FENCEWORLD PTY LTD
General Terms & Conditions of Trade
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- Definitions
1.1 “Seller” refers to Fence World Pty Ltd and its successors and assigns.
1.2 “Buyer” refers to the individual or entity purchasing goods or services from the Seller, including anyone acting on the Buyer’s behalf with their authority.
1.3 “Guarantor” means any person or entity that agrees to be liable for the debts of the Buyer on a principal debtor basis.
1.4 “Goods” refers to the products supplied by the Seller to the Buyer (and includes any supply of Services as defined herein, where the context permits).
1.5 “Services” includes all services provided by the Seller to the Buyer, including any advice or recommendations (and includes any supply of Goods as defined above, where the context permits).
1.6 “Price” means the cost of the Goods as agreed between the Seller and the Buyer, subject to clause 4 of this contract.
1.7 “Contract” means a written agreement between the Seller and the Buyer or an offer from the Seller accepted by the Buyer in writing.
1.8 “Online Platform” refers to the Seller’s website “FenceWorld.com.au”. - Acceptance
2.1 Any instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyer’s acceptance of Goods supplied by the Seller constitute acceptance of these terms and conditions.
2.2 If more than one Buyer enters into this agreement, they are jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Buyer, they become irrevocable and can only be rescinded as per these terms or with the written consent of the Seller’s manager.
2.4 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions, or agreements not expressed by the Seller’s manager in writing, nor is the Seller bound by any such unauthorised statements.
2.5 The Buyer must provide the Seller with no less than fourteen (14) days’ prior written notice of any proposed change in the Buyer’s name and/or other details (including but not limited to changes in address, facsimile number, or business practice). - Goods
3.1 The Goods are described on the invoices, quotation, work authorization, or any other work commencement forms provided by the Seller to the Buyer.
3.2 The Buyer does not rely on the Seller’s skill or judgment regarding the suitability of any Goods for a particular purpose. Any advice, recommendation, information, or assistance provided by the Seller is given in good faith, based on the accuracy and completeness of information provided by the Buyer, and without any liability from the Seller.
3.3 The Buyer warrants that all drawings, specifications, and other design information provided to the Seller for the manufacture of custom orders are accurate and correct in all respects and do not infringe upon any third party’s intellectual property rights, including any copyrights, patents, designs, or trademarks. - Price & Payment
4.1 Unless previously withdrawn, a quotation is valid for thirty days or such other period as stated. A quotation does not obligate the Seller to supply Goods and/or services but is merely an invitation to treat, with no contractual relationship arising until the Buyer’s acceptance in writing is received and accepted by the Seller.
4.2 At the Seller’s sole discretion:
(a) The Price shall be as indicated on invoices provided by the Seller to the Buyer for Goods supplied; or (b) The Price shall be the Seller’s current Price at the date of delivery, according to the Seller’s current Price list; or (c) The Price shall be the Seller’s quoted Price, which is binding if the Buyer accepts the Seller’s quotation in writing within thirty (30) days.
4.3 Any variation from the scheduled works or specifications will be charged as per the Seller’s quotation and shown as variations on the invoice, with payment required in full upon completion.
4.4 A deposit may be required at the Seller’s discretion. The deposit amount or percentage of the Price will be stipulated at the time of ordering and is due and payable immediately.
4.5 Payment for the Goods is of the essence and will be stated on the invoice, quotation, or other order forms. If no time is stated, payment is due upon delivery.
4.6 For pre-approved Account Holders, payment terms are as per individual credit terms (typically seven (7), fourteen (14), or thirty (30) days following the date of invoice). If no credit terms are provided, payment is required in full in advance of delivery by direct credit or electronic funds transfer (EFT).
4.7 For all other transactions, payment is required in full in advance of delivery by direct credit or EFT.
4.8 All credit card payments are subject to a 1.5% merchant fee.
4.9 For orders where payments are made by credit card and the customer is picking up from the store, a valid driver’s license must be shown to the despatch team.
4.10 The Price shall be increased by any applicable GST and other taxes and duties, except where these are expressly included in any quotation.
4.11 Any price variations due to currency fluctuations, taxes, customs duty, or other imposts will be the Buyer’s responsibility, applicable only to orders not yet accepted by the Seller, with the Buyer given 30 days’ notice.
4.12 Payments not made in accordance with clause 4.7 will incur an administration fee of 1.5% if paid by Visa or MasterCard, agreed as the liquidated cost of processing the abnormal payment, payable when the account is due.
4.13 Payments received without remittance advice will be applied to the oldest balance owing by the Buyer.
4.14 The Buyer may have access to the Seller’s Online Platform at the Seller’s sole discretion. The Seller reserves the right to terminate or suspend access to the Online Platform for any reason, with notice given to the Buyer. No warranty is made regarding the availability of the Online Platform. Orders are deemed accepted only when the Online Platform generates a Sales Order Number. The Buyer is responsible for managing passwords and security allocations for its Authorized Users and will be liable for all orders made using authorized user codes unless canceled with the Seller’s written consent. The Buyer acknowledges that: (a) Delivery times and pricing shown by the Online Platform are estimates and not binding unless confirmed by other means. (b) The Seller is not responsible for any loss arising from unauthorized access or modification of the Online Platform by third parties. - Delivery of Goods / Services
5.1 Delivery will be made to the Buyer’s address. The Buyer must make arrangements to take delivery whenever tendered or accept delivery at the Seller’s address.
5.2 The Buyer authorises the Seller to deliver Goods to the nominated place and leave them there, whether or not anyone is present to accept delivery. The Seller is not liable for loss suffered after delivery to the nominated place.
5.3 The Seller is not obligated to obtain a signed receipt at the nominated delivery place, but if obtained from someone believed to be authorized by the Buyer, it will be conclusive evidence of acceptance.
5.4 Delivery to a carrier for transmission to the Buyer is deemed delivery to the Buyer.
5.5 Goods may be delivered in separate instalments, invoiced and paid for per this contract.
5.6 The Buyer must accept delivery even if the quantity delivered varies from the quantity purchased by up to 5%, with Price adjusted pro rata.
5.7 The Seller’s failure to deliver does not entitle either party to treat the contract as repudiated.
5.8 The Seller is not liable for any loss or damage due to failure to deliver promptly or at all.
5.9 Packaging and delivery charges will be paid by the Buyer per the Seller’s current rates. If no rate is current, a reasonable delivery charge will be applied.
5.10 The Seller may charge for storage if delivery instructions are not provided within 7 days of a request for such information.
5.11 Delivery times are estimates, and the Seller is not liable for any delay in delivery or performance.
5.12 The Buyer remains obligated to accept and pay for Goods or services despite any delivery delays. - Risk
6.1 Risk passes to the Buyer upon delivery, even if the Seller retains ownership of the Goods.
6.2 If the Goods are damaged or destroyed before ownership passes to the Buyer, the Seller is entitled to all insurance proceeds for the Goods, without prejudice to its other rights, whether or not the Price has become payable. Production of these terms and conditions is sufficient evidence of the Seller’s rights to receive insurance proceeds without further enquiries. - Buyer’s Disclaimer
7.1 The Buyer disclaims any right to rescind or cancel the contract, sue for damages, or claim restitution arising from any misrepresentation by the Seller’s servants or agents, acknowledging that they buy the Goods relying solely on their own skill and judgment, with the Seller not bound by any representation or warranty not given by the Manufacturer. - Defect/Returns
8.1 The Seller does not accept returns unless agreed in writing. Accepted returns may attract charges for restocking and repackaging. See our Refund Policy for further details.
8.2 The Buyer must inspect the Goods on delivery and notify the Seller of any defects, shortages, damage, or non-compliance within twenty-one (21) days of delivery. The Seller must be allowed to inspect the Goods within a reasonable time if the Buyer believes they are defective. Failure to comply presumes the Goods are in accordance with the terms and conditions.
8.3 For defective Goods agreed by the Seller, the Seller may replace or repair them, provided:
(a) The Buyer complies with clause 8.1;
(b) Goods are returned at the Buyer’s cost within twenty-one (21) days of delivery;
(c) Goods have not been improperly stored or used;
(d) Goods are returned in their delivered condition with all packaging and materials as new as possible. - Warranty
9.1 The Seller warrants that the product is free from manufacturing defects for 10 years. If reported within 10 years of delivery, the Seller will repair or replace the product. Conditions:
(a) Warranty excludes defects caused by:
i) Improper maintenance;
ii) Failure to follow Seller’s instructions;
iii) Use for unspecified purposes;
iv) Continued use after defects are apparent;
v) Fair wear and tear, accidents, acts of God;
vi) Scratching, abrasion, chipping, impact, misuse;
vii) Metal substrate oxidation or rust;
viii) Excessive condensation, foreign matter;
ix) Normal weathering, loss of gloss/color; x) Chemical agents, fumes, liquids, solids;
xi) Installation less than 1km from marine/industrial influences.(b) Warranty does not cover:
i) Labour for removal/repair or installation;
ii) Injury, property damage, loss of income/profit, indirect loss.(c) Warranty ceases if the product is repaired, altered, or overhauled without Seller’s consent.
(d) Seller is not liable for delay in repair/replacement.
(e) Warranty excludes aesthetic surface corrosion including oxidation and red rust on aluminium, steel, or stainless steel products.
9.2 For Goods not manufactured by the Seller, the warranty is the current manufacturer’s warranty. The Seller is not liable beyond the manufacturer’s warranty conditions.
- Trade Practices and Fair Trading Acts
10.1 Nothing in this agreement is intended to contract out of applicable provisions of the Commonwealth Trade Practices Act 1974 or Fair Trading Acts in Australian States and Territories, except as permitted by those Acts. - Lien & Stoppage in Transit
11.1 If the Seller has not received payment or the payment is dishonoured, the Seller has:
(a) a lien on the Goods;
(b) the right to retain them until payment;
(c) a right of stoppage in transit;
(d) a right of resale.
(e) The lien continues despite proceedings or judgment for the price. - Account Terms, Default & Consequences
12.1 Goods and services must be paid for on delivery or performance unless a credit facility is confirmed. If a credit facility is granted, payment terms are as per the account terms (7, 14, 21, or 30 days).
12.2 The Seller may alter or withdraw the Buyer’s credit limit and terms without notice, with any change notified to the Buyer. The Buyer is liable for all purchases under its account.
12.3 The Buyer is responsible for unauthorised use of their account number/name.
12.4 The Buyer must notify the Seller in writing within 28 days of any changes to information supplied or business structure.
12.5 Notices to the Seller must be sent to the Seller’s address or email as specified. Notices to the Buyer will be sent to the last supplied address and are deemed delivered on the second business day.
12.6 Interest on overdue invoices accrues daily at 2.5% per month.
12.7 The Buyer indemnifies the Seller for all costs of collection, including legal fees.
12.8 The Seller may suspend or terminate supply if the Buyer breaches any obligation.
12.9 If any account remains unpaid for two months, an administration fee of $20.00 or 10.00% of the amount overdue applies.
12.10 In the event of overdue payments, insolvency, or other specified events, the Seller may cancel orders, recover costs, and all amounts become payable. - Title
13.1 Property in the Goods does not pass until: (a) The Buyer has paid all amounts for the Goods; and (b) The Buyer has met all other obligations to the Seller. (c) The Goods are kept separate until payment is received. 13.2 Further agreements: (a) The Seller may demand return of the Goods if payment is not received. (b) The Seller may repossess Goods from the Buyer’s premises if not returned. (c) The Buyer holds any sale proceeds on trust for the Seller. (d) The Buyer will not adversely deal with the Seller’s money. (e) Payment is not deemed received until cleared. (f) The Buyer will not charge the Goods while they remain the Seller’s property. (g) The Seller may demand payment or take lawful steps to recover the Price. (h) The Seller can sue for the Price even if ownership has not passed. (i) The Seller will own any end products if Goods are converted. - Security & Charge
14.1 The Buyer and/or Guarantor agree to mortgage/charge their interest in land, realty, or other assets to the Seller to secure amounts payable. The Seller may lodge a caveat and charge for costs of enforcement.
14.2 The Seller may act as the Buyer’s and/or Guarantor’s attorney to execute mortgages/charges to secure obligations. - Cancellation The Seller may cancel terms or delivery of Goods before delivery by written notice, without liability for loss or damage.
- Privacy Act 1988
16.1 The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit reporting agency a credit report containing personal credit information about the Buyer and Guarantor/s in relation to credit provided by the Seller.
16.2 The Buyer and/or the Guarantor/s agree that the Seller may exchange information about Buyer and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes: (a) To assess an application by Buyer; (b) To notify other credit providers of a default by the Buyer; (c) To exchange information with other credit providers as to the status of this credit account, where the Buyer is in default with other credit providers; and (d) To assess the credit worthiness of Buyer and/or Guarantor/s.
16.3 The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4 The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time: (a) provision of Services & Goods; (b) marketing of Services and or Goods by the Seller, its agents or distributors in relation to the Services and Goods; (c) analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to provision of Services/Goods; (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and (e) enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Services and Goods.
16.5 The Seller may give, information about the Buyer to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about the Buyer; and or (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer. - Unpaid Seller’s Rights to Dispose of Goods
17.1 In the event that: (a) the Seller retains possession or control of the Goods; and (b) payment of the Price is due to the Seller; and (c) the Seller has made demand in writing of the Buyer for payment of the Price in terms of this contract; and (d) the Seller has not received the Price of the Goods, then, whether the property in the Goods has passed to the Buyer or has remained with the Seller, the Seller may dispose of the Goods and may claim from the Buyer the loss to the Seller on such disposal. - General
18.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforce-ability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 The failure of the Seller to exercise a right or remedy, or any delay by the Seller in exercising a right or remedy, or the exercise by the Seller of only part of a right or remedy, or the granting of any indulgence by the Seller in favour of the Buyer does not: (i) affect the Seller’s rights against the Buyer; (ii) constitute a waiver of any term or condition; or (iii) prohibit the Seller from exercising that right or remedy in relation to that breach or any other breach.18.3 All Goods supplied by the Seller are subject to the laws of Queensland and the Seller takes no responsibility for changes in the law which affect the use, compliance, or legality of the Goods after they have been supplied
- Definitions