Fencing Installation Terms and Conditions
1. Definitions:
- "Contractor" refers to North Brissy Fencing, the fencing installer.
- "Client" refers to the person or entity purchasing the fencing services.
- "Services" refers to the supply and installation of fencing, as outlined in the quote.
- "Site" refers to the location where the fencing is to be installed.
2. Agreement: By accepting this quote, the Client agrees to the terms and conditions set forth in this document, which are subject to change only upon mutual written agreement.
3. Payment Terms:
- A 50% deposit of the total quoted price is due upon acceptance of the quote.
- The remaining balance is due upon completion of the installation or as agreed in the payment schedule.
- A 2% per day late payment fee will apply to any overdue payments.
4. Scope of Work:
- The Contractor will supply and install the fencing materials as specified in the quote.
- The Client is responsible for ensuring the site is ready for installation on the scheduled date.
- Any changes to the original scope of work must be agreed upon in writing and may incur additional charges.
5. Underground Obstructions & Additional Charges:
- Any unforeseen underground obstructions, such as:
- Concrete strip footings
- Large rocks
- Tree roots
- Other buried structures
will be subject to additional charges.
- These obstructions will be charged at an hourly rate of $100 per hour, including tasks such as jackhammering and root cutting.
- If such obstructions are encountered, the Contractor will contact the Client via phone for full transparency, and photos/videos will be taken to document the issue before proceeding.
- This is to ensure that the fence line remains straight and undisturbed in cases where underground obstacles were not visible during the initial quote.
6. Site Safety & Restricted Access:
- No unauthorized persons, including children, are permitted on-site.
- Only personnel employed or contracted by North Brissy Fencing may enter the designated work area until construction is fully completed.
- Any breach of this requirement may result in work stoppages, or liability may be transferred to the Client for any incidents that occur due to unauthorized access.
7. Quotes Subject to Change:
- The quoted price is subject to change if:
- The Client requests variations to the original scope of work.
- There is a change in the quantity of materials required.
- Any price changes will be communicated and agreed upon with the Client before proceeding.
8. Care with Living Items:
- While North Brissy Fencing takes reasonable care when working around plants, lawns, and gardens, we are not liable for any damage to living elements during construction. This includes damage caused by the application of herbicides or insecticides necessary for the work.
- The Client is responsible for ensuring that any valuable plants, trees, or other items are properly protected during installation.
9. Ownership of Materials:
- North Brissy Fencing retains ownership of all materials supplied for the job until full payment is received.
- In the event of non-payment, North Brissy Fencing reserves the right to enter the site without notice to recover materials.
10. Boundary Pegs & Fence Line Responsibility:
- Setting out boundary survey pegs is the sole responsibility of the Client.
- North Brissy Fencing will follow existing fence lines to the best of our ability, but liability for boundary placement remains with the Client.
11. Warranty:
- Post footings warranty: The Contractor warrants the workmanship of post footings for a period of 10 years from the date of completion.
- Colourbond materials warranty: The fencing materials, specifically Colourbond, may carry a 10-year manufacturer's warranty. The Client should consult directly with the supplier for further details.
- Timber products: Timber materials have no warranty and are subject to natural issues such as cracking, splitting, twisting, and more, due to environmental factors.
12. Liability:
- The Contractor will not be liable for any indirect, incidental, or consequential damages arising from the installation of the fence.
- The Contractor is responsible for maintaining a safe work environment but is not liable for any injuries or accidents that occur on the Client's property.
13. Cancellation:
- If the Client wishes to cancel the project after accepting the quote, the following cancellation fees apply:
- Less than 14 days before the scheduled installation: A 10% cancellation fee will be deducted from the deposit.
- More than 14 days before the scheduled installation: A full refund of the deposit will be issued.
- If the Contractor is unable to begin or complete the work due to circumstances beyond control, the Contractor will refund any payments made by the Client for unfinished work.
14. Permits and Approvals:
- The Client is responsible for obtaining any necessary permits, approvals, or permissions required for the installation of the fence.
- The Contractor will assist the Client with the permit process, if required, but will not be responsible for any delays or costs incurred due to the Client’s failure to obtain proper permits.
15. Force Majeure: Neither party will be held liable for delays or failure to perform due to causes beyond their reasonable control, including, but not limited to, acts of God, fire, flood, strikes, labour disputes, or government restrictions.
16. Dispute Resolution:
- In the event of a dispute, both parties agree to attempt to resolve the issue amicably through negotiation.
- If a resolution cannot be reached, the dispute may be referred to a mediator or arbitrator in accordance with Queensland law.
17. Governing Law: This contract shall be governed by and construed in accordance with the laws of the state of Queensland, Australia.