CABIN SUPPLY AGREEMENT

This Agreement is made on this _____ day of ……’ 20__ between Big Tiny Homes Pty. Ltd.
(hereinafter BTHPL), a company registered under the _______________and having its
registered office at [ ] hereinafter called the “Seller” (which expression shall unless
excluded by or repugnant to the subject or context, include its legal representatives, successors
and permitted assigns) of the first part,
AND
[___________], a company registered under the _______________ its registered office
at___________] hereinafter called the “Purchaser” (which term shall unless excluded or
repugnant to the subject or context include its legal representatives, successors and permitted
assigns) of the second part

WHEREAS

The Seller, BTHPL is a builder, supplier, and distributor of custom-made trailer cabins.

Purchaser has requested the Seller to build cabins as per the specification provided by the Seller
to the Purchaser and the Seller has agreed to make such supplies on the terms and conditions set
out hereafter.

Now, therefore, in consideration of the agreement and covenants hereafter set forth and intending
to be legally enforceable, the Seller and the Purchaser (each individually a Party hereto and
collectively the Parties) hereby covenant and agree as follows:

1. DEFINITIONS AND INTERPRETATION

1.1 “Delivery Date” means the date for completion of the Cabins set out in Clause 2 of the
agreement.
1.2 “Completion” means that Cabin is reasonably suited for occupation, and the
Inspection Checklist in Annexure A has been signed and dated.
1.3 “Price per Cabin” means the amount referred to in Clause 2 of the agreement.
1.4 “Total Purchase Price” means the amount arrived by multiplying the price per cabin
with the number of cabins.
1.5 “Specifications” means the design and layout of the Cabin as set out in the Plans
attached as per Annexures B and C.
1.6 “Cabin” means the mobile cabin to be constructed on a trailer in accordance with the
Specifications.

2. SUPPLY OF PRODUCT

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 2.1 During the term of the Agreement, BTHPL hereby agrees to construct a trailer cabin
as per specifications and price set out in this agreement and sell it to the “Purchaser”

2.2 The date the cabin reaches Full Completion and is ready to be delivered to the
address(es) requested by “The Purchaser” by ____________(Delivery Date).

3. PRICE OF PRODUCT

3.1 The Price per cabin shall be ____________Australian Dollar. (Including GST)

3.2 “The Purchaser” agrees to pay BTHPL the Total Purchase Price comprising the sum
of the Price for the Cabin at $00,000.00 (including GST).

3.3 Funds are to be deposited as per methods agreed by the Parties.

3.4 The Purchaser shall make the payments in the following tranches:

At the time of Signing of the Contract 25%

Trailer Completion 25%
Frame and Lock Up Completion 25%
At the time of Delivery 25%

3.5 BTHPL shall raise an invoice at each stage of completion. Payments shall be made on
the date specified in the invoice, non-payment by the specified date attracts a penalty
of 15% per annum on the invoice amount.  

3.6 The Purchaser is responsible for paying for any variations or specifications advised
after the commencement of the agreement, and this cost variation is separate from the
Cabin Price.

4. COMPLETION OF PRODUCTS

4.1 The cabin’s title shall be passed on to the Purchaser after completion of payments. In
case of any delay at the completion of cabins, BTHPL shall notify the Purchaser.

4.2 The Cabins shall pass the specifications in the checklist mentioned in Annexure A.

4.3 All risks related to the cabin pass on to the Purchaser on the collection of the cabin
from the premises of BTHPL by the Purchaser or its agents.

4.4 When any cabin has not reached Full Completion after one month after the Delivery
Date, "The Purchaser" has the right to take ownership and title to those cabins after
paying all the outstanding costs for labour and material. BTHPL shall duly supply the
invoices to the Purchaser for the same.

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 5. EXTENSION OF TIME

5.1 BTHPL is entitled to a reasonable extension of the Delivery Date if the works are
delayed by a cause beyond the sole control of BTHPL.

5.2 BTHPL shall notify the Purchaser via written notice of entitlement to an extension of
time detailing the circumstances for the extension.

6. PAYMENT AND VARIATIONS

6.1 Any modifications or alterations to this agreement shall require the consent of the
parties hereto in writing. Any modifications in any of the provisions in absence of
such consent shall not be considered as having been made.

6.2 The Purchaser shall pay an extra amount for any modifications to the specifications.

6.3 Payment shall be done within 15 days of signing a variation.

7. TERMINATIONS

7.1 This Agreement shall remain effective beginning the date signed by the Parties hereto
and shall remain in effect for a period of one year or until terminated by any of the
parties hereto, in a form of a written notice.

7.2 Both Parties have the option for Terminating the Contract in case of a material breach
of contract by giving 15 days’ Notice. The party in breach shall remedy the breach
within 10 days of receiving notice, or the Agreement shall be terminated.

8. WARRANTY

8.1 BTHPL warrants that the products sold and delivered to “The Purchaser”
conforms to the specifications as well as the technical and quality standard
required, and are free from defects. BTHPL shall pass on “The Purchaser” any
manufacturers’ warranty regarding any material or appliances installed in the
Cabins.

8.2 BTHPL provides a warranty for its workmanship for the period of twelve (12)
months from completion. BTHPL provides a warranty for electrical work and
plumbing and gas installation for the twelve (12) month period from completion.
The trailer carries a warranty of twelve (12) months from completion and covers
structural parts, axles and electric brakes. The such product shall be replaced by
the Supplier within 30 days from the date of notice to BTHPL of such damage,
or repair the products without additional cost to the Purchaser, if repairable.
Otherwise, reimburse the company for the cost of the products found to be
defective or damaged.

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 8.3 If the warranty claim refers to an appliance, BTHPL shall arrange for the
replacement part to be delivered to an address specified by “The Purchaser”, and
“The Purchaser” shall be responsible for paying for the labour costs associated with
fitting the replacement part.

9. FORCE MAJEURE

9.1 BTHPL shall not be held responsible for any delay or failure to perform any part of
this Agreement to the extent such delay or failure results from any cause beyond its
reasonable control and without the fault or negligence of the party claiming excusable
delay or failure to perform, such as acts of god, territory or political subdivision
thereof, fires, storms, floods, epidemics, riots, work stoppages, strikes (work
stoppages and/or strikes of any of the parties to this Agreement are specifically
excluded from the language of this section), embargoes, government restrictions,
adverse weather or events of nature.

10. DISPUTE RESOLUTION

10.1 The parties submit to the exclusive jurisdiction of the courts of Queensland for the
resolution of any disputes arising from this deed.

10.2 A dispute, controversy or claim arising out of, relating to or in connection with this
Agreement, including any question about its existence, validity or termination, shall
be resolved through mediation by the ACICA Mediation Rules.  The mediation will
be conducted in Brisbane, Australia by ACICA, the Australian Centre for
International Commercial Arbitration.

10.2 In case of failure to resolve the dispute via mediation within 60 days, or within the time
agreed by both parties, the dispute shall be settled via Arbitration in accordance with
the ACICA Arbitration Rules. The seat of arbitration shall be Brisbane, Australia. 

11. NOTICE

11.1 Any notice to be given under this Agreement shall be in writing and delivered,
emailed or mailed by prepaid registered mail addressed to the party that the party shall
notify the other Party from time to time. The relevant contact information of the
Parties is as follows:

The Seller:

Full name: Big Tiny Homes Pty. Ltd. /BTHPL

Address:
Contact:
Email:

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 Person of Contact:

The Purchaser:

Full name:
Address:
Contact:
Email:
Attention:

12. MISCELLANEOUS

12.1 This Agreement constitutes the entire Agreement between the parties concerning the
subject matter hereof and the transactions herein contemplated and replaces all
previous Agreements and understandings, if any, between the parties concerning the
subject matter hereof and the transaction contemplated herein.

12.2 This Agreement may be executed in one or more counterparts each of which when so
executed shall be deemed to be an original and such counterparts together shall
constitute but one of the same instruments.

EXECUTED BY THE PARTY IN THE FOLLOWING MANNER:

SIGNED by “The Purchaser”, by its authorised officer

in the presence of:

………………………………….. XXX

“The Purchaser”

……………………………………

Witness

……………………………………

Witness Name

SIGNED by BTHPL by its authorised officer:

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………………………………….. Stephen Parker

(BTHPL Group Pty Ltd)

……………………………………

Witness

……………………………………

Witness Name

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