Terms & Conditions

“Agreement” refers to both the Quotation and these Terms and Conditions. “Claims” encompass all present or future, real or potential, claims, legal actions, demands, complaints, damages, losses, costs, or expenses. “Client” identifies the party engaging the Contractor, as named in the Quotation. “Client’s Land” denotes the property occupied by the Client, regardless of ownership or lease status. “Common Boundary” describes the dividing line between the Client’s Land and the Neighbour’s Land. “Contract Price” is the amount stated in the Quotation for the provision of Goods and Services. “Contractor” refers to the Top Fencing, including any subcontractors or agents hired to deliver the Goods or Services. “Dividing Fence” is as defined by the Act. “Goods” are the materials provided by the Contractor related to the Services. “Neighbour” is the entity owning or residing on the Neighbour’s Land, or both. “Neighbour’s Land” is the property adjacent to the Client’s Land. “Notice” is a formal communication issued under the Act to a Neighbour regarding sharing the expenses for constructing or repairing a Dividing Fence. “Quotation” is the document accompanying these terms and conditions, detailing the goods or services the Contractor agrees to provide. “Rate of Interest” is set at 15% per annum. “Services” are the activities described in the Quotation. “Site” is the location where the Works will be executed as specified in the Quotation. “Works” collectively refer to the Goods and Services to be provided by the Contractor.

TERMS OF PAYMENT

The Client is obligated to pay the Contractor the Contract Price for the Works. Following the Quotation’s acceptance, the Contractor might require a non-refundable deposit of up to 50% of the Contract Price from the Client at the Contractor’s discretion. This deposit must be paid before the Contractor starts the Works. The remaining Contract Price, after any deposit, is due immediately upon the Works’ completion. If the Client cancels, repudiates, or breaches the Agreement before completing the Works, they must cover the cost of Goods purchased for the Works and a portion of the Contract Price, proportional to the completed Works as determined by the Contractor.

Ownership of the Goods remains with the Contractor until the Client has paid the Contract Price in full along with any other dues under the Agreement.

DEFAULT

A default occurs if the Client fails to make due payments, grant reasonable access, fulfill other obligations under this Agreement, or becomes insolvent. The Contractor may terminate the Agreement immediately on any default by the Client. Upon termination, all payments under the Agreement become immediately due. The Contractor is not required to refund any deposits if the Client defaults. The Client must indemnify the Contractor against all costs incurred from enforcing the Agreement due to the Client’s default. Unpaid sums accrue interest daily at the Rate of Interest. The Contractor can enter the Client’s Land to reclaim Goods under clause 2.6 if payments are outstanding.

DIVIDING FENCES

If the Works involve a Dividing Fence, the Client may seek contributions from the Neighbour for costs under the Act. At the Client’s request, the Contractor will issue a Notice to the Neighbour. The Neighbour’s non-payment doesn’t absolve the Client’s payment obligations to the Contractor. The Client indemnifies the Contractor against any Claims from the Neighbour or third parties related to Dividing Fence Works.

CHARGE OVER REAL PROPERTY

To secure payment of the Contract Price and other dues, the Client charges any current or future real property interest to the Contractor.

ELECTRICITY AND WATER SUPPLY

The Client must provide electricity and water during the Works. Failure to do so makes the Client liable for additional costs incurred by the Contractor.

SITE

The Quotation assumes the Site is clear and accessible. The Client must remove any obstructions and provide full access before Works begin. Failure to clear obstructions indemnifies the Contractor against any resulting Claims. The Contractor isn’t responsible for hidden obstructions; the Client bears the cost of their removal, in addition to the Contract Price.

PERMITS

Unless stated in the Quotation, obtaining necessary permits is the Client’s responsibility. The Client indemnifies the Contractor against Claims due to lack of permits. The Contractor may refuse Work without the necessary permits.

BOUNDARIES

The Client guarantees the accuracy of boundary pegs for the Works. The Client indemnifies the Contractor against Claims regarding the Work’s boundary position.

FENCE HEIGHT AND GROUND LEVEL

Fence heights in the Quotation are approximate. Fences are built from standard materials to achieve as close as possible to the quoted heights. Variations due to land undulation may incur additional costs.

FENCE POSITION

The Contractor decides the fence post side unless agreed otherwise. Work follows existing fence lines unless the Client and Neighbours agree on an alternative.

GATES

Gates will be properly aligned, evenly installed, and affixed to posts using standard hinges to ensure they open without obstruction from the ground. Should the gate require customization, such as for sloped terrain or specific designs, the Contractor will apply an extra charge to the Client.

ROCK/BRICK/CONCRETE DRILLING

Should the project necessitate drilling into rock, brick, or concrete, the Contractor will impose a base fee of $50.00 (excluding GST), variable based on the complexity of the drilling and the techniques employed. The Client will be informed of the exact fee, which they must agree to before drilling begins.

WARRANTIES

The Contractor’s warranties are fully detailed in the Quotation. The Client recognizes that no additional warranties, beyond those specified in the Quotation, are provided by the Contractor.

CLAIMS AGAINST CONTRACTOR

To lodge a claim related to the project, the Client must:

• formally write to the Contractor detailing the complaint and the corrective actions needed;
• allow the Contractor to inspect the site and the work in question; and
• give the Contractor at least 14 days to address the issue.

VARIATION AND PRIORITY

Changes to the Agreement must be documented in writing and endorsed by both the Contractor and the Client. In cases of discrepancy between the Quotation and these Terms and Conditions, the Quotation’s terms prevail.

SEVERANCE

Should any segment of these Terms and Conditions conflict with statutory law, that portion will be adjusted or removed, leaving the remainder effective.

GUARANTEE

Beyond statutory obligations, the Contractor guarantees the work for 12 months post-completion to be defect-free and executed competently. The Client, upon noticing any defects or substandard work within this period, must notify the Contractor in writing within seven days and allow them to rectify any issues. The Contractor’s responsibility does not extend to goods or services not included in the project scope and Quotation.