These terms apply to every purchase from FocusPod for delivery in South Africa, when you accept a complete quote or send a purchase order against an agreed quotation. Please read them before you order. Some parts apply differently depending on whether you are a business customer or a consumer, and those parts say so.
Who we are
FocusPod is the trading name of Focus Pods Australia Pty Ltd, a private company registered in Australia (ACN 690 612 590, ABN 73 690 612 590). In these pages, “FocusPod”, “we”, “us” and “our” mean Focus Pods Australia Pty Ltd.
Company address and address for legal notices: 56 Export Drive, Molendinar QLD 4214, Australia. Email sales@focuspod.co.za.
1. About these terms
Business customer means anyone buying for a business, trade, profession, institution or public body. Consumer means an individual buying mainly for personal or household use.
Your contract with us is made up of our order confirmation (including any quote it refers to), these terms, our changes, cancellations and returns policy and our limited warranty. If they conflict, the order confirmation takes priority, then these terms.
Terms printed on or referred to in your purchase order, supplier registration forms or any other document you send do not apply, even if we accept or sign that document, unless a director of FocusPod agrees to them in writing.
2. Quotes and orders
Configurations, saved designs, carts, share links and enquiries are not orders and do not reserve a price, a production slot or a delivery date.
A quote is valid for 30 days unless it says otherwise. It is based on the information you give us about your pods, site and access. If that information turns out to be incorrect, we may revise the quote before you accept it or, after acceptance, under section 6 or 7.
Accepting a complete quote or sending a purchase order is your offer to buy. We accept your order only when we send you a written order confirmation. If we cannot accept it, we will tell you and refund anything you have paid within 14 days.
If a price or description on our website or in a quote contains an obvious error, we are not bound by it. We will contact you before accepting your order, or as soon as we notice after acceptance, and you can choose to proceed at the correct price or cancel for a full refund.
3. Your specification
Each pod is built to the configuration confirmed in your order: the model, finishes, furniture, options and electrical specification. Please check it carefully before you order. It is your responsibility to make sure the pod suits your space, including its dimensions and clearances, the floor, the access route and the power supply, and that its use complies with the building, fire and workplace rules at your site. We are happy to help you check, but our general guides and planning tools are not a site survey.
Colors on screen and in swatches are a close guide, and natural variation between batches of materials is normal. We may make minor changes to components or materials that do not reduce the quality, performance or dimensions of your pod. We will not make any other change without your agreement.
Acoustic, air quality and ventilation figures are laboratory results measured under standard test conditions. The performance of an installed pod also depends on the surrounding room, installation and use. A pod reduces sound; it does not make conversations inaudible and is not a guarantee of confidentiality.
4. Prices, tax and delivery charges
The price you pay is the price in our order confirmation, in the currency shown there. Where applicable, VAT is itemised in your complete quote and invoice. Review the total before accepting and paying.
Where our order confirmation includes delivery, the price covers delivery to the address and delivery point shown in it, including all freight, import and clearance charges on the goods we supply. You will not be asked to pay anything further on arrival. Additional charges can only arise from changes you ask for or from site conditions that differ from the information you gave us, and only if we tell you about them in writing first.
5. Payment
Payment after quotation: review and accept your complete quote before using the payment instructions issued for that order.
Quotes and purchase orders: you pay as set out in our invoice. Unless we agree otherwise in writing, full payment is due before your order is dispatched, and production starts when we receive payment or, for approved accounts, a valid purchase order. We may offer, change or withdraw credit terms for future orders at our discretion.
Please pay the full invoice amount; bank and transfer charges and any currency conversion costs on your side are your responsibility. If you dispute part of an invoice, tell us in writing within 7 days of receiving it and pay the undisputed part by the due date.
Late payment (business customers): if an invoice is overdue, we may charge interest on the overdue amount at 1.5% per month or at the highest rate the law allows if that is lower; recover our reasonable costs of collecting the debt, including collection agency and legal costs; and suspend delivery, installation and warranty service until the account is paid.
Payment disputes: if you have a concern about a payment, please contact us first. A payment reversal or chargeback does not cancel your order. If an amount is reversed when you are not entitled to a refund under these terms or the law, it remains payable and we may recover it.
6. Delivery
Delivery dates on our website and in quotes are estimates. We confirm your delivery date in writing and will tell you promptly if it changes.
Your part: please give us a complete and accurate delivery address and access details, including parking and loading, door and corridor widths, stairs, lift dimensions and load limits, building booking rules and permitted delivery times, and make sure someone authorized is there to receive the delivery.
If we cannot deliver because the site is not ready, access differs from what you told us, or no one is available to receive it, we will agree a new date with you. We may charge the reasonable extra costs this causes, such as redelivery, storage after 7 days, or extra labor, and we will tell you the amount before charging it. If a business customer does not accept delivery within 60 days of the first delivery date offered, we may invoice the full price, and storage charges continue until delivery.
If we are late: if we have not delivered within 30 days after the confirmed delivery date, for reasons other than your part above or events outside our control, you may cancel the affected pods by writing to us and we will refund what you paid for them within 14 days. Consumers also keep any other rights the law gives them for late delivery.
Checking your delivery: please note any visible damage on the delivery paperwork, and tell us within 7 days of delivery about any damage, missing parts or items that do not match your order, with your order number and photos. Keep the packaging until we have agreed the next step. This helps us fix the problem quickly; it does not reduce a consumer’s legal rights.
Risk of loss or damage passes to you on delivery.
7. Installation
If your order includes installation, our team or our trained contractors assemble your pod in the agreed position and remove the packaging.
Your part: before the installation date, please make sure the position is clear, clean and level; the floor can take the weight of the pod (we give you the weights on request); the access route is clear; a suitable power outlet is available where the specification needs it; and you have any permission you need from your landlord or building manager, plus lift bookings, site inductions and working-hour approvals.
Unless your order confirmation says otherwise, installation does not include building or electrical work, fixing the pod to the building, moving other furniture, carrying components up stairs, cranes or out-of-hours work. If the site is not ready or conditions differ from what you told us, we may reschedule and charge the reasonable extra costs, which we will tell you about before charging.
If you install the pod yourself or use your own installer, please follow our assembly instructions. We are not responsible for damage or faults caused by installation or relocation carried out by others.
At handover, please check the pod with our team. Glass is inspected and signed off at handover.
8. Ownership
You own the goods once we have received full payment for your order. Until then, a business customer holds the goods on our behalf, must keep them in good condition and insured, and must not sell or charge them. If payment is more than 30 days overdue, we may, after giving you written notice, collect the goods, and you allow us reasonable access to your premises to do so.
9. Warranty
Every FocusPod comes with our five-year structural and electrical limited warranty, which sets out what is covered, what is not, and how to make a claim. It is in addition to your legal rights.
10. Changes and cancellations
Because each pod is made to order, how changes and cancellations work depends on whether production has started. The details, including any charges, are in our changes, cancellations and returns policy, which forms part of these terms.
11. Your legal rights
Where the Consumer Protection Act 68 of 2008 applies to your purchase, you have the rights it gives you, including the implied warranty of quality under section 56, and nothing in these terms affects them. Where the Electronic Communications and Transactions Act 25 of 2002 applies, you also have the rights it gives you, including those in section 44 explained in our returns policy.
12. Our responsibility for loss
Consumers: we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable care and skill. We are not responsible for loss that was not foreseeable, or for business losses such as lost profit or interruption.
Business customers: to the extent the law allows, (a) we are not liable for indirect or consequential loss, loss of profit, revenue, business, use or data, or business interruption; (b) we are not liable for loss caused by inaccurate information you gave us, by your site conditions, by installation or relocation carried out by others, or by use contrary to our instructions; and (c) our total liability arising from or in connection with an order is limited to the price paid for that order.
For everyone: nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to limit.
13. Safe use
FocusPod pods are workplace furniture for indoor use in dry, heated or air-conditioned buildings. Please use them in line with our instructions and care guide. Do not block the ventilation, modify the electrical system, remove safety labels, use a pod for sleeping, or leave children unsupervised in a pod. You are responsible for including the pod in your site’s fire, evacuation, accessibility and workplace safety arrangements. The fire information we publish describes the classification of the materials, not a whole-pod fire test.
14. Events outside our control
We are not responsible for delay or failure caused by events beyond our reasonable control, such as severe weather, natural disasters, epidemics, war, industrial action, transport disruption, port congestion or supply shortages. We will tell you as soon as possible and agree a new date with you. If the delay lasts more than 90 days, either of us may cancel the undelivered part of the order by writing to the other, and we will refund what you paid for it within 14 days.
15. Our designs and documents
Our product designs, drawings, specifications, test summaries and documents remain our property. You may use and share them within your organization and with your advisers, approval authorities and procurement panels for your project. Please do not publish or copy them for any other purpose without our written permission.
16. Personal information
We handle personal information as set out in our privacy policy.
17. Resolving problems
If something goes wrong, please contact us first at sales@focuspod.co.za with your order number. We will reply within 5 business days and work with you in good faith to resolve it, normally within 30 days.
If we cannot resolve it, these terms are governed by the laws of the Republic of South Africa, and the courts of the Republic of South Africa have jurisdiction. Consumers may also refer a complaint to the Consumer Goods and Services Ombud or the National Consumer Commission.
18. General
- Whole agreement: your contract with us is made up only of the documents listed in section 1. A business customer agrees that it has not relied on any statement that is not in them, except a fraudulent one.
- Changes to an order must be agreed in writing, including by email.
- If a part of these terms is found unenforceable, the rest still applies.
- If we do not enforce a right straight away, we can still enforce it later.
- Transfer: you may not transfer your rights under an order without our written consent. We may use subcontractors for manufacturing, delivery and installation, and we remain responsible for their work.
- Notices may be given by email to the addresses used for your order.
- Language: these terms are in English, which is the language of the contract.
- Updates: we may update these terms for future orders. The version on this page when we confirm your order is the one that applies to it, and we will send you a copy on request.