(Sheds and Shelters Ltd)
1. Payment Terms
1.1 Payment is due on demand, unless otherwise stated in the proforma invoice or quotation.
1.2 All items delivered or erected at the Client’s site or premises remain the sole property of Sheds and Shelters Ltd until full payment has been received and cleared in the Company’s account.
1.3 Legal ownership of the structure or trailer transfers to the Client only upon:
a. Receipt of full payment by Sheds and Shelters Ltd; and
b. Issuance of official written confirmation of ownership by Sheds and Shelters Ltd.
2. Overdue Payments and Non-Payment
2.1 In the event of Non-Payment (as defined in 2.4), Sheds and Shelters Ltd reserves the right, without further notice, to:
a. Initiate legal proceedings to recover outstanding amounts; and/or
b. Remove any delivered structures, trailers, or equipment from the Client’s premises or worksite.
2.2 All costs arising from enforcement actions under Clause 2.1, including but not limited to dismantling, transportation, storage, and legal fees, shall be borne solely by the Client.
2.3 Where delays in payment of the required deposit or other amounts occur before delivery, collection, or during ongoing fabrication—as stipulated in proforma invoices and quotations—Sheds and Shelters Ltd may:
a. Suspend all remaining works; and
b. Apply storage charges commencing seven (7) calendar days after the payment due date.
2.4 Definition of Non-Payment – For the purposes of these Terms, “Non-Payment” includes:
a. Failure to pay any deposit by its due date;
b. Failure to pay any interim or final payment by its due date; or
c. Failure to make payment upon demand where such payment is a condition for delivery, collection, continuation of fabrication, or commencement/continuation of site works.
2.5 For projects involving site works, suspension due to Non-Payment shall also trigger a site re-mobilisation fee payable in full before works recommence.
3. Ownership, Access, and Restrictions Before Handover
3.1 All delivered items and erected structures remain the property of Sheds and Shelters Ltd until:
a. Full payment is received;
b. The structure is officially handed over; and
c. The site is vacated by Sheds and Shelters Ltd.
3.2 Until handover, employees and authorised agents of Sheds and Shelters Ltd shall have unrestricted access to the site during working hours.
3.3 Until handover, the Client is strictly prohibited from:
a. Occupying, tampering with, or modifying the structure or trailer;
b. Engaging third-party contractors to perform any work on the structure, trailer, or site.
3.4 Breach of Clause 3.3 will:
a. Void any claims by the Client against Sheds and Shelters Ltd; and
b. Entitle Sheds and Shelters Ltd to remove the structure at the Client’s expense.
3.5 If a structure is removed under Clause 3.4, the Client must collect it from Sheds and Shelters Ltd’s storage facility after paying all outstanding balances, including dismantling, transportation, and storage costs.
3.6 Until handover, the site remains an active worksite. Sheds and Shelters Ltd reserves the right to seek reimbursement for any losses of materials, equipment, or manpower arising from Non-Payment or obstruction of access.
4. Unauthorized Use
If the structure or trailer is occupied or used before official handover and receipt of full payment, Sheds and Shelters Ltd may, at its sole discretion, charge rental fees at prevailing commercial rates.
5. Transit and Off-Loading at Site
Any damage or loss to goods during transit and off-loading at the site shall be at the Client’s sole risk. The Client is advised to obtain appropriate site and goods-in-transit insurance independently.
6. Intellectual Property Protection
6.1 All Swiftbuild modular structures are the exclusive intellectual property of Sheds and Shelters Ltd.
6.2 Clients are strictly prohibited from duplicating, sharing, fabricating, modifying, or relocating any structure without the prior written consent of Sheds and Shelters Ltd.
7. Confidentiality Agreement
The following are deemed confidential and proprietary to Sheds and Shelters Ltd:
a. All correspondence, including emails and written communications;
b. Proforma invoices, invoices, and financial documents;
c. Technical drawings, blueprints, designs, and specifications;
d. Delivered structures, including all components, assembly methods, and proprietary information.
8. Non-Disclosure Obligations
The Client agrees:
8.1 Not to disclose, reproduce, or distribute any Confidential Information to third parties without prior written consent from Sheds and Shelters Ltd; and
8.2 To take all necessary measures to prevent unauthorised access, disclosure, or misuse of Confidential Information.
9. Breach and Remedies
Any unauthorised use or disclosure of Confidential Information or violation of Clauses 3, 4, or 6 shall constitute a material breach of this Agreement. In such cases, Sheds and Shelters Ltd reserves the right to:
a. Seek injunctive relief;
b. Recover monetary damages; and/or
c. Enforce removal or recovery of any delivered structures.
10. Acknowledgement
By engaging in business with Sheds and Shelters Ltd, the Client acknowledges having read, understood, and agreed to be bound by these Terms and Conditions and the Confidentiality Agreement herein.