Terms of Service

1. Quotations and Estimates

• All quotations provided by us are valid for thirty (30) days from the date of issue unless otherwise stated in writing.
• Quotations are based on the information and site conditions known to us at the time of preparation. Where site inspection reveals conditions not reasonably apparent at the time of quoting (such as rock, unsuitable soil, hidden structures, or unmarked services), we may submit a revised quotation or variation for your approval before proceeding.
• Verbal estimates and budget indications are not binding. Only written quotations accepted in accordance with clause 2 form a contract.

2. Acceptance and Formation of Contract

• A contract is formed when you accept our written quotation by signature, written confirmation, or payment of any deposit requested.
• The contract comprises the accepted quotation, any approved variations, and these Terms. Where there is an inconsistency, the quotation prevails to the extent of the inconsistency, except where these Terms cannot be excluded by law.
• We reserve the right to decline any engagement at our discretion.

3. Pricing and GST

• All prices are quoted in Australian dollars (AUD) and include GST where applicable, unless expressly stated otherwise.
• Prices may be adjusted to reflect increases in material, supply, or freight costs occurring between acceptance and delivery where the quotation expressly reserves that right.

4. Payment Terms

• A deposit may be required before materials are ordered or work commences. The deposit amount will be stated on your quotation.
• Progress payments may be required for larger projects in accordance with the schedule set out in the quotation.
• The balance is payable on practical completion of the works or as otherwise stated in the quotation.
• Payment must be made by the methods stated on our invoice by the due date shown.
• If you fail to make payment by the due date, we may suspend work (including outstanding rectification) and recover reasonable costs of recovery, to the extent permitted by law.

5. Variations

• Any change to the scope, materials, alignment, height, or finish of the agreed works must be agreed in writing as a variation before it is carried out.
• Variations may affect the contract price and completion time, and will be documented for your written approval.
• We will not proceed with an unapproved variation except where reasonably necessary to make the works safe or to prevent damage, in which case we will notify you as soon as practicable.

6. Client Responsibilities and Site Access

• You must provide safe, reasonable, and unobstructed access to the work area during agreed working hours, including access for materials and machinery where required.
• You are responsible for clearing the work area of obstacles, vehicles, garden items, and hazards prior to commencement unless clearing is included in the quotation.
• You must inform us of the location of any known underground services, pipes, cables, reticulation, septics, or other hidden services. We strongly recommend the Client lodge a free enquiry with Before You Dig Australia (BYDA) before works commence. Where the quotation includes service location, we will take reasonable steps to locate known services, but we are not liable for damage to services not notified, not marked, or not detectable by reasonable means.
• You confirm that you own the land on which the works are to be performed or hold all necessary approvals, and that boundary lines are as marked. We can assist with boundary checks by agreement, but final boundary position is the Client's responsibility unless otherwise agreed in writing.
• You are responsible for obtaining any planning or development approvals required by your local government unless expressly included in the quotation.

7. Delivery, Delays and Events Beyond Our Control

• Estimated commencement and completion dates are estimates only and are not guaranteed, provided we act with reasonable diligence.
• We are not liable for delays caused by weather, ground conditions, supplier or transport delays, material shortages, utility outages, site access issues, or other events beyond our reasonable control.
• Where a delay beyond our control materially affects the works, we will notify you and agree on a revised reasonable timeframe.

8. Title and Risk

• Risk in materials delivered to site passes to the Client on delivery.
• Legal and equitable title to materials supplied and installed remains with us until we have received payment in full for those materials and the related works.
• Until title passes, you must not remove, alter, or dispose of the materials and must keep them insured.

9. Workmanship Warranty

• We warrant that our fencing installation and construction work will be performed with due care and skill and that materials supplied by us will be fit for their intended purpose and conform to the quotation, in accordance with our obligations under Australian law.
• We will rectify, at our cost, defects in our workmanship that are notified to us in writing within twelve (12) months of practical completion, provided the works have been used for their intended purpose and maintained as reasonably expected.
• This warranty does not cover damage arising from misuse, alteration by others, ground movement beyond normal expectations, impact, storm damage, or lack of reasonable maintenance.
• Manufacturer warranties may apply to materials such as Colorbond® sheeting, powder coating, timber treatment, and hardware. We will provide available warranty information on request.

10. Australian Consumer Law

• Our services come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• For services of a kind ordinarily acquired for personal, domestic, or household use, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services remedied if they fail to be of acceptable quality and the failure does not amount to a major failure.
• Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded.

11. Limitation of Liability

• To the extent permitted by law, and except for liability under consumer guarantees that cannot be excluded, our total liability arising out of or in connection with the works is limited to the contract price of the works, or the cost of re-supplying or rectifying the affected works, whichever we elect.
• We are not liable for indirect, special, or consequential loss, including loss of profits, loss of enjoyment of land, or loss arising from works not performed by us, except where such loss is reasonably foreseeable and arises from our breach or negligence and liability cannot lawfully be limited.
• You are responsible for ensuring the site is safe and that any risks you have control over (such as insecure pets, unsecured structures, or hazards on the property) are managed.

12. Cancellation and Termination

• You may cancel the works before commencement by written notice. If materials have been ordered or prepared for your project, reasonable costs incurred will be payable.
• Either party may terminate the contract by written notice if the other party commits a material breach that is not remedied within fourteen (14) days of written notice of the breach, or becomes insolvent.
• On termination, you must pay for all works performed and materials supplied to the date of termination, and we must return any unearned deposit.
• Statutory rights of termination under Australian law are not affected by this clause.

13. Intellectual Property

• All quotations, designs, drawings, and specifications prepared by us remain our property and are provided for use in connection with your project only.
• You must not reproduce or pass our documents to third parties for the purpose of obtaining comparable quotes without our written consent.

14. Photography of Completed Works

• Unless you notify us in writing before commencement that you do not consent, we may take photographs of completed works for our records and for use in our marketing materials and website.
• We will not publish photographs that identify your street address without your consent.

15. Privacy

We handle personal information in accordance with our Privacy Policy. By engaging our services, you consent to the collection, use, and disclosure of information as described there.

16. Dispute Resolution

• If a dispute arises, please contact us first so we can seek a fair and prompt resolution. We are committed to resolving concerns in good faith.
• If the dispute is not resolved by discussion, either party may refer the matter to mediation in Perth, Western Australia, before commencing proceedings, except where urgent relief is required.
• Nothing in this clause prevents you from exercising rights under the Australian Consumer Law or from contacting the appropriate consumer protection or building dispute bodies.

17. Governing Law

These Terms and any contract formed under them are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the jurisdiction of the courts of Western Australia.

18. Changes to These Terms

We may update these Terms from time to time. The current version will always be published on this page with a revised “last updated” date. Terms applicable to your project are those in force when you accept our quotation.

19. Contact

For questions about these Terms of Service, please contact:

Aria Fencing and Construction Pty Ltd
ABN 95 701 404 275
Perth, Western Australia
Email: ceo@ariafencingconstruction.site
Website: ariafencingconstruction.site

Ready to start your project? Request a free quote via our quote form or learn more about our fencing and construction services.