Terms & Conditions of Engagement
1. ACCEPTANCE
1.1 These Terms and Conditions (Terms) are between Roseville Fencing (ABN: 34 625 731 857), its successors and assignees (referred to as “we”, “us” or “our”) and the Client described in the Quote (referred to as “customer” “you” or “your”), and collectively the Parties.
1.2 You have requested the Services and Goods set out in your Quote (Services). You accept the Quote and these Terms by:
a) confirming by email that you accept the Quote;
b) instructing us to proceed with the Services; or
c) paying the deposit as set out in the Quote.
1.3 In accepting the quote, you acknowledge to us that to the best of your knowledge, your home or premises is structurally sound for the purpose of installation of the Goods.
1.4 The Company has the right to amend your quote if not accepted within thirty (30) days from the date of quote.
1.5 Our agreement with the Customer is comprised by the following documents which contain the entire understanding between the parties: a) These Terms & Conditions b) Quote
1.6 You agree that these Terms form the agreement under which we will supply Services and Goods to you. Please read these Terms carefully. Please contact us if you have any questions. Purchasing Services and Products from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. If you do not agree to these Terms, you should not purchase from us.
2. SERVICES & SUPPLY OF GOODS
2.1 We agree to perform the services with due care and skill and supply the goods to the customer at the time as detailed in your Quote.
2.2 All Goods are subject to availability, and we reserve the right to substitute products provided that the quality is equal to or better than the one specified.
2.3 We may provide the Services or installation of Goods to you using our employees, contractors, and they are included in these Terms.
2.4 You agree to complete and execute any documents, contracts, or papers necessary to complete the work required or for any other reason reasonably required.
2.5 Third parties who are not our employees or our direct contractors (Third Parties) will be your responsibility. We are not responsible for the services provided by Third Parties.
2.6 If you request amended or additional services, including but not limited to changes in services or goods (Additional Services), we have discretion as to whether we perform this work and whether an adjustment to the Fee may be required in respect of the same. If we are unable to accommodate the Additional Services or Goods, we may request that we be paid for Services performed or Goods supplied to date and terminate these Terms.
3. PRICE, INVOICING AND PAYMENT
3.1 The total amount payable and method of payment by you to us is detailed in your Quote.
3.2 You agree to pay us a deposit of 10 per cent (%) of the Out of Pocket Expense upon your acceptance of the Quote. Within 3 days time the start date of work will be confirmed.
3.3 You agree to pay 40% of the total invoice on commencement of works
3.4 The final amount payable (50% of total invoice) must be finalised no later than the day of completion of the work.
All amounts payable and due are accepted by direct deposit and will be accepted when we receive an emailed remittance or at the point in time when funds have cleared.
Name: Roseville Fencing
BSB: 062195
ACC Number: 10289365
3.5 We reserve the right to charge late fees and interest on any overdue payment. Should we be required to engage debt recovery you shall be liable for any costs associated including legal fees.
3.6 The customer is liable for any additional charges incurred if the information supplied is not complete and correct.
4. DELIVERY AND INSTALLATION
4.1 We may conduct a site inspection of the property or Premises on or before the day work is to be completed to confirm site access, OHS standards, electricity connection and for any other reason necessary to perform the installation.
4.2 By accepting the Quote and these Terms, you grant permission for us to enter the Premises at any reasonable time as pre-arranged for the Goods to be installed.
4.3 You authorise us (including our contractors) to deliver and install the fence, gate, screen or any other Goods as purchased in your Quote.
4.4 You warrant that you are the Owner or have appropriate authorised consent from the Owner of the Property Address as listed in your Quote.
4.5 Your installation date may be subject to change in certain circumstances and at the discretion of Roseville Fencing. These circumstances without limitation are stock being unavailable, lack of manpower or installer availability, inclement weather or any other reason deemed reasonable.
4.6 Any presence or concern of asbestos will constitute cancelation and rescheduled when it is safe to return and carry out the services or installation.
5. BOUNDARIES AND SITE
5.1 Roseville Fencing takes no responsibility for incorrect boundary placements, unless all pegs and boundaries are marked prior to installation. You hereby indemnify us against all claims arising from the position of the works.
5.2 We will determine the side on which the fence posts are installed on, unless otherwise agreed between you and us, or if required to be on a particular side for reasons of construction, neighbours direction or any other reason.
5.3 You shall be responsible to notify us of any and all underground services and location including but not limited to electrical and telephone cables and wires, pipes, gas supplies, water supplies, storm water and any other structure. Please check “Dial Before You Dig” www.1100.com.au. You indemnify us against any claim for damage which may be caused by us in the course of the works if such location has not been accurately made. Any costs incurred will be charged to you.
6. WARRANTIES AND WORKMANSHIP
6.1 To the extent permitted by law, we exclude all express and implied warranties in connection with any fence, gate, screen, Goods or installation, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.
6.2 All work will be carried out in a proper and workmanlike manner.
6.3 All work will be free from defects and if defects are found, you are to notify us in writing within 5 days from the date of installation or completion.
6.4 We will endeavour to complete the work in the timeframe stipulated where possible. No responsibility or liability will be accepted by us for delays out of our control.
6.5 A workmanship warranty is valid for 5 years from the date of completion or installation.
7. INDEMNITY
7.1 You are liable for and agree to indemnify us and any of our related parties, agents, employees and subcontractors for and against any damages, and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
a) any damages or breakages
b) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
c) any breach of these Terms; and
d) any negligence or wilful misconduct
7.2 The obligations under this clause will survive termination of these Terms.
8. TERMINATION
8.1 Once the Quote has been accepted, you acknowledge you are unable to cancel, terminate or revoke the services as agreed to in your quote, unless mutually agreed by both parties in writing.
8.2 The company may terminate this relationship immediately, at our sole discretion.
9. GENERAL
9.1 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
9.2 Publicity: By accepting your Quote, you give us consent to take and use photographs and video for advertising or social media purposes.
9.3 Quote Adjustment: We reserve the right to alter the quote under the circumstances where the full quote has not been accepted, or amendments are requested to the services or for any other reason considered to be reasonable.
9.4 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
9.5 Waiver: If we fail to exercise a power, right or remedy under this Agreement, it does not operate as a waiver of that power, right or remedy. No waiver is effective unless it is in writing.
9.6 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior quote, understanding or arrangement between you and us, whether oral or in writing.
9.7 Site Clean Up: Included in your quote is our guarantee to complete a full and thorough clean of the site upon completion of the installation. Where possible, all off-cuts, packaging, debris will be removed.