Experts in Fencing and Outdoor Solutions in Mackay, Townsville & surrounding areas
“Where a dividing fence which is of a kind sufficient for the purposes of both the occupiers of lands separated by the dividing fence is out of repair, each occupier shall be liable to join in or contribute to the repairing of the fence in such proportions as shall be agreed upon or in default of agreement determined by the Magistrate’s Court under this part.”
All our quotations are subject to the following conditions. Acceptance of our quotation also infers acceptance of these conditions.
1. RESPONSIBILITY FOR PAYMENT
All quotations are valid for 30 days from the date of issue. A refundable deposit of up to 100% of the Contract price may be required on acceptance of this quotation or where specialist subcontracted labour or materials is necessary. Where Jos Fencing & Landscaping or its agents order special items to fulfil this Contract and the Customer cancels the Contract, the Customer remains liable for the balance of the retail price of the goods over and above the deposit held if any. On payment of the balance, materials will be handed over to the Customer on completion of work and receipt of invoices. Failure to comply with payments terms will void warranty and will incur a 10% surcharge. The complete fence remains the property of Jos Fencing & Landscaping until final payment is made.
2. NEIGHBOURS
The failure of neighbours to contribute towards the cost of fencing or comply with the Fencing Act or to make any payment to the Customer in accordance with the Fencing Notice served on them shall continue to be the responsibility of original Customer who initiated the Contract.
3. ELECTRICITY AND WATER SUPPLY
The Customer shall supply electricity and water at all times during construction. In the event that power and water are not supplied any extra cost incurred including generator hire, cartage, loss of time or additional labour shall be charged to the Customer.
4. SITE
(a) This quotation for fencing is, unless shown herein, based on construction on clear unobstructed areas.
(b) Unless otherwise provided in this quotation, the Customer shall clear all obstructions and provide a clear working area and access. If the Customer fails to remove obstructions, then costs for removal including equipment and labour costs at an hourly rate shall be payable by the Customer.
(c) The Customer shall be responsible for locating and notifying Jos Fencing & Landscaping in writing prior to construction of the position of all underground obstructions including electric and telephone cables, gas, water, stormwater and sewerage pipes and any other service facility which is or may be affected by the construction and shall indemnify Jos Fencing & Landscaping and its agents against any claims or demands made by any person or authority in respect of any damage.
(d) No allowance has been made for concealed obstructions such as but not limited to rock, wires, pipes, tree roots, broken posts, foundations, thick or reinforced concrete etc. which may be encountered. Any costs incurred in the removal of concealed obstructions including additional labour shall be payable by the Customer.
(e) The Customer shall remove or protect all plants, ornaments, pipes, etc. which may be damaged. Jos Fencing & Landscaping shall exercise all care but accept no responsibility.
(f) The Customer is solely responsible for the removal/handling of all overburden produced as a consequence of any excavation work undertaken as required by the Contract.
5. PERMITS
Unless otherwise provided in this quotation the Customer shall obtain any necessary permits and supply a copy of the permit and conditions to Jos Fencing & Landscaping.
6. BOUNDRIES
All pegs and boundaries are to be marked by the Customer, who shall continue to be responsible for the position of the fence and any other claims arising therefrom.
7. FENCE HEIGHT AND GROUND LEVEL
All heights of fences as shown shall be nominal only and fences shall be constructed from standard production components that shall yield the closest heights under the nominated. The fence height may vary in relation to undulation of the land along the fence line. Unless there is a variation in writing of this quotation, all gates shall be constructed square and hang level and hinged to posts with standard hinges to clear existing ground level. Any rake purpose, contour gate will be at an additional cost to the Customer. The Company makes no warranty except those contained in this quotation and no warranty by the Company is to be implied. The Customer may make no claims against the Company in respect of faulty materials or workmanship unless the Customer has first:
(a) Notified the Company in writing of each such alleged defect in materials (excluding timber products) and workmanship
(b) Provided an opportunity for the Company or its representative to inspect each and every such alleged defect.
(c) Given written notice of all works, which the Customer claims to be necessary to rectify the work.
Note: Timber fencing materials have no warranty against defects, as a natural product. All timber products are of fence grade material. The parties hereby agree that in the event of any dispute arising between them in performance of this agreement they shall not proceed in a court of law but shall proceed by way of arbitration and shall be bound by the decision of the arbitrator.
8. FENCE POSITION
Unless otherwise provided herein, the fence shall be constructed with the side the posts are on being at the discretion of the erector.
9. YOUR GUARANTEE
All fencing erected under this Contract is guaranteed by Jos Fencing & Landscaping for a period of 90 days against defect in workmanship. Claims must be lodged in writing within seven days. Jos Fencing & Landscaping reserves the right to repair replace and make good to fulfil the Guarantee.