Terms and Conditions
STANDARD FENCING CONTRACT
TERMS AND CONDITIONS
All our quotations are subject to the following conditions. Acceptance of our quotation implies acceptance of these terms and conditions.
(1) RESPONSIBILITY FOR PAYMENT
Payment of the whole price is the responsibility of the original client who initiated the contract. Where FenceWorks Limited or it’s agents orders materials to fulfil this contract and the client cancels the contract, the client 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 client on completion of work and receipt of invoices.
(2) DEFAULT OF PAYMENT
Failure to comply with payment terms will void the warranty and incur penalty interest of 10% after the first 7 days and 2% for every month thereafter that the debt remains outstanding . The client agrees to reimburse FenceWorks Limited for any costs (legal or otherwise) incurred in enforcing payment.
(3) ELECTRICITY AND WATER SUPPLY
The client shall supply electricity and water at all times during construction. In the event that the power and water are not supplied any extra cost incurred, including generator hire, cartage, loss of time or additional labour shall be payable by the client.
(4) CLIENT CONTACTABLE
FenceWorks Limited may need to contact the client to ascertain construction options (If not already done so) or to consult the client on problems that have become apparent after commencement. FenceWorks Limited must be able to contact the client once the job has commenced should the need arise. If we cannot contact the client FenceWorks Limited will use it’s own judgement as to how to handle the issue.
(a) This quotation is, unless shown herein, based on construction of unobstructed areas.
(b) Unless otherwise provided in this quotation, the owners shall clear all obstructions
and provide a clear working area and access. If the owners fail to remove
obstructions then costs for removal shall be payable by the client at $50 per labour
hour (+ gst) plus any costs for equipment.
(c) The client shall be responsible for locating and notifying FenceWorks Limited in
writing prior to construction of the position of all underground obstructions including
electrical and telephone cables, gas, water, stormwater and sewerage pipes and any
other service facility which is or may be effected by the construction and shall
indemnify FenceWorks Limited and it’s agents against any claims and demands
made by any person or authority in respect of any damage.
(d) The owners shall remove or protect al plants, ornaments, pipes etc. that may
damaged. FenceWorks Limited shall exercise all care but accept no responsibility.
(e) Damage to service facilities such as electrical and telephone cables, gas, water
stormwater or sewerage pipes is a risk of building a fence. While FenceWorks
Limited exercises all care it accepts no responsibility for such damage. Any costs
to rectify such damage incurred by FenceWorks Limited shall be reimbursed by the
(6) UNDERGROUND OBSTRUCTIONS
No allowance has been made for underground obstructions such as, but not limited to rocks and tree roots. We allow 5 minutes per posthole with a mechanical post-hole borer. Any additional time required will be charged to the client at $50 per hour (+ gst).
Unless otherwise provided in this quotation it is the owner’s responsibility to obtain any necessary permits.
All pegs and boundaries are to be marked by the owners who shall continue to be responsible for the position of the fence and any other claims arising there from.
(9) FENCE HEIGHT AND GROUND LEVEL
All heights of fences as shown shall be nominal only and fences shall be constructed from standard construction components that shall yield the closest heights under that nominated. The fence height may vary in relation to the undulation of the land along the fence line. All fence heights shall be measured from the bottom of the palings or pickets as the case may be to the top of the fence. Gaps may appear at the bottom of the fence and FenceWorks Limited may fill in these gaps at an additional cost.
(10) SITE CLEAN UP
FenceWorks Limited will remove any off-cuts, packaging straps, cement bags on completion. However we do not remove excess soil generated from excavations. FenceWorks Limited does not provide for the removal of old fencing unless expressly provided for in the quotation. Removal of old fencing (if specified) involves cutting posts off at ground level.
If any part of these terms and conditions are found to be contrary to any New Zealand law or regulation then only that part of these terms and conditions shall fail and the balance of these terms and conditions shall remain in force.
Additional to any statutory requirements all fencing erected under this contract is guaranteed by FenceWorks limited for a period of 5 years against defects in quality of workmanship and materials subject to the following: Unless expressly provided for, timber gates are guaranteed for 3 months for workmanship only; For fences made with dressed timber the client must paint the fence with an oil based primer and two top coats immediately after installation for the guarantee to be valid; This guarantee covers any major warping and / or failure of materials, as timber is a natural product some minor movement must be expected. Claims must be lodged in writing within seven days of first appearing, to FenceWorks Limited in the first instance. FenceWorks Limited reserves the right to repair, replace and make good any materials and labour to fulfil this guarantee.