TERMS & CONDITIONS of Mothix Containers

1. Introduction

These Terms & Conditions govern your use of the Mothix Containers website and the purchase of products and services from Mothix Containers.

Mothix Containers is an Australian business supplying shipping containers, modified containers, office containers, container homes, modular structures and related products within Australia.

By accessing our website, submitting an enquiry, requesting a quotation, placing an order or purchasing a product from Mothix Containers, you agree to be bound by these Terms & Conditions, together with any applicable quotation, invoice, order confirmation, product-specific terms and policies referred to in these Terms.

If you do not agree with these Terms & Conditions, please do not use the website or place an order.

2. Australian Consumer Law

Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law (ACL) or other applicable Australian legislation.

Our goods and services are subject to consumer guarantees where applicable. Consumer guarantees operate automatically and cannot be removed by a website policy, contract or warranty.

Where applicable, customers may have rights to repair, replacement, refund, cancellation or compensation depending on the nature and circumstances of a problem with a product or service.

3. About Mothix Containers

Mothix Containers is an Australian supplier based in Bendigo, Victoria.

Our business details are:

Business Name: Mothix Containers
Address: 19 Honeysuckle St, Bendigo VIC 3550, Australia
Email: contact@mothixcontainers.com
Phone: +61 4 8998 6953

Mothix Containers operates and supplies products within Australia.

4. Website Use

You may use this website for lawful purposes only.

You must not:

use the website for fraudulent or unlawful purposes;
attempt to gain unauthorised access to the website or its systems;
interfere with the operation or security of the website;
copy or reproduce website content without permission;
use automated systems to collect website information without our permission;
submit false or misleading information;
impersonate another person or business; or
use the website in a way that could damage Mothix Containers or its customers.

We may restrict or suspend access to the website where reasonably necessary for security, maintenance or legal reasons.

5. Product Information

We make reasonable efforts to ensure that product descriptions, specifications, images and other information on our website are accurate and current.

However, some products may vary depending on:

manufacturer;
production batch;
container age;
condition;
modifications;
availability;
configuration;
materials;
colour;
dimensions; and
supplier specifications.

Where exact specifications are important to your intended use, please contact Mothix Containers before placing an order so that the relevant specifications can be confirmed.

Product images may be representative images unless expressly stated otherwise.

6. Product Availability

Products displayed on our website are subject to availability.

A product being displayed on the website does not necessarily guarantee that the exact unit shown in an image is currently available.

Stock availability may change without notice.

Where a product is unavailable after an order has been placed, we will contact the customer and discuss the available options, which may include:

supplying an equivalent product where agreed;
providing an alternative product;
waiting for new stock; or
providing a refund where applicable.

We will not knowingly accept payment for a product that we cannot supply without providing an appropriate resolution.

7. Product Condition

Products may be supplied as:

new;
one-trip;
used;
refurbished;
modified; or
custom-built.

The applicable condition will be stated on the relevant product page, quotation, invoice or other sales documentation.

Used shipping containers may contain normal signs of previous use, including dents, scratches, surface rust, repairs, paint deterioration, floor wear and other cosmetic imperfections.

Customers should review the product description and photographs carefully before purchasing a used product.

8. Product Prices

Prices displayed on the website are in Australian dollars (AUD) unless expressly stated otherwise.

Product prices may change due to factors including:

supplier pricing;
material costs;
stock availability;
manufacturing costs;
transportation costs;
configuration;
customisation; and
market conditions.

The applicable price for an order will generally be the price confirmed in the relevant order confirmation, quotation or invoice, subject to applicable law.

We take reasonable care to ensure that prices displayed on the website are accurate.

If an obvious pricing error occurs, we may contact the customer before processing the order to confirm the correct price and available options.

Nothing in this section limits any rights available to customers under Australian law.

9. GST

Unless otherwise stated, applicable Australian Goods and Services Tax (GST) will be handled in accordance with Australian tax requirements.

Where GST is included in a displayed price, this will be indicated where appropriate.

Where a quotation or invoice states that GST is additional, the applicable GST will be added to the quoted price.

The final amount payable will be shown on the relevant invoice or order documentation.

10. Quotations

Mothix Containers may provide written quotations for products, modifications, delivery or other services.

Unless otherwise stated, a quotation may be subject to:

product availability;
supplier confirmation;
freight availability;
delivery location;
site access;
unloading requirements;
requested modifications;
material availability;
changes in transport costs; and
quotation expiry dates.

A quotation does not constitute acceptance of an order unless expressly stated.

Quotation validity periods will be stated on the quotation where applicable.

11. Custom and Modified Products

Mothix Containers may offer modified or custom-built products.

Customisation may include:

doors;
windows;
insulation;
electrical systems;
lighting;
air conditioning;
plumbing;
bathrooms;
kitchens;
flooring;
internal walls;
cabinetry;
paint finishes; and
other modifications.

Custom specifications must be confirmed before production or modification begins.

Once a customer has approved custom specifications and production or modification has commenced, changes or cancellations may result in additional costs.

Any cancellation rights required by Australian Consumer Law remain unaffected.

12. Container Homes and Modular Structures

Container homes and modular structures may require planning approval, building approval, development approval, permits, engineering certification, utility approvals or other approvals depending on the location and intended use.

Requirements vary between Australian states, territories, councils and individual sites.

Unless expressly included in writing, the customer is responsible for determining and obtaining approvals applicable to their site and intended use.

Customers should obtain appropriate advice from their local council, building surveyor, engineer, certifier or other qualified professional where required.

Mothix Containers does not guarantee that a particular product will automatically receive approval for a particular site or intended use.

13. Site Preparation

Customers are responsible for ensuring that the delivery site is suitable unless site preparation has expressly been included as part of the order.

This may include:

suitable ground conditions;
adequate access;
foundations or supports;
drainage;
clearance;
overhead clearance;
turning space;
access for delivery equipment;
safe unloading conditions; and
any required permits.

Additional costs caused by unsuitable site conditions may apply where agreed or reasonably incurred.

14. Delivery

Mothix Containers arranges or coordinates delivery throughout Australia using transport providers and other logistics partners.

Delivery arrangements may depend on:

delivery postcode;
product dimensions;
product weight;
transport availability;
road access;
site access;
unloading requirements;
crane or other equipment requirements;
weather;
road conditions;
permits; and
other logistical circumstances.

A delivery timeframe provided by Mothix Containers is an estimate unless a specific guaranteed delivery date has been expressly agreed in writing.

We will communicate material delays where reasonably possible.

15. Delivery Access Requirements

Before delivery, customers must provide accurate information about the delivery location and access conditions.

Customers should advise us of any relevant:

narrow roads;
gates;
bridges;
low overhead structures;
power lines;
steep driveways;
restricted access;
soft or unstable ground;
difficult turning areas; or
other delivery restrictions.

If a delivery cannot be safely completed because the customer has provided inaccurate or incomplete information, additional transport, waiting, redelivery or other reasonable costs may apply where permitted.

16. Unloading and Placement

Unless expressly included in the order, delivery does not necessarily include:

crane hire;
forklift hire;
unloading equipment;
foundation installation;
levelling;
positioning;
connection to utilities; or
site preparation.

Where unloading or placement services are included, the applicable scope will be stated in the quotation or order documentation.

17. Inspection on Delivery

Customers should inspect the product as soon as reasonably possible after delivery.

Where visible damage is identified, customers should:

photograph the damage;
note the issue on delivery documentation where possible;
notify Mothix Containers as soon as reasonably possible; and
provide photographs or other relevant evidence.

Prompt notification helps us investigate delivery-related issues with the transport provider.

Nothing in this section limits any rights available under the Australian Consumer Law.

18. Payment

Payment methods accepted by Mothix Containers may include:

credit or debit card;
bank transfer;
other payment methods displayed at checkout; or
another payment method expressly agreed in writing.

The available payment method and payment instructions will be stated on the website, quotation, invoice or order confirmation.

For customised or made-to-order products, a deposit or progress payment may be required.

The applicable payment schedule will be stated in the relevant quotation or invoice.

19. Order Acceptance

An order is not necessarily accepted merely because an order has been submitted through the website.

An order may be subject to:

stock availability;
payment verification;
product availability;
delivery confirmation;
supplier confirmation;
customisation confirmation; and
other reasonable checks.

Mothix Containers may contact the customer to confirm details before accepting or processing an order.

Where an order cannot be fulfilled, we will contact the customer and provide an appropriate resolution in accordance with applicable law.

20. Cancellation

Cancellation rights depend on the circumstances of the purchase.

Customers should contact Mothix Containers as soon as possible if they wish to cancel an order.

Customised, modified or made-to-order products may have specific cancellation terms because work or materials may have already been committed.

However, nothing in this section removes or limits any cancellation, refund or other rights provided by the Australian Consumer Law.

21. Refunds and Returns

Returns and refunds are governed by our Refund & Returns Policy, together with any applicable rights under Australian law.

A change-of-mind return is different from a return relating to a faulty, damaged or incorrectly supplied product.

Mothix Containers is not required to provide a refund solely because a customer changes their mind unless our applicable returns policy provides such a right.

Consumer guarantee rights apply separately where applicable.

22. Australian Consumer Guarantees

Products supplied by Mothix Containers are subject to applicable consumer guarantees under the Australian Consumer Law.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

These rights operate independently of any voluntary warranty provided by Mothix Containers or a manufacturer.

23. Warranty

Any voluntary warranty provided by Mothix Containers or a manufacturer is governed by the applicable warranty documentation.

Warranty periods and coverage may vary between products.

For further information, please refer to our Warranty Policy and any product-specific warranty documentation.

A voluntary warranty does not replace or limit applicable Australian Consumer Law rights.

24. Customer Responsibilities

Customers are responsible for:

providing accurate contact information;
providing an accurate delivery address;
providing accurate site-access information;
reviewing product specifications;
confirming that the product is suitable for the intended use;
obtaining required approvals where applicable;
providing safe access for delivery;
following reasonable care and maintenance instructions; and
paying amounts due under the agreed order.

Where professional installation, electrical, plumbing, structural or building work is required, customers should use appropriately qualified professionals.

25. Product Modifications After Delivery

Customers must not assume that a container or structure can be modified without considering structural, electrical, plumbing, engineering, planning or other requirements.

Unauthorised modifications may affect product performance, certification, structural integrity or applicable voluntary warranty coverage.

Customers should obtain appropriate professional advice before undertaking significant modifications.

Nothing in this section limits statutory rights.

26. Electrical and Plumbing Work

Where products include electrical or plumbing installations, the relevant work should comply with applicable Australian requirements.

Where connection, installation, alteration or commissioning requires a licensed professional, the customer must arrange for the work to be performed by an appropriately licensed person unless expressly included in the Mothix Containers scope of supply.

27. Third-Party Services

Mothix Containers may use independent third parties for services such as:

transportation;
crane hire;
installation;
electrical work;
plumbing;
engineering;
fabrication; or
other specialist services.

Where third-party services are arranged as part of an order, Mothix Containers will coordinate those services according to the agreed scope.

Third-party service providers may have their own operational requirements and documentation.

28. Website Content and Images

Product photographs and illustrations are provided to assist customers in understanding the products.

Actual products may differ slightly from photographs in:

colour;
finish;
configuration;
branding;
accessories;
fittings; or
other minor details.

Where an exact specification or configuration is essential, customers should confirm it with Mothix Containers before ordering.

We aim to keep website content accurate and current but do not guarantee that every page will always be completely free of typographical, technical or pricing errors.

29. Intellectual Property

Unless otherwise stated, the content of the Mothix Containers website, including:

logos;
photographs;
graphics;
text;
product descriptions;
designs;
page layouts;
videos; and
other materials

is owned by or licensed to Mothix Containers.

You must not reproduce, modify, distribute or commercially exploit website content without our written permission, except where permitted by law.

30. Customer Reviews and User Content

Customers may be invited to submit reviews, photographs or other content.

By submitting content, you confirm that:

the content is truthful to the best of your knowledge;
you have the right to submit the content;
it does not infringe another person’s rights;
it is not unlawful, defamatory or misleading; and
it does not contain malicious code or harmful material.

Mothix Containers may moderate, remove or decline to publish content that breaches these requirements.

We do not guarantee that every submitted review will be published.

Reviews must reflect genuine customer experiences.

31. Privacy

Personal information collected through the website is handled in accordance with our Privacy Policy.

By using the website or submitting personal information, you acknowledge that your information may be collected and used for purposes including:

processing orders;
responding to enquiries;
arranging delivery;
processing payments;
providing customer service;
managing warranty or return claims; and
complying with legal obligations.

Please refer to our Privacy Policy for further information.

32. Third-Party Links

Our website may contain links to third-party websites.

These links are provided for convenience.

Mothix Containers does not necessarily control or endorse third-party websites and is not responsible for their content, availability, security or privacy practices.

Customers should review the relevant third party’s terms and policies before using those services.

33. Website Availability

We aim to keep the website available and functioning correctly.

However, temporary interruptions may occur because of:

maintenance;
hosting issues;
technical problems;
security incidents;
internet outages;
software updates; or
circumstances outside our reasonable control.

We do not guarantee uninterrupted access to the website.

34. Limitation of Liability

To the maximum extent permitted by law, Mothix Containers will not be liable for loss or damage arising from circumstances outside our reasonable control.

This may include delays or interruptions caused by:

severe weather;
natural disasters;
road closures;
transport disruptions;
industrial action;
government restrictions;
supplier delays;
unexpected manufacturing delays;
telecommunications failures; or
other events beyond our reasonable control.

Nothing in these Terms excludes, restricts or modifies liability or rights that cannot lawfully be excluded, restricted or modified under Australian law.

In particular, Mothix Containers does not exclude liability for obligations arising under applicable Australian Consumer Law.

35. Events Beyond Our Reasonable Control

Where an event beyond our reasonable control affects our ability to supply or deliver a product or service, we will take reasonable steps to minimise the impact and keep affected customers informed.

Where the delay becomes substantial or the order cannot reasonably be fulfilled, we will discuss available options with the customer, subject to applicable law.

36. Errors and Corrections

We may correct errors in website content, including:

product descriptions;
specifications;
prices;
availability;
images; or
other information.

If an error materially affects an order that has not yet been fulfilled, we may contact the customer to clarify the correct information and available options.

Nothing in this section is intended to remove any rights arising under Australian law.

37. Changes to These Terms

Mothix Containers may update these Terms & Conditions from time to time.

The updated version will be published on this page with a revised “Last Updated” date.

Changes will generally apply to future use of the website and future transactions.

Terms already agreed for an existing order will continue to apply to that order, subject to applicable law.

38. Governing Law

These Terms & Conditions are governed by the laws applicable in Victoria, Australia, subject to any mandatory laws that apply to a customer or transaction elsewhere in Australia.

The parties submit to the applicable courts and tribunals having jurisdiction in Victoria, subject to any mandatory jurisdictional rights available under Australian law.

39. Complaints and Dispute Resolution

If you have a concern about a product, service, order or transaction, please contact us first.

We will review the matter and attempt to resolve it reasonably.

Contact

Mothix Containers
19 Honeysuckle St, Bendigo VIC 3550 Australia

Email: contact@mothixcontainers.com
Phone: +61 4 8998 6953

We encourage customers to provide relevant information, photographs, order numbers and other documentation that may help us investigate a complaint.

40. Entire Agreement

Where applicable, these Terms & Conditions, together with the relevant:

quotation;
invoice;
order confirmation;
product specifications;
warranty documentation;
Refund & Returns Policy;
Shipping & Payment Policy; and
other expressly incorporated documents

form the contractual framework applicable to the relevant transaction.

If there is an inconsistency between these Terms and a specific written agreement for an order, the specific agreement will apply to the extent of the inconsistency, subject to applicable law.

41. Contact Information

For questions about these Terms & Conditions, please contact:

Mothix Containers
19 Honeysuckle St, Bendigo VIC 3550, Australia