For the purposes of these terms and conditions: “Us”, “Our”, and “We” refers to Sun Decking Pty Ltd which owns and operates Sun Decking (SD) and Sun Pods (SP). “You”, “Your”, “Purchaser,” “Customers”, and “Customer” refers to you, our valued customer.
“Products” refers to all products sold by Sun Decking Pty Ltd, which may change from time to time.
“Services” refers to all services sold by Sun Decking Pty Ltd, which may change from time to time.
“Third-Party Suppliers” refers to A third-party supplier is an external entity or business that provides goods, products, services, or information to Sun Decking Pty Ltd or directly to our customers, but is not directly affiliated with or part of Sun Decking Pty Ltd.
“Transport Partners” refers to an external entity or business that provides a delivery service on behalf of Sun Decking Pty Ltd, but is not directly affiliated with or part of Sun Decking Pty Ltd.
All dollar amounts are in Australian Dollars and include GST.
We reserve the right to change, modify, add, or remove any part of these terms and conditions at any time. Upon accepting these terms and conditions, you agree that these terms govern our rights and obligations and subsequently your rights and obligations.
A full or partial payment made to Sun Decking Pty Ltd in relation to an invoice provided to you by us is deemed as your full confirmation that you understand and agree to all details stated on the invoice, including but not limited to the purchased items, item prices, delivery notes and payment terms and that you have read, understood and confirm your full acceptance of these terms and conditions.
It is an essential pre-condition that you agree and accept that we are not legally or financially responsible for any loss, or any consequential or incidental damages you might suffer related to the purchase and use of our products, both directly and indirectly. This includes but is not limited to loss of use, loss of revenue, inconvenience, or loss or damage to personal property.
Your use of, or reliance on, any information, or materials published and shared by Sun Decking Pty Ltd, is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that all products or services you purchase from Sun Decking Pty Ltd meet your specific requirements.
Any advice, recommendations, assistance, or service provided by us concerning the products is given in good faith and is believed to be accurate, suitable, and dependable at the time of provision. However, this information is provided without any warranty of accuracy, appropriateness, or reliability. We do not assume any liability or responsibility for any losses resulting from your reliance on such advice, recommendations, information, assistance, or service.
By engaging in the purchase of our products and services, you consent to indemnify us against any claims exceeding the guarantees we are obligated to provide under Australian Consumer Law.
Our goods come with guarantees that can not be excluded under the Australian Consumer Law. For major failures with the goods you are entitled to chose a refund or replacement. If a failure with the goods does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods.
All products sold by Sun Decking Pty Ltd are covered by a limited warranty from the date of delivery and transfer of risk and title from Sun Decking Pty Ltd to the Purchaser.
Product warranty is associated only with the Purchaser stated on the invoice and is not transferable.
Should a fault arise with products you have purchased from Sun Decking Pty Ltd within the defined warranty period, we kindly request that you initiate the warranty process through completing the relevant Warranty Claim Form:
For all products sold by Sun Decking Pty Ltd, the warranty period will begin on the date of delivery or collection from our warehouse. Sun Decking Pty Ltd reserves the right to repair or replace faulty components at our sole discretion and should replacement components be required, Sun Decking Pty Ltd reserves the right to replace components with products of a similar quality or grade which may be aesthetically different to the original components.
Should a product fault relate to a faulty part, fitting, or fixture, attempting to fix or replace a faulty part, fitting, or fixture (whether completed by a licenced or unlicenced tradesperson) without prior consent from Sun Decking Pty Ltd, this may result in the denial of a warranty claim.
If Sun Decking Pty Ltd contracts a qualified tradesperson to attend site to inspect or rectify a warranty claim, and it is found that the fault is not a warrantable issue, Sun Decking Pty Ltd reserves the right to invoice the customer for the inspection or repair.
At the discretion of Sun Decking Pty Ltd, a warranty claim may be denied for the following reasons:
Sun Decking Pty Ltd recognise that our products may exhibit minor aesthetic imperfections, which include but are not limited to small dents, scratches, and colour variations. By accepting these terms and conditions, you accept that minor aesthetic imperfections are acceptable, should the imperfections not amount to a major failure.
All Composite Decking sold by Sun Decking Pty Ltd are protected by a ten (10) year manufacturer warranty. If our products are deemed to be faulty within the defined warranty period, Sun Decking Pty Ltd offer a full replacement warranty on faulty parts, which are to be shipped to the customer at the expense of Sun Decking Pty Ltd. The replacement warranty offered by Sun Decking Pty Ltd does not include any consequential expenses relating to the replacement of faulty parts.
All Portable Buildings sold by Sun Decking Pty Ltd are protected by a three (3) year warranty on the structural steel frame, and a one (1) year warranty on all fittings and fixings. If our products are deemed to be faulty within the defined warranty period, Sun Decking Pty Ltd reserves the right to repair or replace faulty components at our sole discretion. The warranty offered by Sun Decking Pty Ltd in relation to Portable Buildings and Amenities Units does not include any consequential expenses relating to the repair or replacement of faulty parts.
In relation to the warranties provided by third-party suppliers, warranty coverage is subject to the terms specified by the respective suppliers.
Sun Decking Pty Ltd uses effective relationships with a nationwide network of transport partners to deliver products to our customers. By accepting these terms and conditions, you agree that:
The Purchaser has the option of arranging the collection of goods from any Sun Decking Pty Ltd warehouse location. Sun Decking Pty Ltd must receive notice of any intended collections 48-hours prior to the collection taking place and a timeslot will be allocated by Sun Decking Pty Ltd. Should the Purchaser miss their allocated timeslot, the next available slot will be made available.
Collection of goods must satisfy all WH&S and Chain of Responsibility (COR) guidelines that Sun Decking Pty Ltd has in place, which may change from time to time.
Sun Decking Pty Ltd reserves the right to deny collection of goods if there is a suspected breach of our WH&S and Chain of Responsibility (COR) guidelines.
The Purchaser accepts that additional charges may be applicable if collection of products cannot be fulfilled for any reason.
Sun Decking Pty Ltd is not liable for any damages that occur once a product is loaded onto the customers transport of choice.
If the Purchaser is unable to take delivery of a product for any reason, the following storage fees will apply. Sun Decking Pty Ltd will issue weekly invoices (in arrears), and you agree to settle any additional invoices within 24 hours of receipt.
Unless pre-arranged with agreed-upon costs, the Purchaser is responsible for organising the installation of all products purchased from Sun Decking Pty Ltd. The Purchaser is solely responsible for bearing all costs relating to the installation and is solely responsible for ensuring that the installation is carried out safely, in accordance with any local laws or regulations.
By accepting these terms, you also agree that:
In relation to all products sold by Sun Decking Pty Ltd, full payment of the total price listed on your invoice must be received in-full before we will release your order. Whilst we endeavour to provide accurate information relating to product availability and delivery timelines, we reserve the right to modify product availability and delivery timelines due to payment delays. Sun Decking Pty Ltd shall not be held liable for any loss or inconvenience at our customers expense, due to delayed payment.
Should Sun Decking Pty Ltd reserves the right to modify the payment terms listed on the invoice we provide. By accepting these terms and conditions, you agree that the payment terms listed on your invoice supersede what is listed in these terms and conditions. All quotes and invoices are valid for the period listed, which is subject to change from time to time.
Our Portable Buildings are made-to-order, and the current production time will be specified on your invoice. Any production time provided by Sun Decking Pty Ltd is an estimate only, and we reserve the right to adjust the production time estimate, as necessary. By accepting these terms and conditions, the Purchaser agrees to indemnify Sun Decking Pty Ltd against any loss, damage, liabilities, or claims arising directly or indirectly from any unforeseen delays in production (and therefore delivery of the products).
To secure your spot in our production schedule, a deposit must be paid to Sun Decking Pty Ltd before we consider the order accepted. The deposit amount and due date will be detailed on the invoice we provide you.
Additional progress payments are required throughout the production/shipping process. The amounts and due dates for these progress payments will be detailed on the invoice we provide you. By accepting these terms and conditions, you agree that the progress payments will be due and payable on the due dates listed on the invoice we provide you.
Failure to make any payment by the due date grants Sun Decking Pty Ltd the exclusive right to allocate products to another client. Upon your payment, you will be assigned the next available product. Sun Decking Pty Ltd will not be held liable for any loss or inconvenience at the customer’s expense due to delayed payment.
At our sole discretion, Sun Decking Pty Ltd may agree to manufacture Portable Buildings with custom modifications. Orders that contain custom modifications will require a non-refundable deposit to be paid prior to the commencement of production.
Additional progress payments are required throughout the production/shipping process. The amounts and due dates for these progress payments will be detailed on the invoice we provide you. By accepting these terms and conditions, you agree that the progress payments will be due and payable on the due dates listed on the invoice we provide you.
For products which are not made-to-order full payment is required before we can allocate stock to you (includes out of stock products). Failure to make full payment grants Sun Decking Pty Ltd the exclusive right to allocate products to another Purchaser. Upon your payment, you will be assigned the next available product. Sun Decking Pty Ltd will not be held liable for any loss or inconvenience at the customer’s expense due to any delayed payments.
If an order containing products in our standard product range is cancelled after a deposit payment is received by us, Sun Decking Pty Ltd shall retain the right to charge a cancellation fee / restocking fee, calculated at 5% of the total invoice value. For orders listed as ‘modified or custom’ on the invoice we provide you, the total deposit value shall be forfeited if the order is cancelled.
Variations requested by the Purchaser are only valid if written confirmation is received from Sun Decking Pty Ltd. We reserve the right to approve or reject any variation requests from the Purchaser.
Should a customer request a refund for a product following delivery, Sun Decking Pty Ltd shall retain the right to approve or deny the return for refund at our sole discretion. Should Sun Decking Pty Ltd approve a return for refund following the delivery of a product, the Purchaser accepts that:
For refunds relating to the cancellation of an order prior to the delivery of products to a customer, you agree that the processing of a refund will only take place after the products allocated to your order have been sold to another Purchaser or at the sole discretion of Sun Decking Pty Ltd. The processing of refunds will take place approximately fifteen (15) business days once approved by Sun Decking Pty Ltd.
By accepting these terms and conditions, the Purchaser agrees that:
If the Purchaser is in breach of these terms and conditions (including non-payment) Sun Decking Pty Ltd shall maintain the right to:
All quotes supplied by Sun Decking Pty Ltd are valid for the time period listed on the quote. All marketing material supplied by Sun Decking Pty Ltd must be used as a guide only. Specific finishes and fittings / fixtures are subject to change.
By agreeing to these terms and conditions, you commit to absolve us, our employees, and agents from any claims, demands, or legal actions, whether initiated by yourself or others, against us or for which we bear liability. This indemnification covers losses related to:
This encompasses, without limitation, any legal costs we incur to address claims or demands, as well as any party-party legal costs for which we are liable concerning such claims or demands.
You acknowledge that beyond these terms and conditions, we provide no warranty, assurance, promise, or representation regarding product quality, fitness for purpose or use, suitability, or merchantability for any specific purpose. By entering into these terms and conditions, you have relied exclusively on your own inquiries, knowledge, skill, and judgment.
By agreeing to these terms and conditions, the Purchaser explicitly affirm and acknowledge that Sun Decking Pty Ltd is the unequivocal and exclusive owner of all intellectual property. For the removal of all doubt, intellectual property encompasses trademarks, patents, copyrights, designs, product technical information, processes, and confidential information pertinent to the products. This extends to advertising and promotional materials, technical content, and user manuals/videos associated with the production or supply of the products. This definition encompasses all items eligible for legal protection, regardless of the formal acquisition of such protection.
By agreeing to these terms and conditions, the Purchaser expressly agrees that, through your transactions with us or the through the acquisition of our products, you shall not gain any intellectual rights in respect to the products. You are prohibited from challenging or disputing our ownership of intellectual property and you pledge not to infringe upon our intellectual property rights, to commit to promptly notifying us of any suspected or actual infringement upon becoming aware of it, and to adhere to our reasonable instructions and requests concerning the safeguarding of our intellectual property rights.
This agreement is subject to the laws of Queensland, Australia. If there is a dispute between you and Sun Decking Pty Ltd that results in litigation, then you must submit to the jurisdiction of the courts of Queensland.
In the event that any clause or term stated above would, by the provisions of any applicable statute, be deemed illegal, void, or unenforceable in any State or Territory, then such a clause shall not be applicable in that State or Territory. It shall be deemed to have never been included in these terms and conditions for that specific State or Territory. However, if such a clause is legal and enforceable in any other State or Territory, it shall remain fully enforceable and constitute a part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses in these terms and conditions.
The risk in and title to the products supplied by Sun Decking Pty Ltd will transfer to the Purchaser upon the delivery of the products to your designated address or upon completed loading of your order onto your designated transport provider. The Purchaser will only gain ownership title of the products after paying all outstanding amounts owed to Sun Decking Pty Ltd.
The failure or delay of a party to exercise a power or right in respect to these terms and conditions does not constitute a waiver of that power or right.
Sun Decking are trusted providers of high quality solid core composite decking. We supply high quality products at outstanding value to deck builders across the east coast of Australia.
