Gates.Fencing.Automation Terms & Conditions
TERMS AND CONDITIONS OF QUOTATION AND SALE GATE / FENCING / AUTOMATION CONTRACT.
- Up to date terms and conditions are available on our website customautogates.com.au below is valid as at 1 December 2018.
- 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.
- 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.
- 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.
- Price is based on a cleared and surveyed alignment. The Customer shall verify with council the legal positioning of fencing.
- 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.
- 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.
- 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.
- Unless included in quotation any costs incurred in respect of clearing and surveying the alignment will be added to the Customers invoice.
- 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.
- 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..
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The Customers deposit payment will constitute acceptance of a contract under the terms and conditions of this quotation.
- 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.
- 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.
- Irrevocable permission to remove – Custom 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.
- Risk will pass to the Customer on delivery of the goods notwithstanding that ownership remains with the Seller until payment is made in full.
- 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 / Obstacles Provision 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
With reference to onsite commencement of fencing works – the below terms and conditions will need to be discussed and acknowledged with the installer prior to any works starting.
- You have identified the boundary line and are completely satisfied with the marking out of the proposed fence line and accept full responsibility for its location.
- Demolish and removal if included is for above ground materials only.
- Clearing of vegetation does not include removal off site or disposal fees. Soil from post holes is to be left onsite.
- Custom Auto Gates and Fencing and our contractors have a duty of care whilst on site and carrying out the works and in accordance with the Terms and Conditions of sale require the customer to provide a minimum of 600mm clear working space either side of the fence line and an accurate plan of the services in the proposed work area. We will use due diligence when executing the works but full responsibility for any unintentional damage to services and or property that not been identified, moved or removed remains solely with the customer along with the full responsibility for the cost and arrangement of rectification.
- The customer and or their representative acknowledges that the named person on the quote, is responsible for paying the total outstanding amount/s for the works at the time of completion. Excess materials are commonly delivered to site to ensure adequate coverage- our quotation is for the works described and all excess materials remain the property of Custom Auto Gates & Fencing and will be removed from site.
The Installer will have the above details on a commencement sheet for you to sign off on the day of commencement installation.