Home - Terms & Conditions
These Terms & Conditions apply to all products and services supplied by ToughCover Pacific Pty Ltd (ABN 42 692 404 112) (“ToughCover”, “we”, “us” or “our”).
By placing an order, paying a deposit, accepting a quotation, or purchasing or accepting delivery of Products from ToughCover, the Customer agrees to these Terms & Conditions, subject always to any rights that cannot lawfully be excluded under the Australian Consumer Law.
Products means container shelters, container domes, steel frames, PVC covers, end walls, mounting systems, accessories and related components supplied by ToughCover.
Customer means the person, business or entity purchasing Products or services from ToughCover.
Warranty Policy means ToughCover’s published product warranty applicable to the relevant Product.
• All quotations are valid for 30 days unless otherwise stated.
• An order is confirmed upon receipt of the required deposit or full payment, as agreed at the time of order.
• Product availability and estimated delivery dates are subject to confirmation.
• ToughCover reserves the right to correct genuine pricing, specification or availability errors before an order is accepted.
• Custom, pre-order or made-to-order Products may require extended lead times and are subject to separate confirmation.
• Any Product configuration, accessory, modification or service not expressly included in the quotation is excluded unless otherwise agreed in writing.
• All prices are quoted in Australian Dollars (AUD) and are inclusive or exclusive of GST as stated in the relevant quotation or invoice.
• Freight, unloading, equipment hire, installation, permits, approvals and site-specific engineering are not included unless expressly stated in writing.
• Deposits and payment terms will be specified in the relevant quotation or invoice.
• ToughCover reserves the right to withhold dispatch, collection or installation until all amounts due have been paid.
If the Customer cancels a confirmed order for reasons not attributable to ToughCover:
• Standard in-stock Products: ToughCover may retain a cancellation fee of up to 5% of the order value to cover reasonable administration, handling and costs associated with the cancelled order. Any amount paid above the applicable cancellation fee will be refunded.
• Pre-order Products: where Products have been specifically allocated, ordered or reserved for the Customer, ToughCover may retain a cancellation fee of up to 5% of the order value. Where ToughCover has incurred reasonable non-recoverable costs exceeding that amount specifically in connection with the Customer's order, the Customer may also be responsible for those additional costs, to the extent permitted by law.
• Custom-made or specially ordered Products: cancellation may not be possible once manufacturing, modification or procurement has commenced. Where cancellation is accepted, the Customer will be responsible for reasonable costs already incurred by ToughCover, including manufacturing, materials, modification, freight commitments and other non-recoverable costs.
The above cancellation fees apply to change-of-mind or Customer-initiated cancellations. They do not apply where the Customer has a legal right to cancel the order and receive a refund under the Australian Consumer Law.
Any applicable cancellation conditions that differ from the above will be clearly stated in the quotation before the order is confirmed.
Delivery, unloading, collection and transit procedures are governed by our Shipping & Returns Policy.
Unless otherwise agreed in writing:
· Delivery and arrival dates are estimates and are not guaranteed.
· Risk in the Products passes to the Customer upon delivery to the nominated delivery point or upon collection by the Customer or the Customer's carrier, subject to applicable law.
· The Customer is responsible for ensuring suitable site access and unloading arrangements.
· Additional costs resulting from failed delivery, unsuitable site access or unavailable unloading equipment may be charged to the Customer where applicable.
Planning, building, permit and approval requirements may vary between states, territories, local councils, sites and individual projects. The Customer is responsible for making these enquiries before purchasing or installing the Product.
The Customer is responsible for investigating and confirming all applicable local council, planning, building, permit, zoning and other regulatory requirements for the proposed installation and use of the Product.
ToughCover will, where reasonably available, provide relevant Product information, drawings, specifications and existing engineering documentation to assist the Customer with enquiries or applications.
However, ToughCover does not warrant or guarantee that a Product or proposed installation will be approved, exempt from approval, or accepted by a particular council, building surveyor or other authority.
Any permit, exemption, approval or regulatory determination remains subject to the requirements and decision of the relevant authority.
Unless expressly agreed otherwise in writing, obtaining any required permit, approval, site-specific assessment or certification is the Customer’s responsibility.
Where structural engineering documentation or certification is provided, it applies only to the Product models, configurations, installation methods and design conditions specified in the relevant engineering documentation.
Engineering certification does not mean that a Product is automatically suitable for every site or installation. The Customer is responsible for providing accurate information about the proposed site and intended use and for confirming that the site conditions fall within the applicable engineering parameters for the relevant Product.
Relevant site-specific factors may include:
• wind region and design wind speed;
• terrain category;
• topography and shielding;
• local exposure and weather conditions;
• container type, dimensions, condition and structural integrity;
• foundations, anchoring and supporting structures;
• mounting and connection methods; and
• surrounding buildings, structures and terrain.
The Customer is responsible for ensuring that the proposed Product and installation are suitable for the specific site and intended use.
Where site-specific engineering or professional assessment is required, the Customer must obtain appropriate advice before installation.
Any stated compliance with AS/NZS 1170.2 or other engineering standard is subject to the conditions, assumptions, limitations and installation requirements contained in the engineering documentation applicable to the relevant Product.
ToughCover provides installation instructions and reasonable product support to assist with correct installation.
Where installation is undertaken by the Customer or a third party appointed by the Customer, the Customer is responsible for ensuring that:
• the installation instructions are followed;
• all frame components are correctly assembled;
• bolts, clamps, brackets, mounting points and connections are correctly installed and secured;
• supporting containers or other structures are suitable and structurally sound;
• the PVC cover is correctly fitted and tensioned;
• appropriate equipment and safe working practices are used; and
• the Product is not structurally modified without appropriate assessment or approval.
Unauthorised modification, incorrect installation, unsuitable supporting structures, or use outside the applicable engineering requirements may affect structural performance and warranty coverage.
Where ToughCover provides installation services, the scope of those services will be as stated in the relevant quotation. Unless expressly included in the quotation, ToughCover installation services do not include site preparation, container positioning or levelling, foundation works, electrical works, permits, engineering assessment, or the hire or supply of access equipment, including scissor lifts, boom lifts or other EWPs, unless expressly included in the quotation.
ToughCover Container Shelters are engineered structures and must be installed and used within the design conditions applicable to the relevant model and configuration.
A stated wind region, terrain category or design wind speed does not constitute a guarantee that the Product will be unaffected by every weather event.
The Customer is responsible for ensuring that the site and installation fall within the applicable engineering parameters. Performance depends on the Product being correctly installed and used within those applicable design conditions.
To the extent permitted by law, ToughCover’s additional product warranty does not cover damage resulting from conditions exceeding the applicable certified or specified design parameters, or from extraordinary events including cyclones, tornadoes, severe storms, flooding, fire, impact or ground movement.
The Customer is responsible for reasonable ongoing inspection and maintenance of the Product.
The Product should be inspected periodically and following significant weather events, including inspection of:
• frame components;
• bolts and connections;
• mounting clamps and brackets;
• PVC cover condition and tension;
• anchoring or mounting points; and
• supporting containers or structures.
Loose connections should be tightened and damaged components repaired or replaced promptly.
The Customer should discontinue use and contact ToughCover or an appropriately qualified person if significant structural damage or movement is identified.
Product warranty coverage, registration requirements, exclusions and claims are governed by our Warranty Information & Policy, which forms part of these Terms & Conditions.
To activate ToughCover’s additional product warranty, the Customer must submit the required installation information and photographs within 7 days after installation and, in any event, no later than 30 days after receiving the Product.
Nothing in our Warranty Policy or these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
Delivery procedures, unloading requirements, transit damage, returns and change-of-mind requests are governed by our Shipping & Returns Policy, which forms part of these Terms & Conditions.
Nothing in that policy excludes any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
To the maximum extent permitted by law, ToughCover will not be liable for any indirect, incidental, special or consequential loss arising out of or in connection with the purchase, installation, use, performance or failure of a Product.
This includes, to the extent permitted by law:
• loss of profit or revenue;
• loss of production;
• business interruption or downtime;
• loss of opportunity or contracts;
• loss of use of premises, machinery or equipment;
• costs associated with hiring substitute equipment or facilities; and
• other consequential commercial loss.
Where ToughCover is legally permitted to limit its liability in respect of Products or services, its liability will be limited to the remedies permitted under applicable law, which may include repair, replacement, supply of equivalent Products, re-supply of services, or the reasonable cost of those remedies.
Nothing in this section is intended to limit liability where doing so would be unlawful.
ToughCover may rely on information supplied by the Customer concerning the intended site, containers, dimensions, proposed use and installation conditions.
The Customer is responsible for ensuring that information provided to ToughCover is accurate and complete.
ToughCover is not responsible for loss arising from materially inaccurate or incomplete information supplied by the Customer, except to the extent that liability cannot lawfully be excluded.
The Product must not be structurally modified, extended, altered, mounted using a materially different system or combined with additional structural components without appropriate assessment.
Existing engineering documentation may no longer apply if:
• the Product configuration is changed;
• mounting or supporting structures are changed;
• the Product is relocated to a site with materially different design conditions; or
• unauthorised structural modifications are made.
The Customer should contact ToughCover or an appropriately qualified professional before making material structural changes.
To the extent permitted by law, ToughCover is not responsible for delays or failure to perform obligations caused by circumstances beyond its reasonable control, including:
• shipping or transport disruption;
• port or customs delays;
• supplier or manufacturing delays;
• industrial action;
• natural disasters;
• extreme weather;
• government restrictions; or
• other events beyond ToughCover’s reasonable control.
Where such an event occurs, ToughCover will use reasonable efforts to keep affected Customers informed.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy available under the Australian Consumer Law where doing so would be unlawful.
Any ToughCover manufacturer or product warranty is provided in addition to rights and remedies that may be available under applicable law.
Personal information provided in connection with enquiries, quotations, orders, delivery, installation or warranty registration will be handled in accordance with ToughCover’s Privacy Policy and applicable privacy law.
These Terms & Conditions are governed by the laws of Victoria, Australia.
The parties submit to the jurisdiction of the courts and tribunals having jurisdiction in Victoria, subject to any applicable law requiring otherwise.
ToughCover Pacific Pty Ltd
ABN: 42 692 404 112
Email: info@toughcover.com.au
Phone: 0493 310 211
Last updated: September 2026
