advise if there will be an additional charge to install in the required location.
Although we use the best freight companies to transport your cubby interstate, Country Cubbies do not accept responsibility for damage to freight whilst in transit. Unfortunately, we also can’t guarantee the time and day of arrival, once it leaves our factory these issues are beyond of our control, we will provide you with the delivery company’s phone number and you may liaise with them. There are often delays with freight, especially during peak season, and by paying a deposit to Country Cubbies and agreeing to use our freight company you are acknowledging you are accepting of the freight timelines and conditions. Should someone not be able to collect the cubby or isn’t home on the day of delivery, and cubby needs to be on forwarded or bought back to our factory and stored, further costs will be incurred. We do our best to ensure the freight process runs as smoothly as possible but please be aware that slight delays can occur.
(a) Timber is a natural product
and it absorbs moisture from surrounding air, so external timbers tend to shrink when dry and can exhibit cracks. COUNTRY CUBBIES recommend that all external timber be stained or protected in some way from the elements. After a period of time some touch up of paint or stain is necessary by You to maintain the timber.
The treatment on the timber we use contains no chemicals or arsenic and is therefore safe for your family. We use natural timber, some timber can contain knots and dents – these are not
defects, but a natural part of the timber and is still structural enough and is fit for its intended use.
We do not hold any
responsibility for installations undertaken by our customers. If the cubby is not structurally sound or stable, this is not our responsibility. It is the customer’s duty to make sure that the cubby is installed correctly and is secure enough for its intended use. If we are required to attend site for an issue that is not due to a manufacturing issue there will be an additional cost incurred.
Change of Mind Policy
Maximum duration of a layby is 12 weeks, this is excluding Christmas orders.
Weekly/Fortnightly or Monthly payments are required.
A deposit of 20% is needed to secure your lay-by & commence the manufacture of your dream cubby.
All deposits are non-refundable & not transferable if lay-by is cancelled.
It is the customer’s responsibility to notify us with your up to date contact details.
If no payments are received within 4 weeks and we cannot reach you, your lay-by will be cancelled & your payments will not be refunded.
Individual items cannot be separated until full payment has been received by the company.
Country Cubbies reserves the right to cancel a lay-by if these terms are not met.
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.
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
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.
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
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.
Any action by You against Us in relation to this Agreement must be commenced within 6months 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.
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 unauthorized 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
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.
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.
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.
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