Custom Auto Gates & Fencing

Gates.Fencing.Automation Terms & Conditions

TERMS AND CONDITIONS OF QUOTATION AND SALE GATE / FENCING / AUTOMATION CONTRACT.

    1. Up to date terms and conditions are available on our website customautogates.com.au below is valid as at 1 December 2018.
    2. ZERO TOLERANCE –  The safety of our staff, Contractors and Company is paramount, we respectfully ask that customers and their representatives refrain from Anti-social behaviours / actions that harm or lack consideration for the well-being of others. This includes any type of conduct that violates the basic rights of another person and any behaviour that is considered to be disruptive to others in society. Custom Auto Gates Pty Ltd reserves the right based upon Zero Tolerance to not attend site where these conditions have been breached.
    3. Unless otherwise stated, prices quoted are based on the acceptance of the entire quotation. Pricing is subject to review if only part of the quotation is accepted.
    4. This quotation is valid for thirty (30) days from the date of quotation. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Buyer’s order has been accepted by the Seller. No Seller shall be bound by any condition attaching to the Buyer’s order or acceptance of a Quotation and, unless such conditions are expressly accepted by the relevant Seller in writing, the Buyer acknowledges that such conditions are expressly negated. Cancellation of an order can be made only with the Seller’s consent and upon terms that will compensate the Seller against loss.
    5. Price is based on a cleared and surveyed alignment. The Customer shall verify with council the legal positioning of fencing.
    6. Upon acceptance of the quotation payment will be the responsibility of the person or legal entity to whom this quotation is directed. Such acceptance will be taken as an authority to proceed with all work including demolition of existing fences and other obstructions and it will be understood that the person or legal entity to whom the quotation is addressed has obtained the agreement of all other property owners and occupants affected in any way by such a contract.
    7. Insurance /Liability – Custom Auto Gates maintains Public and Product Liability Insurances, Workers Compensation Insurance and Motor Vehicle Insurances – Insurances such as contract works insurance can be obtained at the buyer’s expense. Any Liability is restricted to 10% of contract price.
    8. The Customer shall supervise the location of the fence / gate etc and shall, where installation is required, advise the installer of the location of all electrical cables, gas or water mains, sewerage, telephone lines, and any other service facility which is or may be affected by the installation of the proposed fence. Custom Auto Gates shall not be liable for the incorrect location of the fence or gate or damage to any of the above utilities and the Customer will indemnify Custom Auto Gates against any claims or demand made by any person or authority in respect of which incorrect location or damage.
    9. Unless included in quotation any costs incurred in respect of clearing and surveying the alignment will be added to the Customers invoice.
    10. Unless stated in quotation no allowance has been made for obstructions such as rock, concrete, tree roots, broken posts, etc. encountered during installation. An extra labour charge based on ruling hourly rates plus the hire costs of the necessary equipment will be made to cover the costs of the removal of such obstructions.
    11. All reasonable care will be taken by Custom Auto Gates although no responsibility will be taken for existing equipment, wiring, plumbing, electrical, conduit and cables or any existing foundations or foundation coverings i.e. pavers, exposed aggregate, stencilled driveway etc..
    12. No responsibility will be taken for the existing sliding & or swing gate/s and fixings, existing automation equipment, existing induction loop cabling, existing access control equipment and any faults found with this equipment will incur a variation to this contract price.
    13. Radio interference brought on by third party devices Custom Auto Gates is unable to ascertain interference that may occur. Custom Auto Gates will work with the customer to rectify the issue additional charges and equipment may apply.
    14. Colours will vary from powder coat batch to batch and will appear different across media types. Custom Auto Gates accepts no responsibility for colour discrepancies or colour choices made by the customer.
    15. Not Covered by Warranty – 1/Ground movement is not in our control. If ground movement occurs this is not a warrantable event. 2/ Damage as a result of vandalism, climbing, vegetation, vehicle damage, swinging on gates, normal wear and tear and natural changes. Natural changes to materials include those caused by ground movement due to soil type, water run off etc. 3/ Supply only products due to Handling, installation and storage. 4/ Fencing timbers both Hardwood & Pine used, are treated to protect against attack from white ants, termites and fungal decay.  These timbers are fencing grade and being a natural product will contain normal defects. Shrinkage, cracking, twisting or bowing are a natural trait of the timber and is beyond our control and not warrantable.
    16. Unless otherwise agreed in writing, the time of Installation or delivery is calculated from the date of the Order. Every effort is made by the Seller to keep the delivery date promised, the Seller assumes no liability for any loss or damages incurred by delays of Installation or delivery.
    17. Unless otherwise agreed in writing, the Seller shall be entitled to make delivery by instalments and to determine the route and manner of delivery of the goods.
    18. The Seller makes no warranties, either express or otherwise, under this Agreement except to the extent that the goods supplied are covered by the manufacturer’s warranty. The Seller will pass on to the Customer the benefit of the manufacturer’s warranty. Workmanship is covered by Custom Auto Gates for a period of 6 months from date of installation. Manufacturers Warranties do not include labor and after 6 month period labor will be an additional charge for manufacturer’s warranty claims. Gate Automation requires servicing every 12 months (6 months if commercial) to maintain warranty from manufacturer.
    19. Upon discovery of any defect in the goods supplied by the Seller, the Customer shall immediately and without delay notify the Seller in writing. The Customer shall not carry out any remedial work without first obtaining the written consent of the Seller to do so – This WILL void all warranty.
    20. Any variation of the work or materials must be in writing and signed by the Customer or his authorised representative and shall not be acceptable unless the Customers authority to any agreed variation in price is received and agreed to in writing by Custom Auto Gates. Verbal Variations are not accepted. Variations to quoted works will incur additional cost to customer based upon cost to Custom Auto Gates.
    21. The Customers deposit payment will constitute acceptance of a contract under the terms and conditions of this quotation.
    22. A deposit is due on acceptance of this quotation. A further progress payment is due on ordering of materials or commencement of fabrication prior to start of installation. Final payment is required at close of business day of completion – no terms given. Payment methods are direct deposit or cash – credit card facilities incur an additional fee if used.
    23. Failing to make payment within seven (7) days of the full amount due and owing in accordance with the invoice the Customer acknowledges that Custom Auto Gates is entitled to charge interest on any amount outstanding and unpaid at the rate of 13 percent per annum, compounded monthly, such interest being calculated from the date of invoice, Plus any Debt collection agency fees. Debt collection will commence promptly if final payments for completed works are not made when due.
    24. Irrevocable permission to removeCustom Auto Gates retains ownership of the goods until payment in full is received from the Customer and the Customer hereby gives Custom Auto Gates irrevocable authority to enter onto any land or buildings to recover possession of such goods pursuant to these terms and conditions whether or not they are fixed to any land or building in the event of default in any payment by the Customer to Custom Auto Gates. Once full payment of all monies due (including variations incurred) has been completed property ownership of the goods shall pass to the customer.
    25. Risk will pass to the Customer on delivery of the goods notwithstanding that ownership remains with the Seller until payment is made in full.
    26. The following are standard exclusions from all quotations, unless specifically stated otherwise in scope of works –
    Provision of all 240 volt power to equipment.Clearing of Vegetation / ObstaclesProvision of all required concrete works.
    Provision of all required conduit and cabling works.Any work to doors/gates to ensure suitability for automation.
    Any core drilling or jack-hammering unless otherwise stated. ALSO In the event of rock, hidden footings, large tree roots or other latent conditions being encountered, additional costs will be advised to the client prior to proceeding

Patio & Carport Kit Terms / Conditions

TERMS AND CONDITIONS OF SALE

  1. Interpretation 1.1 In these Terms: “Company” means Custom Auto Gates “Customer” means the purchaser of Goods from the Company. “Goods” means all goods sold and/or delivered by or on behalf of the Company to the Customer. “Terms” means these terms and conditions of sale.
  2. Application 2.1 These Terms apply to all contracts for the sale of Goods by the Company. 2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing. 2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
  3. Prices 3.1 Prices are determined at the time of order and, prior to payment of the deposit. Prices are subject to change without notice.
  4. Payment 4.1 Payments are to be made to the Company without any deduction or discount other than as stated in these Terms or in the relevant quote, invoice or statement. 4.2 A deposit of 50% of the invoice price must be paid when placing an order. 4.3 The balance of the invoice price must be paid in full before collection or delivery. 4.4 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month as from the date due for payment until payment is received by the Company.
  5. Delivery 5.1 The Customer must, within 5 days of being notified of their availability, collect or accept delivery of the Goods and pay the balance of the invoice price. 5.2 The Customer, not the Company, is responsible for arranging delivery and paying for delivery. 5.2 If the Customer fails to collect the Goods or accept delivery within 21 days of being notified of their availability, the Company may terminate this contract, keep the deposit and resell the Goods. 5.3 In addition to clause 4.4, the Company reserves the right to charge the Customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of $50.00 per week or part thereof. 5.4 The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods. 5.5 Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
  6. Title 6.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
  7. Risk and Insurance 7.1 The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time. 7.2 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Company against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer
  8. Inspection 8.1 Unless the Customer has inspected the Goods and given written notice to the Company within 1 day after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
  9. Cancellations 9.1 No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).
  10. Limited Liability 10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974. 10.2 The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not: (a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and (b) liable for any claim, damage or demand resulting from such non-compliance. 10.3 If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (C o n t r a c t) then, to the extent to which the Company is entitled to do so, the Company’s liability under the statutory provisions is limited, at the Company’s option, to: (a) replacement or repair of the Goods or the supply of equivalent Goods; or (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.
  11. Warranty 11.1 All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer. 11.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so. 11.3 The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law. 11.4 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
  12. Description, Display and Samples 12.1 Any description given or applied to the goods is given by way of identification only and the use of such description shall not constitute a sale by description. For avoidance of doubt, the Customer hereby affirms that it does not in any way rely on any description when entering into the contract. 12.2 Any display product or sample inspected by the Customer is solely for the Customer’s convenience and does not constitute a sale by sample.12.3 Where a sample of Goods is shown to and inspected by the Customer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process.
  13. Contract 13.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made when an order was placed and any cause of action is deemed to have arisen then.
  14. Force Majeure 14.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
  15. Waiver 15.1 The failure of either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this agreement.
  16. No Assignment 16.1 Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
  17. Severability 17.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforce-ability of the remaining provisions are not affected.
  18. Governing Law 18.1 These Terms and the Contract shall be governed by the law of Queensland and the parties submit to the courts of Queensland in respect of any dispute arising.