Wyndham Fencing

The Fencing Act of 1968 provides that in the event of you not agreeing to the construction of a suitable fence within 28 days from the time of being served a NOTICE TO FENCE a court after application may make an ORDER deciding the matter and awarding the costs of such application.
SCHEDULE A:
1.    Quotation valid for 30 days unless dated differently. (a) a small job fee will apply to ALL Fencing, Gates, and Wings & Other, under 20 meters.

2.    50% deposit for standard orders and 75% for custom orders must be paid to book the job in, a minimum of 3 weeks for standard orders & 6 weeks for Custom/Special orders before the commencement of work/s from all Client(s) and neighbours.

3.    If Client (B) has not paid a deposit Client (A) is responsible to pay the deposit and for any work upon completion of the installation of the fencing. (I) Note: in the event of Client (B) contacting Wyndham Fencing and making payment in full we will adjust Client (A) invoice and refund payment made by Client (A) to secure and complete the installation of the fencing

4.    The ‘Contractor’ reserves the right to make adjustments to the final balance of the quote should the need arise to account for extra or unforeseen materials being required to be purchased and/or additional labour in pursuant of completing the job to clients specifications. This also takes into account elements (ie concrete footings, underground services, wall fixtures and the like) that may have to be worked around in order to complete the job at hand.

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 5.    Commencement of fencing is subject to several conditions, ie weather, shortage of stock/materials availability of contractors and payment not received prior to booking date. (see item 2.)

6.    All off-cut materials and the cleaning up of such, along the completed fence line remains the sole responsibility of the Client(s).

7.    The baseline of the completed fence shall be at the discretion of the ‘Contractor’ unless otherwise stated in writing.

8.    All care will be taken of any shrubbery along the fence line and workable area but no responsibility shall be accepted by the ‘Contractor’.

9.    Unless otherwise stated it will be the Client(s) responsibility to provide for, all necessary cleaning and grading along the fence line including removal of temporary fences. A 600mm clearance either side of fence is required to allow the Contractor to work safely, this includes the removal of any/all objects and vegetation where possible and the pruning/removal of any trees that impact on the fence line and the Contractors' ability to build the fence. Vegetation/obstacles not cleared on job start date may (a) Delay start date (b) Involve extra fees.

10.    Client(s) responsibility before fencing is installed to provide all necessary survey pegs and markings (must be clearly visible) in their correct positions for positioning the fence level in line and, for the purpose of indicating where the gate openings and other apertures are to be placed.

11.    The positioning of any Wings and Gates are at the discretion of the ‘Contractor’ unless otherwise stated in writing at the time of the quotation.

12.    Correct measurements will be confirmed at the commencement of works and if necessary adjustments will be made at the time of final invoice.

13.    All costs quoted by the ‘Contractor’ to the Client(s), pursuant to the quotation and any variation thereof are strictly net and payment in full and all monies falling due under the quotation(s) are due within 7 days of completion of the fence or any part thereof, for which an ACCOUNT IS RENDERED.

14.     If balance of quoted invoice  is unpaid on day of completion, and/or within 3 business days the Contractor reserves the right to remove the fence, gate, wing, etc to recover costs owed.

15.    The ‘Contractor’ reserves the right to lodge a ‘caveat’ over the subject property to secure payment which shall be withdrawn once full payments are received by the ‘Contractor’ together with all legal and debt recovery costs and related fees and charges incurred by the ‘Contractor’.

16.    The quoted costs may be increased if temporary fences are required to be removed by the ‘Contractor’ or if any rock, underground pipes, foundations, cement, or any other impervious substance beneath the surface is encountered during the course of the erection of the fence.

17.    Special equipment will be charged at cost.

18.    No alterations or instructions will be recognized unless specified in writing. All specific conditions of requirements (of the Client/s) are to be noted in the comments and subject to the acceptance of the ‘Contractor” All diagrams are to be firmly attached to the acceptance of the quotation and no diagrams will form part of this agreement unless acknowledged in writing by the ‘Contractor’

19.    Any agreement (Verbal or Written), between the Client(s) and the ‘Contractor’ for the alteration(s) referencing to the particular specifications on which the quotation was made shall be governed by these terms and conditions.

20.    The ‘Contractor’ shall have the right of access to the Client(s) property at all times to inspect work in progress, or until the account is paid in full and therefore no trespass action will be taken against the ‘Contractor’ by the
       Client(s).

21.    The materials remain the property of the ‘Contractor’ and no property will pass to the Client(s) whatsoever, until the account is paid in full. We reserve the right to remove any portion of the fence, not paid for or part thereof.

22.    The supply of power and water is the sole responsibility of the Client(s). If no power or water is supplied, the cost of hiring a generator and supplying water will be charged as an extra cost to the Client(s) expense.

23.    The direction of the fence palings are to face, and are subject to written agreement by the relevant fence owners, but will not be guaranteed as the directions will be determined and is solely at the discretion of the
       ‘Contractor’.

24.    No claims are accepted unless in writing and received within 7 days of completion of the job.

25.    All care is taken but no responsibility for underground hazards ie sewerage, water pipes, electrical cables etc.

26.    Wyndham Fencing will not take responsibility for fences falling in unstable soil ie along retaining walls, easement etc.

27.    All parties involved (Client A & Client B), are to be aware that timber is derived from natural products ie Pine can be dispatched in different colour and finishes, and is subject to knots and natural imperfections. Timber is also subject to shrinkage, and whilst every care is taken in the course of building to prevent gaps appearing, the ‘Contractor’ is not liable for any gaps that may appear due to shrinkage.

28.    It is a condition of this agreement between Wyndham Fencing and the Client(s), that if the Client(s) fail to pay the balance owing within 30 days of completion of the work, the Client(s) shall pay interest at the rate of 20% per annum until the amount outstanding is fully paid. (a) Wyndham Fencing reserves the right to use Debt Collection agencies in the pursuant of non-payment at a 30% fee of the quoted invoice price, in conjunction with outstanding monies owed.

29.    If the quotation is cancelled by the Client(s) after an acceptance, a minimum charge of 10% of the quoted price will be applicable for accounting and administration fees.

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(a) If the quotation is cancelled by Client(s) after acceptance and 3 weeks prior to work start date, a minimum charge of 30% of quoted price will be applicable for Restocking Material (20% as charged by supplier), and 10% of the quoted price for Administration & Accounting fees.

 

(b) If the quotation is cancelled by Client(s) after acceptance and the quote is Custom/Special Order, 6 weeks prior to the work start date, the deposit is forfeited, and materials to the value of the deposit, less 10% of the quoted price for Administration & Accounting fees, less quoted delivery fee, will be delivered to the Client(s) property on the previous booked work start date and ownership of materials will transfer to Client(s).

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(c) If the quotation is cancelled by Client(s) after acceptance and on day of job commencement a $400 days labour charge will apply, 10% of total quoted invoice price for Administration & Accounting fees, plus delivery fees will be charged and ownership of the materials will be transferred to the client.                                                                                                             

30.    Wyndham Fencing offers a warranty for both their labour and materials for the period of 6 months, from the date of completion. Items attached to the fence during this time will void this warranty. 

31.    Exclusions from Warranty; Wyndham Fencing will not warranty materials in the event of High Winds, Floods and Natural Disasters that may cause damage and destruction to the fencing. (a) in the event of properties (for Clients A & B) being backfilled (b) in the event of material shrinkage and expansion due to extreme hot weather followed by wet humid weather. (c) in the event of collision by vehicle, or animal.

32.    Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files, & images downloadable from this website, without the express permission of the copyright owner Wyndham Fencing.

33.    To the fullest extent permitted by law:
(a)    if a computer, phone, email or other form of electronic device or data transmission is compromised via phishing, spoofing, malware, spam, or any other form of cyber-attack, that results in you paying our fee to someone other than us, you will still be liable to pay any outstanding funds owed to us; and
(b)    you fully release us from any claim, cost, loss, damage and liability arising from any such payment to a third party, except to the extent arising from Wyndham Fencing’s wilful negligence.

34.    You acknowledge:
(a)    the risks of cyber scams and cyber-attacks; and
(b)    that it is your absolute responsibility to undertake your own due diligence enquiries to verify the correct banking details before making any invoice payment to us (for example, first calling us to phone verify such details).

By paying a 50% or 75% deposit you are agreeing you have read and understood our Terms & Conditions.
 

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  Wyndham Fencing reserves the right to take photos of your finished fence/gate, for the purpose of advertising. 

 

Terms & Conditions are subject to change without notice.