Terms of Service

3.1 Defined Scope

The Contractor shall perform only those works that are explicitly itemised and described in the written quotation. The scope is to be interpreted strictly, and no additional work is implied.

3.2 Detailed Exclusions

Unless expressly included, the following are excluded:

• •Retaining walls, plinths, sleeper systems, or any soil retention structures;
• •Excavation beyond standard post holes, including rock breaking or concrete removal;
• •Removal of tree roots, vegetation, or landscaping;
• •Levelling, grading, drainage, or water management;
• •Surveying, boundary verification, or title confirmation;
• •Identification, relocation, or protection of underground services;
• •Removal of hazardous, contaminated, or regulated materials.

3.3 Effect of Exclusions

Where excluded items are encountered:

• •They will be treated as variations;
• •Additional charges will apply;
• •Works may be suspended until resolved.

The Client accepts that exclusions are fundamental to pricing.

4.1 Basis of Pricing

All pricing is based on visual inspection and reasonable assumptions regarding site conditions.

4.2 Latent Conditions Defined

Latent conditions include hidden rock, concrete, roots, unstable soil, underground services, or other subsurface issues.

4.3 Contractor Rights

Work may stop and variations will apply.

4.4 Client Acceptance

Client accepts all additional costs and delays.

5.1 Definition of Variation

A "Variation" includes any change, addition, omission, substitution, or deviation from the original scope of works, whether initiated by the Client, required due to site conditions, or deemed necessary by the Contractor to complete the works safely, practically, or to an acceptable standard.

5.2 Circumstances Giving Rise to Variations

Variations may arise due to (including but not limited to):

• •Latent site conditions;
• •Client requests or design changes;
• •Safety requirements or compliance obligations;
• •Inaccurate or incomplete information provided by the Client;
• •Obstructions or access issues not disclosed prior to commencement.

5.3 Approval Mechanisms

Variations shall be deemed approved where:

• •Confirmed in writing (including email/SMS);
• •Instructed verbally and acted upon;
• •Required to prevent damage, ensure safety, or continue works.

5.4 Pricing of Variations

Variations will be charged at:

• •Agreed rates where applicable; or
• •Reasonable commercial rates determined by the Contractor.

5.5 Payment for Variations

• •Variation invoices are payable immediately upon issue;
• •Payment is a condition precedent to continuation of works;
• •Failure to pay entitles the Contractor to suspend works without liability.

5.6 Evidence of Variations

The Contractor may rely on photographs, messages, site notes, and job records as conclusive evidence that variations were required and performed.

6.1 Payment Structure

• •Deposits are strictly non-refundable once materials are ordered or scheduling is confirmed;
• •Progress payments may be issued at any stage;
• •Final payment is due upon practical completion.

6.2 Practical Completion

Practical completion is achieved when:

• •The fence is structurally complete;
• •The works are fit for their intended purpose;
• •Any minor defects do not prevent normal use.

Client dissatisfaction regarding appearance does not delay payment.

6.3 No Set-Off

The Client is not entitled to withhold, deduct, or offset any payment for any reason.

6.4 Default

Failure to pay constitutes a material breach of contract and acknowledgment of debt.

6.5 Recovery Rights

The Contractor may:

• •Suspend or terminate works;
• •Engage debt recovery agencies;
• •Commence legal proceedings;
• •Recover all associated costs including legal fees on an indemnity basis.

7.1 Records Maintained

The Contractor may create and retain:

• •Photographic and video records;
• •Site notes and job logs;
• •Delivery and installation documentation.

7.2 Legal Standing

These records constitute prima facie evidence of:

• •Site condition prior to works;
• •Work performed;
• •Completion status;
• •Pre-existing defects.

7.3 Client Acknowledgement

The Client accepts that such records are accurate and may override subjective claims.

8.1 Nature and Limitation of Repair Works

Fence repair works involve working on existing structures that may be aged, deteriorated, or structurally compromised. The Client acknowledges that repairs are inherently limited and cannot restore the fence to a "new" condition.

8.2 Structural Uncertainty

The Client acknowledges that:

• •Posts may be rotten below ground level;
• •Rails may have internal weakness not visible externally;
• •Panels may be brittle, corroded, or fatigued;
• •Footings may be unstable or degraded.

8.3 Chain Reaction Risk

The Client accepts that:

• •Disturbing one section of fence may destabilise adjacent sections;
• •Repairs may cause progressive or cascading failure;
• •Such outcomes are common and unavoidable in aged fencing systems.

8.4 Limited Scope of Responsibility

The Contractor's responsibility is strictly limited to the specific component replaced or installed. The Contractor is not responsible for:

• •Failure of adjoining sections;
• •Collapse of the overall fence;
• •Any hidden or pre-existing defect.

8.5 Failure During Works

Any damage or collapse occurring during repairs shall be deemed to result from pre-existing structural weakness, and the Client waives any claim against the Contractor.

8.6 No Guarantee or Representation

The Contractor provides no guarantee regarding:

• •Lifespan of repairs;
• •Visual match;
• •Structural performance beyond the repaired section.

8.7 Temporary Nature of Repairs

Repairs may extend the life of the fence but are not intended to provide a permanent solution where the structure is aged or compromised.

8.8 Direction Against Advice

Where the Contractor recommends replacement and the Client elects repair:

• •The Client assumes all risk;
• •All claims relating to outcome are waived.

8.9 Warranty Exclusion

No warranty applies to repair works unless expressly stated in writing.

9.1 Boundary Accuracy

The Client expressly acknowledges that the Contractor does not determine, verify, or guarantee the accuracy of any property boundary. All fencing works are carried out strictly in accordance with the Client's instructions or apparent boundary markers present on site. The Client accepts full responsibility for ensuring that the fence is constructed on the correct legal boundary and acknowledges that any error in boundary identification is solely their responsibility.

9.2 No Survey or Title Verification

The Contractor is not engaged to provide surveying, title searches, or boundary confirmation services. Any reliance on existing fences, pegs, or visual markers is done at the Client's risk unless a licensed surveyor's plan is provided.

9.3 Legislative Compliance

The Client is solely responsible for complying with all applicable laws, including the Dividing Fences Act 1966 (WA). This includes, but is not limited to:

• •Issuing valid fencing notices where required;
• •Obtaining neighbour agreement or consent;
• •Managing cost-sharing arrangements;
• •Responding to disputes.

The Contractor bears no responsibility for compliance with neighbour-related legal requirements.

9.4 Neighbour Disputes

The Contractor is not a party to any dispute between adjoining landowners and shall not be involved in resolving disagreements relating to:

• •Fence location;
• •Fence type or height;
• •Cost contributions;
• •Access rights.

Any instruction to stop or alter works due to neighbour objection does not relieve the Client of payment obligations.

9.5 Indemnity

The Client indemnifies and holds harmless the Contractor against all claims, demands, losses, costs, and legal proceedings arising from:

• •Incorrect boundary placement;
• •Encroachment claims;
• •Neighbour objections or disputes;
• •Orders for removal or relocation of the fence.

This indemnity applies regardless of when the issue arises, including after completion.

10.1 Access Requirements

The Client must provide safe, clear, and continuous access to the work area sufficient for personnel, machinery, and materials.

10.2 Site Preparation

The Client is responsible for ensuring that prior to commencement:

• •All obstructions are removed;
• •Vehicles and personal property are cleared;
• •Pets are secured;
• •Vegetation and hazards are addressed.

10.3 Restricted or Delayed Access

If access is restricted, delayed, or obstructed:

• •Works may be postponed or suspended;
• •Additional charges may apply for downtime and rescheduling;
• •Project timelines will be extended accordingly.

10.4 Safety Conditions

The Client must ensure the site is safe and free from hazards. The Contractor may immediately cease works if unsafe conditions are identified, without liability.

12.1 Notification Period

The Client must notify the Contractor of any alleged defect in writing within 24 hours of practical completion.

12.2 Evidence Requirement

All claims must include:

• •Clear photographic evidence;
• •Detailed written description.

12.3 Contractor Right to Rectify

The Contractor must be given a reasonable opportunity to inspect and rectify any alleged defect before any third party is engaged.

12.4 Failure to Comply

Failure to follow this process results in:

• •Automatic rejection of the claim;
• •Waiver of any right to dispute or seek compensation.

13.1 Timber

Timber is a natural product and may:

• •Warp, twist, crack, or split;
• •Expand or contract with weather conditions;
• •Change colour over time.

13.2 Colorbond

Colorbond and steel products may:

• •Exhibit colour variation between batches;
• •Show minor surface imperfections;
• •Be affected by environmental exposure.

13.3 No Defect Classification

The above characteristics are inherent to the materials and are not considered defects under any circumstances.

14.1 Scope of Warranty

Any warranty provided applies strictly to workmanship in new installations only.

14.2 Exclusions

Warranty does not cover:

• •Ground movement or soil conditions;
• •Extreme weather or environmental damage;
• •Third-party interference;
• •Lack of maintenance;
• •Repair works.

14.3 Void Conditions

Warranty is automatically void where:

• •Payment terms are not met in full;
• •The works are modified or interfered with by others.

17.1 No Withholding of Payment

The Client must not withhold, delay, or reduce payment under any circumstances, including disputes.

17.2 No Third-Party Rectification

The Client must not engage third parties to inspect, repair, or alter the works without prior written consent.

17.3 Dispute Process

All disputes must be:

• •Submitted in writing;
• •Supported with evidence;
• •Allow reasonable time for response and rectification.