General Terms & Conditions

These General Terms and Conditions constitute a legally binding agreement between the purchaser or hirer ("Customer", "Buyer", "You") and Horizon Retailers Pty Ltd ("Company", "We", "Us", "Our"). By placing an order, accepting a written quotation, or making payment, you unconditionally accept and agree to be bound by these terms.

In these Terms:

• "Goods" means ISO shipping containers (10ft, 20ft, 40ft), modified units, accessories, and associated hardware supplied by Us.
• "Services" means transport delivery, positioning, engineering modifications, or hire services performed by Us or our authorized transport carriers.
• "Contract" means the binding agreement formed between You and Us, comprised of these Terms, our written Quotation, and the confirmed Tax Invoice.

All quotations issued by Horizon Retailers Pty Ltd are subject to stock availability and are valid for a period of seven (7) calendar days from the date of issue, unless expressly stated otherwise in writing. Due to ongoing fluctuations in global steel markets, maritime shipping rates, and fuel levies, prices are subject to revision after the expiry of this quotation validity window.

Unless explicitly indicated otherwise, all stated prices, quotations, and commercial invoices are quoted in Australian Dollars ($AUD) and clearly itemize the 10% Goods and Services Tax (GST) payable in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Quotations for freight and delivery are strictly based on standard, unimpeded site access. Surcharges may apply in circumstances where transport conditions differ from the assumptions stated on your quotation (e.g. unsealed access roads, extended driver wait times, or restricted delivery windows).

An order is deemed confirmed only upon the Customer's written acceptance of our quotation and either receipt of full cleared funds or the required security deposit into our nominated Australian bank account.

• Standard Container Sales: 100% payment of the invoice total (including container cost and delivery fees) must be received in cleared funds prior to the vehicle departing our Port Macquarie depot for dispatch.
• Modified & Bespoke Builds: A minimum non-refundable deposit of 50% is required prior to the commencement of fabrication, drafting, cutting, or electrical works. The remaining 50% balance must be settled in cleared funds prior to dispatch or collection.
• Approved Commercial Accounts: Commercial 30-day payment accounts may be granted at our sole discretion to verified corporate, agricultural, or civil entities following successful credit checks.

Delivery of containers involves heavy rigid or articulated transport vehicles (Tilt-Tray, Side-Loader, or Crane Trucks). The Customer bears sole responsibility for verifying and warranting that the delivery site and all approach roads are safely accessible for the nominated heavy vehicle.

Driver Discretion & Abortive Delivery: Delivery drivers retain absolute discretion to refuse entry or unloading if, in their reasonable professional judgement, site access is unsafe, risks bogging the vehicle, or poses danger to property, power lines, or personnel. In the event delivery cannot be completed due to site restrictions, locked gates, soft ground, or inaccurate access declarations:

• The Customer remains liable for 100% of the initial freight fee.
• The Customer will be billed for redelivery, depot return cartage, and container storage fees incurred.
• Demurrage fees of $150.00 + GST per hour apply for driver site waiting times exceeding thirty (30) minutes from arrival.

Shipping containers supplied by Horizon Retailers Pty Ltd are graded in strict alignment with international maritime and Australian domestic standards:

• Single-Trip (New): Manufactured overseas and utilized for one cargo trip to Australia. Pristine condition with factory lockbox, smooth operating handles, clean marine ply floor, and minimal transit markings. 25+ year operational lifespan.
• Cargo Worthy (CW): Structurally sound, watertight, vermin-proof, and certified or certifiable under International Convention for Safe Containers (CSC) standards for international shipping or rail. Features paint fading, scratches, and minor dents consistent with maritime service.
• Wind & Water Tight (WWT): Decommissioned from sea rotation. Guaranteed vermin-proof, light-leak-free, and watertight for static storage. Displays exterior surface oxidation, patina, minor dents, and decommissioned shipping line logos.

Depot Yard Inspection Right: Photographs provided in digital quotations are representative examples of the specified grade. Because each used container possesses unique markings, we encourage all Customers to inspect their designated units in person at our Port Macquarie depot (1 Uralla Rd) prior to dispatch.

Where the Customer contracts Horizon Retailers Pty Ltd to perform modifications (including but not limited to the installation of personal access doors, sliding windows, security shutters, whirlybird vents, insulation, electrical fit-outs, or structural cutting):

• Design Approval: Works will proceed only upon the Customer's written sign-off of our modification scope of works and layout specification diagram.
• Variation Requests: Any changes or additions requested after fabrication has commenced must be agreed upon in writing and will be subject to supplementary variation quotes and amended delivery schedules.
• Non-Refundable Status: Because bespoke modifications are tailored specifically to Customer specifications, all deposits paid for custom work are strictly non-refundable once cutting, structural steel welding, or material ordering has commenced.

Transfer of Risk: Risk of loss, damage, or deterioration in respect of the Goods passes entirely to the Customer immediately upon:

• The container being set down onto the Customer's nominated site by the transport carrier; OR
• The container being loaded onto the Customer's own vehicle or nominated third-party contractor's trailer at our Port Macquarie depot.

Retention of Title: Ownership and title in the Goods remains exclusively with Horizon Retailers Pty Ltd and does not pass to the Customer until all monies owing under the invoice have been received in full and cleared into our bank account.

Personal Property Securities Act 2009 (Cth) (PPSA): The Customer acknowledges that these Terms constitute a Security Agreement for the purposes of the PPSA, granting Horizon Retailers Pty Ltd a Purchase Money Security Interest (PMSI) in all Goods supplied until full payment is satisfied.

Standard Unmodified Containers: If the Customer requests cancellation of an order for standard stock containers after payment has been processed but prior to vehicle dispatch from our depot, a cancellation fee of 10% of the container purchase price will apply to cover depot handling, crane repositioning, and administrative processing. The remaining balance will be refunded.

Post-Dispatch Cancellations: Once transport vehicles have been dispatched, orders cannot be cancelled. If the Customer refuses delivery on site for reasons unrelated to non-conformance with grade specifications, the Customer is liable for 100% of two-way freight charges plus a 15% restocking fee.

Delivery Inspection Protocol: The Customer or their authorized representative must be present at delivery to visually inspect the container exterior and door operation. In the unlikely event the container does not match the purchased grading standard (e.g. presence of light leaks in a certified WWT container), notification must be documented on the driver's consignment note and submitted in writing to our office within twenty-four (24) hours of delivery.

Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law, set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

If you are a "Consumer" under the ACL, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms and Conditions operates to exclude, restrict, or modify any statutory condition, warranty, guarantee, right, or remedy conferred on the Customer by the Australian Consumer Law which cannot lawfully be excluded.

To the maximum extent permitted by Australian law, Horizon Retailers Pty Ltd's total aggregate liability arising out of or in connection with the supply of Goods and Services—whether founded in contract, tort (including negligence), breach of statute, or otherwise—is strictly limited to:

• The replacement of the Goods or the supply of equivalent Goods;
• The repair of the Goods; OR
• The refund of the purchase price paid for the specific Goods giving rise to the claim.

Under no circumstances will Horizon Retailers Pty Ltd be liable for indirect, incidental, special, or consequential loss, loss of profits, loss of business revenue, loss of opportunity, or damage to underground services (pipes, cables, septic tanks) caused by heavy delivery vehicles on private property.

Force Majeure: We shall not be held liable for failure or delay in delivering Goods where such failure arises from causes beyond our reasonable control, including but not limited to severe weather events, flooding, bushfires, state highway closures, maritime port congestion, strikes, acts of government, or civil emergencies.

The Customer acknowledges that regulations regarding the positioning, visual impact, and setback of shipping containers on private or commercial properties vary significantly between Local Government Areas (LGAs) and zoning classifications.

These Terms and Conditions and every Contract formed hereunder are governed exclusively by the laws in force in the State of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the federal courts of the Commonwealth of Australia.

Any formal legal notice, claim, or communication required under these Terms must be served in writing and addressed to our registered operational depot: