Terms, Conditions & Policies

Clear, fair guidelines that explain how Auspatios Direct works, what you can expect from us, and what we need from you, all in one place.

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TERMS, CONDITIONS & POLICIES

AusPatios Direct Pty Ltd (ACN 686 888 040)
Address: 1/32 Premier Circuit, Warana QLD 4575
Phone: 1300 565 567
Email: [email protected]
Effective Date: February 2026

1. IMPORTANT KEY DISCLOSURES (QLD & NSW)

By placing an order with AusPatios Direct Pty Ltd ("AusPatios Direct", "we", "us", "our"), you acknowledge and agree that:

  1. Supply-Only Transaction
    AusPatios Direct supplies building materials, components, patio and carport kits, drawings, and engineering documentation only. We do not provide installation services, construction supervision, certification, site management, or building advice.
  2. No Control Over Installation or Site Safety
    All installation works are carried out entirely at your own risk. AusPatios Direct has no control over the installation process or site conditions. You are solely responsible for site safety, compliance with all applicable laws, and engagement of any licensed builders, engineers, or trades.
  3. Engineering Limitations
    Engineering documentation supplied relates only to the kit components provided and does not assess, certify, or warrant:
    1. the condition or structural adequacy of any existing dwelling or structure;
    2. slabs, footings, foundations, or soil conditions;
    3. site-specific variations or latent defects.
  4. Inspection on Delivery
    You must inspect the Goods immediately upon delivery and notify us of any visible damage or missing items within 48 hours.
  5. Custom Production Trigger
    Once you confirm final measurements ("Check Measure") or full payment is received, your order enters production and cannot be cancelled for change of mind.

Nothing in this section limits or excludes your rights under the Australian Consumer Law ("ACL").

2. DEFINITIONS & INTERPRETATION

  • ACL means the Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Customer, you, your means the individual or entity acquiring the Goods.
  • Goods means all materials, components, kits, drawings, and engineering documentation supplied by AusPatios Direct.
  • Production means the release of materials, cut lists, fabrication instructions, or manufacturing processes.

3. ORDER VERIFICATION — "CHECK TWICE, CUT ONCE"

  1. No order will be released into Production until the Customer has verified and approved all dimensions, colours, quantities, and specifications.
  2. Production commences once:
    1. the Customer provides "Check Measure" confirmation; or
    2. full payment is received.
  3. Due to the custom-fabricated nature of the Goods, orders cannot be cancelled or altered once Production has commenced, except as required under the ACL.

4. SUPPLY OF MATERIALS & CUSTOMER OBLIGATIONS

  1. Goods are supplied strictly on a supply-only basis.
  2. The Customer is solely responsible for:
    1. installation and construction of the Goods;
    2. compliance with the National Construction Code (NCC), council requirements, and all approvals;
    3. engaging licensed or qualified professionals where required;
    4. ensuring all workplace health and safety obligations are met.

5. ENGINEERING & INFORMATION DISCLAIMER

  1. Engineering documentation applies only to the kit components supplied.
  2. Engineering does not certify, assess, or warrant:
    1. existing buildings or structures;
    2. slabs, footings, foundations, or soil conditions;
    3. site-specific variations or construction methods.
  3. Engineering documentation does not replace council approvals, inspections, or regulatory compliance obligations.

6. PRICING, PAYMENT, TITLE & RISK

  1. Payment
    Full payment is required prior to Production.
  2. Risk
    Risk in the Goods passes to the Customer upon unloading at the delivery address.
  3. Title
    Title to the Goods remains with AusPatios Direct until payment is received in full.

7. DELIVERY, ACCESS & PROPERTY DAMAGE

  1. The Customer must ensure clear, safe, and suitable access for delivery vehicles, including crane trucks where required.
  2. To the maximum extent permitted by law, AusPatios Direct and its third-party carriers are not liable for damage to driveways, turf, landscaping, underground services, or surrounding property occurring during delivery or unloading.
  3. Delivery is kerbside only, unless otherwise agreed in writing.
  4. Except to the extent caused by our negligence or breach of the ACL, AusPatios Direct is not liable for damage arising from:
    1. inadequate or unsafe site access;
    2. undisclosed underground services;
    3. unsuitable or unstable ground conditions; or
    4. delivery in accordance with the Customer's instructions.

8. SAFETY, INSTALLATION RISK & INSTRUCTIONAL MATERIALS

  1. The Customer acknowledges that installation of building materials involves inherent risks, including personal injury, death, and property damage.
  2. Any drawings, guides, videos, manuals, or instructions provided are:
    1. general in nature only;
    2. not site-specific;
    3. not professional construction advice;
    4. not a substitute for licensed or qualified expertise.
  3. The Customer is solely responsible for ensuring safe work practices are used at all times.
  4. To the maximum extent permitted by law, AusPatios Direct is not liable for loss, damage, or injury arising from:
    1. incorrect installation;
    2. failure to follow safety procedures;
    3. misuse or modification of the Goods;
    4. reliance on instructional materials without appropriate professional oversight.
  5. Nothing in this clause excludes liability that cannot be excluded under the ACL, including liability for personal injury caused by our negligence.

8A. ROOFING MATERIALS — SPECIFIC SAFETY WARNING

  1. The Customer acknowledges that roofing and structural building materials supplied by AusPatios Direct, including metal sheets, flashings, beams, posts, and related components, are inherently heavy, sharp, and potentially dangerous if not handled, stored, lifted, cut, or installed correctly.
  2. The Customer is solely responsible for ensuring that:
    1. appropriate personal protective equipment (PPE) is used, including gloves and fall-protection equipment;
    2. safe manual handling practices are followed;
    3. materials are stored and secured safely on-site;
    4. installation is carried out by suitably experienced or licensed persons where required; and
    5. all applicable workplace health and safety laws and standards are complied with.
  3. To the maximum extent permitted by law, AusPatios Direct is not liable for injury, loss, or damage arising from the handling, lifting, storage, cutting, or installation of the Goods, except to the extent that such liability cannot be excluded under the ACL.

9. INSPECTION, DAMAGE & CANCELLATIONS

  1. Delivery Inspection
    Visible damage or shortages must be reported within 48 hours of delivery.
  2. This requirement does not limit the Customer's rights under the ACL in relation to latent defects or non-conforming Goods.
  3. Cancellations
    Change-of-mind cancellations are not accepted once Production has commenced. ACL remedies remain unaffected.
  4. Failure to notify within 48 hours does not limit the Customer's rights under the ACL in relation to non-visible defects, consumer guarantees, or major failures.

10. WARRANTIES & MANUFACTURER WARRANTIES

  1. Statutory Guarantees. Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). You are entitled to:
    1. a replacement or refund for a major failure; and
    2. compensation for any other reasonably foreseeable loss or damage; and
    3. have the Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
  2. No Exclusion of Non-Excludable Rights. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the ACL or any other applicable law that cannot be excluded.
  3. Fitness for Purpose. Where the Customer makes known to AusPatios Direct any particular purpose for which the Goods are required, the consumer guarantee as to fitness for purpose under section 55 of the ACL applies to the extent required by law. Except as required under the ACL, AusPatios Direct does not provide site-specific design advice and does not assess the suitability of the Goods for individual structural, soil, environmental, or regulatory conditions unless expressly agreed in writing.

11. LIMITATION OF LIABILITY (ACL-COMPLIANT)

  1. Application of Section 64A ACL. To the extent permitted by section 64A of the ACL, where the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, AusPatios Direct's liability for a failure to comply with a consumer guarantee is limited, at our option, to:
    1. replacement of the Goods or supply of equivalent Goods;
    2. repair of the Goods;
    3. payment of the cost of replacing the Goods; or
    4. payment of the cost of having the Goods repaired.
  2. Major Failures. The limitation in clause 11.1 does not apply where the failure constitutes a major failure within the meaning of the ACL.
  3. Consequential Loss. Subject to clauses 10 and 11.2, and to the maximum extent permitted by law, AusPatios Direct is not liable for:
    1. loss of income, wages, or profits;
    2. business interruption;
    3. delay costs;
    4. loss of opportunity; or
    5. any indirect or consequential loss arising from supply, delivery, installation, or use of the Goods.
  4. Personal Injury and Negligence. Nothing in these Terms excludes or limits liability for:
    1. personal injury or death caused by our negligence;
    2. fraud or wilful misconduct; or
    3. any liability that cannot lawfully be excluded under the ACL.

12. INTELLECTUAL PROPERTY & INDEMNITY

  1. All drawings, engineering documents, guides, and related materials remain the intellectual property of AusPatios Direct.
  2. The Customer indemnifies AusPatios Direct against claims, losses, or liabilities arising from:
    1. installation or construction works;
    2. non-compliant or unsafe installation;
    3. misuse or modification of the Goods; or
    4. acts or omissions of builders, installers, or other third parties engaged by the Customer, except to the extent that the claim arises from AusPatios Direct's negligence, breach of the ACL, or other liability that cannot be excluded by law.

13. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any other court of competent jurisdiction within Australia.

14. SEVERABILITY

If any provision of these Terms is determined to be an unfair contract term under the ACL, that provision will be severed and the remainder of the Terms will continue in full force and effect.