Terms of Trade

Accessories means all modules, appliances, unitware, and fixtures selected by you in respect of the Building, as set out in the Quote. Building or Unit means the specific unit selected by you together with any Accessories, as set out in the Quote. Contract means the Quote, these Terms and any further written terms agreed between you and us. Customer has the same meaning as You. Delivery means the delivery of the Building to the Site by us. Deposit means 60% of the Price or any other amount as stated in the Quote. Expanders Location means the location for pick up of the Building by you as specified by us in our Quote. Force Majeure Event means any act, event, nonhappening, omission or accident, and its consequences, beyond our reasonable control, including without limitation fire, flood, wind, snow, storm, earthquake, pandemic, epidemic, riot, war, strikes. GST means goods and services tax pursuant to the Goods and Services Tax Act 1985. Installation means the installation of the Building to the Site by you or a third party. Intellectual Property means any plans, designs, drawings, sketches, concepts and ideas developed by us in relation to the Contract. Price means the price for the Building including Delivery (if applicable), as set out in the Quote and subject to adjustment. Quote means any written summary of your proposed purchase detailing which Building and Accessories you have selected, the Price, and any additional expenses expected to be incurred in relation to your proposed purchase. Practical Completion means: (a) if the Contract is for Supply only, as soon as you load the Building onto a vehicle for departure from the Expanders Location; or (b) if the Contract includes Delivery, as soon as the Building is removed from our delivery vehicle at the Site. Seller has the same meaning as We. Site means the location specified by you to which the Building will be delivered, as set out in the Quote. Supply means the supply of the Building to you by us at the Expanders Location. Terms means these terms and conditions. We, us or our means SGW Capital Limited trading as Expanders and includes our employees and related parties where applicable. Website means https://expanders.co.nz/ as modified from time to time. You or your means the customer and where the customer comprises two or more persons, means those persons jointly and severally, and includes agents acting on your behalf. Words in the singular include the plural and vice versa.

These Terms apply any time you request a Quote from us and may be modified from time to time as advised by us in writing.

3.1 Before we provide any Building to you, you must request a Quote on our Website.

3.2 Unless otherwise stated by us, the Quote will lapse 30 days from the date of issue.

3.3 We may withdraw a Quote at any time in our absolute discretion.

3.4 Your acceptance of the Quote will be deemed to have occurred on the earliest of: (a) you signing the Quote and returning the Quote to us; or (b) you paying the Deposit.

3.5 If you require us to provide the Quote or Contract to a financier, you must advise us in writing at the time we issue you the Quote or Contract.

4.1 The Price will be as recorded in our Quote and is subject to adjustment if any reasonable additional expenses must be incurred for the completion of the Contract. We will inform you of any expected adjustments as soon as practicable.

4.2 If the Contract includes Delivery, we may issue a separate invoice for the costs of transport and Delivery to the Site which are subject to adjustment as in clause

4.1 above.

4.3 Unless agreed otherwise, the Price does not include GST.

5.1 We may render one or more invoices in respect of the Contract.

5.2 The Deposit is payable upon your acceptance of the Quote, with the remainder of the Price being payable as advised by us in our Quote or as agreed with you in writing but in any event prior to Practical Completion.

5.2A Unless otherwise agreed in writing, the remaining 40% of the Price is due once your building is built and we've supplied photos as proof of build, prior to loading for shipment.

5.3 The Price and any interest due on the Price is due as advised and/or as detailed in the Quote without deduction, retentions, counterclaim, or set off, and must be paid in full on the due date.

5.4 All costs associated with Delivery (if applicable) are payable prior to Delivery occurring unless we agree otherwise in writing.

5.5 All payments must be made by way of bank transfer or credit card (credit cards incur a 3% bank fee), and payment of any amount due occurs only when cleared funds are deposited into our nominated bank account.

5.6 If full payment of any invoice is not made on the due date, then without prejudice to any other remedies available to us: (a) we may cancel the Contract or withhold the Supply or Delivery (as applicable) of the Building; (b) interest on monies overdue shall be charged on a monthly basis and be calculated at the official cash rate set by the Reserve Bank of New Zealand plus 2% and will continue to accrue until all amounts due are paid in full; and (c) you shall indemnify us for all costs and disbursements, including on a solicitor and own client basis, incurred by us in recovering such monies owing.

6.1 We may provide an estimated date of Practical Completion. This estimate is strictly conditional upon all amounts payable by you under the Contract being paid in full and on time.

6.2 We will use all reasonable endeavours to achieve Practical Completion within a reasonable time and by any estimated date provided. Any estimated date is an approximation only and may be revised at our discretion, including (but not limited to) circumstances where additional design, engineering, or planning work is required for customised units, which may extend the build time by several weeks.

6.3 We will not be liable for any delay in the Supply and/or Delivery (as applicable), including delays arising from shipping, freight, material availability, factory scheduling, council requirements, or any other matters outside our reasonable control. Under no circumstances will we be liable to compensate you for rent, accommodation costs, loss of income, or any other consequential costs arising from delays.

6.4 If Supply and/or Delivery is delayed due to a Force Majeure Event or any reason beyond our reasonable control, we will inform you in writing as soon as practicable if an extension of time is required to achieve Practical Completion. If any additional costs, fees, or expenses are incurred as a result of such delay, the Price will be adjusted accordingly and we will notify you as soon as reasonably practicable. If a Force Majeure Event causes damage during transport, our liability is strictly limited to the terms in Section 11 (Insurance). No refunds, compensation, or replacements will be provided for damages arising from events outside our reasonable control.

6.5 If failure to pay the remaining balance or late payment results in the unit being held at port, delayed, or needing to be redirected, any and all associated charges (including but not limited to holding, storage, demurrage, detention, or re-delivery fees) will be billed to you (the customer).

7.1 This clause 7 applies if the Contract is for Supply only.

7.2 The date for pick up from the Expanders Location will be as agreed in writing between you and us. You must give us at least 3 working days’ notice before collecting the Building from the Expanders Location.

7.3 We may store the Building at the Expanders Location for up to 4 weeks (unless otherwise agreed upon) after the Building is available for pick up at an additional cost. We will advise you of the cost at the time storage is requested.

7.4 Unless we have agreed on a new date for pick up with you under clause 7.2, if the Building is not collected from the Expanders Location by the agreed date, we may charge you additional costs that we incur for storing the Building at current market rates.

8.1 This clause 8 applies if the Contract includes Delivery.

8.2 You will grant us access to the Site for the purposes of Delivery. You will ensure that we have adequate and safe access to the Site to fulfil our obligations under the Contract. You will provide safe and suitable site facilities, as notified to you with the Building documentation we provide to you.

8.2A While we may arrange transport on your behalf for your convenience, the transport company is a separate third party, and not under our direct control. As such, we are not liable for any acts, omissions, delays, or damages caused by the transport company, unless you have purchased optional transport insurance (see clause 11).

8.3 We will use all reasonable endeavours to ensure that Delivery occurs on the date specified in our communication.

8.4 Upon Delivery, you must inspect the Building immediately for any damage or defects. You must notify us in writing of any issues within 48 hours of Delivery. If we do not receive notice within this timeframe, you are deemed to have accepted the Building in good condition.

8.5 If the Building arrives visibly damaged, you must not sign for the delivery and must notify us immediately. Signing for the delivery in a damaged condition may limit our ability to assist with insurance claims or disputes with the transport company. In such cases, you must document the damage thoroughly with photographs and provide these to us within 48 hours.

8.6 Any delays or additional costs incurred during Delivery due to inadequate access, improper Site conditions, or failure to meet pre-delivery requirements (e.g., Site preparation) will be charged to you.

8.7 If you have purchased optional transport insurance, you are required to submit photographic evidence of any damages when filing a claim.

9.1 We retain ownership of the Building and title does not pass to you until all amounts due under the Contract are paid in full.

9.2 If we are unable to complete the Contract for any reason, you will have an equitable lien in the Building to the extent that you have paid for the materials and works incorporated in or completed in respect of the Building.

10.1 Risk in the Building passes to you immediately upon the Building being in your possession (whether by you picking up the Building or the completion of Delivery (as applicable)).

10.2 For the avoidance of doubt, if the Contract includes Delivery, risk remains with us during transport of the Building to the Site and passes to you immediately as the Building is unloaded from our delivery vehicle at the Site.

10.3 Due to the nature of our product updates and improvements, there may be very minor differences between the product depicted in photos or videos and the final product you receive. These differences are typically due to upgrades or refinements, and in nearly all cases, the delivered product will meet or exceed the specifications shown.

11.1 We will hold appropriate insurance coverage in respect of the Building up until Practical Completion only.

11.2 You may purchase our optional TransitCare Protection for $990, which provides coverage for damages to the Building during transport to the Site.

11.3 TransitCare Protection covers: Structural damage, scratches, or breakages caused during transport. Costs of repair or replacement due to transport-related incidents, subject to approval.

11.4 TransitCare Protection does not cover: Damages caused by improper Site conditions or handling after Delivery. Issues arising from failure to inspect and report damages within 5 days of Delivery.

11.5 If you purchase TransitCare Protection, it will automatically apply to your order. You will have 5 days from Delivery to inspect the Building and notify us of any damage. Any claims submitted after this period will not be accepted.

11.6 Claims under TransitCare Protection require: Written notification of damage within 5 days of Delivery. Photographic evidence of the damage.

11.7 If you choose not to purchase the optional insurance, you acknowledge and agree that: (a) You bear all risks associated with transport of the Building once it has left our possession. (b) Any claims for damage during transport must be pursued directly with the transport company, and we are not liable for such damages.

12.1 This clause 12 applies if the Contract includes Delivery.

12.2 You are liable for the costs and arrangement of any Site Work (if required). For the purposes of this clause 12, Site Work means any inspection, landscaping, clearing, installation of foundations, or other works required to make the Site clear and suitable for Delivery.

12.3 Any Site Work must be completed prior to Delivery. You acknowledge and agree that we have no responsibility in respect of the Site Work.

12.4 If we cannot perform Delivery due to an inadequate Site or delays in Site Work, you acknowledge and agree that we are not liable in respect of any subsequent delay in Practical Completion.

13.1 The Building is supplied as a portable structure and should be used in accordance with applicable laws, regulations, and local requirements relevant to the Customer’s location.

13.2 The Customer is responsible for confirming that the Building is suitable for their intended use and Site.

13.3 Where required, the Customer is responsible for obtaining any relevant permits, consents, or approvals associated with the installation or use of the Building.

13.4 Any information or guidance provided by the Seller is general in nature and intended to assist only, and should not be relied on as formal planning or regulatory advice.

13.5 The Seller is not responsible for how the Building is used once delivered, or for any requirements relating to approvals, compliance, or site-specific regulations.

14.1 The Building supplied under this Contract is designed as a portable, relocatable structure. It can be used in a variety of ways depending on site conditions and local requirements.

14.2 Requirements for installation and use may vary depending on your location, including local council or regulatory guidelines where applicable.

14.3 The Customer acknowledges that: (a) regulations, zoning rules, and requirements can differ between regions and countries; (b) any guidance provided by the Seller is general in nature and intended to assist only; (c) it is the Customer’s responsibility to confirm and obtain any approvals, permits, or consents required for their intended use of the Building.

14.4 If the Building is installed or used in a way that requires approvals or compliance, the Customer is responsible for ensuring those requirements are met.

14.5 The Seller is not responsible for decisions made by councils, authorities, or regulators, or for any associated processes, costs, or timelines relating to approvals or compliance.

14.6 The Customer agrees to use the Building in accordance with applicable laws and regulations relevant to their location.

15.1 Installation in respect of the Building is your sole responsibility, and all costs associated with the Installation are payable by you.

15.2 We will provide you with Installation instructions in respect of the Building along with the Building documentation.

15.3 You, or any third party engaged by you, must comply with all Installation instructions we provide to you. You acknowledge and agree that we will not be liable for any failure, omission, or mistake made in relation to the instructions, whether by you or a third party.

15.4 We will not be liable for any issues arising as a result of or during the Installation process, which are a direct consequence of the act or omission of a third party.

15.5 We recommend that the Building be secured to the Site with appropriate anchors or tie downs. The Price does not include the cost of anchors or tie downs unless specifically provided for in the Quote.

15.6 If you purchased an Expander or DesignerPod, it must be properly sealed during Installation to achieve watertightness. Roof flashings can also be added during the Installation process for additional protection. Additionally, we supply roof trusses for customers who choose to add their own Colorsteel roof, which should be organised with a licensed builder.

15.7 For an additional fee, we offer an optional assembly service to ensure proper Installation of the Building. If you decline this service, you are responsible for any issues or damages resulting from improper Installation.

16.1 You agree that any Intellectual Property created or developed by us in relation to the Contract will be solely owned by us.

16.2 You will not disclose, circulate, reproduce or otherwise share any Intellectual Property to any other party without our prior written approval (which we may withhold for any reason).

16.3 Any Intellectual Property provided to you in relation to the Contract is given only for your benefit and in your interest. It is not to be relied on by third parties.

17.1 In your dealings with us we may sometimes collect and hold personal information about you. If you are an organisation, this may include collecting and holding personal information about your personnel.

17.2 We may use that information to carry out our obligations under the Contract, collect any debts owed to us and to comply with our legal obligations. Failure to provide information we request may prevent or hinder us from completing the contract.

17.3 The information we collect and hold about you will be kept at our offices and/or held electronically. We use such security safeguards as are reasonable in the circumstances to protect it.

17.4 If we hold personal information about you, you have the right to access and correct this information as set out in the Privacy Act 2020.

17.5 We will otherwise collect, retain, use and disclose any personal information collected in connection with our Services in accordance with our obligations under the Privacy Act 2020.

Our work for you is provided on a non-exclusive basis. Notwithstanding this, we will hold in confidence all information concerning you or your affairs that we acquire while working for you. We will only disclose confidential information if it is necessary (and will do so in line with clause 16 above) or desirable to enable us to carry out your instructions (of which we will require your prior consent) or if it is required by law.

19.1 Without limiting any remedy available to you under the Consumer Guarantees Act 1993, this clause 19 applies in respect of any defects arising after Practical Completion.

19.2 You must notify us of any defect in the Building in writing as soon as reasonably possible after the defect becomes apparent.

19.3 Subject to clause 19.6, in respect of any new Building supplied by us, any such defect that arises and that is notified to us within 36 months of Practical Completion will be remediated by us within a reasonable time from notification.

19.4 Any defect in respect of Accessories remains covered by the guarantee provided by the manufacturer of that Accessory (if any) and is not covered by clause 18.2.

19.5 We may at our sole discretion agree to conduct repairs on the Building or Accessories. Any costs associated with the return and delivery of the Building and/or Accessories to and from the Expanders Location (if required) will be covered by you.

19.6 If you conduct any material modification, changes or improvements to the Building after Practical Completion, the warranty provided under this clause 19 may be void. Additionally, if you relocate the Building, any damage caused during the relocation that is beyond the ordinary wear and tear expected on the Building may also void the warranty. For the avoidance of doubt, non-structural alterations to the Building will not void the warranty.

19.7 The warranty provided under this clause 19 is void if any defect is due to external events beyond human control or any actions, negligence or omissions by you or any third party engaged by you.

19.8 We do not offer or imply any warranties in respect of: (a) the Building’s suitability for a specific purpose; (b) the Building’s marketability; (c) the description, condition or quality of the Building; (d) necessary permissions, licenses, or approvals related to the Building; or (e) the legality of the intended use of the Building on the Site.

20.1 No Refunds for Change of Mind: We do not offer refunds for change of mind under any circumstances.

20.2 Refunds for Exceptional Cases: On rare occasions, we may agree to issue a refund at our sole discretion and only under exceptional circumstances. Refunds will be subject to the following conditions: A restocking fee of 10% of the Price of the unit will apply to cover administrative, handling, and storage costs. Refunds may take up to 60 days to process, as we will need to on-sell the unit to another customer before issuing the refund.

20.3 No Refunds After Delivery: Once the unit has been delivered to the customer’s site, we are unable to offer any refunds under any circumstances.

20.4 Assistance with On-Selling: If a customer wishes to on-sell their unit after delivery, we may assist with the process under the following terms: The customer is responsible for all associated costs, including delivery, transportation, and any other logistics. We will charge a 10% service fee for facilitating the on-sale.

21.1 If: (a) you are in breach of these Terms or the Contract and fail to remedy that breach within 7 days after receiving notice to remedy from us; or (b) you become insolvent, bankrupt, convene a meeting with your creditors, or make an assignment for the benefit of your creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed with respect to you or any of your assets; or (d) if you cease, or threaten to cease, to carry on any material part of your business, all payments due under the Contract and our invoice(s) shall become immediately due and payable to us and we may without prejudice to any other remedies available to us, immediately suspend or terminate any engagement with you.

21.2 If any event listed in clause 21.1(a – d) occurs, we may retake possession of the Building and remove it from the Site at your expense and you: (a) irrevocably grant us the authority to enter the Site where the Building is located to remove any Building or part of the Building (including any property in, on, or attached to the Building) at your cost; and (b) acknowledge and agree that you have no right or interest in the Building or part of the Building (as applicable).

21.3 We may set off any amounts owed to you against any amounts you owe us.

22.1 In carrying out our obligations under the Contract, we will: (a) take reasonable care and skill; (b) comply with applicable laws and good industry practice.

22.2 To the extent permitted by law, the Seller is not responsible for any loss, cost, or expense arising in connection with: (a) how the Building is used after delivery; (b) any approvals, consents, or permits required for installation or use; (c) decisions or requirements of councils, authorities, or regulators; (d) any changes or additional work needed to meet local compliance requirements; (e) reliance on general information or guidance provided by the Seller; (f) installation, site conditions, or third-party contractors engaged by the Customer; (g) transport or delivery carried out by third parties.

22.3 The Building is supplied as a general-purpose portable structure. Suitability for a specific use, site, or approval process will depend on individual circumstances and local requirements.

22.4 Where the Seller is found to be liable for any claim, that liability will be limited to the total amount paid by the Customer under the Contract.

22.5 Nothing in these Terms limits any rights the Customer may have under applicable consumer protection laws. Where the Building is acquired for business purposes, the Customer agrees that such laws may not apply to the extent permitted.

Where you purchase a Building for business purposes, you acknowledge and agree that the Building and our related services are being supplied “in trade” and therefore the Consumer Guarantees Act 1993 does not apply.

All warranties and representations not expressly stated in these Terms (whether express, statutory, implied or otherwise) are excluded to the maximum extent permitted by law.

We may assign or subcontract any part of our obligations under the Contract without your prior written consent. The Contract is exclusively provided for your benefit and cannot be assigned by you without our prior written consent.

Any variation to the Contract must be agreed upon in writing by the parties. The Price may be adjusted accordingly.

27.1 If a dispute arises regarding these Terms or the Services, we will both try to resolve the dispute by good faith negotiations.

27.2 If we cannot resolve the dispute within 3 weeks of negotiations, either of us may refer the dispute to mediation by notice in writing, with a mediator to be agreed by you and us within five working days of that notice or, failing agreement, by the President of the New Zealand Law Society or their nominee. We will share the costs of the mediator equally with you, unless agreed otherwise in mediation.

27.3 If we cannot resolve the dispute within 1 week of mediation, either of us may refer the dispute to arbitration by notice in writing, with an arbitrator to be agreed by you and us within five working days of that notice or, failing agreement, by the President of the New Zealand Law Society or their nominee. We will share the costs of the arbitrator equally with you, unless agreed otherwise in arbitration. The decision of the arbitrator will be final and binding upon both parties.

28.1 Enforcement: The failure by either party to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.

28.2 Governing Law: These Terms are governed by New Zealand law and New Zealand Courts have non-exclusive jurisdiction.

28.3 Severability: Each clause of these Terms is separately binding. If any clause is void, unenforceable or otherwise ineffective, the remaining clauses will continue to be valid and enforceable.

You are responsible for maintaining the Building after Delivery, including ensuring appropriate assembly, securing the Building to the Site, and complying with all applicable regulations. Any damage caused by improper handling, assembly, or maintenance is your sole responsibility.

Delivery is conducted by a third-party transport company, we will arrange the transport on your behalf but are not liable for their performance or any damages caused during transit. Any claims for damage must be pursued directly with the transport company unless you have purchased the optional insurance.