Terms and Conditions

Terms & Conditions

• All Agreements for Works are entered into between Emania Fencing and the Client named on the accepted Quotation and/or Invoice.
• The person or entity named on the accepted Quotation is considered the Client and is responsible for complying with these Terms & Conditions, including all payment obligations under the Agreement.
• Emania Fencing will only communicate and deal with the Client or an authorised representative nominated by the Client and accepted by Emania Fencing in relation to the Quotation, Works, variations, invoices, payments, complaints or disputes.
• Emania Fencing is not responsible for communicating, negotiating or dealing with neighbours, adjoining property owners or other third parties regarding the Works. This includes obtaining approvals, negotiating contributions, resolving disputes, issuing or splitting invoices, or chasing payments from a neighbour or third party.
• Where the Works relate to a dividing or boundary fence, any agreement between the Client and a neighbour or third party regarding the sharing or reimbursement of costs is a private arrangement between those parties and does not form part of Emania Fencing’s Agreement with the Client.
• The Client remains responsible for the full Contract Price and all amounts owing to Emania Fencing, regardless of whether another person, neighbour, property owner, strata manager or third party has agreed to contribute towards the cost of the Works.
• Emania Fencing will not split a single Contract, Quotation or Invoice between different names, entities or property addresses after the Works have commenced.
• The Client name, entity or details shown on the accepted Quotation cannot be changed after the Works have commenced, except where Emania Fencing expressly agrees to the change in writing and where the change is permitted by applicable law.
• A request to change the Client’s name, billing details or responsible party does not transfer or release the original Client from their obligations, including payment obligations, unless Emania Fencing expressly agrees in writing.
• Nothing in this clause excludes, restricts or modifies any rights or obligations that cannot lawfully be excluded, restricted or modified under applicable legislation.

• A 50% deposit is required upon acceptance of the quotation and prior to the commencement of works (First Instalment).
• The remaining balance will be paid by progress payments as agreed during the project, with the final balance due immediately upon completion of the works.
• Emania Fencing reserves the right to issue progress payment invoices at key stages of the project, including but not limited to material ordering, fabrication, delivery, installation, or completion of agreed milestones.
• All invoices are due immediately upon issue unless otherwise agreed in writing.
• Any invoice that remains unpaid 30 days from the invoice date will be considered overdue and a late payment fee will apply.
• The Client may also be responsible for reasonable debt recovery or collection costs incurred by Emania Fencing in recovering overdue amounts, where permitted by law.

Standard projects are estimated to be completed within 14 days from receipt of the required deposit, subject to site conditions, weather, material availability, supplier delays, variations, access and other circumstances outside Emania Fencing’s reasonable control.

All completion dates and timeframes provided are estimates only.

Emania Fencing accepts the following payment methods:

• Direct Bank Transfer (EFT)
• Cash
• Credit Card

Credit card payments are processed securely. Emania Fencing does not store customers’ credit card details.

All credit card payments will incur a 1.8% processing surcharge, subject to applicable law.

Personal information collected by Emania Fencing, including names, addresses, phone numbers and email addresses, will be used for purposes associated with quotations, works, invoicing and customer communication.

Personal information will not be sold or disclosed to unrelated third parties except where required by law or where reasonably necessary for the supply and completion of the contracted works.

If the Client:

• cancels the Agreement;
• repudiates the Agreement; or
• breaches any of the terms of the Agreement before completion of the Works,

the Client agrees to pay Emania Fencing for:

• all goods and materials purchased, ordered or manufactured for the Works;
• all labour and Works completed up to the date of cancellation or breach;
• any non-refundable supplier, manufacturing, freight or delivery charges; and
• any other amounts reasonably owing under the Agreement.

The value of Works completed may be calculated as a proportion of the Contract Price based on the Works completed at that time.

Emania Fencing retains title to goods and materials supplied while any money remains outstanding under the Agreement, to the extent permitted by law.

All special-order or custom-manufactured products, including PoolPerf, custom gates, screens, louvres and other made-to-order products, require a 60% deposit before the order is placed or manufacturing commences.

Special-order products generally require approximately 4 weeks to manufacture, with approximately 1 additional week allowed for installation and completion.

The estimated overall completion timeframe for special-order works is approximately 6 weeks from receipt of the required deposit, subject to manufacturing schedules, supplier availability, site conditions, weather and other delays outside Emania Fencing’s reasonable control.

Once a special order has been placed into production or manufacturing has commenced, cancellation may result in the Client being responsible for the costs already incurred by Emania Fencing.

Any required progress payments must be paid when invoiced, and the final balance is payable immediately upon completion of the Works.

DEFAULT

• The Client is in default of the Agreement if the Client:-
• fails to pay any sum of money by the date upon which it becomes due and payable;
• fails to provide reasonable access to Emania Fencing;
• fails to observe, and perform, any other obligation under this Agreement;
• becomes insolvent.
• Emania Fencing may, immediately terminate this Agreement should the Client default on any term of the Agreement.
• Upon Emania Fencing terminating the Agreement, all moneys then payable under the Agreement become due and payable to the Emania Fencing immediately.
• Emania Fencing is not obliged to refund any deposit paid by the Client if the Client is in default of the Agreement.
• The Client agrees to indemnify Emania Fencing for all costs, including legal costs on a solicitor and own client basis, incurred by Emania Fencing in, or associated with, enforcing the terms of this Agreement arising as a result of the Client's default of this Agreement.
• Interest will accrue at the Rate of Interest, on a daily basis, on any sum which the Client fails to pay when that sum becomes due and payable under the Agreement.
• The Client authorises Emania Fencing to enter upon the Client's Land to recover and remove Goods to which Emania Fencing retains title pursuant.
• All quotes must be signed before work commences.  By signing the quote/s  you are accepting all terms & Conditions 

• Where the Works relate to a dividing or boundary fence, the Client acknowledges that they may be entitled to seek a contribution from the adjoining property owner or neighbour towards the cost of repairing, replacing or constructing the dividing fence, subject to the applicable legislation, including the Dividing Fences Act 1991 (NSW).
• It is the Client’s responsibility to communicate, negotiate and make any necessary arrangements with the adjoining property owner, neighbour, tenant, strata manager, property manager or any other third party regarding the dividing fence and any contribution towards the cost of the Works.
• Emania Fencing will only communicate with the person(s) named on the quotation, contract and/or invoice. Emania Fencing will not negotiate with, obtain approvals from, issue separate quotations or invoices to, or enter into payment arrangements with a neighbour or any other third party unless agreed by Emania Fencing in writing.
• The Client is responsible for obtaining all necessary permissions, approvals and agreements from the adjoining property owner or any other relevant party before Emania Fencing commences the Works.
• Any agreement between the Client and a neighbour or third party regarding the sharing or reimbursement of fencing costs is a private arrangement between those parties and does not alter the Client’s payment obligations to Emania Fencing.
• The Client remains responsible for the full amount owing to Emania Fencing under the accepted quotation or contract, regardless of whether the Client receives a contribution from the neighbour or any other third party.
• To the extent permitted by law, the Client indemnifies Emania Fencing against claims, disputes, losses, costs or liabilities arising from a neighbour or third party in connection with the dividing fence where those matters arise from the Client’s failure to obtain the necessary authority, consent or agreement before the Works commence.
• Nothing in this clause excludes or limits any rights, obligations or liabilities that cannot lawfully be excluded or limited under applicable legislation.

• The Quotation is based on the Works being carried out at a Site that is clear, safe, unobstructed and reasonably accessible to Emania Fencing, its employees, contractors, vehicles, tools and equipment.
• Prior to commencement of the Works, the Client must:
  • clear all obstructions from the work area;
  • provide Emania Fencing with safe and reasonable access to the Site and work area;
  • ensure gates, driveways and access points required for the Works are available;
  • secure or remove pets and animals from the work area; and
  • identify and advise Emania Fencing of any known underground, concealed or overhead services or hazards that may affect the Works.
• If the Site is unsafe, inaccessible, obstructed or not ready for the Works, Emania Fencing reserves the right to delay, suspend or refuse to commence the Works until the Site has been made safe and accessible.
• Where Emania Fencing is unable to commence or continue the Works due to the Site not being ready, additional costs may apply, including call-out, waiting time, additional labour, travel and rebooking fees.
• The Client is responsible for identifying and advising Emania Fencing of the location of all known services and infrastructure, including but not limited to electrical cables, communications and NBN services, gas pipes, water pipes, irrigation systems, stormwater pipes, sewerage pipes and other underground or concealed services.
• To the extent permitted by law, Emania Fencing will not be responsible for damage to services, structures or other obstructions that were not reasonably identifiable, visible or disclosed to Emania Fencing prior to commencement of the Works.
• The Quotation does not include the removal, excavation or additional work associated with unexpected or concealed site conditions, including but not limited to rock, underground services, tree roots, buried concrete, old or broken fence posts, footings, foundations, reinforced concrete, excessive concrete, buried structures or other subterranean obstructions, unless specifically stated in the Quotation.
• Where concealed or unexpected conditions are discovered, Emania Fencing may stop or suspend the affected Works and advise the Client. Any additional labour, machinery, materials, excavation, removal or disposal required may be treated as a variation and charged in addition to the Contract Price.
• The Client is responsible for removing or adequately protecting any plants, landscaping, ornaments, furniture, pool equipment, irrigation, lighting, paving, structures, personal belongings or other property located within or near the work area.
• Emania Fencing will take reasonable care while carrying out the Works. However, to the extent permitted by law, Emania Fencing will not be responsible for damage to property that the Client was required to remove or protect, or for unavoidable minor disturbance to lawns, gardens, soil, paving or landscaping reasonably associated with carrying out the Works.
• Pets and animals must be safely secured away from the work area before Emania Fencing arrives and for the duration of the Works. If Emania Fencing considers an animal to present a safety risk, Works may be stopped immediately and a rebooking or additional attendance fee may apply.
• Where existing fencing or gates are being removed, the Client acknowledges that the property may be temporarily unsecured during the Works. The Client remains responsible for the supervision and security of children, pets, animals and personal property during this period.
• Upon completion of the Works, Emania Fencing will remove reasonable trade waste generated directly by Emania Fencing, including off-cuts, packaging, straps, cement bags and similar installation debris. Removal of existing fencing, excess soil, concrete, vegetation, landscaping materials or other pre-existing waste is not included unless specifically stated in the Quotation.
• Nothing in this clause excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

• The Client is responsible for ensuring that all property boundaries, boundary pegs, survey marks and nominated fence lines are correctly identified before Emania Fencing commences the Works.
• Emania Fencing will install the fence, gates or associated Works along the boundary or fence line identified, marked, approved or instructed by the Client, unless otherwise agreed in writing.
• Emania Fencing is not a registered land surveyor and does not determine, verify or guarantee the legal location or accuracy of property boundaries, boundary pegs, survey marks or title boundaries.
• Where the exact location of a property boundary is uncertain, disputed or cannot be clearly identified, the Client must arrange, at the Client’s expense, for a registered land surveyor to locate and mark the boundary before the Works commence.
• Emania Fencing reserves the right to delay or suspend the Works where there is uncertainty or a dispute regarding the location of a boundary or proposed fence line until the matter has been resolved by the Client.
• Any costs incurred by Emania Fencing as a result of an incorrectly identified boundary or fence line, including removal, relocation, alteration or reinstallation of fencing, gates, posts or other Works, may be charged to the Client where the Works were installed in accordance with the boundary or fence line provided or approved by the Client.
• The Client is responsible for obtaining any necessary neighbour, property owner, strata, council or other approvals relating to the location of the Works before installation commences.
• To the extent permitted by law, the Client indemnifies Emania Fencing against claims, losses, costs or liabilities arising from an incorrectly identified or disputed boundary or fence line, where Emania Fencing has carried out the Works in accordance with the location or instructions provided or approved by the Client.
• Nothing in this clause excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under applicable legislation.

• The Quotation is based on normal ground and installation conditions unless otherwise specifically stated in the Quotation.
• The Client is responsible for advising Emania Fencing of the location of any known underground, concealed or embedded services, including but not limited to water pipes, sewerage pipes, stormwater pipes, irrigation, electrical cables, communication/NBN cables and gas services.
• To the extent permitted by law, Emania Fencing will not be responsible for damage to underground or concealed services that were not reasonably identifiable, visible, correctly located or disclosed to Emania Fencing prior to commencement of the Works.
• If Emania Fencing is requested to repair, arrange repairs to, or undertake additional Works associated with an unidentified or undisclosed underground service, additional charges will apply, unless Emania Fencing is legally responsible for the damage.
• Any trees, roots, hedges, plants, vegetation, garden structures or landscaping requiring removal, cutting, trimming or modification that are not specifically included in the Quotation will be treated as additional Works and charged as a variation.
• Where rock, brick, concrete, reinforced concrete, existing footings, foundations or other hard materials are encountered during drilling, digging, excavation or installation and additional labour, equipment or machinery is required, additional charges will apply.
• Where a jackhammer, core drill, concrete saw, specialised drill or other additional equipment is required, a minimum charge of $50.00 + GST per hole will apply.
• The $50.00 + GST charge is a minimum charge only. Additional charges may apply where the depth, thickness, reinforcement, access, ground conditions or difficulty of the Works requires additional labour, equipment or time.
• Where reasonably practicable, Emania Fencing will advise the Client of the additional charge before undertaking the additional drilling, coring, excavation or associated Works. The additional Works will be treated as a variation to the Contract Price.
• If the Client does not approve the additional Works or charges required to proceed, Emania Fencing may suspend the affected Works until further instructions are received.
• Any additional costs associated with unexpected site conditions will be in addition to the original Contract Price.
• Nothing in this clause excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under applicable legislation.

WARRANTIES

1. Workmanship Warranty
Emania Fencing provides a 12-month workmanship warranty from the date the contracted works are completed. This warranty applies only to defects directly resulting from the workmanship performed by Emania Fencing.

2. Products and Materials
Emania Fencing’s workmanship warranty does not provide a separate warranty for products, materials, components, hardware, motors, coatings or other goods supplied or installed as part of the works.

Products and materials are subject to the applicable manufacturer’s or supplier’s warranty terms, conditions, exclusions and warranty periods.

Where a product or material is believed to be defective, the warranty claim must be submitted to the relevant manufacturer or supplier in accordance with their warranty requirements. Proof of purchase, receipt and/or the date of installation may be required.

3. Costs Associated With Product or Material Warranty Claims
Unless required by applicable law or agreed otherwise in writing, Emania Fencing’s workmanship warranty does not cover labour or other costs associated with a manufacturer or supplier product warranty claim, including:

• Removal or dismantling of the product or material;
• Delivery, freight or transportation;
• Collection or return of products;
• Reinstallation or replacement labour;
• Site attendance, access or call-out costs; or
• Any additional works required to remove, replace or reinstall a warranted product.

Any such works carried out by Emania Fencing may be quoted and charged separately.

4. Warranty Period
Any workmanship warranty claim must be made within 12 months from the date of completion of the works. Claims made outside this period will not be covered by Emania Fencing’s workmanship warranty, subject to any rights or remedies that cannot lawfully be excluded.

5. Australian Consumer Law
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

• Timber Sleepers are not structural materials and may bow and twist at any time. There will be no warranty on any timber product. 

• If the Client believes that any Works completed by Emania Fencing are defective, incomplete or do not comply with the agreed scope of Works, the Client must notify Emania Fencing as soon as reasonably practicable after becoming aware of the issue.
• All complaints or claims relating to the Works should be provided to Emania Fencing in writing and include:
  • the nature and details of the complaint;
  • the location of the alleged defect or issue;
  • photographs or other supporting information where reasonably available; and
  • the remedy or rectification being requested by the Client.
• The Client must provide Emania Fencing with reasonable access to the Site to inspect and assess the Works that are the subject of the complaint.
• Where Emania Fencing determines that rectification is required and the matter is covered by Emania Fencing’s workmanship obligations or warranty, the Client must provide Emania Fencing with a reasonable opportunity to carry out the necessary rectification Works.
• Unless the matter is urgent or otherwise required by law, Emania Fencing should be provided with at least 14 days from receiving reasonable access and sufficient details of the complaint to inspect, assess and/or commence arranging appropriate rectification.
• The Client must not, where reasonably avoidable, arrange for another contractor or third party to alter, remove, repair or rectify the Works before Emania Fencing has been given a reasonable opportunity to inspect and address the complaint.
• Emania Fencing will not be responsible for the cost of unauthorised third-party repairs or alterations where Emania Fencing was not first provided with a reasonable opportunity to inspect and rectify the issue, except where the Client was reasonably required to take urgent action or where otherwise required by law.
• Any rectification Works undertaken by Emania Fencing will be limited to the area or Works that are reasonably determined to be defective or covered by Emania Fencing’s obligations.
• Claims relating solely to products or materials supplied by a manufacturer or supplier will be dealt with in accordance with the applicable product or supplier warranty provisions and Emania Fencing’s Warranty Terms & Conditions, subject always to the Client’s rights under applicable law.
• Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, statutory warranty, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

• Any change, addition, deletion or alteration to the agreed scope of Works, materials, measurements, design, specifications, quantities, installation method or Site requirements will be considered a Variation to the Agreement.
• Variations may arise from:
  • changes requested by the Client;
  • changes to measurements or design following a final check measure;
  • unexpected or concealed Site conditions;
  • additional Works required to complete the installation;
  • changes required for safety or compliance;
  • changes to materials or products; or
  • circumstances that could not reasonably have been identified when the original Quotation was prepared.
• Where reasonably practicable, all Variations must be approved by the Client in writing before the additional or changed Works are carried out. Written approval may include acceptance by electronic signature, email, SMS/text message or other agreed electronic communication.
• Emania Fencing will advise the Client of any additional charges associated with a Variation where reasonably practicable before proceeding with the affected Works.
• Approved Variations will be added to or deducted from the Contract Price, as applicable, and may affect the estimated completion date.
• Where urgent additional Works are reasonably required to protect the Site, maintain safety, prevent damage or address an unforeseen condition, Emania Fencing may take reasonable steps necessary to make the Site safe before obtaining written approval, where it is not reasonably practicable to obtain prior approval.
• Emania Fencing is not required to undertake any Variation requested by the Client unless the Variation has been accepted by Emania Fencing.

• The Agreement between Emania Fencing and the Client consists of the final Quotation, these Terms & Conditions, any approved Variations, final measurements/check measures, specifications, drawings and any other documents expressly incorporated into the Agreement.
• Where there is any inconsistency, discrepancy or conflict between the documents forming the Agreement, the following order of priority will apply:
  1. Approved written Variations;
  2. Final accepted Quotation issued following the final measurement/check measure;
  3. Final measurements, specifications and approved drawings;
  4. These Terms & Conditions; and
  5. Any other documents expressly incorporated into the Agreement.

• Where an estimated or preliminary Quotation has been accepted or signed before final measurements/check measures have been completed, the Client acknowledges that the pricing, quantities and measurements remain subject to confirmation. Signing the preliminary Quotation confirms the Client’s acceptance of Emania Fencing’s Terms & Conditions, and a final Quotation will be issued following completion of the final measurements/check measure.
• Any approved Variation will take priority over the original or final Quotation only to the extent of the Works, price, specifications or terms specifically varied.
• Except for the specific matter affected by an approved Variation or higher-priority document, all remaining provisions of these Terms & Conditions continue to apply.
• Nothing in this clause excludes, restricts or modifies any rights, guarantees, remedies or obligations that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.

• If any provision, clause or part of these Terms & Conditions is found to be invalid, illegal, unenforceable or inconsistent with any applicable law, that provision will, to the extent permitted by law, be read down or modified so that it is valid and enforceable while preserving its intended effect as far as reasonably possible.
• If the provision cannot be read down or modified, it will be severed from these Terms & Conditions to the minimum extent necessary.
• The invalidity or unenforceability of any provision will not affect the validity or enforceability of the remaining provisions, which will continue in full force and effect.
• Nothing in this clause is intended to exclude, restrict or modify any right, guarantee, remedy or obligation that cannot lawfully be excluded, restricted or modified under applicable legislation.

• In addition to any rights, guarantees or warranties that apply under the Australian Consumer Law, Home Building Act 1989 (NSW), or other applicable legislation, Emania Fencing provides a 12-month workmanship guarantee commencing from the date the Works are completed.
• This guarantee applies only to the workmanship performed by Emania Fencing and covers defects that are directly attributable to Emania Fencing’s installation or workmanship.
• During the 12-month workmanship guarantee period, Emania Fencing will, where reasonably determined to be responsible, repair or rectify defective workmanship within a reasonable period.
• The Client must notify Emania Fencing in writing as soon as reasonably practicable after becoming aware of an alleged defect and provide reasonable details of the issue, including photographs where available.
• The Client must provide Emania Fencing with reasonable access to the Site to inspect, assess and, where applicable, repair or rectify the alleged defective workmanship.
• The Client must provide Emania Fencing with a reasonable opportunity to inspect and rectify the Works before engaging another contractor to undertake repairs or alterations, except where urgent action is reasonably required or otherwise provided by law.
• This 12-month workmanship guarantee does not provide a separate Emania Fencing warranty for products, materials, hardware or components supplied or installed as part of the Works. Product and material warranties are subject to the applicable manufacturer’s or supplier’s warranty terms and conditions, subject always to any statutory rights or obligations that apply.
• Unless required by applicable law, Emania Fencing’s workmanship guarantee does not cover costs associated solely with a manufacturer or supplier product warranty claim, including removal, freight, delivery, collection or reinstallation of the product.
• The workmanship guarantee does not apply to defects or damage caused by matters outside Emania Fencing’s workmanship, including misuse, neglect, accidental or deliberate damage, impact, unauthorised alterations or repairs, movement of the ground or structures, natural deterioration, lack of maintenance, extreme weather events, or acts or omissions of third parties, except to the extent Emania Fencing is responsible under applicable law.
• This 12-month workmanship guarantee is an additional contractual guarantee provided by Emania Fencing. It does not exclude, restrict or replace any statutory warranty, consumer guarantee, right or remedy available to the Client that cannot lawfully be excluded or limited.The Contractor does not warrant or guarantee any goods supplied or services rendered which are outside the scope of the Works and Quotation.

• Emania Fencing does not accept returns, exchanges or refunds for change of mind or incorrect product selections made or approved by the Client, including but not limited to incorrect colour, height, style, design, dimensions, finish or quantity.
• The Client is responsible for carefully checking all products, colours, measurements, quantities, specifications and finishes shown on the Quotation before accepting the order.
• Products that have been custom-made, cut to size, fabricated, powder coated, specially ordered or manufactured specifically for the Client cannot be returned or exchanged for change of mind or incorrect selection once the order has been placed into production.

• While Emania Fencing takes reasonable care when ordering, manufacturing, collecting and supplying products, errors may occasionally occur.
• If the Client believes that an item supplied does not match the product specified on the accepted Quotation, final order or tax invoice, the Client must notify Emania Fencing as soon as reasonably practicable and preferably within 7 days of delivery or collection.
• The Client should provide:
  • the relevant Quotation or invoice number;
  • photographs of the product;
  • photographs of any product labels or packaging; and
  • details explaining the discrepancy.
• Emania Fencing will review the claim against the accepted order and relevant documentation.
• Where Emania Fencing has supplied or ordered an item that does not correspond with the Client's accepted order, Emania Fencing will arrange an appropriate remedy, which may include replacement of the incorrect item, subject to applicable law.

• Where the product supplied correctly matches the colour, dimensions, style, quantity, specifications or other details approved by the Client, but the Client subsequently determines that they selected or approved the wrong product, Emania Fencing is not required to provide a refund, return or exchange for change of mind, subject to applicable law.
• Any costs associated with ordering replacement products due to an incorrect Client selection or approval, including manufacturing, materials, freight, delivery, removal and reinstallation, will be the Client's responsibility.

• Nothing in this Returns Policy excludes, restricts or modifies any consumer guarantee, statutory right or remedy available under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified.

• All Quotations issued by Emania Fencing are valid for 30 days from the date of issue, unless otherwise stated on the Quotation.
• Any Quotation that has expired will be subject to review and re-pricing. Emania Fencing reserves the right to apply any increases in material, manufacturing, supplier, freight, labour or other costs before reissuing the Quotation.
• Acceptance of an estimated Quotation within the 30-day validity period does not guarantee that supplier or material pricing will remain unchanged where delays outside Emania Fencing’s reasonable control occur before ordering or commencement.

• All Quotations must be accepted and signed online through Emania Fencing’s electronic quotation system.
• Verbal acceptance, email correspondence, SMS messages or other communications do not replace the requirement to formally accept and sign the Quotation online, unless otherwise agreed by Emania Fencing in writing.
• By accepting and signing a Quotation online, the Client acknowledges that they have read, understood and accepted Emania Fencing’s Terms & Conditions.

• Unless expressly stated otherwise, all Quotations provided before a final site measurement/check measure are estimates only and are based on the information, measurements, photographs, plans, drawings and specifications available to Emania Fencing at the time the Quotation is prepared.
• Where the Client signs an estimated Quotation before the final site measurement/check measure has been completed, the Client’s signature confirms acceptance of Emania Fencing’s Terms & Conditions and the proposed scope of Works, but does not constitute acceptance or confirmation of the final Contract Price.

• A final site measurement/check measure is required before the final Quotation and Contract Price can be confirmed.
• Following the final check measure, Emania Fencing may adjust the Quotation to reflect actual measurements, quantities, site conditions, access requirements, design changes, installation requirements, materials, compliance requirements or any difference between the original information supplied and the conditions identified at the Site.
• Any additional angles, panels, posts, materials, fabrication, labour, equipment or Works identified during the final check measure may result in an increase to the estimated price. Where the final requirements are reduced, the price may also be adjusted accordingly.
• Once the final measurement/check measure has been completed, Emania Fencing will issue a final Quotation for the Client’s approval.
• The final Quotation must be accepted and signed online before ordering, manufacturing or Works proceed, unless otherwise agreed in writing by Emania Fencing.

• Where a Quotation has been accepted within its validity period, the Client must be ready for the Works to commence within 2 weeks of acceptance, unless another commencement timeframe has been agreed in writing.
• If the Client delays the commencement of the Works beyond this period, Emania Fencing reserves the right to review the Quotation and apply any increases in material, supplier, manufacturing, freight, labour or other costs that have occurred as a result of the delay.
• Commencement and completion dates provided by Emania Fencing are estimates only and may be affected by final measurements, deposits, material availability, manufacturing lead times, weather, Site conditions, access, variations and other circumstances outside Emania Fencing’s reasonable control.

• No materials or special-order products will be ordered and no manufacturing will commence until the final Quotation has been accepted and the required deposit or progress payment has been received, unless otherwise agreed by Emania Fencing in writing.
• Special-order and custom-manufactured products are also subject to Emania Fencing’s Special Orders and Returns Policy.

• Nothing in this clause excludes, restricts or modifies any consumer guarantee, statutory right, remedy or obligation that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.