KITSET ASSEMBLY SERVICES U.S. LLC

Terms and Conditions of Service

1. Acceptance of Terms

By proceeding with a booking, whether through our website, a partner portal, a supplier, or direct engagement, you acknowledge and agree that you have read, understood, and accepted these Terms and Conditions.

These Terms apply to all Services provided by Kitset Assembly Services U.S. LLC and its authorised franchisees, contractors, and service providers.

If you do not agree to these Terms, you must not proceed with the booking.

2. Definitions

“Company”, “we”, “our”, or “us” means Kitset Assembly Services U.S. LLC and its authorised franchisees, contractors, and service providers.

“Customer” or “you” means the person or entity booking or receiving the Services.

“Services” means assembly, installation, mounting, anchoring, relocation, disassembly, servicing, and related non-trade services provided by us.

“Site” means the location where Services are performed.

3. Scope of Services

We provide assembly, installation, mounting, anchoring, disassembly, relocation, and limited servicing of pre-manufactured products.

Our Services are strictly limited to non-trade work and do not include any work requiring a licensed or certified tradesperson unless expressly agreed in writing.

Without limitation, we do not perform electrical work (including the installation or connection of heaters), plumbing, gas fitting, structural modifications, ceiling fixing, product alterations, installation of wood-fired heaters, or the construction of foundations.

We do not anchor outdoor structures to dwellings or buildings where such work requires a licensed contractor or permit.

Where any aspect of the requested work falls outside our scope, it is your responsibility to arrange for appropriately licensed professionals to complete that work.

You acknowledge that certain services may require permits, inspections, licensed contractors, or homeowner association approval, which remain your responsibility unless otherwise agreed in writing.

We reserve the right to refuse or cease any work that we determine falls outside our permitted scope.

4. Reliance on Customer and Third-Party Information

All pricing, scheduling, and service delivery is based entirely on the information provided by you or by third parties on your behalf, including suppliers and retail partners.

You acknowledge and agree that we do not independently verify product specifications, quantities, completeness of parts, site conditions, or suitability prior to attending the Site unless expressly agreed in writing.

Where any information provided is inaccurate, incomplete, or misleading, we reserve the right to adjust pricing, delay or refuse service, cease work, or require a return visit.

Any additional costs, delays, or impacts arising from incorrect or incomplete information remain your responsibility.

5. Conditions of Service

It is a fundamental condition of service that the Site and all required materials are ready and suitable for installation at the time of our attendance.

You must ensure that:

• the correct product has been delivered to the Site;
• all components, fixings, and manufacturer instructions are present and complete;
• the workspace is clear, safe, and free from obstruction;
• the installation area is level and suitable for assembly; and
• the product is located within a reasonable distance of the installation area (generally within 10 metres unless otherwise agreed).

Where requested, you must provide accurate photographs or descriptions of the Site and product prior to attendance.

You acknowledge that failure to meet these conditions may prevent us from commencing or completing the Services.

In such circumstances, we reserve the right to charge a call-out fee, reschedule the Services, reprice the work, or cease the booking.

6. Site Access and Safety

You must ensure that safe and unobstructed access to the Site is available at the agreed time.

If we attend the Site and are unable to proceed due to lack of access, absence of a responsible person, unsafe conditions, restricted workspace, or the product not being delivered or ready, we reserve the right to charge a call-out fee and reschedule the Services.

You acknowledge that time allocated to your booking is reserved exclusively for you and that failure to provide access results in a direct loss to our business.

We reserve the right to refuse or cease work where we consider the Site to be unsafe or unsuitable.

7. Pricing and Variations

All pricing is based on standard installation conditions and the information supplied at the time of booking.

You acknowledge and agree that any variation between the quoted scope and the actual conditions encountered on Site may result in a change to pricing.

This includes, but is not limited to:

• incorrect product selection;
• restricted access;
• confined workspaces;
• unlevel surfaces requiring additional preparation;
• missing or damaged components;
• excessive item movement; or
• additional labor requirements.

We will notify you of any required variation prior to proceeding.

If you do not approve a variation, we reserve the right to cease work and apply a call-out fee.

8. Cancellations and Failed Attendance

Where you cancel a booking with less than 48 hours’ notice, we reserve the right to charge a cancellation fee equivalent to our minimum call-out charge.

Where we attend the Site and are unable to proceed due to circumstances outside our control, including failure to meet the Conditions of Service, a call-out fee may apply.

9. Payment Terms

Payment for Services is due upon completion unless otherwise agreed in writing.

We reserve the right to require a deposit prior to scheduling or commencing work, particularly for larger jobs, where materials must be purchased in advance, or where travel, accommodation, or logistics costs are incurred.

You acknowledge that failure to make required payments may result in refusal to commence or complete Services.

Unpaid amounts may be referred to collections or recovery proceedings where permitted by law.

10. Service Timing

Any timeframes provided are estimates only and are not guaranteed.

You acknowledge that delays may occur due to:

• site conditions;
• product complexity;
• access limitations;
• supplier delays; or
• unforeseen circumstances.

We will make reasonable efforts to communicate delays but accept no liability for delays outside our reasonable control.

11. Ground Penetration and Underground Services

Where Services involve any ground penetration, including digging, post installation, or anchoring into soil or surfaces:

• it is your responsibility to identify and disclose the location of all underground services prior to the commencement of work, including water pipes, gas lines, electrical cabling, drainage systems, irrigation, and communications infrastructure;
• you must ensure that appropriate checks have been completed using relevant utility location services or other appropriate methods; and
• we rely entirely on the accuracy of the information provided by you or third parties.

To the maximum extent permitted by law, we are not responsible for damage to underground services that were not accurately disclosed, identified, or marked prior to commencement of Services.

12. Third-Party Products

We do not manufacture or supply products.

You acknowledge that we have no control over product design, quality, or suitability for purpose.

We accept no responsibility for defects, failures, delays, recalls, or issues arising from the products themselves.

All product-related claims must be directed to the supplier or manufacturer.

13. Installation in Accordance with Manufacturer Instructions

Where Services are carried out in accordance with manufacturer instructions, specifications, or guidelines, you acknowledge that we rely on those instructions as provided.

We accept no liability for any damage, failure, or defect arising from:

• inadequate product design;
• incorrect or insufficient instructions; or
• inherent product faults.

14. Damage, Faults and Rectification

Where damage is caused by our service provider through proven negligence, we will, within a reasonable timeframe, repair or rectify the issue.

Replacement will only be undertaken where repair is not reasonably possible.

You acknowledge that rectification is the primary remedy and that replacement or compensation will not be provided where repair is sufficient.

We are not responsible for:

• pre-existing damage;
• hidden defects; or
• issues arising from the condition of the product or property prior to our attendance.

We may photograph or document Site conditions before, during, or after the provision of Services for quality assurance, dispute resolution, insurance, training, or compliance purposes.

15. Supplier and Product Issues

Where a product is faulty, incomplete, damaged, or unsuitable for installation, we may suspend or cease work until the issue is resolved.

You acknowledge that delays caused by product faults are outside our control.

A return visit may incur a call-out fee where the issue was not caused by us.

16. Consumer Rights

Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies that cannot legally be excluded under applicable consumer protection laws.

17. Limitation of Liability

To the maximum extent permitted by law:

• our liability is limited to direct damages caused by our proven negligence;
• we are not liable for indirect, incidental, special, exemplary, or consequential damages, including loss of income, loss of profits, business interruption, delays, or loss of use; and
• our total aggregate liability arising from any claim relating to the Services will not exceed the amount paid by you for the specific Services giving rise to the claim.

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

18. Disclaimer of Warranties

Except as expressly stated in these Terms, Services are provided “as is” and “as available.”

To the maximum extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

American legal drafting loves the phrase “merchantability.” Sounds less like a warranty doctrine and more like a Victorian disease.

19. Force Majeure

We are not liable for delays or failure to perform Services caused by events outside our reasonable control, including:

• weather events;
• natural disasters;
• supply chain disruptions;
• labor shortages;
• transportation delays;
• utility failures;
• government actions; or
• other unforeseen circumstances.

20. Right to Refuse or Cease Work

We reserve the right to refuse or cease work at any time where:

• the Site is unsafe;
• the requested work falls outside our scope;
• the product is defective or unsuitable;
• instructions are unclear or unsafe; or
• Conditions of Service are not met.

In such cases, a call-out fee may apply.

21. Service Providers and Franchise Network

Services may be performed by independently owned franchisees or independent contractors operating under the Kitset Assembly Services brand.

Each service provider is independently responsible for performing the Services they undertake.

Any issues relating to Services should first be raised with the relevant service provider.

Where appropriate, matters may be escalated to head office for review.

22. Dispute Resolution

Any dispute arising from these Terms or the Services shall first be attempted to be resolved informally and in good faith.

If a dispute cannot be resolved informally, either party may pursue remedies available under applicable law.

Where permitted by law, the parties agree that disputes may be resolved through binding arbitration rather than court proceedings.

To the extent permitted by law, each party waives any right to participate in a class action or class-wide arbitration.

23. Governing Law

These Terms are governed by the laws of the State of [INSERT STATE], without regard to conflict of law principles.

Any dispute relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in that State.

24. Amendments

We reserve the right to update or amend these Terms from time to time.

Updated Terms will apply to future bookings made after publication on our website.

25. General

These Terms apply to all Services regardless of booking method.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

By proceeding with a booking, you confirm your acceptance of these Terms.