T&C

TERMS & CONDITIONS – NORTH BRISSY FENCING

1. Definitions

“Contractor” means North Brissy Fencing (“NBF”).

“Client” means the person, company, or entity accepting the quote.

“Services” means fencing supply, installation, repairs, removal, or associated works outlined in the approved quote.

“Site” means the installation location.

“Dividing Fence” has the meaning given under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (QLD).

1. Agreement & Digital Acceptance

By accepting this quote (including electronic approval, clicking “accept”, written confirmation, or payment of a deposit/invoice), the Client agrees to these Terms and Conditions.

Electronic acceptance constitutes a legally binding agreement and is deemed the Client’s digital signature, removing the need for a physical signature.

1. Payment Terms

Payment must be made in accordance with the invoice or payment schedule provided.

Overdue amounts may incur interest at a rate of 2% per day.

NBF reserves the right to suspend works for non-payment.

The Client is liable for all costs associated with recovering overdue payments, including legal fees, debt collection fees, and administrative costs.

Deposits are non-refundable once materials have been ordered or works have commenced.

1. Scope of Work

Works will be completed in accordance with the approved quotation.

The Client must ensure:

• Safe and clear access to the Site between 6:30am and 6:30pm
• Removal of obstructions, pets, vehicles, debris, and hazards prior to commencement

Any variation to the agreed scope of works must be approved in writing and may incur additional charges.

1. Compliance with Queensland Law

For dividing fences, the Client acknowledges their obligations under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (QLD).

NBF is not responsible for:

• Neighbour disputes
• Cost-sharing disagreements
• Serving or responding to fencing notices
• Legal advice relating to boundary or fencing matters

1. Neighbour Agreement & Payment Responsibility

The Client confirms that all necessary approvals or agreements from adjoining property owners have been obtained prior to commencement of works.

The Client accepts full responsibility for payment of the total invoice amount regardless of any private arrangement, contribution dispute, or reimbursement agreement with neighbouring parties.

Any cost-sharing or split payment arrangement must be confirmed in writing prior to works commencing. Where approved, separate invoices may be issued at the Contractor’s discretion.

1. Fencing Notices & Boundary Responsibility

Where required, the Client is responsible for issuing any Fencing Notices to adjoining owners.

NBF is not liable for:

• Failure to comply with legal notice requirements
• Incorrect fence placement due to inaccurate boundaries
• Boundary disputes arising before, during, or after installation

The Client must provide accurate boundary alignment and arrange survey pegs or a licensed surveyor where required.

7A. Boundary Placement & Survey Responsibility

Where survey pegs or a licensed surveyor are not provided by the Client prior to commencement of works, NBF will install the fence in line with the existing fence alignment, apparent boundary line, or in a position deemed reasonable based on visible site conditions.

The Client acknowledges and accepts that:

• NBF is not a licensed surveying company
• Fence placement is completed based on the information available at the time of installation
• Any boundary discrepancy, encroachment issue, or relocation requirement arising from the absence of survey pegs or formal surveying is entirely the Client’s responsibility

NBF accepts no liability for costs, damages, disputes, fence relocation, or legal claims arising from incorrect boundary placement where the Client has not supplied verified survey boundaries prior to installation.

1. Underground Services (Before You Dig Australia)

The Client must ensure all underground services and utilities are identified prior to works commencing.

NBF recommends using Before You Dig Australia before installation.

NBF is not liable for damage to any unmarked, undisclosed, or incorrectly identified underground services, including but not limited to:

• Water pipes
• Electrical cables
• Gas lines
• NBN or telecommunications services
• Irrigation systems

1. Underground Obstructions

Unforeseen underground obstructions including rock, concrete, tree roots, footings, or buried materials may result in additional charges.

Where practicable, the Client will be notified before proceeding with additional works.

Supporting evidence such as photos or videos may be provided.

1. Site Access & Delays

The Client must provide safe and unobstructed access to the Site at all times.

If access is restricted, unsafe, or the Site is not ready for installation:

• Works may be delayed or rescheduled
• Additional charges may apply, including return visit fees and labour costs

1. Weather & Force Majeure

NBF is not liable for delays caused by circumstances beyond reasonable control, including but not limited to:

• Severe weather
• Flooding
• Supply shortages
• Delivery delays
• Equipment failure
• Acts of God

Estimated installation dates are subject to change where required.

1. Site Safety

No unauthorised persons are permitted within the work area during installation.

The Client is responsible for ensuring all occupants, children, pets, and visitors remain clear of the work zone.

1. Property, Landscaping & Surface Disturbance

NBF is not liable for:

• Damage to lawns, turf, gardens, irrigation, paving, or landscaping
• Soil disturbance or ground markings caused during installation
• Chemical applications required to complete the works
• Minor surface cracking or disturbance caused by standard construction activities
• Concrete splatter, dust, dirt, or debris generated during works

The Client is responsible for protecting any sensitive, valuable, or fragile items prior to commencement.

1. Pool Areas & Pool Protection

Where works are being completed near or adjacent to a swimming pool, spa, or pool area, the Client is solely responsible for protecting and covering the pool prior to commencement of works.

NBF accepts no responsibility for:

• Dust, debris, concrete, soil, metal filings, or materials entering the pool
• Pool cleaning or chemical balancing after installation
• Damage to pool surfaces, pool equipment, filters, pumps, tiles, coping, or surrounding areas
• Costs associated with pool cleaning, repairs, or maintenance following works

The Client acknowledges that fencing and excavation works near pools may create unavoidable debris and disturbance.

1. Existing Fence Removal

Removal and disposal of existing fencing or materials is not included unless explicitly stated within the approved quote.

1. Ownership of Materials

All materials supplied remain the property of NBF until paid in full.

The Contractor reserves the right to recover materials in the event of non-payment where permitted by law.

1. Council & Regulatory Compliance

The Client is responsible for:

• Obtaining any required council approvals or permits
• Ensuring compliance with local regulations and boundary requirements
• Ensuring pool fencing compliance under the Queensland Building Act 1975 where applicable

1. Retaining Walls

Fences constructed by NBF are not engineered retaining walls unless specifically designed, quoted, and agreed in writing.

NBF accepts no liability for soil movement, retaining failure, or structural issues where a fence is used to retain soil or support land.

1. Timber Products

Timber is a natural product and may experience:

• Shrinkage
• Warping
• Cracking
• Twisting
• Colour variation

These characteristics are considered normal and do not constitute defects.

1. Material & Colour Variations

Minor variations in colour, texture, finish, or material appearance may occur between samples, batches, suppliers, or manufactured products.

NBF is not liable for natural product variation or manufacturing inconsistencies beyond its control.

1. Hazardous Materials & Asbestos

If suspected asbestos or hazardous materials are discovered during works, NBF reserves the right to immediately cease works until the material is professionally assessed or removed.

Any resulting delays or costs are the responsibility of the Client.

1. Client-Supplied Materials

Where the Client supplies materials, NBF accepts no responsibility for:

• Material defects
• Incorrect quantities
• Product failure
• Delays caused by unsuitable materials

No workmanship warranty applies to Client-supplied materials unless agreed in writing.

1. Completion Delays Caused by Third Parties

NBF is not liable for delays caused by neighbouring properties, council matters, utility providers, surveyors, suppliers, or third-party contractors.

1. Warranty

NBF provides:

• 10-year workmanship warranty on post footings
• Manufacturer warranties on supplied materials where applicable

Warranty exclusions include:

• Misuse or neglect
• Third-party damage
• Storm or weather damage
• Ground movement
• Normal wear and tear
• Damage caused by external contractors or machinery

1. Limitation of Liability

To the maximum extent permitted by law:

• Liability is limited to the value of the Services supplied
• NBF is not liable for indirect, incidental, consequential, or financial losses arising from the Services provided

1. Governing Law

These Terms and Conditions are governed by the laws of Queensland, Australia.