Terms & Conditions

 SUMMIT FENCING TERMS & CONDITIONS

1. Goods

a. All goods supplied or supplied and installed to the Purchaser by Summit Fencing under a contract are supplied on the following terms.
b. These Terms and Conditions cannot be varied or modified except by an instrument in writing signed by Summit Fencing.
c. Unless otherwise agreed these Terms and Conditions take precedence over any terms and conditions contained in any other document or Agreements prior to the date of this Contract and any such terms and conditions have no application to or effect on this supply contract.

2. Parties to and evidence of contract

a. This contract is between Amrod Pty Ltd T/As Summit Fencing – ABN 89 126 822 286 (hereafter call Summit Fencing) and the client named in the client details schedule (hereafter called The Client).
b. Summit Fencing and The Client shall be jointly referred to as The Parties.
c. The date of contract (hereafter called Time of Contract) shall be the earlier of the date on which Summit Fencing receives a copy of this contract signed by The Client or the date the works are commenced on site.
d. The Client is deemed to have accepted the terms and conditions set out in the contract document if access is given to The Site notwithstanding a signed copy of the contract not being issued to Summit Fencing.

3. Scope of works and variations

a. The undertakings named in this clauses 2 shall be collectively called The Works hereafter.
b. This contact is for the materials, labour and other services so named in the quotation identified in the project details schedule.
c. These works may be varied by agreement in writing between The Parties. The price adjustment of any such variation must be agreed prior to the variation works being done.
d. Where Summit Fencing has include excavation in The Works it shall be deemed to include excavation into reasonable soil types only unless otherwise agreed in writing. Where hard digging is required including the use of a jack hammer or core drill this will incur additional charges which shall be a variation under this contract.
e. Summit Fencing is not obliged to carry out any variation works.

4. Warranty

a. Where Summit Fencing has specified any materials this has been done using standard industry methods and has not been engineered specifically for this project.
b. The Client shall ensure The Works are fit for intended purpose and comply with any legislative requirements
c. The Works are covered by 12 months warranty from the date of installation. Unless otherwise agreed the warranty is subject to the terms and conditions of the warranty document available at https://www.summitfencing.com.au/warranty-maintenance/ as current at Time of Contact.

5. The Site

a. The Works shall be undertaken at the site identified in the Project Details Schedule (hereafter called The Site).
b. The Client shall provide Summit Fencing with access to the site to the extent required to undertake The Works.
c. The Client shall ensure that the area for the works is well cleared of any vegetation or other materials. Unless otherwise agreed, where Summit Fencing is required to undertake clearing or other activities required to facilitate The Works this shall constitute a variation pursuant to this contract.
d. The Client shall mark out or otherwise indicate the positioning of The Works and warrants the correctness of same.
e. The Client shall locate and mark the position of any underground services. The Client indemnifies Summit Fencing against any damage to such services not marked.

6. Payment & Title

a. Unless otherwise agreed, the client shall pay Summit Fencing the deposit amount stated in the payment details schedule or other amount agreed in writing at time of contract. Unless otherwise agreed in writing, Summit Fencing will not commence any actions prior to receipt of the deposit.
b. In consideration for The Works being completed The Client shall pay the amount/s stated on the above mentioned quotation and any other amounts payable to Summit Fencing under to this contract.
c. Payment must be made to Summit Fencing within the time stated in the payment details schedule.
d. The Client shall be liable to pay Summit Fencing interest calculated at 10% per annum or the maximum allowed by law (whichever is higher) on any overdue monies.
e. The person signing this Agreement personally guarantees The Client will meet its obligations under this Agreement and agrees to act as guarantor in the event of any default by The Client.
f. Property in all goods supplied shall remain vested in Summit Fencing and shall not pass to the client until all monies owing to Summit fencing by the Client, together with all collection, repossession and or legal costs incurred have been paid in full. The Client agrees to provide access to Summit Fencing as an invitee to The Site for the purpose of recovering materials.
g. Summit Fencing may exercise its legal right to register a security interest in all goods supplied (the collateral) at any time.
h. To the extent the law permits, Purchaser waives its right to receive any notice (including notice of a verification statement) that is required by the PPSA. However, this does not prevent Summit Fencing from giving a notice under the PPSA.
i. The Client shall not grant nor otherwise give any interest in The Works to another other party while they remain the property of Summit Fencing.

7. General terms and conditions

a. Summit Fencing will endeavour to complete The Works to best suit The Client, however The Parties agree that delays may occur prior to or during installation of The Works due to inclement weather, force majeure or other factors beyond the control of Summit Fencing.
b. Should The Client request the works be delayed after commencement, Summit Fencing may at their sole discretion charge a reestablishment fee of $450 + GST.
c. Summit Fencing reserves the right to terminate this agreement at their sole discretion.
d. If a dispute arises The Parties agree to negotiate in good faith to resolve the dispute without delay. At any time Summit Fencing may refer the dispute to an independent mediator/arbitrator or court of law at their discretion.
e. Following the completion of The Works, The Client must notify Summit Fencing of any defects or disputes within seven (7) days. If no notification is received within this time, the parties agree that there is no dispute and payment must be made pursuant to this contract.
f. Should The Client terminate this contract or substantially changed or delayed the progression of The Works, any deposit paid shall be forfeited. The Client shall also indemnify Summit Fencing against all costs incurred up to the date of the termination or delay which are over and above the deposit amount. This may include but is not limited to materials purchased by the company in relation to the works (whether installed or not) and any labour used in relation to the works.
g. Unless otherwise agreed at time of contract, all products are covered by manufacturer’s warranty and all workmanship is covered by 12 month warranty.
h. Warranty is void if The Works have not been maintained as advised by Summit Fencing or the manufacturer or have been damaged or used other than for the intended purpose. No warranty is given for fencing with shade cloth or other materials attached.
i. Summit Fencing accepts no responsibility for faults when fencing has been constructed according to specifications provided by or agreed to by The Client.
j. Nothing in this Agreement excludes, restricts or modifies any statutory obligation of Summit Fencing, which cannot be lawfully excluded, restricted or modified. However the total liability of Summit Fencing and the sole exclusive remedy of The Client for any breach of such term, condition or warranty shall be limited at the sole discretion of Summit Fencing to the replacement of Products, the supply of equivalent Products, the repair of such Products, the payment of the cost of replacing the Products or acquiring equivalent Products or the payment of having such Products repaired.

8. Entire Agreement

a. This Agreement expresses and incorporates the entire agreement between The Parties and supersedes any prior negotiation, understanding, communication, representation or agreement.

9. Indemnity

a. The Client hereby agrees to release and hold Summit Fencing and any related entities, their directors, officers, servants and employees harmless from and against all losses, expenses, payments, actions, liabilities, claims, damages, losses, suits, verdicts, judgments, costs and expenses whatsoever which The Client may suffer or incur, either directly or indirectly, in respect of the death of or injury to any person or damage or destruction of any property arising out of or in any way connected with The Works and/or this contract; and consequential losses arising directly or indirectly out of or in connection with this contract except to the extent such loss, damage or injury arises due to the gross negligence or willful misconduct of Summit Fencing and its employees.
b. The indemnities and releases stated in this clause 8 shall be continuing notwithstanding termination or expiration of this contract.

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