Terms and Conditions
Terms and Conditions QUOTES/ TERMS OF PAYMENT :
1.Upon acceptance of the Quotation, you and if applicable, your neighbour, will be required to make payment of 50% of your invoice before installation can be scheduled.
2. The balance of the quote price becomes due and payable immediately upon completion of the Works.
3.If the client has decided to pay for the full cost of the quote, Melbourne Fencing Services PTY LTD is not liable to retrieve the remaining balance from neighbours once works has been completed. It is the sole client’s responsibility to retrieve those funds.
4.A form will need to be signed by the client to accept paying the full cost and approved by Melbourne Fencing Services PTY LTD before works can commence.
5.All goods remain the property of Melbourne Fencing Services PTY LTD 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 7 days of completion.
6. 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 Services PTY LTD
7.Any invoices that are overdue by 5 working days will incur a 10% late fee on top of the outstanding amount, compounding weekly until paid in full including the late fee.
8.If client has advised Melbourne Fencing Services PTY LTD within the 5 working days of any issues with the final product, 10% late fee will be voided until the issues are resolved. The balance will then be due in 5 days after the issues has been resolved resulting in an overdue late fee if payment is late.
DIVIDING FENCES AND NEIGHBOURS
1.The pre-amendment Fences Act 1968 contained separate processes in relation to construction of a dividing fence (Part 1) and maintenance and repair of an existing dividing fence (Part II).
https://www.justice.vic.gov.au/fencing-law-in-victoria
2.Dividing fence is contributed by the owner and neighbouring properties.
3.It is up the client to provide fencing notice to neighbouring properties allowing up to 30 days before client can decide to start construction of fence.
4.Please note, Melbourne Fencing Services PTY LTD will assist clients for $45 per neighbour in posting up to 2 registered fencing notice.
5.Melbourne Fencing Services PTY LTD is not accountable if the neighbouring owners do not respond or communicate within the 30 days from receiving the fencing notice.
6.Gates come standard with D-LATCH unless specified otherwise with estimator.
7.Any existing gates, wing fences or any attachments will not be reconnected and if so, extra charges will apply. No warranty will be supplied for reattaching existing materials.
JACKHAMMERING
1.Extra works required on jackhammering unforeseen rocks, concrete or bricks will incur a charge of $50.00 including GST per hole. 2.Fee varies depending on the degree of difficulties or hours required to expurgated through unforeseen rocks, concrete or bricks. 3.Contractor or office will advise clients of additional charges, clients are obligated to pay additional fees.
4.If blasting or hire of equipment is required to due to rock or foundations a hire fee will apply.
a. CONCRETE: where it is necessary for concrete to be broken, we will take no responsibility.
b. If a hole requires extra cutting extra charges will apply. (New holes may not fall where old holes were).
c. Melbourne Fencing Services PTY LTD will not fill/top up concrete in old holes unless specifically quoted.
d. Melbourne Fencing Services PTY LTD does not dispose of any excess or old cut concrete or dirt unless specifically quoted.
e. If request is made after installation is completed, clients are obligated to pay disposal fee.
f. During construction, if our contractor is required to drill or bolt into client’s brickwork, Melbourne Fencing Services PTY LTD is not liable for any damages or cracking to brickwork.
DELAYS
1. Weather – Melbourne Fencing Services PTY LTD cannot control the weather conditions and due to this, we cannot control delays. We are generally booked out 3 weeks in advanced, any promised dates we try to meet those 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.
2. Contractor delays – Melbourne Fencing Services PTY LTD cannot control contractor’s delays on
previous installation. Contractors falling ill or injuring themselves on previous site.
FENCE HEIGHT AND GROUND LEVEL
1.Fence heights are evident on the quote sheet supplied.
2. All heights are approximate.
3. Fence height is measured from bottom of the structure to the top of the fence.
4.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.
5. The heights of the fence may vary depending on client’s natural ground level. * Gaps under fences should be expected. The contractor will determine the best levels and heights on the day installation.
6.On the day of installation or days after installation is completed, if client wished to fill in gaps due to group level, clients will need to cover additional costs.
7. Colorbond sleepers should not be used a retaining wall. 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.
8.It is the customers responsibility to consult with their council for allowable front fence height. Melbourne Fencing Services PTY LTD will always encourage visibility when reversing out of driveways.
9. Fence heights can vary from council to council, generally our recommendation is not to exceed 2m’s in height on side and rear boundaries, if you request higher, the liabilities will lie with you the customer.
10.Fences higher than 2100mm high will not be warrantied for wind damages.
FENCE POSITION
1.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.
2.The contractor will follow the fencing line as per the existing fence to continue with continuity.
3.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, Melbourne Fencing Services PTY LTD is not liable for the time frame of when fence completed.
GATES
1.Square gate will be hung level off post or neighbouring wall if required or within a wing * Positioning of gate to be discussed with estimator on the day of quoting.
2. $45 per neighbour is non-refundable.
3.Ultimately it is the client’s responsibility to provide all contact details for their neighbours, his includes;
► Full name, email, mobile and address.
4.Without those details we cannot invoice your neighbour and due to this, the neighbour’s share will be kept in the client’s name.
5. By giving Melbourne Fencing Services PTY LTD your neighbour’s details, this ensures all parties contribute to the deposits and are happy to proceed with contact.
YOUR SITE
1.The quotation provided is based on the works being carried out on site with no obstructions and is clear of any obstacles.
2.It is up to the client to provide our contractor full site access.
3. In the event where site is full of obstruction, the contractor has the right to refuse to continue with carrying out any works. Penalties will apply.
4.In the event clients fail to clear or remove obstacles from site, additional cost will apply.
5.The quotation is based on a minimum 1 metre clearance on the working side of construction. Any increase in construction time due to insufficient clearance will be charged for at a rate of $60 per man hour.
This includes,
a.Removing and vegetation of fence line (trimming or removing trees, shrubs or vines)
b.Removing existing cables, clothes lines, irrigation system, pipes, pots and plants from existing fence.
c.This does not include, removal from site or disposal. All items will be left neatly on site unless disposal charges are including in your quote.
6.Any tree roots, old fencing, building, plants, temporary fencing or other obstructions which need to be cleared by us to complete the construction, will be charged for at the rate of $60 per man hour.
7.Our contractors are not responsible for any damages to all plants, ornaments, pots and pipes or any other materials within 1 meter of the working site as a result of the client’s failure to remove items.
8. Melbourne Fencing Services PTY LTD are not liable for any underground services such as telephone, gas, water, etc. Client is to supply Melbourne Fencing Services PTY LTD with dial before you dig report.
DIAL BEFORE YOU DIG
1.It is solely the responsibility of the customer to supply Melbourne Fencing Services PTY LTD with a Dial Before you Dig report.
2.Any damages caused to underground services will be the customers responsibility if a report is not supplied.
3.Melbourne Fencing Services PTY LTD will not be held liable if the report supplied is not accurate.
4. The biggest risk to underground services comes with front fences.
PERMITS
1.It is the client’s responsibility to obtain a permit and supply those permits to Melbourne Fencing Services PTY LTD.
2.If the client wishes to continue with works with no permit, the client acknowledges all responsibilities will lay with them if questioned by the council.
3. In the event, the client is unable to obtain a permit the contractor and Melbourne Fencing Services PTY LTD has 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.
1.Boundaries are to be obtained by the owner before the commencement of works.
2.Clients are to ensure pegs are visible and are in the correct position before commencement of construction.
3.If no pegs are visible, the client is to supply Melbourne Fencing Services PTY LTD with surveyor plans.
4.For new builds, clients are to provide Melbourne Fencing Services PTY LTD with site plans to assist the contractor with boundary lines. 5.Melbourne Fencing Services PTY LTD 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 will try our best to fit you in the next available date, depending on availability of our other contractors.
6.Materials Delay- Melbourne Fencing Services PTY LTD cannot control material delays from oursuppliers, unfortunately these delays will affect scheduled dates and promised dates.
7.Neighbours Delay- Neighbours not responding within 30 days of receiving their fencing 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
8.Cancellations- Melbourne Fencing Services PTY LTD required 48 hours’ notice for cancellation. Cancellations outside these times or on the day of installation will incur a $120.00 material pick up and storage fee.
Melbourne Fencing Services PTY LTD is not responsible for any neighbouring delays as we need all neighbours to approve and accept the quote. Refer to Quotes/ Terms of payment.
Melbourne Fencing Services PTY LTD will not accept any request for discounts due to uncontrollable delays and not completing works by specified date or dates.
Melbourne Fencing Services PTY LTD will update clients on any delays as soon as possible.
GUIDELINES
1.Melbourne Fencing Services PTY LTD will take every attempt to comply with estate guidelines.
2. Clients are responsible for suppling Melbourne Fencing Services PTY LTD their estate guidelines.
3. Any changes or request that aren’t in the estate guideline will be the client’s sole responsibility. Melbourne Fencing Services PTY LTD take no responsibility for fines or re building of fence as requested by estates or council.
4.Front Fence are generally not permitted for new estates. If you wish to proceed with any type of front fence, Melbourne Fencing Services PTY LTD takes no responsibility if your council requires fence to be removed or if you are penalized. (Please refer to your estate guidelines.)
TIMBER
1.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.
2. Painting your timber paling fence within 90 days of installation voids any warranties.
3. In the event client’s paints 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.
COLORBOND
1.’Colorbond’ fencing is a term used generically in the fencing industry to describe STEEL PANEL FENCING. Colorbond is actually a registered trademark for the Colorbond brand, due to colours and availability MFS may use ‘Metroll Colorbond’, ‘
Metroll SPF’, or ‘Gramline Steel Panel Fencing’. No claim can be made against Melbourne Fencing Services PTY LTD where client expects one brand and receives another.
2.Melbourne Fencing Services PTY LTD will only use Metroll Colorbond unless specified otherwise, in the event the client chooses to use another brand, Melbourne Fencing Services PTY LTD can and will cancel any job. Our installers and pricing is relevant to Metroll Branded materials only.
3.Colorbond fencing may need to be stepped or slightly sloped depending on the ground levels and fall of the land. The contractor will determine this on the day of installation.
4.Minor scratched can occur during install, scratched are more like to occur with darker colours such as, Wooland Grey, Monument, ironstone etc.
5.Melbourne Fencing Services PTY LTD can supply client with a touch up paint at cost price.
6.Final balance cannot be withheld due to minor scratches.
7. It is up to the client to confirm and come to an agreement with neighbouring owners on the selected colour and profile for ordering. 8. Any neighbouring colour dispute is between both neighbours, Melbourne Fencing Services PTY LTD is not responsible for Colorbond colour and profile chosen.
9. 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.
10 .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, if possible, within 7 days of completion of works- charges may apply
Thank you for your interest in the products and service of Melbourne Fencing Services PTY LTD. This warranty applies to physical goods and only physical goods purchased from Melbourne Fencing Services PTY LTD. This warranty covers any defects in material or workmanship under normal use during the warranty period. During the warranty period Melbourne Fencing Services PTY LTD 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 Services PTY LTD will either repair the product at no charge using new replacement parts. The warranty period for physical goods purchased from Melbourne Fencing Services PTY LTD is 1 year from the date of purchase. 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 warranty service you must first contact us to determine the problem and the most appropriate solution for you. Thank you for choosing Melbourne Fencing Services PTY LTD for you fencing/gate needs.
