Terms and Conditions

Terms & Conditions

Emania Fencing, all agreements are between Emania Fencing and the client named on the quotes/Invoices. Emania Fencing will not communicate/deal with neighbours or and third parties. This includes any chasing of payments or dealing with disputes.

Name on the quote can not be changed after work has commenced. 

TERMS OF PAYMENT

·  50% deposit is to be paid on commencement of work ( First Instalment ) the remaining balance MUST be paid immediately on the completion of work, Late payment will incur a late fee. 

 Completion date estimate 14 days from deposit.

·  Method of Payments , Direct transfer, Cash or Credit Card ( Credit card details are processed securely and no card details stored )

·  All details collected by Emania Fencing ( i.e.: name, address, phone numbers , etc ) will not be passed on to any other parties.

·  All Credit card payments will  incur a 1.8% surcharge  

• If the Client:- cancels the Agreement, repudiates the Agreement; or breaches any of the terms of the Agreement, prior to the completion of the Works, the Client is to pay to Emania Fencing the cost of any Goods which Emania fencing has purchased for the Works in addition to a proportion of the Contract Price equal to the proportion of Works completed as determined by Emania Fencing.
• Emania Fencing retains title to the Goods supplied while any money remains outstanding
• Special Orders – All special orders that require to be order / manufactured (such as Pool Perf) by Emania Fencing will incur a 60% deposit paid before any orders are placed.  Special orders take approximately 4 weeks to manufacture. Allow 1 week to be installed and completed. Full payment is required on competition . Completion date estimated 6 weeks from time of deposit. 

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 

DIVIDING FENCES

• If the Works relate to a Dividing Fence, the Client acknowledges that the Client may seek contribution from the Neighbour for the costs associated with the repair or replacement of the Dividing Fence subject to the provisions of the
• Emania Fencing will not communicate with the Neighbour and or anyone not stated on the quotation/invoice.
• The Client hereby indemnifies and will keep Emania Fencing harmless against any and all Claims which may be made by the Neighbour, or any third party, against Emania Fencing in respect of Works which relate to a Dividing Fence.

SITE

• The Quotation is based on the Works being carried out the Site unobstructed and clear.
• Prior to commencement of the Works, the Client must:-
• clear any obstructions at the Site; and
• provide Emania Fencing with full access to the Site.
• In the event that the site is obstructed, Emania Fencing reserves the right to refuse to carry out the Works without penalty to Emania Fencing.
• In the event that the Client fails to remove obstructions, including, without limitation, service facilities, electrical cables, telephone cables, gas pipes, water pipes, stormwater pipes and sewerage pipes, the Client hereby indemnifies Emania Fencing against any Claims made by any person or authority in respect of any damage sustained to the uncleared obstruction.
• Emania Fencing accepts no responsibility for the absence of any concealed, or subterranean, obstructions such as, without limitation, rock, wire, pipes, tree roots, broken posts, foundations, thick or reinforced concrete and the Client agrees to pay Emania Fencing the costs of removal of concealed, or subterranean, obstructions, which costs will be in addition to the Contract Price.
• The Client is liable to remove, or otherwise protect, all plants, ornaments, pipes and other materials at the Site which may be damaged during the Works.
• Emania Fencing  accepts no responsibility for damage occurring as a result of the Client's failure to remove, or adequately protect, the Client's property. 
• Upon completion of the Works, Emania Fencing will remove from the site any off-cuts, packaging straps, cement bags or other debris related to the Works.

BOUNDARIES

• The Client warrants that the pegs and boundaries are in the correct position for the Works.
• The Client acknowledges that Emania Fencing has not made any representations as to the accuracy of the position of the boundaries or pegs.
• The Client hereby indemnifies and will keep Emania Fencing harmless against all Claims arising from the position of the Works.

ROCK/BRICK/CONCRETE HOLES

·  Emania Fencing  will not be liable for any damages to underground structures ( i.e.: water pipes, sewage pipes, electricity cables or gas pipes ) throughout the course of work. Additional charges will apply if Emania Fencing is required by the customer to fix these items. 

·  Any vegetation ( trees, hedges, plants ) not noted on the quotation that require removal or trimming will incur addition charges. 

·  Rock/Concrete- If rock/concrete is encountered while drilling/digging and requires extra machinery ( jack hammer / core drill ) a min charge will apply $50 per hole ( ex GST )

·  The Contractor will advise the Client of the fee which the Client will be obliged to pay prior to undertaking the coring works.

WARRANTIES

• Emania fencing will only give warranty on workmanship, Not the product.  Products are covered by the supplier.
• Timber Sleepers are not structural materials and may bow and twist at any time. There will be no warranty on any timber product. 

Claims Against Emania Fencing

• The Client may make no claim against the Emania Fencing in respect of the Works unless the Client has:-
• notified Emania Fencing in writing of the complaint setting out:-
• the nature of the complaint; and
• the works required to remedy the Works which are the subject of the complaint;
• provided Emania Fencing with access to the Site to inspect the Works which are the subject of the Complaint; and
• provided Emania Fencing with a period of not less than 14 days to remedy the Works.

VARIATION AND PRIORITY

• Any variation to the Agreement must be in writing and signed by Emania Fencing and the Client.
• If there are any inconsistencies between the Quotation and these Terms and Conditions, the terms set out in the Quotation will take priority over these Terms and Conditions.

SEVERANCE

• If any part of these Terms and Conditions are found to be contrary to any written law then that part of these Terms and Conditions will be read down or severed and the remainder of these Terms and Conditions shall remain in full force and effect.

GUARANTEE

• In addition to any requirement under the Act or any written law with respect to the Works, the Contractor guarantees, for a period of 12 months from the date of completion of the Works, that the Works will be:-
• free from defects; and
• carried out in a proper and workmanlike manner.
• If the Works are not free from defects or not completed in a proper and workmanlike manner the Client must provide to the Contractor written notice of the claim within seven days of the Client becoming aware of the defect or failure of the Contractor to carry out the works in a proper and workmanlike manner.
• The Client must provide access to the Contractor to repair, replace or make good any of the Goods or Services which the Client claims are defective or have not been carried out in a proper and workmanlike manner.
• The Contractor does not warrant or guarantee any goods supplied or services rendered which are outside the scope of the Works and Quotation.

Returns Policy

·  Emania Fencing has a no return policy, if you have chosen the wrong product (e.g. wrong colour, wrong height etc.).

·  It is very rare for the wrong item to be ordered, or packaged or pickup.  But sometimes his can happen due to human error.

·  If you believed you were sent the wrong item, please send a photo of the item(s) and invoice number details on the packaging to us in the contact us section of our website. 

·  If we believe the item isn’t correct to the tax invoice at the time of ordering, we will arrange for the correct item to be replaced.

·  Simply notify us within 7 days of receipt of the delivery or pickup.  Please note that if the incorrect product(s) have been ordered no refund is possible.

Quotes

·  All quotes are valid for 30 days 

·  All expired quotes will be reviewed with any current updated price increase added.

·  All quotes must be accepted in writing via email ( admin@emaniafencing.com )

·  Any quotes accepted by the customer before the expiry date must commence within 2 weeks of that date. 

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