PORT Shelters

Standard Terms & Conditions of Contract

  • All standard and non-standard PORT Shelters are built to withstand ultimate design wind speeds as detailed in the relevant PORT Shelter drawings or information. These wind speeds have been determined from the Australian Standard AS/NZS1170.2:2002 and include a factor for building height, but not for all local topographic effects. The purchaser or installer must advise Port Container Services of the relevant wind rating and if the structure is to be located in an area of high winds such as a hilltop or similar exposed topography to ensure that the appropriate structure is supplied. We do not make any representations or warranties in relation to ultimate wind speeds differing to what is detailed unless otherwise advised in writing.
  • PORT Shelter structures may be supported by various components such as posts, walls, existing buildings, and shipping containers. The structural performance of each of these components is critical to the performance of the PORT Shelter arches or frame. Port Container Services takes no responsibility for damage arising from the failure of support components supplied by others.
  • Due to the inherent variability in ground conditions Port Container Services takes no responsibility for any damage arising from foundation or anchorage failure. It is the responsibility of the purchaser or installer to check the suitability of foundations or anchorages for a PORT Shelter structure with a qualified engineer acquainted with local conditions.
  • Except to the extent specified in Article A hereof we are not responsible for any acts of nature, whether freak acts of nature or otherwise.
  • We are not responsible for any loss or damage caused by nature to any items inside or near an PORT Shelter structure. You are responsible for obtaining your own insurance in relation thereto.
  • We limit our liability to the amount paid by you to us for an PORT Shelter structure or product. The limitation of liability is not cumulative. It applies as an all-up figure limited liability where you buy more than one PORT Shelter structure or product.
  • We exclude from all liability under this contract any consequential or indirect damages arising out of or in relation to any PORT Shelter structures or products.
  • If you have not commenced legal action under this contract within 6 months from the date of event that allegedly gave rise to such action, you release us from all liability.
  • Our liability does not extend to any matters outside our reasonable control, including without limitation fire, flood, drought, storm, lightning, cyclone, hurricane, act of God, peril from the sea or air, explosion, sabotage, accident, embargo, riot, civil commotion, any terrorist activity, act of war (declared or undeclared) and war (declared or undeclared).
  • All PORT Shelter structures or products must be installed in accordance with the instructions provided by Port Container Services. Do not proceed with erection of an PORT Shelter structure if these instructions have not been supplied. If you do proceed to erect a structure without the instructions, you will run the risk of voiding Warranty.
  • We exclude from this contract all conditions, warranties and terms implied by statute, general law or custom, except where, if we exclude an implied condition or warranty, such exclusion would contravene any statute or law or cause part or all of any relevant clause in this contract to be void.
  • Port Container Services will supply all goods and equipment described in a Invoice or Order Agreement in good order and condition to the point of delivery specified in that Invoice or Order Agreement. This guarantee includes, but is not limited to, faulty or missing components provided that all claims against Port Container Services are made within 14 days of delivery of such goods to the agreed point of delivery. Port Container Services will not be responsible for any loss of goods or damage to goods incurred during transit when such transit or transport has not been directly arranged by Port Container Services as part of a Invoice or Order Agreement.
  • Full payment is required for all orders before commencement of manufacture, unless agreed to in writing.
  • You can cancel an order in writing within seven (7) days of making that order but in such a case we will retain an amount of 10% of the order value as a cancellation fee, but you have no right to cancel your order after seven (7) days of making that order.

By signing the below, I accept the above Terms and Conditions and wish to proceed with my order.

Terms and Condition

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