Terms of Sale
For the purpose of these Terms of Sale:
“Us”, “Our”, “We”, “SmartShift” and “SmartShift Portables” refers to SmartShift Portables Pty Ltd and/or any of its authorised dealers or representatives from time to time. “Products”, “Goods”, “Cabin”, “Manufactured Home”, “Relocatable Home”, “Flat Pack”, “Unit” and “Equipment” refers to any SmartShift Portables goods or products supplied from time to time.
“You” and “Your” refers to you, the client or purchaser of SmartShift Portables Products.
Authorised dealers may include entities appointed by SmartShift Portables from time to time.
We reserve the right to change, modify, add or remove portions of these Terms of Sale at any time. Where reasonably practicable, we will endeavour to notify you of any significant changes.
Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law, as amended from time to time. You are entitled to a replacement or refund for a major failure. 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.
To the maximum extent permitted by law, we will not be responsible under this warranty for any consequential loss, loss of use, inconvenience, or loss or damage to personal property, whether direct, indirect or economic, and whether arising in contract, tort or otherwise. Repair or replacement of the Product is your exclusive remedy. In no event shall our total liability exceed the purchase price of the Product.
If a fault arises with your Goods, you must cease using the Goods and contact us in the first instance. If you repair or replace any fault or component prior to notifying us, we reserve the right to refuse reimbursement. Warranty claims must be submitted using the required warranty form and information available on our website.
We warrant that the Products are free from defects in materials and workmanship for a period of twelve (12) months from the date of delivery or collection, unless otherwise stated in writing. We reserve the right to engage a local tradesperson or our own technician to inspect and rectify any faults. We may repair or replace faulty components at no cost to you. If Products are required to be returned, you are responsible for all associated transport and handling costs. We reserve the right to replace parts with components of similar quality and grade and to inspect any alleged fault.
The warranty will be void where the Product has been structurally altered, modified or repaired by a party not authorised by SmartShift Portables; where no fault can be reasonably identified; where damage has arisen due to lack of maintenance, misuse or neglect; where the Product has been subjected to abnormal conditions including flooding, fire, storms, misuse or accidental damage; or where the issue relates to normal wear and tear. Certain components may be covered by separate third-party manufacturer warranties.
You are responsible for arranging and paying for the setup and installation of the Products unless otherwise agreed in writing. Electrical connections must be completed and certified by a licensed electrician. Plumbing connections must be completed by a licensed plumber. Gas installations must be completed by a licensed gas fitter. It is recommended that a licensed builder or carpenter be used for assembly, including levelling, unfolding expandable sections, installation of windows, flashings, skirting, cornices and any works reasonably required to complete setup. SmartShift Portables accepts no responsibility for the actions or workmanship of third-party trades and you indemnify us against all related claims or losses.
You are responsible for ensuring foundations are suitable and for checking foundations periodically for settlement or movement. You must ensure compliance with all applicable fire safety legislation, including smoke alarm requirements.
It is your responsibility to confirm compliance with all local council, planning and state legislation regarding the placement, use and occupancy of the Products. You acknowledge that you have satisfied yourself that the Product is suitable for your intended purpose and location. We accept no responsibility for penalties imposed by councils or authorities arising from misuse or non-compliant use of the Product. You are responsible for understanding all towing limits, weights and braking requirements where applicable.
Products are manufactured overseas and quality-checked in Australia. Due to the nature and price point of the Products, minor cosmetic imperfections may be present and are deemed acceptable. Images, plans, colours, accessories and features shown on our website or display units may differ slightly from the final Product due to ongoing product improvements.
Refunds after delivery are assessed on a case-by-case basis at our sole discretion. If a refund is approved, you are responsible for all pack-down, return freight and associated costs, and Products must be returned in their original condition.
Payment of a deposit constitutes acceptance of the quote and these Terms of Sale. Deposit amounts are stated on your quote, with the balance payable prior to delivery or collection. Deposits may be non-refundable once stock is reserved or procurement has commenced. Approved cancellations or variations may require you to indemnify us for all losses and costs incurred.
All Products must be paid for in full prior to delivery or collection. We may withhold release of Products until all amounts owing are paid. Late payments may incur interest at the rate of ten percent (10%) per annum, calculated daily and compounded monthly.
Delivery dates are estimates only and not guaranteed. We may subcontract delivery without notice. You must provide suitable access for delivery vehicles. If unloading at the nominated location is not possible, Products may be placed at the nearest safe and lawful location. Delivery costs may be adjusted to reflect increases imposed by third-party carriers.
We are not liable for delays or failure to perform due to events beyond our reasonable control, including transport disruptions, supply shortages, natural disasters or government actions.
An event of default occurs if you breach these Terms, fail to make payment, become insolvent, or assign your rights without consent. Upon default, we may suspend supply, retain monies paid, or terminate the order.
You agree to indemnify and hold harmless SmartShift Portables, its officers, employees and agents against all claims, losses and legal costs arising from the supply or use of the Products.
All intellectual property remains the exclusive property of SmartShift Portables. You acquire no rights in our intellectual property.
These Terms are governed by the laws of the state or territory in which the Products are supplied. GST is applied in accordance with applicable legislation. Risk passes on delivery or collection, and title does not pass until full payment is received.
Any advice or information provided is given in good faith but without warranty, and we accept no liability for reliance on such information. If any provision of these Terms is unenforceable, the remaining provisions remain valid. Failure to enforce any right does not constitute a waiver.
By paying a deposit, you acknowledge that you have read, understood and accepted these Terms of Sale.
Last updated: Jan 8 2026