QUOTES/ TERMS OF PAYMENT
❖ Upon acceptance of the Quotation, you and if applicable, your neighbour, are required to make payment of a 50% deposit invoice before your job can officially be accepted into our system for processing.
❖ The balance of the quote price becomes due and payable immediately upon completion of the Works.
❖ If the client has decided to pay for the full cost of the quote, you are hence forth solely dependable for any other variation and/or upgrade costs affiliated with the job. Melbourne Fencing Specialists is not liable to retrieve and funds from neighbours once 50% deposit invoice has been paid. It is the sole client’s responsibility to retrieve those funds.
❖ An email is required from the client stating they will accept full responsibility in paying the full cost of the project. Once Melbourne Fencing Specialists have received the above email, the 50% deposit invoice will be sent to the client for payment before any works can commence.
❖ All goods remain the property of Melbourne Fencing Specialists until paid in full. By accepting your quote, you approve the right to an MFS employee entering your property to remove materials if unpaid for within 14 Days of your final balance invoice being issued.
❖ Quotations remain firm for a period of 30 days from the date given. Any acceptance after this period will be subject to confirmation by Melbourne Fencing Specialists.
❖ Any invoices that aren’t paid within 7 days from date of invoice, will incur a 10% late fee on top of the outstanding amount, compounding weekly until paid in full including the late fee.
❖ If the client has advised Melbourne Fencing Specialists within the two business days of any issues with the final product/s, the 10% late fee will be suspended until the issues are resolved. The balance will then be due within 5 days after confirmation that the issues have been resolved. The final balance invoice will result in a 10% late fee if payment is not made within those 5 days.
DIVIDING FENCES AND NEIGHBOURS
❖ The pre-amendment Fences Act 1968 contains separate processes in relation to construction of a dividing fence (Part I) and maintenance and repair of an existing dividing fence (Part II).
https://www.justice.vic.gov.au/fencing-law-in-victoria
❖ Dividing fence is contributed by the owner and neighbouring properties.
❖ It is up the client to provide fencing notice/s to neighbouring properties allowing up to 30 days before the client can decide to start construction of the fence.
❖ Melbourne fencing specialists upon request can assist clients for $45 per neighbour in posting one registered fencing notice.
❖ Melbourne Fencing Specialists cannot be held liable if the neighbouring owners do not respond or communicate within the 30 days from receiving the fencing notice/s.
❖ The $45 fencing notice fee is non-refundable.
❖ When applicable, it is the client’s responsibility to provide all contact details for their neighbours, this includes ➢ Full name, email, mobile and address.
❖ Without the above details, we cannot issue any 50% deposit invoices to progress the client’s project.
❖ By providing Melbourne Fencing Specialists with your neighbour’s contact information, this confirms that all parties contributing to the project have agreed to the quote, terms & conditions and contact being made throughout the project.
YOUR SITE
❖ The quotation provided is based on the works being conducted on site with no obstructions and is clear of any obstacles.
❖ It is up to the client to provide our contractor/s with full site access, including but not limited to water and power.
❖ In the event where the site is full of obstruction/s, the contractor/s have the right to refuse to continue with carrying out any and all works until the client has rectified the raised obstruction/s. if this causes a sever delay in the commencement and/or completion of the clients project, additional costs may apply.
❖ In the event that the client/s fail to clear or remove obstacle/s from site, additional cost will apply.
❖ All quotations are based on a minimum one metre clearance on the working side of construction. Any increase in construction time due to insufficient clearance will incur a labour variation charge.
This includes:
• Removing and vegetation interfering with the fence line (trimming or removing trees, tree roots, shrubs or vines)
• Removing existing cables, clothes lines, irrigation system, pipes, pots and plants from existing fences or fence lines.
• The above variation charge does not include removal from site or disposal. All items will be left neatly on-site unless the client/s has specifically requested and agreed to in writing a site removal and disposal charge.
❖ Any old fencing, building, plants, temporary fencing or any other obstructions which need to be cleared by Melbourne Fencing Specialists to complete the project, will be charged to the client at a rate of $100 per man hour.
❖ Our contractors are not responsible for any damages to all plants, ornaments, pots and pipes or any other materials within one meter of the working site as a result of the client’s failure to remove the items.
❖ Melbourne Fencing Specialists are not liable for any underground services such as telephone, gas, water, etc.
BEFORE YOU DIG AUSTRALIA
❖ Where applicable, Melbourne Fencing Specialists with apply for the Before You Dig Australia report.
❖ Melbourne Fencing Specialists will not be held liable if the report supplied is not accurate.
❖ The biggest risk to underground services comes with front fences.
PERMITS
❖ It is the client’s responsibility to obtain all permits and supply those permits to Melbourne Fencing Specialists.
❖ If the client wishes to continue with works with no permit, the client will sign a document acknowledging and taking sole responsibility if questioned by the council or any other governing body.
❖ In the event that the client is unable to obtain a permit, Melbourne Fencing Specialists and affiliated contractors have the right to decline any works without penalties until the client can provide all the appropriate permit documents.
BOUNDARIES
❖ PROPERTY LAW ACT 1958 – SECT 272
Margin of error allowed in description of boundaries “From and after the first day of August One thousand eight hundred and ninety the dimensions of the boundaries of any parcel of land as stated in any document of title now made or hereafter to be made relating to such land, or as represented on any plan drawn on and referred to in any such document of title, shall unless such construction is expressly negatived or modified by such document of title or contract be construed as though the phrase “a little more or less” immediately followed and referred to the dimensions so stated or represented; and such phrase shall in all cases whether so implied or expressed be deemed to cover any difference between the dimensions so stated or represented as aforesaid and the actual dimensions of such boundaries as found by admeasurement on the ground, when such difference does not exceed the following limits, that is to say, a limit of 50 millimetres for any one boundary line irrespective of its length where the length does not exceed 40·30 metres, but where it exceeds 40·30 metres a limit equivalent to one in five hundred computed upon the total length of such boundary line. No action shall be brought by reason or in respect of such difference (whether of excess or deficit) where it does not exceed the aforesaid limits; and in any case where such difference does exceed such limits an action for damages or compensation in respect thereof shall lie in respect of such excess only.”
❖ Boundaries are to be obtained by the client and provided to Melbourne Fencing Specialists before the commencement of any works
❖ Clients are to ensure pegs are visible and are in the correct position before commencement of construction.
❖ If the client has no plans to install pegs, the client must supply Melbourne Fencing Specialists with surveyor plans prior to our installation attendance.
❖ For new builds, clients are to provide Melbourne Fencing Specialists with construction issue site plans to ensure the contractor builds the fence accurately on the boundary line/s.
❖ Melbourne Fencing Specialists will accept no claims for construction along or within an incorrect boundary line or area if the clients fail to provide Melbourne Fencing Specialist with site plans or surveyor plans or ensuring pegs are visible on site.
FENCE HEIGHT AND GROUND LEVEL
❖ Fence heights are noted clearly on the quote sheet supplied.
❖ All heights are approximate.
❖ Fence height is measured from bottom of the structure to the top of the fence.
❖ The level of where the fence is getting placed it is at the bottom of the fence, whether is being from the sleeper or plinth.
❖ The height of the fence/s may vary depending on the client’s natural ground level.
❖ Gaps under fences are to be expected. The contractor will determine the best levels and heights onthe day installation.
❖ On the day of installation or days after installation is completed, if client wishes to fill in gaps due to uneven group level, the client can do so at their own additional costs.
❖ Colorbond sleepers should not be used as a retaining wall. The clients Warranty will be voided if an onsite inspection has confirmed sleepers have been used as a retaining wall and the sleepers are warping or cracking.
❖ It is the customers responsibility to consult with their council for front fence height tolerances.
❖ Melbourne Fencing Specialists will always encourage visibility when reversing out of driveways.
❖ Fence heights can vary from council to council, our recommendation is not to exceed 2m’s in height on side and rear boundaries, if you request higher, all liability will be placed with the client/s as per the above Permits wording.
❖ Fences higher than 2100mm high will not be warrantied for wind damages.
FENCE POSITION
❖ The contractor at the time of installation, will determine which side the fence post is to be installed unless specified on the quote sheet between the client and estimator.
❖ The contractor will follow the fencing line as per the existing fence to continue with continuity, unless specified otherwise.
❖ Any last-minute changes to positioning of the post at the time of installation are to be approved by both neighbours by signing a variation form supplied by our contractor or our office. Any delays that do occur due to this will have a variation charged for administration and labour time spent.
GATES
❖ Square gates will be hung level off a post or neighbouring wall if required or within a wing
❖ Positioning of the gate is to be discussed with the estimator on the day of quoting.
❖ Gates come standard with a D-LATCH unless specified otherwise with estimator at the quoting stage.
❖ Any existing gates, wing fences or any attachments will not be reconnected unless specifically requested at the quoting stage. Extra charges will apply if reconnecting is requested. Please note, no warranty will be supplied for reconnecting any existing materials.
JACKHAMMERING
❖ Extra works required on jackhammering unforeseen rocks, concrete or bricks will incur a minimum charge of $50.00 including GST per hole.
❖ The fee varies depending on the degree of difficulties or hours required to expurgated through unforeseen rocks, concrete or bricks.
❖ Once the contractor has been made aware of required jack hammering, our office will advise the client/s of any additional charges and send an email confirming in writing that you have been made aware of the advised additional charges. Client/s are obligated to pay additional fees which will be added to your final balance invoice.
❖ If blasting or hire of equipment is required due to rock or foundations, a hire fee will apply.
• CONCRETE: where it is necessary for concrete to be broken, we will take no responsibility.
• If a hole requires extra cutting extra charges will apply. (New holes may not fall where old holes were).
• Melbourne Fencing Specialists will not fill/top up concrete in old holes unless specifically quoted.
• Melbourne Fencing Specialists does not dispose of any excess or old cut concrete or dirt unless specifically quoted.
• During construction, if our contractor is required to drill or bolt into client’s brickwork, Melbourne Fencing Specialists is not liable for any damages or cracking to brickwork.
DELAYS
❖ Weather – Melbourne Fencing Specialists cannot control the weather conditions and due to this, we cannot control delays. As we are frequently booked out 3 – 8 weeks in advance, we endeavour to meet the original provided dates for clients but unfortunately the weather may play a role in delays. You will be scheduled in the next available installation date, which will usually be within two weeks.
❖ Contractor delays – Melbourne Fencing Specialists cannot control contractor’s delays on previous installations, falling ill or injuring themselves on a previous site. We endeavour to fit you in the next available date, depending on the availability of our other contractors.
❖ Materials Delay- Melbourne Fencing Specialists cannot control material delays from our suppliers. Unfortunately, these unforeseen delays can affect scheduled dates.
❖ Neighbours Delay- (if applicable) Neighbours not responding within 30 days of receiving their fencing notice can delay your installation start date. Neighbours not paying their deposits in a timely matter can delay your start date. Neighbours not agreeing or disputing quote can delay your start date.
❖ Cancellations- Melbourne Fencing Specialists requires 48 hours’ notice for cancellation of a confirmed booking. Cancellations outside these times or on the day of installation may incur a $150.00 material pick up and storage fee.
❖ Melbourne Fencing Specialists is not responsible for any neighbouring delays. It is essential that all neighbours have approved and accepted the quote.
❖ Melbourne Fencing Specialists will not accept any request for discounts due to uncontrollable delays and not completing works by specified date or dates.
❖ Melbourne Fencing Specialists will update clients on any delays as soon as possible.
GUIDELINES
❖ Melbourne Fencing Specialists will take every attempt to comply with estate guidelines.
❖ Clients are responsible for suppling Melbourne Fencing Specialists with their estate guidelines.
❖ Any changes or request to change that are not in the estate guidelines will be the client’s sole responsibility. Melbourne Fencing Specialists take no responsibility for fines or rebuilding of the fence as requested by estates or council.
❖ Front Fences are generally not permitted for new estates. If you wish to proceed with any type of front fence, Melbourne Fencing Specialists takes no responsibility if your council requires fence to be removed or if you are penalized. (Please refer to your estate guidelines.)
TIMBER
❖ Timber is a natural product, splits, cracking, shrinking and warping should be accepted as a normal process to expect during timber settlement. During the warmer weather, the timber will dry out quicker which will cause these issues.
❖ Painting your timber paling fence within 90 days of the installation voids all warranties.
❖ In the event that the client paints the fence prior to the 90 days of waiting, any service calls or replacements of palings, plinths, post etc… will be at the client’s cost.
❖ We do not offer any warranty on lattice extension products as they are a natural product and can be brittle and prone to warping over time.
COLORBOND
❖ ‘Colorbond’ fencing is a term used generically in the fencing industry to describe STEEL PANEL FENCING. Colorbond is a registered trademark for the Colorbond brand, due to colours and availability, Melbourne Fencing Specialists may use ‘Metroll Colorbond’, ‘Metroll SPF’, or ‘Gramline Steel Panel Fencing’. No claim can be made against Melbourne Fencing Specialists if the client expects one brand and receives another.
❖ Melbourne Fencing Specialists will only use “Metroll Colorbond” unless specified otherwise, if the client chooses to use another brand, Melbourne Fencing Specialists can and will cancel any job. Our installers and pricing are reflective to Metroll Branded materials only.
❖ Colorbond fencing may need to be stepped or slightly sloped depending on the ground levels and the fall of the land. The contractor will determine this on the day of installation.
❖ Minor scratches can occur during install, scratches are more likely to occur with darker colours such as Woodland Grey, Monument, ironstone etc.
❖ Melbourne Fencing Specialists can supply the client with the appropriate touch up paint at cost price
❖ the client/s final balance invoice payment cannot be withheld due to minor scratches.
❖ It is up to the client/s to confirm and come to an agreement with neighbouring owners on the selected colour and profile for ordering.
❖ Any neighbouring colour dispute is between both neighbours; Melbourne Fencing Specialists is not responsible for Colorbond colour and profile chosen.
❖ All Colours and Profiles once signed off will be ordered, any alteration to the choices will result in potential additional charges and will experience supplier delays.
❖ It is the client’s responsibility to choose their colours and profiles and have final colour match. The team will do their best to assist where we can.
CLAIMS
❖ All claims must be in writing with photos supplied, within 2 days of completion of works
❖ If Melbourne Fencing Specialists attends your property and it is concluded that the error, damage or fault is self-inflicted or vandalism, the client will be charged a $360inc GST callout fee.
WARRANTY
Thank you for your interest in the products and service of Melbourne Fencing Specialists. This warranty applies to physical goods and only physical goods purchased from Melbourne Fencing Specialists.
This warranty covers any defects in material or workmanship under normal use during the warranty period.
During the warranty period Melbourne Fencing Specialists will repair or replace at no charge products or parts of a product that proves defective because of improper material or workmanship under normal use and maintenance.
Melbourne Fencing Specialists will either repair the product at no charge or install new replacement parts.
The warranty period for physical goods purchased from Melbourne Fencing Specialists and workmanship is 12 months from the date of installation.
If our technicians attend site to conduct a service call outside the 12-month warranty period, a 1-hour service call fee of $360inc GST is charged to the client plus the cost of any required materials.
If our technicians attend site within the 12-month warranty period and confirm that the product built was vandalised, misused or damaged in anyway, a 1-hour service call fee of $360inc GST is charged to the client plus the cost of any required materials.
A replacement physical good or part assumes the remaining warranty of the original physical goods or 1 year from the date of replacement or repair whichever is longer.
This limited warranty does not cover any problem that is caused by:
• Conditions, malfunctions, slamming in the wind or damage not resulting from defects in material or workmanship. Due to timbers nature, over time the product can shrink, warp and split, during the workmanship of your installation we will construct to minimise any warping and movement, however this is not a guarantee. Any timber paling fences painted during the first 90 days of install will void the warranty, after 90 days any timber fence painted to only one side and not the other side will void the warranty.
To obtain your warranty service you must first contact us to determine the problem and the most appropriate solution for you.
Thank you for choosing Melbourne Fencing Specialists for you fencing/gate needs.
Melbourne Fencing Specialists
1300 88 89 90
ABN: 22 403 727 932
Head Office: 1/37 Yazaki Way, Carrum Downs VIC 3201
Factory: Coburg 3058
www.melbournefencingspecialists.com.au
