Terms and Conditions - Design A Com – Portable Buildings

Last Updated: August 2026

These Terms & Conditions apply to quotations, manufacture, supply, sale, delivery and associated services provided by Design A Com.

By accepting a quotation, placing an order, paying a deposit or instructing Design A Com to commence work, the customer agrees to these Terms & Conditions together with any terms contained in the applicable quotation, specification, plans or written agreement.

Unless otherwise stated, quotations are valid for the period specified on the quotation.

Prices are based on the information, plans, specifications, quantities and requirements known at the time the quotation is prepared.

Design A Com reserves the right to revise a quotation where:

• the scope or specification changes;

• dimensions, materials, finishes or quantities change;

• additional work is requested;

• site conditions differ from those advised;

• regulatory or engineering requirements change;

• supplier prices materially change before acceptance;

• transport, cranage or access requirements change; or

• information supplied by the customer is inaccurate or incomplete.

Unless specifically included in writing, items not expressly listed in the quotation are excluded.

A quotation is considered accepted when the customer:

• confirms acceptance in writing;

• signs an acceptance or agreement;

• pays the requested deposit or initial payment; or

• otherwise instructs Design A Com to proceed.

Acceptance creates a binding agreement incorporating the quotation, plans and specifications, these Terms & Conditions and any other written conditions agreed between the parties.

Deposits and progress payments will be specified in the quotation or agreement.

Payments must be made by the dates stated.

Where materials are being supplied for construction or assembly by the customer or another party, Design A Com may require full payment for those materials before they are ordered, released or delivered.

Design A Com reserves the right to suspend manufacture, ordering, delivery or other work where an account is overdue.

Any resulting delay may extend the anticipated completion or delivery date.

Any alteration requested after acceptance of the quotation may constitute a variation.

Variations may affect:

• the contract price;

• material requirements;

• manufacturing time;

• delivery dates;

• engineering;

• consenting requirements; and

• other aspects of the project.

Where practicable, Design A Com will advise the customer of additional costs before carrying out substantial variation work.

Customer approval of a variation may be given in writing, including by email or other recorded electronic communication.

Plans, drawings, concepts, construction details, specifications and other design material prepared or supplied by Design A Com remain the intellectual property of Design A Com unless otherwise expressly agreed in writing.

They may not be copied, reproduced, supplied to another manufacturer or builder, used to manufacture additional buildings, or used for any purpose outside the agreed project without prior written permission from Design A Com.

Payment for a building does not automatically transfer ownership of Design A Com’s underlying designs, construction systems or intellectual property.

Where a quotation is based upon the manufacture or supply of a specified number of buildings or units, the quoted pricing is conditional upon the full stated quantity being ordered.

If the customer subsequently reduces the quantity, Design A Com reserves the right to recalculate the price of units supplied or remaining to be supplied based on its normal rates and the revised quantity.

Responsibility for building consent, resource consent, site approvals, engineering, foundations and other regulatory requirements will be as specified in the quotation.

Unless expressly included in writing, Design A Com does not warrant that a particular site or proposed use will receive Council or regulatory approval.

Where Design A Com assists with consenting or regulatory processes, timeframes remain subject to the relevant authority and are outside Design A Com’s direct control.

Delays caused by Council, engineers, inspectors or other regulatory authorities may extend manufacturing and completion dates.

The customer is responsible for ensuring that information supplied to Design A Com is accurate and complete.

Where applicable, the customer must provide suitable:

• site access;

• foundations or prepared building platform;

• vehicle and crane access;

• clearances from trees, structures and overhead services;

• utility connections;

• site information;

• permissions and approvals; and

• safe working conditions.

Additional costs arising from inadequate access, incorrect information, unsuitable site conditions or circumstances not reasonably apparent when the quotation was prepared may be charged to the customer.

Any manufacturing, completion or delivery date provided by Design A Com is an estimate unless expressly agreed otherwise in writing.

Timeframes may be affected by circumstances including:

• availability of materials;

• supplier delays;

• availability of windows, doors and specialist products;

• Council or engineering requirements;

• customer-requested changes;

• weather;

• transport availability;

• contractor availability; and

• events outside Design A Com’s reasonable control.

Design A Com will make reasonable efforts to meet anticipated timeframes but is not responsible for delays caused by circumstances outside its reasonable control.

Materials and products may occasionally become unavailable, have extended lead times or be discontinued.

Where an item becomes unavailable, Design A Com may, after consultation with the customer where appropriate, recommend a reasonably comparable alternative.

Material shortages or supplier delays may affect project completion dates.

Transport and delivery are included only where expressly stated in the quotation.

Where transport is included, the price is based upon the access, location and delivery requirements known at the time of quoting.

Additional charges may apply where:

• site access differs from that described;

• specialist transport is required;

• additional permits or pilot vehicles are required;

• delivery must be rescheduled for reasons outside Design A Com’s control;

• additional handling or storage is required; or

• unexpected site conditions increase delivery costs.

The customer must ensure the delivery site is accessible and ready to receive the building at the agreed time.

Cranage, lifting and final positioning of a building are included only where specifically stated.

The customer must advise Design A Com of any known access restrictions, underground services, overhead power lines, soft ground or other hazards that may affect delivery or lifting.

Additional costs resulting from unsuitable or undisclosed site conditions may be charged to the customer.

Risk in goods and materials may pass to the customer upon delivery to the customer or the nominated delivery site.

Ownership of goods supplied by Design A Com remains with Design A Com until all amounts owing in respect of those goods have been paid in full, to the extent permitted by law.

Where applicable, Design A Com reserves any rights available to it under New Zealand law in relation to unpaid goods.

Customers should inspect the building and supplied items as soon as reasonably practicable following delivery or completion.

Any apparent damage, missing items or workmanship concerns should be reported to Design A Com promptly so they can be investigated.

Nothing in this clause limits any rights the customer may have under applicable New Zealand consumer law.

Design A Com provides a 2-year workmanship warranty, subject to the conditions and exclusions contained in the applicable Design A Com Warranty document.

Manufacturer warranties applying to appliances, fittings, fixtures or other third-party products will apply according to the relevant manufacturer’s terms.

The Design A Com warranty does not cover damage or defects resulting from circumstances including:

• misuse, neglect or accidental damage;

• unauthorised alterations or repairs;

• lack of reasonable maintenance;

• customer or third-party work;

• site movement or unsuitable foundations not supplied by Design A Com;

• abnormal weather or environmental events;

• normal wear and tear; or

• matters otherwise excluded in the Design A Com Warranty.

Nothing in this warranty or these Terms & Conditions limits rights that cannot legally be excluded under New Zealand law.

Where the customer acquires goods or services as a consumer, nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies available under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand legislation where those rights cannot lawfully be excluded.

Where goods or services are acquired for business purposes and the parties are legally permitted to contract out of the Consumer Guarantees Act 1993, any such exclusion must be expressly agreed in writing and will apply only to the extent permitted by law.

Design A Com will take reasonable care in the manufacture, supply and delivery of its buildings and services.

To the maximum extent permitted by law, Design A Com will not be responsible for indirect, consequential or special loss resulting from circumstances outside its reasonable control.

Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful.

Design A Com is not responsible for defects, damage or delays caused by work carried out by the customer or independent third parties outside Design A Com’s control.

Where another contractor carries out foundations, connections, installation, alterations or other work associated with a Design A Com building, responsibility for that work remains with the relevant contractor.

Once an order has been accepted and Design A Com has commenced design, ordering or manufacturing work, cancellation may result in costs being payable.

The customer may be responsible for reasonable costs already incurred, including:

• design and administration;

• engineering;

• Council or professional fees;

• materials ordered;

• custom-manufactured items;

• supplier cancellation charges;

• labour already undertaken; and

• other reasonable costs resulting from cancellation.

Any cancellation charge will reflect Design A Com’s actual or reasonably anticipated loss and will be subject to applicable New Zealand law.

Design A Com will not be liable for failure or delay caused by events outside its reasonable control, including natural disasters, severe weather, fire, flood, earthquake, epidemic, industrial action, transport disruption, supply-chain interruption, material shortages, government restrictions or other comparable events.

Where such an event occurs, Design A Com will endeavour to resume performance as soon as reasonably practicable.

Information, photographs, plans, specifications and examples shown on the Design A Com website are provided as general information.

Photographs may show optional features, customer-selected finishes or items that are not included as standard.

Specifications, materials and designs may change as products and construction methods develop.

Customers should rely on their individual written quotation, plans and specifications when determining what is included in their project.

Unless otherwise stated, website text, photographs, graphics, plans, drawings, designs and other original material produced by or for Design A Com remain the property of Design A Com or the respective copyright owner.

They may not be commercially copied, reproduced or used without permission.

If a concern or dispute arises, the customer should contact Design A Com promptly so that the matter can be investigated and an attempt made to resolve it reasonably.

Where a dispute cannot be resolved directly, either party may pursue any dispute resolution or legal remedies available under New Zealand law.

Personal information collected in connection with enquiries, quotations and projects will be handled in accordance with the Design A Com Privacy Policy and the Privacy Act 2020.

These Terms & Conditions are governed by the laws of New Zealand, and the parties submit to the jurisdiction of the New Zealand courts and tribunals.

Design A Com may update these Terms & Conditions from time to time.

The Terms applying to an accepted project will generally be those in effect when the relevant quotation or agreement was accepted, unless the parties subsequently agree otherwise in writing.

Questions regarding these Terms & Conditions should be directed to:

Design A Com

Website: designacomnz.co.nz

Please refer to the Contact page of our website for current telephone, email and postal contact details.