This document sets out the warranty Keaton Mills Modular, a sole trader (ABN 12 482 409 883)(“KMM”), provides to customers in connection with the supply of our modular buildings — including Class 1a homes, expandable dwellings, site offices, lunchrooms, ablution units and acoustic booths (each, a “Building”).
It is in addition to, and does not replace, the consumer guarantees and other rights you have under the Australian Consumer Law, set out in Schedule 2 of the Competition and Consumer Act 2010(Cth) (“ACL”).
Where this warranty is more favourable than the ACL on a particular point, we apply this warranty. Where the ACL is more favourable, the ACL prevails. Nothing in this document excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.
1Definitions
| Term | Meaning |
|---|---|
| Building | The modular building (and any factory-fitted inclusions) supplied by KMM under a Contract of Sale. |
| Contract of Sale | The signed agreement between you and KMM for the supply of the Building. |
| Defect | A failure to meet the express terms of this warranty or the consumer guarantees in the ACL, arising from a manufacturing fault and not from one of the exclusions in section 5. |
| Handover Date | The date KMM completes on-site installation and provides you with the keys, the handover documents and (for Class 1a Buildings) the Certificate of Classification. |
| Major Failure | A failure as defined in section 260 of the ACL — broadly, a failure that a reasonable consumer would not have accepted had they known about it. |
| Structural Envelope | The galvanised steel chassis, primary frame, wall and roof framing, hinge mechanism and panel-to-frame fixings. |
| Fittings & Fixtures | Internal items including plumbing fixtures, electrical fitout, joinery, cabinetry, internal doors, hardware, paint, glazing seals and KMM-supplied appliances. |
2Who this warranty covers
This warranty is provided to the original purchaser identified in the Contract of Sale.
If you sell the Building (or the land on which the Building is installed) during the warranty period, the remaining warranty may be transferred to the new owner provided that:
- you notify us in writing within thirty days of settlement;
- you provide the new owner's contact details and a copy of the original handover documents;
- the Building has not been relocated since handover (unless we have approved the relocation in writing — see section 7);
- any outstanding amounts owed to us have been paid in full.
Transfer does not extend the warranty period. The new owner steps into the same warranty position you held, with the remaining time unchanged.
3Warranty periods
The warranty periods run from the Handover Date.
| Component | Period | Coverage |
|---|---|---|
| Structural Envelope | 10 years | Steel chassis, primary frame, structural welds, hinge mechanism, panel-to-frame fixings, weather-tight integrity of the wall and roof envelope. |
| Fittings & Fixtures | 12 months | Internal plumbing, electrical fitout, glazing seals, joinery and cabinetry hardware, internal doors, paint finishes. |
| KMM-supplied appliances | Manufacturer's warranty | As specified by the appliance manufacturer. Your statutory rights under the ACL apply in addition. |
| Workmanship of on-site installation | 12 months | Levelling, sealing, plumbing connection, electrical connection and final commissioning performed by our installation crew. |
4What we cover
During the relevant warranty period, we will repair, replace or refund (at our discretion, subject to your rights under the ACL) any item that is defective in materials or workmanship — including:
- structural failure or significant deformation of the steel chassis, frame or welds;
- failure of the folding or expanding mechanism arising under normal use;
- detachment, delamination or significant deformation of wall, floor or roof panels;
- failure of the weather-tight envelope to keep the interior dry under normal conditions (subject to the exclusions in section 5);
- manufacturing defect in supplied windows, doors and seals;
- manufacturing defect in supplied joinery and cabinetry;
- electrical fitout defects — switchboard, circuits, GPOs, light fittings — installed by KMM and certified in accordance with AS/NZS 3000;
- plumbing fitout defects — PEX, drainage, tapware — installed by KMM in accordance with AS/NZS 3500;
- KMM-supplied appliances, in accordance with the manufacturer's warranty terms.
5What we do not cover
This warranty does not cover damage or failure caused by, or arising from:
5.1Misuse or alteration
- misuse, abuse, alteration or unauthorised modification of the Building;
- failure to follow the Operations Manual provided at handover;
- repairs, modifications or installations performed by anyone other than KMM or a contractor authorised in writing by KMM;
- operation outside the design parameters of the Building (for example, loading floor or roof beyond the specified design load).
5.2Site conditions and footings
- damage caused by settlement, subsidence or movement of footings, unless KMM supplied and installed the footings;
- damage caused by inadequate site preparation by the customer or the customer's contractors;
- damage caused by inadequate site drainage, runoff or pooling water on or under the Building;
- damage caused by site flooding, where the site is not adequately drained or protected.
5.3Weather and acts of nature
- damage caused by weather events exceeding the design rating of the Building (for example, wind speeds above the rated AS 1170.2 wind category);
- damage caused by bushfire, where the Building is installed in a bushfire-attack-level zone above its certified rating;
- damage caused by flood, earthquake, cyclone, hail or other event of nature outside the design parameters;
- damage caused by pest infestation, including termites, vermin, rodents and birds.
5.4Wear, tear and cosmetic items
- normal wear and tear of internal surfaces and consumables;
- cosmetic marks, minor variations in colour or finish, and fading from UV exposure;
- routine maintenance items (for example, re-sealing wet areas, replacing rubber door seals, repainting external surfaces);
- consumables such as light bulbs, batteries, air-conditioner filters and tap aerators.
5.5Third-party items
- items added or installed by third parties after handover, including without limitation furniture, decking, carports and landscaping;
- damage caused by the failure of a service supplied by a third party — water, sewer, electricity, gas, telecommunications;
- damage caused by accident, vandalism, theft or war;
- loss of or damage to personal contents inside the Building.
6How to make a claim
If you believe the Building has a Defect, please follow the process below.
6.1Mitigate the loss
Take reasonable steps to mitigate or prevent further damage. For example, stop water reaching internal areas, turn off the relevant utility, or evacuate if there is a safety risk. Do not commence permanent repairs before contacting us.
6.2Notify us
Contact us as soon as practicable after you become aware of the issue:
- Phone: 0410 112 685
- Email: sales@keatonmills.com with subject “Warranty claim”
Please include:
- your name and the contract or invoice number;
- the site address;
- a description of the issue, when you first noticed it, and any contributing context;
- photos or short video clips of the affected area;
- a contact phone number and a window in which we can call.
6.3Triage and assessment
We aim to:
- acknowledge your claim within one business day;
- complete an initial triage and provide a written assessment within five business days;
- arrange a physical inspection where required, typically within fifteen business days.
If the matter is urgent (for example, water ingress into electrical infrastructure or a safety risk), we will treat it as a priority and respond on the same business day.
6.4Resolution
If the issue is covered, we will repair, replace or refund as set out in section 4. Where repair is the chosen remedy, we co-ordinate trades and parts at no cost to you. Where access requires you to vacate the Building, we will discuss reasonable arrangements.
If the issue is not covered, we will explain why in writing and tell you what (if any) remedy is available outside the warranty (for example, a paid repair quote).
7Relocation of the Building
The Building is engineered for installation at a specific site. Relocating the Building after handover can void the structural warranty unless:
- you have obtained our written approval in advance;
- the relocation is performed by us, or by a contractor we have approved in writing;
- the new site footings, site preparation and council compliance meet the same standards as the original.
Where these conditions are satisfied, the structural warranty continues; otherwise, only the items unaffected by the relocation remain warranted (and we will tell you in writing which those are).
8Australian Consumer Law
The benefits given to you by this warranty are in addition to other rights and remedies you have under the law in relation to the goods to which this warranty relates.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service you are entitled to:
- cancel your service contract with us; and
- a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or service does not amount to a major failure you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
9Limitation of liability
To the maximum extent permitted by law, and subject to your rights under the ACL:
- our liability under this warranty is limited, at our option, to the repair, replacement, or refund of the relevant component;
- we are not liable for indirect or consequential loss, including loss of profit, loss of revenue, loss of use, loss of opportunity, or loss of business interruption insurance excess;
- our aggregate liability under this warranty in respect of any one Building is limited to the contract price paid for that Building.
Nothing in this section limits any liability we owe to you for personal injury or death caused by our negligence, or for any other liability that cannot lawfully be excluded.
10Dispute escalation
If we cannot resolve a warranty claim to your satisfaction, you may escalate the dispute through any of the following channels.
- Internal escalation — write to the Managing Director at sales@keatonmills.com with subject “Escalation”. We will respond within ten business days.
- QBCC (Queensland) — Queensland Building and Construction Commission, qbcc.qld.gov.au, 139 333.
- Equivalent state body — for builds in other states, the equivalent state building regulator (Fair Trading NSW, Consumer Affairs VIC, etc.).
- ACCC — for issues involving consumer-guarantee compliance, accc.gov.au, 1300 302 502.
None of these channels affect your right to bring proceedings in a court of competent jurisdiction.
11Warranty contact
Warranty enquiries and claims should be directed to:
Keaton Mills Modular
Warranty Team
ABN 12 482 409 883
Email: sales@keatonmills.com
Phone: 0410 112 685
Hours: Mon–Fri 8am–5pm AEST
See also our Terms & Conditions and Privacy Policy.