Legal Information

Terms & Conditions

Please read these terms and conditions carefully before using our services

Last Updated: January 18, 2025

1. Introduction

Welcome to Chatham Forge Pty Ltd ("Company," "we," "our," or "us"). ACN 007 328 010, ABN 58 007 328 010. Registered in Victoria, Australia since 3 November 1989. These Terms and Conditions ("Terms") govern your use of our website at chatham-forge.com and the services we provide, including container conversions, modular construction, tiny homes, office spaces, and related custom building projects.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.

2. Services

2.1 Scope of Services: Chatham Forge specializes in the design, fabrication, and delivery of shipping container conversions, including but not limited to:

  • Residential tiny homes and cabins
  • Commercial office spaces
  • Retail and pop-up shops
  • Industrial workshops and storage facilities
  • Custom container modifications

2.2 Custom Projects: All projects are custom-designed based on client specifications. Final designs must be approved in writing before fabrication begins.

2.3 Service Area: We primarily serve Victoria, Australia and surrounding states and territories. Projects outside this area may be considered on a case-by-case basis.

3. Quotations and Pricing

3.1 Initial Consultation: We offer free initial consultations to discuss project scope, requirements, and rough estimates.

3.2 Formal Quotations: Detailed quotations are provided in writing after the design consultation. Quotes are valid for 30 days from the date of issue.

3.3 Pricing: All prices are quoted in AUD and include GST. Prices include materials, labor, and basic delivery within our standard service area. Additional costs may include:

  • Site preparation requirements
  • Permits and inspections
  • Extended delivery distances
  • Utility connections (electrical, plumbing, HVAC)
  • Design changes after approval

3.4 Price Changes: Prices may be subject to change if material costs increase significantly or if project scope changes are requested after contract signing.

4. Payment Terms

4.1 Deposit: A non-refundable deposit of 30% of the total project cost is required upon contract signing to secure your project slot and begin design work.

4.2 Progress Payments: Payment schedule is typically structured as follows:

  • 30% deposit upon contract signing
  • 40% upon completion of structural fabrication
  • 30% upon final delivery and installation

4.3 Payment Methods: We accept bank transfers, checks, and major credit cards. A 3% processing fee applies to credit card payments.

4.4 Late Payments: Payments not received within 14 days of the due date may incur a late fee of 1.5% per month. Work may be suspended until outstanding payments are received.

4.5 Financing: We work with third-party financing partners. Financing approval and terms are subject to the lender's requirements.

5. Timeline and Delivery

5.1 Project Timeline: Estimated timelines range from 8-16 weeks depending on project complexity. Specific timelines will be provided in your contract.

5.2 Delays: We strive to meet all deadlines, but timelines may be affected by weather, material availability, permit delays, or design changes. We will communicate any delays promptly.

5.3 Delivery: Delivery and installation are included within our standard service area. Customer is responsible for ensuring site accessibility for delivery vehicles and cranes.

5.4 Site Preparation: Customer is responsible for site preparation, including foundation work, utility connections, and any required permits, unless otherwise specified in the contract.

6. Warranty and Guarantees

6.1 Structural Warranty: We provide a 1-year warranty on structural integrity and workmanship from the date of delivery.

6.2 Component Warranties: Appliances, fixtures, and components are covered by their respective manufacturer warranties.

6.3 Exclusions: Our warranty does not cover:

  • Damage caused by improper use or maintenance
  • Normal wear and tear
  • Modifications made by third parties
  • Acts of nature or extreme weather events
  • Foundation or site-related issues

6.4 Warranty Claims: Claims must be submitted in writing within 30 days of discovering the issue. We will assess and repair or replace defective work at our discretion.

7. Cancellation and Refunds

7.1 Cancellation by Client: Projects may be cancelled at any time, subject to the following terms:

  • Before fabrication begins: 30% deposit is non-refundable (covers design and administrative costs)
  • After fabrication begins: Client is responsible for all costs incurred to date plus 20% of remaining balance
  • After 75% completion: No refunds; full payment is due

7.2 Cancellation by Company: We reserve the right to cancel projects if payment terms are not met or if client fails to fulfill contractual obligations. In such cases, refunds will be provided minus costs incurred.

8. Intellectual Property

8.1 Design Rights: All designs, drawings, and specifications created by Chatham Forge remain our intellectual property unless otherwise agreed in writing.

8.2 Portfolio Use: We reserve the right to photograph and use images of completed projects for marketing purposes unless client requests otherwise in writing.

8.3 Website Content: All content on our website, including text, images, logos, and graphics, is protected by copyright and may not be reproduced without permission.

9. Liability and Indemnification

9.1 Limitation of Liability: Our liability is limited to the total contract value. We are not liable for indirect, consequential, or incidental damages.

9.2 Insurance: We maintain general liability insurance. Clients are responsible for insuring their own property once delivered.

9.3 Indemnification: Client agrees to indemnify and hold harmless Chatham Forge from any claims arising from improper site preparation, unauthorized modifications, or failure to obtain required permits.

10. Permits and Compliance

10.1 Client Responsibility: Clients are responsible for obtaining all necessary permits and ensuring compliance with local zoning regulations, building codes, and homeowners association rules.

10.2 Assistance: We provide engineered drawings and technical specifications to support permit applications. We can offer guidance but cannot guarantee permit approval.

10.3 Compliance: Our structures are designed to meet applicable building codes, but final approval rests with local authorities.

11. Dispute Resolution

11.1 Negotiation: In the event of a dispute, parties agree to first attempt resolution through good-faith negotiation.

11.2 Mediation: If negotiation fails, parties agree to pursue mediation before initiating legal proceedings.

11.3 Governing Law: These Terms are governed by the laws of the State of Victoria, Australia. Any legal action must be brought in the courts of Victoria, Australia.

12. Privacy and Data Protection

12.1 Information Collection: We collect personal information necessary to provide our services, including name, contact details, project specifications, and payment information.

12.2 Use of Information: Your information is used solely for project delivery, communication, and improvement of our services. We do not sell or share your data with third parties except as required for service delivery.

12.3 Data Security: We implement reasonable security measures to protect your information from unauthorized access or disclosure.

12.4 Marketing Communications: You may opt out of marketing emails at any time by using the unsubscribe link or contacting us directly.

13. Changes to Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last Modified" date. Continued use of our services after changes constitutes acceptance of the updated Terms.

For existing contracts, the Terms in effect at the time of contract signing will govern unless both parties agree to updated terms in writing.

14. Contact Information

For questions about these Terms or our services, please contact us:

Chatham Forge Pty Ltd

ACN: 007 328 010

ABN: 58 007 328 010

Address: Victoria, Australia 3281

Phone: +61 XXX XXX XXX

Email: info@chathamforge.com.au

Business Hours: Monday-Friday, 8:00 AM - 5:00 PM AEST

GST Registered: Since 1 July 2000

Acknowledgment

By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions or concerns, please contact us before proceeding with any services.