Terms & Conditions

Disclaimer

This product is designed solely for the purpose of giving your cat an outdoor living option. It is not intended to keep all predators out, and may not be enough to stop a fox, dog, or other animal from harming your cat. To ensure security and safety, additional measures such as a secure foundation and flooring, backyard fencing, electric fences, night lights and additional locks may be required to prevent burrowing in or out. The addition of padlocks to the enclosure to prevent entry by other humans is also recommended if of concern to you.

Promotional Offer Conditions

Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer. E.g - a '$100 Discount' Coupon cannot be used during a '10% Off' Sale. Backyard Cat Enclosures have the right to terminate, modify or extend any promotional offer at any time, without notice.

The $100 voucher is only valid on full price items valued over $749 not including shipping.

Refunds, Returns and Cancellations

We are not required to provide a refund or replacement if you change your mind.

Backyard Cat Enclosures have agreed that at any time within 14 days of the date of your purchase, we will happily exchange your goods or provide you with a full credit, however you will be responsible for all transportation costs. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging.

There will be no credit given for change of mind after the 14 days.

You can choose a refund or exchange if an item has a major problem. This is when the item:

has a problem that would have stopped someone from buying the item if they had known about it
is unsafe
is significantly different from the sample or description
doesn’t do what we said it would, or what you asked for and can’t be easily fixed.

Alternatively, you can choose to keep the item and we will compensate you for any drop in value. If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement. Please keep your proof of purchase—e.g. your receipt.

Any cancellations of orders will incur a cancellation fee of 10% of the invoice value taken off your instore credit. This fee reflects administration and storage costs.

Backyard Cat Enclosures shall set off this amount against any moneys already paid to us by the customer for this product.

1. Definitions

“Supplier” means Kros Holdings Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Kros Holdings Pty Ltd.

“Client” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and separately.

“Goods” means all Goods or Services supplied by the Supplier to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

“Price” means the Price payable for the Goods as agreed between the Supplier and the Client in accordance with clause 4 below.

2. Acceptance

By purchasing Goods from the Supplier, the Client declares that they have read and accepted the Terms and Conditions outlined here.

3. Change in Control

The Client shall give the Supplier reasonable notice prior to dispatch of Goods of any change of details (including but not limited to, changes in the Client’s name, address, contact phone, or business practice). The Client shall be liable for any loss incurred by the Supplier as a result of the Client’s failure to comply with this clause.

4. Price and Payment

At the Supplier’s sole discretion the Price shall be either:

(a) as indicated on any invoice provided by the Supplier to the Client; or
(b) the Price as at the date of delivery of the Goods according to the Supplier’s current price list; or
(c) the Supplier’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

The Supplier reserves the right to change the Price if a variation to the Supplier’s quotation is requested. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties or as a result of increases to the Supplier in the cost of materials and labour or as a result of fluctuations in currency exchange rates) will be charged for on the basis of the Supplier’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

At the Supplier’s sole discretion a deposit may be required.

4.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Supplier, which may be:

(a) on delivery of the Goods;
(b) before delivery of the Goods;
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Supplier.

Payment may be made by cheque, electronic/on-line banking, credit card (plus a surcharge of up to two and one half percent (2.5%) of the Price), or by any other method as agreed to between the Client and the Supplier.

4.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

5. Delivery of Goods

5.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:

(a) the Client or the Client’s nominated carrier takes possession of the Goods at the Supplier’s address; or
(b) the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.

At the Supplier’s sole discretion the cost of delivery is in addition to the Price.

The Client must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for re-delivery and/or storage.

The Supplier may deliver the Goods in separate installments. Each separate installment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

Any time or date given by the Supplier to the Client is an estimate only. The Client must still accept delivery of the Goods even if late and the Supplier will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.

6. Risk

Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.

If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further inquiries.

If the Client requests the Supplier to leave Goods outside the Supplier’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk.

7. Title

The Supplier and the Client agree that ownership of the Goods shall not pass until:

(a) the Client has paid the Supplier all amounts owing to the Supplier; and
(b) the Client has met all of its other obligations to the Supplier.

Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

It is further agreed that:

(a) until ownership of the Goods passes to the Client in accordance with clause 7.1 that the Client is only a bailee of the Goods and must return the Goods to the Supplier on request.
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for the Supplier and must pay or deliver the proceeds to the Supplier on demand.
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of the Supplier and must sell, dispose of or return the resulting product to the Supplier as it so directs.
(e) the Client irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods.
(f) the Supplier may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of the Supplier.
(h) the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

8. Personal Property Securities Act 2009 (“PPSA”)

In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by the Supplier to the Client.

The Client undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 8.3(a)(i) or 8.3(a)(ii);
(b) indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Supplier;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Supplier;
(e) immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

9. Security and Charge

In consideration of the Supplier agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

The Client indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under this clause.

The Client irrevocably appoints the Supplier and each director of the Supplier as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 9 including, but not limited to, signing any document on the Client’s behalf.

10. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

The Client must inspect the Goods on delivery and must within seven (7) days of delivery notify the Supplier in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow the Supplier to inspect the Goods.

Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

The Supplier acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the Supplier makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. The Supplier’s liability in respect of these warranties is limited to the fullest extent permitted by law.

If the Client is a consumer within the meaning of the CCA, the Supplier’s liability is limited to the extent permitted by section 64A of Schedule 2.

If the Supplier is required to replace the Goods under this clause or the CCA, but is unable to do so, the Supplier may refund any money the Client has paid for the Goods.

If the Client is not a consumer within the meaning of the CCA, the Supplier’s liability for any defect or damage in the Goods is:

(a) limited to the value of any express warranty or warranty card provided to the Client by the Supplier at the Supplier’s sole discretion;
(b) limited to any warranty to which the Supplier is entitled, if the Supplier did not manufacture the Goods;
(c) otherwise negated absolutely.

Subject to this clause 10, returns will only be accepted provided that:

(a) the Client has complied with the provisions of clause 10.1; and
(b) the Supplier has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

Notwithstanding clauses 10.1 to 10.8 but subject to the CCA, the Supplier shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the Client failing to properly maintain or store any Goods;
(b) the Client using the Goods for any purpose other than that for which they were designed;
(c) the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Client failing to follow any instructions or guidelines provided by the Supplier;
(e) fair wear and tear, any accident, or act of God.

In the case of second hand Goods, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full opportunity to inspect the second hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Client acknowledges and agrees that the Supplier has agreed to provide the Client with the second hand Goods and calculated the Price of the second hand Goods in reliance of this clause 10.10.

The Supplier may in its absolute discretion accept non-defective Goods for return in which case the Supplier may require the Client to pay handling fees of up to twenty percent (25%) of the value of the returned Goods plus any freight costs.

Notwithstanding anything contained in this clause if the Supplier is required by a law to accept a return then the Supplier will only accept a return on the conditions imposed by that law.

11. Intellectual Property

The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Supplier shall repay to the Client any money paid by the Client for the Goods. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.

In the event that the Client cancels delivery of Goods the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Supplier as a direct result of the cancellation (including, but not limited to, any loss of profits).

Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

12. Default and Consequences of Default

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

If the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees).

Without prejudice to any other remedies the Supplier may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions the Supplier may suspend or terminate the supply of Goods to the Client. The Supplier will not be liable to the Client for any loss or damage the Client suffers because the Supplier has exercised its rights under this clause.

Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable if:

(a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

13. Cancellation

14. Privacy Act 1988

The Client agrees for the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by the Supplier.

The Client agrees that the Supplier may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or (d) to assess the creditworthiness of the Client.

The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

The Client consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

The Client agrees that personal credit information provided may be used and retained by the Supplier for the following purposes (and for other purposes as shall be agreed between the Client and Supplier or required by law from time to time):

(a) the provision of Goods; and/or
(b) the marketing of Goods by the Supplier, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.

The Supplier may give information about the Client to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

The information given to the credit reporting agency may include:

(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that the Supplier is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of the Supplier, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by the Supplier has been paid or otherwise discharged.

15. Hours and Methods of Contact

Our normal business operating hours are 8am-8pm, 7 days a week. By agreeing with these terms you confirm you are the account holder or authorised nominee of the contact number you have provided and consent in advance to be contacted during our business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes). By agreeing with these terms you confirm consent to receive marketing and promotional materials via electronic communication to the contact details provided.

If you do not wish to receive these materials please contact our customer service and sales team on 1300 440 453 to place an order, request further information or complete registration. You may withdraw consent to be contacted via electronic communication at any time by clicking an ‘Unsubscribe’ link in a promotional email, replying ‘Stop’ to a promotional SMS or by contacting our customer service team via phone or email. Consent to be contacted by phone can be withdrawn at any time simply by notifying a customer sales and service agent at time of call. The collection and use of contact information is conducted in accordance with our privacy policy.

16. General

The failure by the Supplier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which the Supplier has its principal place of business, and are subject to the jurisdiction of the courts in that state.

Subject to clause 10 the Supplier shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Supplier of these terms and conditions (alternatively the Supplier’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).

The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute.

The Client agrees that the Supplier may amend these terms and conditions at any time. If the Supplier makes a change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for the Supplier to provide Goods to the Client.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

Assembly Terms and Conditions

By purchasing Assembly services for all products advertised on Backyard Cat Enclosures websites and www.backyardcatenclosures.com.au, you (the customer) will be subject to the following terms and conditions laid out below:

All services provided will be a standard package as stated in the description unless requested as a custom solution.
Custom solutions will be charged at an extra cost which is specified on the assembly service item list. If the custom solution is not found on this list, please contact Backyard Cat Enclosures for the price.
All payments must be received (and cleared) to Backyard Cat Enclosures before Assembly services from our assembly providers can be performed. Should custom solutions become a requirement for the assembly service, the payment must be made and cleared to Backyard Cat Enclosures before the service can be provided.
Normal installation hours are 8am-6pm Monday to Friday. If installation is scheduled to start and/or will finish outside of these hours, an out of hours surcharge will be payable by the customer to Backyard Cat Enclosures.
Backyard Cat Enclosures assembly fee is based solely on appropriate scheduling and organizing of third-party assemblers to provide their assembly service to the customer. The assembly services referred to you are appropriately licensed however Backyard Cat Enclosures does not bear any responsibility for their work and their contractual relationship will be directly with you the customer.
Cancellations need to be received at least 48 hours prior to the organized assembly and installation date. If the assembler or installers arrive at the premises without prior notice of cancellation a call out fee equivalent to one hour’s fee will be charged.
The customer must ensure availability for communication on details provided & scheduling flexibility in line with attending the assembler’s availability.
The customer must provide access to assembly site at agreed date & time of attendance, and the assembly site must be readied for assembly/installation which includes providing a clean & safe workplace with sufficient space and clearance for the assembler to work within.

Performing the Service

All units, items and accessories will be assembled and installed to the specification laid down in the manufacturer's instructions and as per Australian standards.
All items will be visually checked for signs of external damage only prior to and on the completion of the service.
Our assembly providers will use their best endeavours to perform the services on the dates agreed between our assembly providers and the customer, however these dates are agreed as estimates only and we will accept no liability in respect of any delay in meeting such dates or schedules.
Our assembly providers will leave the work area in the same state as when we arrived. All product packaging will be placed in one agreed location on the property.
If additional work is requested by the customer this will be payable to Backyard Cat Enclosures for either at the standard package price of that item or at the agreed hourly rate of an Assembler.
In the event of a delay to the installation resulting in unproductive time exceeding ¼ hour then the customer will pay for that time at the agreed hourly rate outlined above.

Rectifying service & equipment issues

Any issues relating to the product should be directed to Backyard Cat Enclosures for review. It is the responsibility of the customer to arrange for the replacement of damaged or faulty goods.
Our assembly providers will undertake remedial work as a direct result of poor workmanship that is identified by the customer within 7 days of the date of the completion of the services.

Our liability to you

Backyard Cat Enclosures excludes all liability in respect of any indirect or consequential loss, any loss of profit, use, anticipated savings, goodwill, reputation or business contracts, claims brought against you by any third party, or any other form of pure economic loss whether arising in contract, tort (including negligence or otherwise).
Backyard Cat Enclosures exclude all liability in respect of any loss, damage or liability of any kind suffered by you or any third party directly or indirectly caused by modifications, adjustment, repairs or remedial work carried out by you or third parties without our prior written approval.
Our total liability in respect to negligent damage to property is restricted to items being assembled or installed by us whilst in our care, custody & control.
The estimate of our fees has been calculated on the basis that we can exclude or limit liability as set out in this Agreement. You confirm that you will bear yourself (or insure against) any loss for which we have excluded or limited liability.
Nothing in this Agreement will operate to exclude or limit our liability to you or any third party in respect of our assembly providers’s negligence as covered by legislation in Australia or in the state in which the installation or assembly was performed.

Confidentiality

All information is subject to Backyard Cat Enclosures privacy policy act, outlined in detail at www.backyardcatenclosures.com.au/privacy-policy
This agreement is subject to the jurisdiction of the Queensland Courts.

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