41 Fencing LLC - Terms and Conditions

Payment of deposit or final invoice signifies acceptance of terms and conditions below:

Definitions

41 Fencing LLC is referred to as the “Contractor.” Person/Persons/Company who has accepted Quotation/Estimate is the “Customer”. Lessee/Manager/Boundary Neighbor who act on behalf of the “Customer” are referred to as their “Agents”. All parties are the “Contractor” & “Customer” or their “Agent”.

1. The Estimate/Quotation:

If an estimate is given by the “Contractor”, that estimate is nothing more than an indication of the cost of the work, and the final cost of the work may vary from the estimate. If a quotation is given, that quotation is a firm price, which will not be altered during its currency unless:

• The customer requests changes to the work

• There are delays in the work being undertaken which are not directly attributed to the "Contractor" during which time material, labor, or transport costs alter significantly

2. Acceptance:

The quotation/estimate is made out to the “Customer” who is responsible for authorizing the work and payment of the job. If the “Customer” or “Agent” wishes the work to proceed, the estimate/quotation must be accepted from the email and by returning a signed copy of these Terms and Conditions. Signing indicates acceptance of these conditions.

3. Scope of Work:

The estimate/quotation is confined to the work described. If any additional work is required, or there are changes to the work originally specified, that additional work or those changes are requested to be made in writing by the “Customer” or “Agent”, otherwise the “Customer” agrees that

their verbal instructions constitute authorization to engage in further work. The “Customer” or “Agent” may request the “Contractor” to issue a

variance with Rates.

4. Boundary Work:

It is advisable that both boundary neighbors are in agreeance and it is up to the “Customer(s)” to sort out any issues, including access and reach

agreement for the work to proceed. In the instance of a boundary quotation/estimate the “Customer” who contracts the work is liable for payment. If the Invoice is to be split between two parties, this needs to be made clear to the “Contractor” prior to work starting and this does not exclude

the “Customer” who contracts the work from liability of payment. Furthermore, if there is a discrepancy prior to the start of the contract the “Contractor” must be advised otherwise the “Customer” who instigated the work will be held liable for payment in full.

5. Consents:

The “Customer” shall obtain all necessary consents and permits to enable the work to proceed, including checking for underground utility lines.

6. Health & Safety:

The “Contractor” maintains safe work practices and requests “Customer” to indicate any known services or likelihood of the locations. Also requested are any known risks and hazards. Compliance by “All parties” is designed to protect “All parties” in the instance of an accident/incident.

7. Ownership of Materials:

The “Contractor” retains ownership of all materials supplied until the account is paid in full. The “Contractor” shall be entitled to remove all materials incorporated in the work to the value of the outstanding amount of the invoice should the “Customer” fail to meet their payment obligations.

8. Payment:

Unless otherwise stated

• A 50% deposit is required to book work; For projects estimated at over $25,000, 50% will be due for deposit, an additional 25% will be due at 75% completion of project, and remaining balance will be due at full completion of project.

• Balance is payable on completion of job and receipt of invoice. Balances not paid within 30 days will incur a 21% APR fee.

• Any queries regarding the account must be made within 5 working days of the Invoice date.

9. Responsibility of payment:

While the quotation/estimate is made out to the “Customer” who is responsible for authorizing and guaranteeing payment of the job, in the situation of an “Agent” any acceptance of the original quotation/estimate or variances to the original quote by the “Agent” is seen as acting on behalf of the “Customer” and shall be deemed as being legally binding to the terms and conditions, nor will it alter the “Customers” obligations of payment.

10. Nonpayment of Accounts:

The “Contractor” reserves the right to charge an additional five (5)% handling fee plus interest at the overdraft facility rate will be charged on any outstanding accounts. All legal and processing costs incurred recovering payment will be added to the overdue amount. Also refer Clauses 7,8,9 & 14.

11. Entry:

The “Customer” hereby irrevocably authorizes the “Contractor” to enter the “Customer’s” land and necessary buildings for the purpose of completing the work. This authority also extends to the removal of any materials pursuant to Clause 7.

12. Defects period:

Unless otherwise stated, the “Contractor” has a defects period of one year against workmanship. This does not include damage caused by livestock, vehicles, vegetation, floods or weather-related incidents, acts of God or any other event beyond the control of the “Contractor”.

13. Errors or Omissions:

The “Contractor” shall not be held liable for errors or omissions arising from an oversight or misinterpretation of the “Customers” or their “Agents” verbal instructions.

14. Additional Entitlements:

The “Contractor” shall be entitled to:

• Decline to commence work until all conditions to be fulfilled by the customer to the commencement of work have been fulfilled.

• Cancel this contract if the customer shall fail to promptly perform any of “Customers” obligations under this contract.

• Claim any fees, charges, in collecting any overdue monies charged by any debt collection agency in the recovery of any outstanding debts.