Terms and Conditions

1.  DEFINITIONS

2.  ACCEPTANCE

2.1.   The Lessee confirms that by leasing and taking possession of a Cabin through Happy Harry Homes they are subject to these Terms and Conditions and have wholly accepted them.

2.2.   These Terms and Conditions may only be altered with the Lessor and Lessee agreeing and providing consent in writing.

2.3.   The Lease period will commence on the first day of Delivery of the Cabin and finish on either the end of the Minimum Lease Period, or if the lease has been extended past this date, the executed pickup day following the 30-day notice period given by the Lessee. 

2.4.   The Lessor and Lessee confirm that electronic signatures provided during the application process (confirming acceptance of the Terms and Conditions of an approved contract) are binding, providing both parties have complied with Section 22 of the Electronic Transactions Act 2002.

3.  THE CABIN

3.1.   The Lessee agrees to only use the Cabin for reasonably suitable purposes and will ensure the following, including but not limited to, actions will not occur;

3.1.1.  Attempt to move the Cabin;

3.1.2.  Smoke cigarette or any illegal substance in the Cabin;

3.1.3.  Allow animals to live in the Cabin;

3.1.4.  Store any dangerous or flammable goods inside or under the Cabin (paint tins, gas bottles etc.);

3.1.5.  Attempt to modify the structure or appearance of the Cabin in any manner (including painting, use of nails to hang pictures etc.);

3.1.6.  Attempt to repair or provide maintenance to the Cabin in any manner;

3.1.7.  Use the Cabin for any purpose that is deemed unlawful;

3.1.8.  Cook by element or open flame within or close to the Cabin;

3.2.   Prior to Delivery the Lessor will inspect, take suitable photographs and then a Cabin Condition Report will be created. This report is available to the Lessee on request. In the event the Lessee notices issues with the Cabin following delivery, they have 3 days to inform the Lessor of any issues.

3.3.   The Lessee agrees to return the Cabin in good condition throughout. The Lessor recognizes that will be fair wear and tear in the day to day use of the Cabin. In the event the Cabin is returned and requires repairs, the Lessee’s Bond will first be used to cover these costs. If the costs exceed the Bond value, then the Lessee will be required to pay the outstanding balance direct to the Lessor.

3.4.   The Lessee is responsible for the repair of any damage to the Cabin. Examples of damage include, but are not limited to;

3.4.1.  Windows/Joinery that are chipped, broken or cracked;

3.4.2.  Any damage to light fittings, electrical points, surge protectors, power cords, flooring, doors, walls or window frames.

3.4.3.  Dents, scratches or imperfections to the interior or exterior of the Cabin.

3.4.4.   Rips, Tears and Scuffs to flooring

3.4.5.  Mould and rips to Curtains/Roller Blinds. 

3.4.6.  Damage to Cabin Accessories provided with Cabin

3.5.   The Lessee must immediately notify Happy Harry Homes of any issue, accident or item requiring repair during the lease term of the Cabin or Cabin accessories.

3.6.   If during the term of the Lease Agreement the Cabin is damaged or in poor condition, the Lessee will be liable for the cost of bringing the Cabin back to the condition noted in the Cabin Condition Report. The Lessee’s bond will not cover these costs.

3.7.   The Lessee agrees that the Cabin is not intended for long-term or permanent use. If the Lessee intends to use the Cabin for this purpose, the Lessee must, at the Lessee’s cost, investigate the need for any necessary Council consents.

3.8.   The Lessee agrees that in the event the Cabin is damaged on return and unable to be re-leased within 3 working days then the Lessee may be charged the ongoing lease costs for up to a maximum of 28 days following the return day of the Cabin.

4.  DELIVERY & PICK UP PROCESS AND ACCESSIBLITY

4.1.   Happy Harry Homes agree to remove the Cabin within 10 working days following the end date of the Lessee’s Lease Agreement or Extended Lease Term.

4.2.   The Lessee grants permission for the Lessor and its representatives to enter the site and remove the Cabin including all accessories supplied by the Lessor.

4.3.   The Lessee agrees that, if they are unable to be present at Delivery, the Lessor’s completed Cabin Condition Report will be proof of Delivery.

4.4.   If the Lessee, on the initial delivery is not available or does not make the site ready for Delivery, then the Lessor reserves the right to charge the Lessee any additional delivery fees incurred.

4.5.   The Lessee must ensure Happy Harry Homes has suitable access to the Site.

4.6.   In the event of a delay in Delivery, Happy Harry Homes will not be liable (consequential or otherwise) for any loss incurred by the Lessee.

4.7.   On delivery Happy Harry Homes will supply the Lessee with one (1) key to the Cabin. The Lessee will pay the Lessor associated costs if not returned.

4.8.   The Lessee agrees not to change any lock on the Cabin without obtaining written consent from a representative of Happy Harry Homes.

4.9.   The Lessee grants Happy Harry Homes and any of its representatives the right to inspect the Cabin with 24 hours written notice (including by text, email or social media message).

4.10. In the case of an Emergency (non-contact, noticeable damage, non-payment) no notice is required by the Lessor to gain access to the site.

5.  LEASE OBLIGATIONS AND PAYMENTS

5.1.   The Lessor reserves the right to change the Rent value at the end of the initial Lease Agreement.

5.2.   The Lessee will receive 10 working days’ notice in writing of any increase or decrease in rent amount due.

5.3.   The Lessee agrees to make payment by automatic payment to Happy Harry Homes’ nominated bank account on or before the due date and on the payment cycle agreed.

5.4.   Approved WINZ Redirection payments are required to be made by redirection from WINZ on/or before delivery to ensure agreed delivery times are met.

5.5.   Happy Harry Homes reserves the right to charge the Lessee default interest at a rate of 14.5% per annum or a prorated rate of any outstanding amount seven (7) days following the due date.

5.6.   The Lessee agrees to pay any unforeseeable additional delivery or removal charges.

5.7.   The Lessee agrees to make full payment for the Rent, Bond and Delivery Fee prior to Delivery of the Cabin.

5.8.   A Bond payment is required prior to Delivery of the Cabin. If the Cabin is received back from the Lessee at the end of the Lease Agreement in a clean, presentable condition then the full value of the Bond will be refunded to the Lessee. If the Cabin requires remedial attention (damage or poor condition deemed to be outside of normal wear and tear) then any costs incurred by Happy Harry Homes to bring the Cabin to an acceptable condition will be deducted from the remaining Bond first.

5.9.   If the Cabin is returned to Happy Harry Homes in an acceptable condition, but there are costs outstanding (unpaid rent, return delivery costs etc.) then these costs will be taken from the Bond provided.

5.10. The Bond will be refunded within 15 working days of the return of the Cabin assuming there are no costs to be deducted from the Bond.

5.11. The Lessee accepts liability for all costs of collection, repossession and debt collection plus all expenses and legal costs incurred by Happy Harry Homes.

5.12. Happy Harry Homes reserves the right to charge and the Lessee agrees to the following collection fees in the event of an outstanding balance or attempted recovery of the Cabin as per the Lease Agreement;

5.12.1.           $15.00 per email/letter

5.12.2.           $6.00 per phone call/text message

5.12.3.           $185.00 for each individual site visits. If the Cabin location is greater than 25 km from the Happy Harry Homes Office then the Lessee agrees to pay $0.95 cents per kilometre of travel

5.13. The Lease is for the term outlined on the Lease Agreement. At the expiry of the Lease Agreement, if Happy Harry Homes agrees for you to retain possession of the Cabin, the lease of the Cabin shall;

5.13.1.           Convert to a month-to-month agreement in perpetuity;

5.13.2.           Retain all the Terms and Conditions in the initial Lease Agreement

5.13.3.           Require 30 days’ notice by the Lessee to end the lease

6.  INSURANCE

6.1.   Following the Delivery of the Cabin to site all risk will pass to the Lessee. The Lessee agrees to have in place full replacement value insurance for the Cabin.

6.2.   The Lessee indemnifies Happy Harry Homes against all claims, losses, liabilities that arise during the term of the Lease Agreement due to any action or inaction by the Lessee (stolen, lost, fire damage or general damage) during the term of the Lease Agreement irrespective of whether an insurance claim by the Lessee or Lessor is successful.

6.3.   If Happy Harry Homes is required to claim on its insurance due to damage, loss or liability the Lessee agrees to pay the insurance excess up to $5,000.

7.  OWNERSHIP RIGHTS OF THE CABIN

7.1.   The Lessee agrees that the Cabin at all times remains the property of Happy Harry Homes.

7.2.   The Lessee agrees they hold the Cabin as “Bailee” and Happy Harry Homes holds the right to request immediate return of the Cabin.

7.3.   The Lessee agrees at no time during the Lease Agreement or possession of the Cabin will they;

7.3.1.  Sublease, sell, mortgage, transfer or in any way impact the rights of Happy Harry Homes as owner of the Cabin;

7.3.2.  Assign the rights of the Lease Agreement under this Agreement without the written approval of Happy Harry Homes;

7.3.3.  Provide or offer any security interest over the Cabin to any party other than Happy Harry Homes.

7.4.   If the Lessee unlawfully sells the Cabin, all proceeds of the sale are deemed to be held in trust for Happy Harry Homes.

7.5.   Happy Harry Homes shall have the right to trace the proceeds of any such illegal sale.

8.  LIABLITY & INDEMNITY

8.1.   Any breach by Happy Harry Homes of the obligations under the Terms and Conditions shall not in any event exceed an amount invoiced by Happy Harry Homes for the Cabin.

8.2.   Happy Harry homes shall not be liable to the Lessee or its representatives for any injury, damage or loss of any kind whatsoever.

8.3.   The Lessee agrees to indemnify Happy Harry Homes against all liabilities, costs, expenses, damages and losses (including any direct, indirect, or consequential losses) for any breach of this Agreement.

8.4.   The Lessee indemnifies the Lessor for all costs against any action taken against Happy Harry Homes with relation to permits or consents.

9.  PRIVACY ACT 2020 AND CONSUMER GUARANTEES ACT

9.1.   With relation to the Privacy Act 2020, Happy Harry Homes will collect and use personal information from the Lessee for the purpose of leasing the Cabin to the Lessee.

9.2.   Happy Harry Homes will take all reasonable precautions to protect the Lessee’s personal information and will use it for proper purposes.

9.3.   The Lessee acknowledges that their personal information provided may be disclosed to credit reporting and debt collection agencies as outlined in clause 10.2 and 11.2. Data may also be shared to related companies in the process of promoting our products and services.

9.4.   At any stage, the Lessee has the right to access and correct their personal information.

9.5.   Happy Harry Homes confirms that no part of this agreement is intended to exclude the Lessor from their obligations relating to the Consumer Guarantees Act 1993.

10.             LEASE AGREEMENT TERMINATION, DEFAULT & REPOSSESSION

10.1. The Lessor reserves the right to cancel the Lease Agreement at any stage if they believe the Lessee in unable to meet the ongoing repayments, the Cabin is at risk or third party may attempt to remove or take possession of the Cabin on the site.

10.2. The Lessor, at its discretion, may appoint third party debt collection agencies to collect the outstanding balances due.

10.3. Happy Harry Homes deems a “Default Event” as one or more of the following;

10.3.1.           The Lessee enters a No Asset Procedure (NAP) is deemed insolvent or is adjudged bankrupt

10.3.2.           A receiver, liquidator, official assignee or statutory manager of the Lessee’s assets is appointed;

10.3.3.           The Lessee enters a Hardship agreement with creditors or proposes an agreement with creditors;

10.3.4.           Any other event which in the sole discretion of Happy Harry Homes raises concern as to the ongoing timely payment of the Lessee’s Lease Agreement or debts.

10.4. If a Default Event occurs, Happy Harry Homes may;

10.4.1.           Require any outstanding balance to be cleared plus payment in advance of a projected term at the discretion of Happy Harry Homes.

10.4.2.           Immediate terminate this Agreement and take possession of the Cabin. Termination and possession of the Cabin by Happy Harry Homes does not release the Lessee from any liability or breach of the provisions in the Lease Agreement.

10.5. Following termination of this agreement, the Lessee grants Happy Harry Homes and its representatives the right to enter the Lessee’s Site, without notice and without liability whatsoever, to inspect and repossess the Cabin.

10.6. Following termination of a lease (due to meeting the Default Event conditions), Happy Harry Homes reserves the right to demand immediate payment of all outstanding costs, including but not limited to;

10.6.1.           Contractor and reasonable Happy Harry Homes costs to repossess the Cabin;

10.6.2.           Unpaid lease payments due to termination on the lease;

10.6.3.           All rental arrears plus any other money due and payable as agreed in the Lease Agreement

10.6.4.           Any Default interest outstanding to Happy Harry Homes

10.6.5.           Windows/Joinery that are chipped, broken or cracked

10.6.6.           Any damage to light fittings, electrical points, flooring, doors, walls, windows, joinery, curtains or accessories provided.

10.6.7.           Dents, scratches or imperfections to the interior or exterior of the Cabin.

10.6.8.           Any further costs and expenses incurred by Happy Harry Homes in enforcing this Agreement.

10.7. The Lessor has the right to assign the debt to third parties at its discretion.

11.             CREDIT ENQUIRES

11.1. At no stage will Happy Harry Homes on-sell any information provided by the Lessee to third parties for marketing purposes.

11.2. The Lessee authorises Happy Harry Homes to collect, retain and use information received from the Lessee and share it with Credit Reporting Agencies and Debt Collection Agencies if required.

11.3. The Lessee authorise Happy Harry Homes at the commencement and during the lease to make enquiries from third parties regarding the Lessee’s credit worthiness.

12.             PERSONAL PROPERTY SECURITIES ACT 1999 (“PPSA”)

12.1. Where the Term of the lease is for 6 months or longer, the Lessee grants a security interest in favour of the of Happy Harry Homes.

12.2. The Lessee agrees to provide all information necessary for Happy Harry Homes to register a financing statement to enforce its security interest on Personal Property Securities Register at any stage during the term of the lease of the Cabin.

12.3. Happy Harry Homes will discharge the financing statement no later than 20 working days after the following;

12.3.1.           Happy Harry Homes has successfully collected the Cabin and it is agreed to be in an acceptable condition

12.3.2.           No outstanding payments are due on the Lease Agreement.

13.             INTELLECTUAL PROPERTY

13.1. The Lessee and its representative recognise that all marketing materials, Happy Harry Homes logo’s and trademarks, documentation, Cabin design and specifications are the sole property of Happy Harry Homes Limited.

13.2. Unless the Lessee receives written confirmation first from Happy Harry Homes, no right or licence is granted to the Lessee to use any of the Intellectual Property owned by Happy Harry Homes.

14.             MISCELLANEOUS

14.1. The Lessee agrees to accept receipt of documentation (contracts, changes to disclosure, court documents etc.) from Happy Harry Homes to the email address provided.

14.2. The Lessor at any stage of the Lease Agreement my licence, transfer a part or all of its rights and obligations without requiring the Lessee’s consent.