Terms of sale

These terms of sale govern the supply of factory-built expandable granny flats by Lodgeyard, a brand of REXOR GROUP LLC, to customers in New South Wales. They explain how quotes, orders, payments, delivery and importing work, how the turnkey price is split between two separate contracts, and the consumer guarantees and written warranty that come with our goods. Nothing in these terms limits your rights under the Australian Consumer Law.

Version 1.0. Effective date: 25 October 2026.

1. Key terms at a glance

1.1 This clause 1 summarises the most important terms of your Contract with us. It forms part of these Terms. The clauses referred to below set out the detail.

• (a) Who we are. Lodgeyard is a brand of REXOR GROUP LLC, a limited liability company registered in New Mexico, USA (clause 2).
• (b) Quotes. Nothing on this website is an offer to sell at a fixed price. Each sale is made on a written Quote (clause 5).
• (c) One turnkey price, two contracts. Your Quote gives one Turnkey Price and shows who is paid what. We sell the Unit and deliver it to your block. You pay the GST and Import Charges at the border as the importer. A licensed NSW builder carries out the Site Works under its own written contract with you, and you pay the builder directly, never through us. You pay the Approval Fees directly to the Certifier or Council you appoint (clause 6).
• (d) Approval comes first. Nothing is payable to us before the Australian Version of the Unit is confirmed in writing in your Quote and your Council or Certifier confirms in writing that your Unit can be approved on your block. If approval is refused, you owe us nothing (clause 7).
• (e) Two payments to us. A Deposit when you order and the Balance when we send you the independent pre-shipment Inspection Report, before loading, both after that written confirmation, and only to the bank account shown on our Pro Forma Invoice (clauses 8 to 10).
• (f) Delivery, risk and ownership. We deliver the Unit to your block, by truck and crane in Metro Sydney. It is insured in transit and stays at our risk until it is set down on your footings. Ownership passes to you once it is delivered and paid for in full (clauses 14 and 15).
• (g) Cancellation. You may cancel at any time before Delivery. What we may keep is limited to our actual, itemised and unavoidable costs or loss, as set out in clause 17.
• (h) Your rights. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, and we also give you a written warranty against defects in the Unit (clauses 19 and 20).

2. About us and these Terms

2.1 These Terms are issued by REXOR GROUP LLC, a limited liability company registered in New Mexico, USA, which supplies granny flats in Australia under its brand Lodgeyard. Lodgeyard is a brand of REXOR GROUP LLC and is not a separate legal entity.

• Address: 8206 Louisiana Blvd NE, Ste A #9493, Albuquerque, NM 87113, USA
• Email: contact@lodgeyard.com

2.2 These Terms apply to every Quote we issue for, and every Contract we enter into for, the supply of a Unit to be delivered to a Site in New South Wales.

2.3 Our offer in Australia is made to homeowners who wish to install a secondary dwelling on their own land. These Terms are written for consumers within the meaning of the ACL. If you acquire a Unit in connection with a business, you may still be a consumer under the ACL, and nothing in these Terms limits any right you have as a consumer.

2.4 We are not the manufacturer of the Units. Units are manufactured in China by partner factories that we select, check and compare for each order.

2.5 Lodgeyard does not carry out, contract for or supervise building work. We are not a builder, we do not hold a NSW contractor licence and we do not hold ourselves out as able to carry out residential building work.

3. Definitions and interpretation

Definitions

3.1 In these Terms, unless the context requires otherwise:

• ACL means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as it applies as a law of the Commonwealth and as a law of New South Wales, including under the Fair Trading Act 1987 (NSW).
• Approval means the approval required by law for the Unit to be installed and used as a secondary dwelling on your Site, under whichever pathway applies to your Site, being a complying development certificate or a development consent under the Environmental Planning and Assessment Act 1979 (NSW), or an approval to install a manufactured home under section 68 of the Local Government Act 1993 (NSW), together with any related approval that must be obtained before the Unit is installed.
• Approval Confirmation means written confirmation from your Council or Certifier that the Unit described in your Quote can be approved on your Site.
• Approval Fees means the fees payable to your Certifier or Council in connection with the Approval, as estimated in your Quote, but not Council contributions referred to in clause 6.2.
• Australian Version means the version of a model specified for approval in New South Wales and described in your Quote. For the Yard 37, it means the version with 2.4 m ceilings and a laundry that we are specifying with the Manufacturer.
• Balance means the part of the Unit Price that remains payable after the Deposit, as set out in the payment schedule of your Quote.
• Builder means the holder of a NSW contractor licence for residential building work who is named in your Quote, or another licensed builder you engage under clause 6.6.
• Builder Contract means the written contract between you and the Builder for the Site Works.
• Business Day means a day that is not a Saturday, a Sunday or a public holiday in Sydney.
• Certifier means a registered certifier whom you appoint in connection with the Approval.
• Contract means the contract between you and us for the supply of the Unit, formed under clause 8 and made up of the documents listed in clause 4.1.
• Council means the local council for the area in which your Site is located.
• Customs Broker means the licensed customs broker we arrange to clear the Unit through customs in your name.
• Delivery means the set-down of the Unit on the Footings on your Site, or, where your Quote provides for a different delivery point, delivery at that point, and Delivered has a corresponding meaning.
• Deposit means the first payment to us set out in the payment schedule of your Quote.
• Drawings means the drawings of the Unit attached to your Quote or approved by you under clause 11.2.
• Estimated Delivery Date means the estimated date of Delivery given in your Quote, as updated by us under clause 14.6.
• Footings means the footings and tie-down points built by the Builder to receive the Unit.
• Force Majeure Event has the meaning given in clause 18.1.
• GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Import Charges means GST on the importation of the Unit, any customs duty, the Customs Broker's fees, and biosecurity and other charges payable on or in connection with the importation of the Unit, as estimated in your Quote.
• Inspection Report means the report of the independent inspection company on the pre-shipment inspection of the Unit, with its photographs, together with the results of the asbestos testing referred to in clause 12.4.
• Manufacturer means the factory that manufactures the Unit.
• Metro Sydney means the areas of the 30 Sydney metropolitan councils, being Greater Sydney except the Blue Mountains, Hawkesbury and Wollondilly, and not including the Central Coast. The 30 councils are Bayside, Blacktown, Burwood, Camden, Campbelltown, Canada Bay, Canterbury-Bankstown, Cumberland, Fairfield, Georges River, Hornsby, Hunter's Hill, Inner West, Ku-ring-gai, Lane Cove, Liverpool, Mosman, North Sydney, Northern Beaches, Parramatta, Penrith, Randwick, Ryde, Strathfield, Sutherland, City of Sydney, The Hills, Waverley, Willoughby and Woollahra.
• Order means your acceptance of a Quote by signing it.
• Pro Forma Invoice means the pro forma invoice we issue to you, which shows the only bank account to which payments to us may be made.
• Quote means our written quote for the Unit, including its schedules and attachments.
• Site or your block means the land in New South Wales identified in your Quote on which the Unit is to be installed.
• Site Works means the works described in clause 6.1(c), and any other work on your Site, including the preparation of the approval file, footings, tie-down, expansion of the Unit, connections and certificates.
• Specification means the technical specification of the Unit attached to your Quote.
• Standard Site means a level block of at least 450 m² in Metro Sydney, outside bushfire, flood and heritage areas, with truck and crane access and the house services within 15 m, as described on our Website.
• Turnkey Price means the single total price shown in your Quote, made up of the parts described in clause 6.1.
• Unit means the factory-built expandable granny flat described in your Quote, including the fittings and equipment listed in the Specification, but not the Site Works.
• Unit Price means the price of the Unit payable to us, as stated in your Quote.
• Variation means a change to the Unit, the Specification, the Drawings, the delivery arrangements or the Unit Price agreed in writing under clause 11.
• Warranty means our written warranty against defects published at /au/legal/warranty, and the copy of it issued with your Quote.
• Website means the Australian pages of lodgeyard.com.
• we, us, our and Lodgeyard mean REXOR GROUP LLC, acting under its brand Lodgeyard.
• you and your mean the person or persons named as the customer in your Quote. If more than one person is named, each of you is bound by the Contract and each of you may exercise the rights it gives.

Interpretation

3.2 In these Terms, unless the context requires otherwise:

• (a) headings and the summary in clause 1 are for convenience, and the detailed clauses govern if the summary is incomplete;
• (b) the words "including", "for example" and similar expressions do not limit what else may be included;
• (c) a reference to a law includes that law as amended or replaced, and any regulation or other instrument made under it;
• (d) a reference to a clause is to a clause of these Terms;
• (e) a reference to writing includes email;
• (f) amounts are in Australian dollars;
• (g) where these Terms are unclear, the general law of interpretation applies, including the rule that an ambiguous term is read against the party that drafted it.

3.3 Nothing in these Terms is intended to exclude, restrict or modify any right or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified. If a provision of these Terms would have that effect, it does not apply to that extent.

4. Contract documents and order of precedence

4.1 The Contract is made up of:

• (a) your signed Quote, including its schedules and attachments, such as the Specification, the Drawings, the payment schedule, the delivery terms and the estimate of the charges payable at the border;
• (b) these Terms, in the version attached to or referred to in your Quote; and
• (c) the Warranty.

4.2 The terms attached to your quote apply to your order. If there is an inconsistency between the documents in clause 4.1, your Quote prevails over these Terms and over the Warranty, and these Terms prevail over the other attachments, except that nothing in a Quote reduces a right that clause 7 (Approval comes first), clause 19 (Consumer guarantees) or clause 20 (Our written warranty against defects) gives you.

4.3 The Builder Contract does not form part of the Contract. We are not a party to it, and it is not affected by the Contract except as described in these Terms.

4.4 Information on our Website, in brochures, in our emails before your Order and in our chat window is general information. The Unit you buy is the Unit described in your Quote, its Specification and its Drawings. Photographs and images on our Website may show units of the same model built for other customers, computer-generated images, or options that are not included in your Quote. This clause does not limit our responsibility under the ACL for any statement that is misleading or deceptive.

4.5 Any terms and conditions that you propose do not form part of the Contract unless we agree to them in writing.

5. Website information, the chat window and Quotes

5.1 Nothing on this website is an offer to sell at a fixed price. Prices shown on our Website are starting prices for the unit described next to them, on the assumptions stated with them, such as a Standard Site in Metro Sydney. The price for your project is the price in your Quote.

5.2 Each sale is made on a written quote that sets out:

• the unit;
• its inclusions;
• the price;
• the delivery terms;
• the payment schedule;
• an estimate of the charges payable at the border.

5.3 Your Quote also shows the Turnkey Price and each of its parts, the Builder's name, contractor licence number, Home Building Compensation details and price for your block, the estimated Approval Fees, the Estimated Delivery Date and the period for which the Quote is valid.

5.4 We prepare your Quote on the basis of the information you give us about your project and your Site. Before you get a quote, we check access with you: street width, driveway, gates, slope, power lines and crane position.

5.5 A Quote is valid for the period stated in it. Until your Order becomes binding under clause 8.1, you are free not to proceed, and we may withdraw a Quote or replace it with a revised Quote, for example if the information on which it was based changes. A revised Quote replaces the earlier Quote only once you sign it.

5.6 The chat window on our Website connects you with an automated sales agent. It is an artificial intelligence system, not a person, and it is identified as such in the chat window. It provides general information and can pass your request to our team. It cannot make or accept an offer, agree a price, discount or delivery date, or change these Terms. If anything it tells you is inconsistent with your written Quote, the written Quote applies. This clause does not limit our responsibility under the ACL for information given in the chat window. Never enter bank account or payment card details in the chat window: the automated sales agent will never ask you for them.

6. The Turnkey Price and the two contracts

6.1 Your quote gives one turnkey price and shows who is paid what:

• (a) the unit, delivered to your block, sold and invoiced by Lodgeyard;
• (b) the GST and import charges, paid by you at the border as the importer;
• (c) the site works (footings, tie-down, expansion of the unit, connections, certificates), contracted and carried out by the licensed NSW builder named in your quote, under its own written contract with you, at the price set in your quote. You pay the builder directly, never through us;
• (d) the approval fees, paid by you directly to the certifier or council you appoint.

6.2 Unless your Quote states otherwise, the Turnkey Price does not include any development contributions that your Council may levy, which depend on the Council and are payable by you directly to it.

6.3 Your project therefore involves two separate contracts: the Contract with us for the Unit, and the Builder Contract with the Builder for the Site Works. Each party is responsible for performing its own contract. The Builder is an independent business; it is not our agent, employee or subcontractor.

6.4 We do not receive or hold any money for the Site Works or the Approval Fees. We receive no commission from the Builder on your Site Works.

6.5 Lodgeyard does not carry out, contract for or supervise building work. We select the Builder named in your Quote, supply the documents described in clause 7.5 and agree the date of Delivery with you, taking into account the Builder's programme. The Builder alone is responsible for the Site Works.

6.6 You are not obliged to engage the Builder named in your Quote. If you engage another builder holding the required NSW licence, the Builder's price shown in your Quote no longer applies, the Turnkey Price is no longer a total for your project, and you are responsible for ensuring that your builder completes the Footings and can receive the Unit on the date of Delivery. The Unit Price and the other terms of the Contract are not affected.

6.7 The Turnkey Price includes estimates of amounts payable to third parties, namely the Import Charges, the Approval Fees and the Builder's price. We prepare the estimates of Import Charges and Approval Fees in good faith on the information available when we issue your Quote. The amounts actually payable are set by law or by the relevant third party, and the Builder's price is set by the Builder Contract.

7. Approval comes first

7.1 The Yard 37 as currently specified cannot be approved in NSW (2.26 m ceilings, no laundry). We are specifying an Australian version with 2.4 m ceilings and a laundry.

7.2 Nothing is payable to us before that version is confirmed in writing in your quote and your council or certifier confirms in writing that your unit can be approved on your block. The same rule applies to every model we offer in Australia: nothing is payable to us before the Australian Version of the Unit is confirmed in writing in your Quote and you have received Approval Confirmation.

7.3 If approval is refused, you owe us nothing. In particular:

• (a) if your Council or Certifier refuses to give Approval Confirmation, you owe us nothing; and
• (b) if, after you have paid us any amount, the Approval for the Unit on your Site is refused, you owe us nothing and we refund every amount you have paid us within 14 days after you send us a copy of the refusal.

7.4 Your Council or a registered Certifier decides whether the Unit can be approved, not us. The pathway depends on your Site and on how the Unit is classified: as a building, by a complying development certificate or a development consent, or as a manufactured home, by an approval under section 68 of the Local Government Act 1993 (NSW). We do not guarantee that Approval will be granted or how long it will take, which is why clauses 7.2 and 7.3 apply.

7.5 We supply the drawings, structural calculations, product certificates and manuals that your Certifier or Council and the Builder ask for in relation to the Unit, and, for a manufactured home, the structural engineer's certificate and the compliance plate.

7.6 You appoint your Certifier or apply to your Council, directly or through the Builder, who prepares the approval file as part of the Site Works. You give them accurate information about your Site and comply with the conditions of the Approval.

7.7 If an Approval is granted subject to a condition that requires a change to the Unit, we will tell you whether, how and at what price the change can be made. Any such change is a Variation under clause 11.

7.8 We never collect Approval Fees. You pay them directly to your Certifier or Council.

8. Your Order and formation of the Contract

8.1 Your order becomes binding once you have signed the quote and we have received the deposit set out in its payment schedule. The Contract is formed at that time.

8.2 Because nothing is payable to us before the conditions in clause 7.2 are met, we do not issue a Pro Forma Invoice for the Deposit, and we do not accept any payment, before the Australian Version is confirmed in writing in your Quote and you have received Approval Confirmation.

8.3 We confirm in writing that we have received your Deposit and that your Order is binding.

8.4 You may sign your Quote by hand or electronically. An electronic signature has the same effect as a handwritten signature, in accordance with the Electronic Transactions Act 2000 (NSW).

8.5 If your Contract is an unsolicited consumer agreement within the meaning of Part 3-2, Division 2 of the ACL, you have the rights that Division gives you, including the right to terminate the agreement within the termination period it sets, and we will give you the information and documents it requires.

9. Price

9.1 The Unit Price is stated in Australian dollars in your Quote. Unless your Quote states otherwise, it includes:

• (a) the Unit built to the Specification and the Drawings;
• (b) the independent pre-shipment inspection and the asbestos testing described in clause 12;
• (c) sea freight and insurance of the Unit in transit;
• (d) delivery to your block, including truck and crane in Metro Sydney;
• (e) the documents described in clause 7.5 and the Unit's manuals.

9.2 Unless your Quote states otherwise, the Unit Price does not include:

• (a) the GST and Import Charges, which you pay as the importer under clause 13;
• (b) the Site Works, which you pay to the Builder under the Builder Contract;
• (c) the Approval Fees and any Council contributions;
• (d) delivery outside Metro Sydney, which is quoted for your Site;
• (e) options or finishes not listed in your Quote.

9.3 We do not increase the Unit Price after your Order becomes binding, except by a Variation that you agree to in writing.

9.4 We give you an invoice for each payment you make to us. It is your proof of the transaction.

10. Payments

10.1 Two payments, both after that written approval: a deposit when you order, and the balance when we send you the independent pre-shipment inspection report, before loading. The amounts and dates are in your quote.

10.2 We do not ask you for any payment for the Unit other than the Deposit and the Balance, except a payment for a Variation that you have agreed to in writing.

10.3 Payments are made by bank transfer to the account shown on our pro forma invoice. We will never ask you to pay to bank details sent by any other means. If in doubt, contact us before paying.

10.4 The automated replies in our chat window never ask for and never give bank details. If you receive a message, apparently from us, that gives different bank details or asks you to pay urgently to a new account, do not pay, and contact us at contact@lodgeyard.com.

10.5 A payment is made to us when it is received in the account shown on our Pro Forma Invoice. This does not affect any right you have against us if a payment was misdirected because of our fault, for example because our systems were compromised.

10.6 Each party pays the charges of its own bank for a transfer.

10.7 If the Balance is not paid by the date set out in your Quote, we are not required to load or ship the Unit until it is paid, we tell you in writing, and the Estimated Delivery Date is extended by the period of the delay. If the Balance remains unpaid 30 days after our written notice, we may end the Contract by further written notice, and clause 17.6 applies.

10.8 Payments to the Builder are made under the Builder Contract, never through us. In NSW, the Builder's deposit is capped at 10% and is due only once you hold its Home Building Compensation certificate.

11. Specification, Drawings and Variations

11.1 We supply the Unit in accordance with the Specification and the Drawings. For NSW, the Australian Version is specified with electrical equipment bearing Australian approval marks recognised in NSW and with WaterMark plumbing products, specified as Lead Free WaterMark certified, and with the layout and finish you choose, all fixed in drawings you approve.

11.2 Production of your Unit starts after we have received the Deposit and you have approved the Drawings in writing. We do not start production on drawings you have not approved.

11.3 You may ask for a change to the Unit, the Specification or the Drawings. We tell you in writing whether the change can be made and its effect on the Unit Price and on the Estimated Delivery Date. A change takes effect only as a Variation signed or confirmed in writing by both of us. We are not obliged to agree to a change.

11.4 We will not change the Unit, the Specification or the Drawings after your Order becomes binding without your written agreement, except:

• (a) a change required to comply with an Australian law or standard that applies to the Unit, or with a condition of your Approval. We tell you in writing before the change is made. If the change would increase the Unit Price, the increase applies only if you agree to it in writing. If you do not agree and we cannot lawfully supply the Unit without the change, either of us may end the Contract by written notice, and we refund every amount you have paid us within 14 days; or
• (b) the substitution of a component of equal or better quality that does not adversely affect the appearance, dimensions, function, performance, compliance or durability of the Unit. We tell you in writing before loading. If you reasonably consider that the substitution adversely affects you, you may refuse it, and we will supply the component in the Specification.

12. Manufacturing, inspection and testing

12.1 The Manufacturer builds and finishes the Unit in its factory to the Specification and the Drawings.

12.2 We relay to you photographs of your Unit while it is being built, and photographs and reports on the inspection, shipping and Delivery.

12.3 When production is finished, an independent inspection company (such as SGS, Bureau Veritas, QIMA or similar) checks the Unit at the factory against a written checklist covering dimensions, structure, windows, finishes, fittings and documents. Defects found at inspection are fixed before the Unit leaves the factory, not after it arrives. The Manufacturer is paid its balance only after the inspection is passed.

12.4 Materials of the Unit are sampled and tested for asbestos by a NATA-recognised laboratory, and you receive the reports. The importation of goods containing asbestos into Australia is prohibited, and we will not ship to you a Unit that we know contains asbestos.

12.5 We send you the Inspection Report with our request for the Balance, before loading.

12.6 Passing the inspection does not mean that you have accepted the Unit, and it does not limit your rights under clauses 19 and 20.

13. Importing

13.1 You are the importer. Our customs broker clears the unit in your name, and you pay the GST and any duty at the border. Your quote estimates these amounts before you order.

13.2 The Customs Broker acts on your behalf for the customs clearance of the Unit. You authorise it to do so and give it the information and documents it needs, which may include the identity information that the Australian Border Force requires to register you as an importer. You pay the Import Charges, directly or through the Customs Broker, as set out in your Quote.

13.3 We supply the commercial documents needed for the importation, including the commercial invoice, the packing list, the asbestos test results and, where available, a certificate of origin under the China-Australia Free Trade Agreement, which gives access to the preferential duty rate. We are responsible for the accuracy of the documents we supply.

13.4 The Australian Border Force and Australian biosecurity officers may inspect the Unit or require it to be treated. If an inspection, treatment or other requirement arises that was not included in the estimate in your Quote, we tell you as soon as we know of it, with the reason and the cost. Where the requirement results from the condition of the Unit, its packing or its documents as supplied by us, we bear its cost.

13.5 The Unit Price does not include the GST payable on the importation of the Unit. That GST is payable by you as the importer, as part of the Import Charges.

14. Delivery

14.1 We deliver the unit to your block, by truck and crane in metro Sydney. After customs clearance, the Unit is trucked to your block and the crane sets it on the Footings built by the Builder. Outside Metro Sydney, delivery is quoted for your Site.

14.2 Delivery depends on safe access for the truck and the crane, which we check with you before your Quote under clause 5.4. If access on the day of Delivery differs materially from what was checked, because of a change on your Site or in the information given to us, we tell you, and any additional cost of delivering safely is incurred only with your prior written agreement. We do not lift or set down a Unit where it is unsafe to do so.

14.3 You are responsible, through the Builder, for ensuring that the Footings are completed and ready to receive the Unit, and that your Site is accessible, on the agreed day of Delivery. Your Quote states who arranges any permit needed to position the truck or crane on a public road.

14.4 Delivery takes place when the Unit is set down on the Footings. The Builder then fixes, ties down and expands the Unit and makes the connections under the Builder Contract.

14.5 Our crane operator and carrier follow the reasonable site safety directions of the Builder while on your Site.

14.6 Your quote gives an estimated delivery date, and we tell you promptly of any change. We agree the day of Delivery with you in advance.

14.7 If you are not ready to receive the Unit on the agreed day for a reason that is not our responsibility, including because the Footings are not ready, we agree a new day with you. You pay the reasonable costs of storage, handling, insurance and redelivery that we actually incur because of the delay. We tell you in advance, keep those costs as low as reasonably possible and give you an itemised statement of them. The Unit stays at our risk until it is set down on your Footings.

14.8 If the Unit has not been Delivered within 60 days after the Estimated Delivery Date, other than because of you, the Builder or a Force Majeure Event, you may give us written notice requiring Delivery within 15 Business Days. If the Unit is not Delivered within that period, you may end the Contract by further written notice, and we refund every amount you have paid us within 14 days.

14.9 Clause 14.8 does not limit any other right you have, including damages at law and your rights under clause 19.2.

15. Risk and ownership

15.1 The Unit is insured in transit and stays at our risk until it is set down on your footings.

15.2 Ownership passes to you once it is delivered and paid for in full.

15.3 If the Unit is lost or damaged before it is set down on your Footings, we repair or replace it at our cost. If you prefer not to wait for a repair or replacement, you may instead end the Contract by written notice, and we refund every amount you have paid us within 14 days. This does not limit your rights under clause 19.

15.4 After Delivery, the Unit is at your risk, subject to your rights under clauses 19 and 20. We recommend that you tell your home insurer about the Unit from the date of Delivery.

16. Checking the Unit on Delivery and handover

16.1 We ask you, or the Builder on your behalf, to look over the Unit when it is set down, to note any visible transport damage on the delivery documents and to tell us of it, with photographs, as soon as practicable, so that we can claim under the transit insurance.

16.2 Clause 16.1 is a request, not a condition. If you do not notice or report damage at Delivery, your rights under the ACL, these Terms and the Warranty are not affected.

16.3 You receive the full document set for the Unit: drawings, wiring and plumbing layouts, manuals, inspection reports and the written warranty.

16.4 If a defect in the Unit appears when the Builder expands it or connects it, tell us under clause 19 or the Warranty. We work with you and the Builder to identify whether a problem lies in the Unit or in the Site Works. This does not affect your rights against us or against the Builder.

17. Cancellation and termination

Before your Order is binding

17.1 Until your Order becomes binding under clause 8.1, you may decide not to proceed at any time, for any reason, and you owe us nothing.

Approval refused

17.2 If approval is refused, clause 7.3 applies and prevails over every other provision of this clause 17.

Cancellation by you after your Order is binding

17.3 You may cancel your Order at any time before Delivery by written notice to us.

17.4 If you cancel before the Unit is loaded for shipment, we refund every amount you have paid us, less the reasonable costs we have actually incurred in performing the Contract up to the date of your notice and that we cannot recover or avoid, such as amounts paid to the Manufacturer that it does not refund to us. The amount we keep is limited to the amount of the Deposit.

17.5 If you cancel after the Unit has been loaded for shipment, we refund every amount you have paid us, less our actual loss, being the Unit Price less the net proceeds of resale of the Unit and the costs we save because of the cancellation. We take reasonable steps to resell the Unit and to reduce our loss. The amount we keep never exceeds the Unit Price.

17.6 If we end the Contract under clause 10.7 or clause 17.8 because you have not paid the Balance, the same rules apply as if you had cancelled on the date we end the Contract.

17.7 Within 30 days after your notice, or after we end the Contract as described in clause 17.6, we give you an itemised statement of any amount we keep under clauses 17.4 to 17.6, with supporting evidence, and we refund the remainder at the same time. You may ask us for further information about the statement, and you may show that our costs or loss were less than the amount stated.

Termination for breach

17.8 Either of us may end the Contract by written notice if the other commits a material breach of the Contract and does not remedy it within 30 days after receiving a written notice that describes the breach and asks for it to be remedied.

17.9 If you end the Contract because of our breach, we refund every amount you have paid us within 14 days, and you keep any other right you have, including to damages.

Other rights to end the Contract

17.10 The Contract may also be ended under clause 8.5 (unsolicited consumer agreements), clause 11.4(a) (changes required by law), clause 14.8 (delay), clause 15.3 (loss or damage before Delivery) and clause 18 (events beyond reasonable control).

General

17.11 Refunds are paid in Australian dollars by bank transfer to the account from which you paid us, or to another account in your name that you nominate in writing.

17.12 Ending the Contract does not affect rights that have already accrued, or clauses 17, 19, 20, 23, 24, 25, 26 and 29, which continue to apply.

18. Events beyond reasonable control

18.1 A Force Majeure Event is an event beyond the reasonable control of the party affected that prevents or delays it from performing an obligation under the Contract, and whose effects it could not have avoided by taking reasonable precautions, such as the closure of ports, the interruption of sea transport, government or customs measures, epidemics, natural disasters, fire, flood, war and civil unrest. A lack of funds, and an event caused by the party relying on it, are not Force Majeure Events.

18.2 A party affected by a Force Majeure Event tells the other in writing as soon as practicable, with details of the event and its likely duration, and takes reasonable steps to reduce its effects. Its obligations, other than an obligation to pay money already due, are suspended for as long as the event prevents or delays their performance, and the Estimated Delivery Date is extended accordingly.

18.3 If a Force Majeure Event prevents the performance of the Contract for more than 90 days, either of us may end the Contract by written notice. We then refund every amount you have paid us, less the reasonable costs we have actually incurred in performing the Contract that we cannot recover or avoid, taking into account the net proceeds of any resale of the Unit, with an itemised statement under clause 17.7.

18.4 This clause 18 does not affect clause 15 (risk stays with us until the Unit is set down on your Footings), clause 7.3 or your rights under clause 19.

19. Consumer guarantees

19.1 The guarantees that apply to the Unit under the ACL include guarantees that the Unit is of acceptable quality, is fit for any purpose you make known to us, matches its description and any sample or demonstration model, that repair facilities and spare parts are reasonably available for a reasonable period, that any express warranty is complied with, and that you receive clear title and undisturbed possession of the Unit.

19.2 Where we supply services with the Unit, such as transport, delivery and crane set-down, those services come with guarantees that cannot be excluded under the ACL, including that they are rendered with due care and skill and, where no time is agreed, within a reasonable time. For a major failure with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. For a failure that does not amount to a major failure, you are entitled to have it rectified in a reasonable time, and if this is not done, to cancel and obtain a refund for the unused portion. You are also entitled to compensation for any other reasonably foreseeable loss or damage.

19.3 Whether a failure is a major failure is determined under the ACL. For example, a failure is major if a reasonable consumer fully acquainted with its nature and extent would not have acquired the Unit, if the Unit is substantially unfit for its normal purpose and cannot easily be made fit within a reasonable time, or if the Unit is unsafe.

19.4 To make a claim, contact us in writing at contact@lodgeyard.com or at our postal address in clause 2.1. We are your point of contact for the Unit. The fact that you are the importer of the Unit does not affect your rights against us as the supplier of the Unit.

19.5 Nothing in these Terms excludes, restricts or modifies the consumer guarantees or any right or remedy you have in relation to them.

20. Our written warranty against defects

20.1 Lodgeyard gives you a written warranty against defects in the unit, backed by our manufacturer's warranty. The warranty document comes with your quote. Its full text is published at /au/legal/warranty. In summary:

• Warrantor: Lodgeyard, a brand of REXOR GROUP LLC, 8206 Louisiana Blvd NE, Ste A #9493, Albuquerque, NM 87113, USA. Email: contact@lodgeyard.com.
• Periods, counted from delivery of the unit to your block: the whole unit, 12 months (materials and workmanship); the steel frame, 10 years with the PVDF coating option; the roof and wall panels, 5 years; windows, doors, electrical and plumbing components, 2 years.
• What you do: tell us of the defect in writing within its period, by email to contact@lodgeyard.com, with your quote number, a short description and photos, and give us or our repairer reasonable access to the unit.
• What we do: repair or replace the defective part, or have it repaired or replaced, within a reasonable time.
• Costs: we bear the cost of a valid claim, including parts, labour and transport. If you pay an expense to make a claim, send us the receipt with your claim and we refund it.
• Not covered: the site works, which the builder warrants under the Home Building Act 1989, and damage caused by misuse, lack of normal maintenance or alterations made without our agreement.

The benefits to you given by this warranty are in addition to other rights and remedies you have under a law in relation to the goods to which the warranty relates.

20.2 You may claim under the Warranty, under the consumer guarantees in clause 19, or both. Making a claim under one does not prevent a claim under the other.

21. Site Works, the Builder and the Home Building Act 1989

21.1 The Builder named in your Quote prepares the approval file and carries out the footings, tie-down, expansion of the Unit, connections and certificates under its own written contract with you, at the price set in your Quote. The Builder Contract must comply with the Home Building Act 1989 (NSW), and you have under it the rights that Act gives you, including any cooling-off right.

21.2 The builder's work is covered by its Home Building Compensation insurance and by the statutory warranties of the Home Building Act 1989: 6 years for a major defect and 2 years for other defects.

21.3 In NSW, a secondary dwelling is built by a licensed builder, and electrical, plumbing and drainage work needs a licence whatever its value. Before connection, the Builder's licensed electrician inspects and tests the installation and issues a Certificate of Compliance for Electrical Work. Residential building work over $20,000 needs Home Building Compensation cover: check the certificate before paying any deposit to the Builder.

21.4 We supply to the Builder the drawings and documents for the Unit that it needs for the Site Works. We do not design, direct, supervise or coordinate the Site Works, and we are not responsible for them. We remain responsible for our own conduct, for the Unit and for the accuracy of the documents we supply.

21.5 Questions and complaints about the Site Works are addressed to the Builder under the Builder Contract. You may also contact NSW Fair Trading or the Building Commission NSW, as applicable.

22. Your responsibilities

22.1 You agree to:

• (a) give us accurate and complete information about your project and your Site, and tell us promptly of any change;
• (b) obtain the Approval, directly or through the Builder, and comply with its conditions;
• (c) engage a builder holding the required NSW licence for the Site Works;
• (d) ensure that your Site is accessible and the Footings are ready on the agreed day of Delivery, as described in clause 14.3;
• (e) give the Customs Broker the information and authority it needs under clause 13.2;
• (f) use and maintain the Unit in accordance with its manuals, and not make alterations to the Unit without our agreement while you rely on the Warranty for the part concerned;
• (g) give us or our repairer reasonable access to the Unit to inspect it and deal with a claim;
• (h) keep your contact details up to date with us.

22.2 If you do not comply with this clause and we suffer loss as a result, you are responsible for that loss to the extent the law provides.

23. Liability

23.1 Nothing in these Terms excludes, restricts or modifies:

• (a) any consumer guarantee under the ACL, or any right or remedy you have in relation to it;
• (b) any other right or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified; or
• (c) our liability for death or personal injury, or for fraud.

23.2 We are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of the Contract or our negligence. Loss or damage is reasonably foreseeable if it is an obvious consequence of our breach or negligence, or if it was contemplated by you and us when the Contract was made.

23.3 We are responsible for the acts and omissions of our employees, agents and subcontractors, including the Manufacturer, the freight forwarder, the carriers and the crane operators we engage, as if they were our own. The Customs Broker acts for you in customs clearance; we arrange it and remain responsible for the accuracy of the documents we supply to it.

23.4 Subject to clauses 23.1 to 23.3, we are not responsible for loss or damage to the extent that it is caused by:

• (a) the Site Works, or the acts or omissions of the Builder, your Certifier, your Council or any other person who is not acting on our behalf, except to the extent that our own breach or negligence contributed to it;
• (b) your breach of the Contract, including inaccurate information you gave us about your Site; or
• (c) a Force Majeure Event, without affecting the refund rights in clause 18.3.

23.5 We are not responsible for the decisions of your Council, your Certifier or any government authority, but clause 7.3 always applies.

23.6 Each of us takes reasonable steps to reduce any loss that the other's breach causes.

24. Intellectual property and documents

24.1 The Drawings, the Specification and the other documents we supply, and the content of our Website, remain the property of REXOR GROUP LLC or of its licensors, including the Manufacturer.

24.2 We grant you, the Builder, your Certifier and your Council a non-exclusive, perpetual and free licence to use and copy the documents we supply for the Approval, the Site Works, and the use, maintenance, repair, insurance and sale of the Unit and of your property. You may not otherwise use them commercially.

24.3 Lodgeyard, our logo and the names of our models are used by REXOR GROUP LLC as trade marks. Nothing in the Contract gives you any right to use them, other than to refer to your Unit.

25. Privacy

25.1 We handle your personal information in accordance with our Privacy Policy at /au/legal/privacy-policy.

25.2 If you order, we share what is needed with our freight forwarder and customs broker, to import the Unit in your name, with the companies that deliver it, and with the Builder named in your Quote, so that it can prepare the approval file and the Site Works. Your name and delivery address appear on the shipping documents for your Unit, which are prepared in China and handled by freight companies overseas.

26. Complaints and disputes

26.1 If you have a complaint, write to us at contact@lodgeyard.com with your Quote number and a description of the problem. We acknowledge your complaint, look into it and respond to you in writing as soon as practicable.

26.2 We will try in good faith to resolve the complaint with you. Either of us may suggest mediation, but neither of us is obliged to use it, and nothing in this clause prevents you from taking any other step.

26.3 You may at any time contact NSW Fair Trading, apply to the NSW Civil and Administrative Tribunal where it has jurisdiction, or bring proceedings in a court. Information about your rights is also available from the Australian Competition and Consumer Commission.

27. Notices and communications

27.1 Notices under the Contract must be in writing. They may be sent by email or by post:

• (a) to us, at contact@lodgeyard.com or at our address in clause 2.1;
• (b) to you, at the email or postal address in your Quote, or another address you give us in writing.

27.2 An email is received when it becomes capable of being retrieved by the addressee at its email address, as provided by the Electronic Transactions Act 2000 (NSW). A notice by post to an address in Australia is received on the fifth Business Day after posting, and to an address outside Australia on the tenth Business Day after posting.

27.3 Our communications with you are in English.

28. General provisions

28.1 Entire agreement. The Contract is the whole agreement between you and us about the supply of the Unit and replaces earlier quotes and arrangements about the same subject. This clause does not exclude or limit liability for misleading or deceptive conduct, any representation that forms part of the description of the Unit, or any right you have under the ACL.

28.2 Severability. If a provision of the Contract is void, unenforceable or, under section 23 of the ACL, unfair, it is severed to that extent, and the rest of the Contract continues to operate.

28.3 Waiver. A failure or delay in exercising a right does not waive it. A waiver is effective only if it is in writing.

28.4 Assignment. We will not assign or transfer the Contract without your written consent, except to an entity that acquires our Lodgeyard business and agrees in writing to be bound by the Contract, where the assignment does not reduce your rights. We tell you in writing of any such assignment. You may assign the Contract with our written consent, which we will not unreasonably refuse, for example if you sell your property before Delivery.

28.5 Subcontracting. We may perform our obligations through the Manufacturer, the inspection company, the freight forwarder, carriers and other subcontractors, and we remain responsible for their performance under clause 23.3.

28.6 Relationship. Nothing in the Contract makes either of us the agent, partner or employee of the other. The Builder is not our agent.

28.7 Currency. All amounts payable to us are payable in Australian dollars, unless your Quote states otherwise.

28.8 Exercise of rights. Where these Terms allow a party to make a decision or form an opinion, it must do so reasonably and in good faith.

29. Governing law and jurisdiction

29.1 These terms are governed by the law of New South Wales. Nothing in them limits your rights under the Australian Consumer Law.

29.2 The courts and tribunals of New South Wales, and the federal courts sitting in New South Wales, have non-exclusive jurisdiction over disputes about the Contract. Nothing in this clause prevents you from bringing a claim in any other court or tribunal that has jurisdiction.

29.3 To the extent that it would otherwise apply, the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply to the Contract.

30. Changes to these Terms

30.1 We may update these Terms from time to time. Each version is published on our Website with its version number and effective date.

30.2 The version that applies to your Order is the version attached to or referred to in your Quote. A later version does not apply to your Contract unless you agree to it in writing.

31. Contact

Lodgeyard, a brand of REXOR GROUP LLC, 8206 Louisiana Blvd NE, Ste A #9493, Albuquerque, NM 87113, USA. Email: contact@lodgeyard.com.

Related documents: Warranty against defects, Privacy policy, Website terms of use, all legal documents.