STANDARD TERMS AND CONDITIONS of Quotation and Fencing Sale and/or Installation Contract
* NOTE – Christmas 2020 Promotional Terms and Conditions at bottom of page
In this quotation PREMIER WALLS AND FENCING PTY LTD (ABN: 50 619 651 259) will be referred to as “the Company” and the person or legal entity to whom this quotation is addressed will be referred to as “the Purchaser”
1. Every quotation is an estimate and is subject to withdrawal at any time prior to the Company’s acceptance of the Purchaser’s order.
2. The Price is based on the Purchaser providing a cleared site with any existing fence demolished and removed. The price is further based on a surveyed alignment and a pegged fence line being provided by the Purchaser. Unless included in this quotation, any costs incurred in respect of clearing the site, demolishing and/or removing any existing fences or other structures, surveying the alignment or pegging the fence line will be extra to the price quoted and shall be charged to the Purchaser.
3. Unless stated in quotation no allowance has been made for soil/debris removal or any obstructions such as rock, concrete, tree roots, broken posts or any other matter which may be encountered during the performance of the Contract. An additional charge based on ruling for labour plus the costs of hire of any necessary equipment will be made to cover the costs of drilling or removing such obstructions. An additional charge calculated on the basis set out in this clause will also be payable:
(A) For any excavation extra to those quoted which are required by the Local Council or other authority or required because of site or soil condition; and
(B) For any delays caused by the Purchaser’s error or delay in providing details and/or instructions or caused by any change in the proposal quoted for or caused by the Purchaser’s unavailability or lack of access to the site to enable works to proceed.
4. The Purchaser undertakes that prior to the placing of an order they have obtained the approval and consent of all relevant government authorities in relation to fencing bylaws and all property owners and occupants affected in any way by the contract and hereby indemnifies the Company against all claims, costs and expenses which it may incur because of the Purchaser’s failure to obtain such approval or consent. The Company reserves the right to re-quote the job to completion if such a delay occurs.
5. In the Event of the company’s or its agent’s vehicle entering upon any property in furtherance of the Contract the Company will not be responsible for any damage to the Purchaser’s property or that of another party and the Purchaser shall indemnify the Company and hold the Company harmless against any charge or costs or whatsoever nature and kind incurred because of or arising out of the Company or its agent’s vehicle entering the property.
6. It shall be the Purchaser’s responsibility to protect all trees and shrubs and the Company accepts no responsibility for damage to same.
7. The Purchaser agrees to pay an additional 20% margin + GST to the Company on all charges from third party contractors engaged by The Company and associated with the scope of works.
Schedule of Payment
A 50% payment of the total purchase price including GST is required upon acceptance of quote. An accurate site measure will not be carried out until this deposit payment is made. A further 30% including GST of the total purchase price is required at the time the wall has been erected prior to painting. The balance of the total purchase price is required upon completion of the wall.
Full and final payment is required within 3 working days from the date of the tax invoice. Transfer of ownership of goods will not occur until the invoice is paid in full. Interest on overdue invoices will be charged at “Bankers Retail Index Rates currently at 10% p.a.” PREMIER WALL AND FENCING PTY LTD reserves the rights at our discretion to recover any product remaining unpaid for.
Should debt collector costs be incurred these will be the responsibility of the Purchaser.
NOTE: If purchasing a kit set wall, 50% including GST is required upon acceptance of quote and full and final payment is required upon delivery of product.
PREMIER WALLS AND FENCING product is covered by a 10-year manufacturers faulty workmanship and/or materials warranty to the original purchaser. Pedestrian and Driveway gates are outsourced and manufactured by a separate company. The manufacturer’s warranty on any part of these products including electric/solar components is 2 years from the date of installation. Aluminium Powder Coated Capping and Slats are outsourced and manufactured by a separate company. The manufacturer’s warranty on these is 2years from date of installation. Paint system if applied by PWF is warrantied for a period of 2 years.
Failure to install this product to the specification set out in the installation manual may void the manufacturer’s warranty.
Failure to install pillar ventilation vents as per installation guide may void the manufacturer’s warranty.
The texture coat colour applied to premier wall and fencing modular kitsets must have a Light Reflective Value (LRV) greater than 40%. Refer to the texture coat manufacturer for the coating’s LRV
Failure to paint walls/pillar (including pillar tops) immediately upon completion may void any manufacturer’s warranty.
PREMIER WALLS AND FENCING PTY LTD will not warranty any damage caused during transport or handling by the customer or any third party.
It is preferred but not essential that a concrete mow strip is installed to protect the base of the wall from lawn maintenance equipment damage.
Manufacturer’s warranty does not cover damage caused by natural ground movement, it is the responsibility of the customer to ascertain the stability of the ground where the wall is to be installed.
Premier Walls are not designed to retain any back fill. Sufficient drainage is required to remove all ‘Run off’ clear of the wall. Failure to do this will void Manufacturer’s Warranty.
In the event the customer has declined to supply a ‘dial before you dig’ report the manufacturer’s warranty does not cover any damage to underground services during installation.
Premier Walls and Fencing endeavours to complete all work by stated completion dates however, Premier Walls and Fencing will not be liable for any delays due to inclement weather and/or delays from any third-party contractor/supplier.
The manufacturer’s warranty does not cover the cost of removal and/or re-installation of any damaged product.
NOTE: Your new wall may settle over the next 6-8 weeks and the joint between the panel/pillar may open slightly, this is perfectly normal as the wall “settles” in. If you notice a small gap and have installed the wall yourself, simply re-apply sealer to the gap and re-paint. If the manufacturer installed the wall give us a call and we will rectify for you.
Any information supplied by PREMIER WALLS AND FENCING PTY LTD at the time of quotation is considered accurate. PREMIER WALLS AND FENCING PTY LTD reserves the right to change specifications at any time.
Owner installation: PREMIER WALLS AND FENCING PTY LTD will not accept any liability for site safety and/or injury to the Customer or any contractor/tradesmen or other party.
Christmas 2020 Promotional Terms and Conditions
TERMS AND CONDITIONS
- These terms and conditions are for all entrants who enter the ‘Premier Walls and Fencing Christmas 2020’ Promotion (“Promotion”). Participation in this Promotion is deemed acceptance of these Terms and Conditions.
- The “Promoter” is Premier Walls and Fencing, Molendinar, QLD 4214. Phone: 1300 976 374
- This Promotion is only open to Australian residents aged 18 years or over.
- The following are ineligible: (i) employees of the Promoter (ii) the spouse, defacto spouse, parent, child or sibling of an excluded employee; and (iii) any person who the Promoter has previously notified is not permitted to enter the Promoter’s promotions.
- This Promotion commences at 9am Australian Eastern Standard Time (“AEST”) on Tuesday 1st December 2020 and ends at 12pm on Sunday 20th December 2020 AEST (“Promotion Period”).
HOW TO ENTER
- To enter this Promotion, eligible individuals must, during the Promotion Period, simply:
1) Try to identity the colour of the Slats or Gate in the provided photograph relevant to the day of entry, and enter their guess in the comments section of the promotional post for that relevant day and image.
CONDITION ON ENTRY
- It is a condition of entering the Promotion that entrants agree for their personal information to be added to the Promoters database and to be used in accordance with the purposes set out in these Terms and Conditions.
LIMITS ON ENTRY
- Entry is limited to one person, per calendar day of the promotional period
- Any additional entries on the same day will be considered part of the single entry
- The Prize draw will take place at Premier Walls and Fencing, Molendinar, QLD 4214 on Monday 21st December 2020. The Promoter reserves the right to draw reserves in case of an invalid entry or invalid entrant.
- The winner will be notified by social media, phone or email. A winner will only be deemed a winner once verified by the Promoter. The winner may have their name published on the Promoters website and social media accounts.
- The total Prize pool is (1) x $500 Bunnings Warehouse shopping voucher.
Total Prize Pool value: $500
There will be 1 winner.
UNCLAIMED PRIZE DRAW
- Any prize that has been won but remains unclaimed by 3.oopm Tuesday 22nd December will be entered into the unclaimed prize draw. The unclaimed prize draw will take place at the same place as the original draw on Tuesday 22nd December at 3.30pm. The winner will be notified by social media, phone or email.
- Incomplete, indecipherable or illegible entries will be deemed invalid.
- If there is a dispute as to the identity of the entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
- Prize is subject to the standard terms and conditions of individual prize and service providers. If for any reason a winner does not take the prize or an element of the prize at the time stipulated, then the prize or that element of the prize will be forfeited and will not be redeemable for cash.
- If any prize (or part of any prize) is unavailable due to reasons beyond the control of the Promoter, the Promoter at its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
- Entrants consent to the Promoter using the entrant’s name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- If this Promotion is interfered with in any or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion to the fullest extent permitted by law to (a) disqualify an entrant; or (b) subject to any written directions from a regulatory authority to modify, suspend, terminate or cancel the Promotion, as appropriate.
- The Promoter’s decision is final and no correspondence will be entered into.
- The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
- Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including their respective officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or correspondence that is late, lost, altered, damaged or misdirected due to any reason beyond the reasonable control of the Promoter; (d) any variation in the prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an entrant or winner; or (f) use of the prize.