Unless otherwise stipulated, words used in these Terms and Conditions have the following meaning:- “Act” means the​

• Dividing Fences Act 1968 & Fences Amendment Act 2014 (VIC);

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“Agreement” means the Quotation and these Terms and Conditions; 

“Claims” means any present or future, actual or contingent, claim, cause of action, demand, complaint, damages, loss, cost or expense; 

“Client” means the party which engaged the Contractor and who is named as the Client on the Quotation; 

“Client’s Land” means the land occupied by the Client irrespective of whether the land is owned or leased by the Client; 

“Common Boundary” means the boundary between the Client’s Land and the Neighbour’s Land; 

“Contract Price” means the price offered in the Quotation for the Goods and Services; 

“Contractor” means True Oz Fencing, who issued the Quotation and includes any subcontractors and agents engaged to supply the Goods or Services; 

“Dividing Fence” has the meaning given by the Act; 

“Goods” means any material supplied by the Contractor relating to, or connected with, the Services; 

“Neighbour” means the party which owns or occupies, or both, the Neighbour’s Land; 

“Neighbour’s Land” means the land adjoining the Client’s Land; 

“Notice” means a notice issued under the Act to a Neighbour seeking contribution to the costs associated with construction or repair of a Dividing Fence; 

“Quotation” means the quotation document supplied with these terms and conditions, describing the goods or services, or both, which the Contractor has agreed to supply; 

“Services” means the services described in the Quotation; 

“Site” means the place at which the Works are to be carried out as specified in the Quotation;

“Works” means collectively the Goods and Services to be supplied by the Contractor.

2.1. Unless otherwise stated, quotes are valid for ONE month from the date of issue.

2.2. A quote will become a legal agreement when: 

a. The quote is signed and returned OR is confirmed in writing on phone or email AND,

b. The first deposit, which does not exceed 30% of the Contract price, is made by the Client.

3.1. When the Client accepts the quote by confirming through communication methods stated in 2.2.a, a Payment Plan with instructions of how to make payment will be sent to the Client before the first deposit.

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3.2. The Client is  responsible for the payment to the Contractor of the Contract Price for the Works according to the Payment Plan.

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3.3. Upon acceptance of the Quote, at the Contractor’s discretion, a deposit stated in 2.2.b is required prior to any work implementation. This deposit will be used for  material procurement and/or specialist subcontract labour /services and is non-refundable.

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3.4. The Contract Price, or the balance of the Contract Price if a deposit has been paid by the Client, becomes due and payable immediately based on the Payment Plan. 

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3.5. If the Client:-

a. cancels the Agreement

b. repudiates the Agreement; or

c. breaches any of the terms of the Agreement,

prior to the completion of the Works, the Client is to pay to the Contractor the cost of any Goods which the Contractor has purchased for the Works in addition to a proportion of the Contract Price equal to the proportion of Works completed as determined by the Contractor.

3.6. When any money remains due and owing to the Contractor, the Contractor retains title to Goods supplied by the Contractor and upon full payment of the Contract Price, and all other moneys payable to the Contractor by the Client under the Agreement, title of the Goods will pass to the Client.

 

3.7. If there is a late payment, the client has to pay an admin fee of $15 per week.

4.1. The Client is in default of the Agreement if the Client:-

a. fails to pay any sum of money by the date upon which it becomes due and payable;

b. fails to provide reasonable access to the Contractor;

c. fails to observe, and perform, any other obligation under this Agreement;

d. becomes insolvent.

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4.2. The Contractor may, at the Contractor’s sole discretion, immediately terminate this Agreement should the Client default on any term of the Agreement.

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4.3. Upon the Contractor terminating the Agreement, all moneys then payable under the Agreement become due and payable to the Contractor immediately.

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4.4. The Contractor is not obliged to refund any deposit paid by the Client if the Client is in default of the Agreement under clause 4.1 or does any of the things described in clause 3.5 above.

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4.5. The Client agrees to indemnify the Contractor for all costs, including legal costs on a solicitor and own client basis, incurred by the Contractor in, or associated with, enforcing the terms of this Agreement arising as a result of the Client’s default of this Agreement.

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4.6. The Client authorises the Contractor to enter upon the Client’s Land to recover and remove Goods to which the Contractor retains title pursuant to clause 3.6.

5.1. If the Works relate to a Dividing Fence, the Client acknowledges that the Client may seek contribution from the Neighbour for the costs associated with the repair or replacement of the Dividing Fence.

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5.2. The Contractor shall, at the request of the Client, send a Notice to the Neighbour.

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5.3. Despite the Contractor sending a Notice to the Neighbour under clause 5.2, the Neighbour’s failure to make payment in accordance with the Notice does not affect the Client’s liability to the Contractor and the Client will continue to be liable for payment of the Contract Price to the Contractor.

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5.4. The Client hereby indemnifies and will keep the Contractor harmless against any and all Claims which may be made by the Neighbour, or any third party, against the Contractor in respect of Works which relate to a Dividing Fence.

6.1. The Client must supply electricity and water at all times while the Contractor is carrying out the Works.

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6.2. If the Client fails to supply electricity and water pursuant to clause 6.1, the Client will be liable for:-

a. costs of generator hire;

b. costs of water cartage;

c. costs of additional labour engaged by the Contractor; and

d. damages associated with the additional time spent by the Contractor in carrying out the Works as a result of the Client’s breach of clause 6.1.

7.1. The Quotation is based on the Works being carried out on the unobstructed and clear Site.

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7.2. Prior to commencement of the Works, the Client must:-

a. clear any obstructions at the Site; and

b. provide the Contractor with full access to the Site.

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7.3. In the event that the site is obstructed, the Contractor reserves the right to refuse to carry out the Works without penalty to the Contractor.

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7.4. In the event that the Client fails to remove obstructions pursuant to clause 7.2(a) including, without limitation, service facilities, electrical cables, telephone cables, gas pipes, water pipes, stormwater pipes and sewerage pipes, the Client hereby indemnifies the Contractor against any Claims made by any person or authority in respect of any damage sustained to the uncleared obstruction.

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7.5. The Contractor accepts no responsibility for the absence of any concealed, or subterranean, obstructions such as, without limitation, rock, wire, pipes, tree roots, broken posts, foundations, thick or reinforced concrete and the Client agrees to pay to the Contractor the Contractor’s costs of removal of concealed, or subterranean, obstructions, which costs will be in addition to the Contract Price.

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7.6. The Client is liable to remove, or otherwise protect, all plants, ornaments, pipes and other materials at the Site which may be damaged during the Works.

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7.7. The Contractor accepts no responsibility for damage occurring as a result of the Client’s failure to remove, or adequately protect, the Client’s property under clause 7.6.

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7.8. Upon completion of the Works, the Contractor will remove from the site any off-cuts, packaging straps, cement bags or other debris related to the Works.

8.1. Unless otherwise expressly stipulated in the Quotation, the Client is responsible for obtaining any permits required by a local or public authority and supplying the relevant permits to the Contractor.

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8.2. If the Client wishes to continue with the Works with no permit, the Client acknowledges it will be the Client’s responsibility if permit(s) is/are questioned by the authorities.

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8.3. In the event that the Client is unable to obtain, or supply, or both, a permit in accordance with clause 8.1, which permit, in the Contractor’s opinion, is necessary to lawfully complete the Works, the Contractor reserves the right to decline, without penalty, to undertake the Works until the permit is provided to the Contractor.

9.1. Boundaries are to be obtained by the Client before the commencement of works

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9.2. The Client is to ensure pegs are visible and are in the correct position before commencement of construction.

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9.3. If no pegs are visible, the Client is to supply the Contractor with surveyor plans.   

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9.4. For new builds, the Client is to provide the Contractor with site plans to assist the Contractor with boundary lines.

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9.5. The Contractor will accept no claims for construction along or within an incorrect boundary line or area if the clients fail to provide The Contractor with site plans or surveyor plans or ensuring pegs are visible on site. 

10.1.The heights of fences as shown in the Quotation are nominal only.

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10.2. Fences will be constructed from standard production material components which shall result in, as near as is reasonably practicable, the heights nominated in the Quotation.

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10.3. The height of fences will be measured from:-

a. where there is no retaining wall, from ground level; or

b. where the fence is constructed above a retaining wall, from the top of the retaining wall,

to the top of the fence.

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10.4. The heights of the fence may vary depending on the Client's natural ground level.

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10.5. Gaps under fences should be expected. The Contractor will determine the best levels and heights on the day of installation.

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10.6. On the day of installation or days after installation is completed, if the Client wishes to fill in gaps due to group levels, the Client will need to cover additional costs.

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10.7. Colorbond sleepers should not be used as a retaining wall. Warranty will be voided if an onsite inspection has confirmed sleepers have been used as a retaining wall and the sleepers are warping or cracking.

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10.8. It is the Client’s responsibility to consult with their council for allowable front fence height. The Contractor will always encourage visibility when reversing out of driveways.

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10.9. Fences higher than 2100mm high will not be warrantied for wind damages.

11.1. The Contractor, at the Contractor’s sole discretion, will determine the side on which the fence posts are to be installed unless otherwise agreed between the Contractor and the Client.

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11.2. The Contractor will carry out the Works along the existing fence unless:

a. the Client instructs the Contractor to carry out the Works on an alternative line; and

b. where the Works are on a Common Boundary, to construct the fence on the alternative line nominated in clause 11.2(a),  all Neighbours must consent in writing, usually through email or signing a consent form.

c. The consent emails need to include full name, address and quote number.

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11.3. The Contractor is not liable for the time frame of job completion if there is any delay occurring due to changes stated in 11.2.

12.1. All gates will be installed square and hung level and hinged to posts with standard hinging sufficient to clear the existing ground level.

12.2. The Contractor will charge an additional fee to the Client for any non-standard, rake purpose or contour gate.

13.1. If the Works require the Contractor to core holes in rock, brick or concrete, the Contractor may charge the Client for these coring works. The fee will be dependent upon the degree of difficulty in coring the hole and the methods used to core the hole.

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13.2. If blasting or hire of equipment is required due to rock or foundations, a hire fee will apply.

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13.3.The Contractor will advise the Client of the fee which the Client will be obliged to pay prior to undertaking the coring works.

The Contractor always tries the best to meet the expected date of completion. However, there are still out of control factors that can lead to delay in Work completion.

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14.1. Weather

The Contractor cannot control the weather conditions and this factor can lead to delays in the completion date of the Work. The Contractor usually completes the projects in 2 to 3 weeks and always tries to meet the deadlines. However, if this happens, the Client will be scheduled on the soonest available date.

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14.2. Materials Delay

Occasionally, due to some uncontrolled matters, the Contractor’s suppliers cannot supply the materials on-time. There may be delays in Work completion.

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14.3. Neighbour Delay

If in case there is an involvement  of the Client’s neighbour in the Work, and the neighbour(s) delay, such as not paying their deposit by the due date or not agreeing to the quote, this can also lead to delay in the Work completion.

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14.4. Client Delay and Cancellations

There are cases that the Client has to postpone or cancel the date of installment due to personal reasons. However, The Client needs to give the Contractor notices about the cancellation 48 hours prior to the installation date. Any notice less than 48 hour prior to the installation date will require a cancellation fee of $220.

15.1. Any variation to the Agreement must be in writing and signed by the Contractor and the Client.

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15.2. If there are any inconsistencies between the Quotation and these Terms and Conditions, the terms set out in the Quotation will take priority over these Terms and Conditions.

16.1. In addition to any requirement under the Act or any written law with respect to the Works, the Contractor guarantees, for a period of 5 years from the date of completion of the Works, that the Works will:-

a. Be carried out in a proper and workmanlike manner.

b. Function properly.

c. Be free from deformation.

16.2. If the Works do not meet the requirements in 16.1, the Client must provide to the Contractor written notice of the claim within seven days of the Client becoming aware of the defect or the failure of the Works.

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16.3. The Client must provide access for the Contractor to repair, replace or make any of the Goods or Services which the Client claims are defective or have not been carried out in a proper and workmanlike manner.

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16.4. The Contractor may choose to repair or replace defective products at its absolute discretion. The Contractor will be responsible for the cost of repairing, replacing or obtaining a similar product for a successful warranty claim, whichever is the lowest cost.

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16.5. The Contractor’s Warranty does not cover:

a. any goods supplied or services rendered which are outside the scope of the Works and Quotation.

b. scratching, abrasion, or any other damage or deterioration caused by accident, impact, or misuse.

c. any product installed within 1km of the sea.

d. if you move the product from the place it is initially installed.

e. exposure to radiation and corrosive fumes or materials.

f. damage caused by an act of God, act of war, storm, flooding, fire, hail or wind.

j. normal weathering, which includes a natural reduction in gloss and colour.

h. any Injury, damage or consequential loss arising from the use of our product.

i. where failure is the result of exposure of the coating to a temperature greater than 70°C.

j. where the failure is the result of the Client not maintaining the product in accordance with the maintenance advice stated in Clause 17 – see below.

k. products higher than 2100mm damaged by wind.

Exposure to UV Light, pollution, salt & dirt deposits, and chemicals can affect the long term performance of the fencing coating if they are not removed with regular washing.

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A gentle clean with a soft brush, warm water and mild detergent followed by a rinse of fresh water 2-3 times a year will maintain the finish of powder coated fencing components and fulfill warranty conditions.