Terms & Conditions
Terms & Conditions
Embedded Files
Funntechies Services is specialised in building new fence and retaining walls. It operates and provide services as mentioned in quotation to the client's upon acceptance to below mentioned Terms & Conditions.
Acceptance of Quotation:
- Client, once signed the quotation will be considered as accepting the terms and will be immediately bound by conditions .
- Terms and conditions may only be amended with the consent of both parties in writing.
- Electronic signatures and acceptance shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
- Where the Client is requesting us to provide Services is acting with or on behalf of any third party, then in the event that the third party does not pay for the Services when due, the Client acknowledges that they shall be liable for the payment of the Price as if they had contracted the Services on their own behalf.
- The Client accepts and acknowledges that if Funntechies Services denied access to the worksite on the agreed start date, then $200 will be charged towards loss of wages, travel charges and other losses.
- The Client agree to comply with the provisions of all statues, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
- Unless stated, the quoted Price are based on standard fences constructed to existing land levels and/or slopes.
- Traces of cement/concrete will be left around the fence line during construction of fence and land will be fairly levelled with existing soil. Excess soil or dirt will not be disposed.
Price and Payment
- Quotation provided will be valid for the period stated in the quotation or otherwise for a period of 30 days. After this date Funntechies Services may change quoted price. - Additional cost will be charged if there is any variation to the original work order by client or if additional works are required due to hidden or unidentifiable difficulties (including but not limited to, poor weather conditions, limitations to accessing the site, health hazards (such as the discovery of hazards or other foreign materials) prerequisite work by any third party not being completed, hard rock barriers below the surface, iron reinforcing rods in concrete or hidden pipes or wiring, tree roots etc.) which are only discovered on commencement of the Services.
- Variations will be charged for on the basis of quotation, and will be detailed in the invoice. The Client shall be required to respond to any variation within 5 days and during this time any works may be halt until client agrees to proceed. Payment for all variations must be made in full at the time of their completion.
- Funntechies services at discretion, may ask for non-refundable deposit to confirm the start date for works which may be forfeited if work cancelled within 48 hours of commencement.
- Payment plan for any works quoted by Funntechies Services will be as per schedule mentioned on quotation provided.
Delivery
- Delivery of the Goods to occur at the time discussed with client and will be delivered by Funntechies Services nominated carrier to the nominated address even if the Client is not present at the address.
- Cost of delivery is either included in the Price or is in addition to the Price which will be advised to the client before finalising the commencement date of work.
- Funntechies Services will ensure that the work starts as soon as possible and any delays or extension will be notified to client either verbally or written depending on client's choice. Client must opt the choice in writing for any notification.
- It is customer's responsibility to take care of any goods delivered at client's nominated site. Any damage, loss or mishandling will be charged to customer as an additional cost as per invoice.
Construction Requirement & Obligations
- The Client must be on site to supervise the setting out of the fence construction string line. The Client will ensure the placement of boundary pegs or markers prior to fence construction. If the Client fail to comply with this clause then Funntechies Services accepts no responsibility for installation decisions that need to be taken by Funntechies Services in the Client's absence.
- The Client acknowledges that it is their responsibility to remove any existing fence (including existing footings), trees, vines and shrubs to allow Funntechies Services and it's contractors clear access along the proposed fence line prior to commencement of work unless otherwise agreed in writing between Funntechies Services and the Client. 500mm of clearance is required at both side of fence line otherwise extra cost will be added as per quotation.
- Whilst Funntechies Services will take all due care during installation no responsibility for tiles or pavers damaged during installation.
- Standard fence normally construct with approximate measurements and there is no gaurantee that any spacing or length will be exact in measurements. Any specific requirements will be charged as an additional cost which not only limited to spacing between palings, rails, post etc. unless client has communicated such requirements with Funntechies Services in writing.
- Where fencing is installed on a retaining wall, there is no liability for any movement in the fence due to consolidation or the movement of soil or any other component of the retaining wall.
- No responsibility for digging land out under fence lines nor removal of soil from the worksite.
- Timber is a natural product and as such colour, shade tone, markings, and veining may vary from samples provided. Whilst every effort to match sales samples to the finished Goods but accepts no liability whatsoever where the samples differ to the finished Goods.
- The Client acknowledge that Goods supplied may exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time. Timber may expand, contract, wrap, twist or distort as a result of exposure to heat, cold, weather and mark or stain if exposed to certain substances. This is not considered as poor workmanship or quality.
- Holes for fence post footings will be dug approx. 600mm-700mm depending on soil quality and post will be erected as standard procedure i.e filling with cement mix with natural soil. (1 bag of cement is used in 3 posts). Unless agreed with client for some other alternatives.
Client Responsibility
- It is Client's responsibility to obtain all planning and building approvals (including any council permits) required for the construction/works prior to commencement as it will be assumed the client has all necessary permits and approval. Funntechies Services will not take any responsibility in case of any work completed with necessary approvals under client's directions.
- Removal of any furniture, personal effects or other property that are within 500mm of the fence line (including but not limited to taps, watering systems, pot and garden plants, ornaments, signage, gates, pergolas, decking, paving, clothesline, pool equipment, water/gas/power/telephone cables or pipes etc.) is required to minimise the risk of injury or any possible damage. We accepts no responsibility for damages cause to such items through the Client’s failure to comply with this condition.
- Funntechies Services shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) during the normal construction process.
- Funntechies Services requires access in order to undertake the Services, to an adjoining or adjacent property or land to the nominated job site, that is not owned by the Client, then it is the Client’s responsibility to gain permission from the land owner to use the above mentioned property throughout the process or delivering the Services. In the event the land owner denies access or use of the land or property, the Client shall be liable for all costs incurred by Funntechies Services in gaining permission to access and/or use the property through any legal process that may be deemed necessary.
- Client provide power and water for the installation of the Goods, if the Client cannot accommodate this condition the Client agrees to pay additional cost incurred (including but not limited to the hire of a generator, cart water etc.).
Underground Locations
- Location of underground services by a licensed service locator is required prior to commencement of any Services.
- The Client must consult all service providers for an “on-site service location” and any potential underground services should be clearly marked on site, including but not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, water irrigation systems and any other services that may be on site.
- Whilst Funntechies Services will take all care to avoid damage to any underground services but if any damage occurs the it is client's responsibility to clear any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified.
- The Client will be warned that ‘Dial Before you Dig’ is of no use in fencing on private properties and are not to supply or reply on this information solely. If the Client requests Funntechies Services to engage the service locator then this shall be in addition to the Price.
Title
- Funntechies Services and the Client agrees that ownership of the Goods shall not pass until the Client has paid Funntechies Services all amounts owing and the Client has met all of its other obligations.
- Client authorises Funntechies Services and it's contractor to enter any premises where Funntechies Services believes the Goods are kept and recover possession of the Goods.
- Client also authorises Funntechies Services and it's contractor to enter the premises and remove the installation works in case invoice is not fully paid with in 30 days of final notice of invoice. Client agrees that Funntechies Services will not take demolished waste and may leave on premises without disposal.
Default and Consequences of Default
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month
- If the Client owes Funntechies Services any money the Client shall indemnify Funntechies Services from and against all costs and disbursements incurred by Funntechies Services in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis.
Cancellation
- Cancellation of any works or contract within 48 hours of start date will incur 10% of admin fees along with material cost if already ordered.
Acceptance of Quotation:
- Client, once signed the quotation will be considered as accepting the terms and will be immediately bound by conditions .
- Terms and conditions may only be amended with the consent of both parties in writing.
- Electronic signatures and acceptance shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
- Where the Client is requesting us to provide Services is acting with or on behalf of any third party, then in the event that the third party does not pay for the Services when due, the Client acknowledges that they shall be liable for the payment of the Price as if they had contracted the Services on their own behalf.
- The Client accepts and acknowledges that if Funntechies Services denied access to the worksite on the agreed start date, then $200 will be charged towards loss of wages, travel charges and other losses.
- The Client agree to comply with the provisions of all statues, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
- Unless stated, the quoted Price are based on standard fences constructed to existing land levels and/or slopes.
- Traces of cement/concrete will be left around the fence line during construction of fence and land will be fairly levelled with existing soil. Excess soil or dirt will not be disposed.
Price and Payment
- Quotation provided will be valid for the period stated in the quotation or otherwise for a period of 30 days. After this date Funntechies Services may change quoted price. - Additional cost will be charged if there is any variation to the original work order by client or if additional works are required due to hidden or unidentifiable difficulties (including but not limited to, poor weather conditions, limitations to accessing the site, health hazards (such as the discovery of hazards or other foreign materials) prerequisite work by any third party not being completed, hard rock barriers below the surface, iron reinforcing rods in concrete or hidden pipes or wiring, tree roots etc.) which are only discovered on commencement of the Services.
- Variations will be charged for on the basis of quotation, and will be detailed in the invoice. The Client shall be required to respond to any variation within 5 days and during this time any works may be halt until client agrees to proceed. Payment for all variations must be made in full at the time of their completion.
- Funntechies services at discretion, may ask for non-refundable deposit to confirm the start date for works which may be forfeited if work cancelled within 48 hours of commencement.
- Payment plan for any works quoted by Funntechies Services will be as per schedule mentioned on quotation provided.
Delivery
- Delivery of the Goods to occur at the time discussed with client and will be delivered by Funntechies Services nominated carrier to the nominated address even if the Client is not present at the address.
- Cost of delivery is either included in the Price or is in addition to the Price which will be advised to the client before finalising the commencement date of work.
- Funntechies Services will ensure that the work starts as soon as possible and any delays or extension will be notified to client either verbally or written depending on client's choice. Client must opt the choice in writing for any notification.
- It is customer's responsibility to take care of any goods delivered at client's nominated site. Any damage, loss or mishandling will be charged to customer as an additional cost as per invoice.
Construction Requirement & Obligations
- The Client must be on site to supervise the setting out of the fence construction string line. The Client will ensure the placement of boundary pegs or markers prior to fence construction. If the Client fail to comply with this clause then Funntechies Services accepts no responsibility for installation decisions that need to be taken by Funntechies Services in the Client's absence.
- The Client acknowledges that it is their responsibility to remove any existing fence (including existing footings), trees, vines and shrubs to allow Funntechies Services and it's contractors clear access along the proposed fence line prior to commencement of work unless otherwise agreed in writing between Funntechies Services and the Client. 500mm of clearance is required at both side of fence line otherwise extra cost will be added as per quotation.
- Whilst Funntechies Services will take all due care during installation no responsibility for tiles or pavers damaged during installation.
- Standard fence normally construct with approximate measurements and there is no gaurantee that any spacing or length will be exact in measurements. Any specific requirements will be charged as an additional cost which not only limited to spacing between palings, rails, post etc. unless client has communicated such requirements with Funntechies Services in writing.
- Where fencing is installed on a retaining wall, there is no liability for any movement in the fence due to consolidation or the movement of soil or any other component of the retaining wall.
- No responsibility for digging land out under fence lines nor removal of soil from the worksite.
- Timber is a natural product and as such colour, shade tone, markings, and veining may vary from samples provided. Whilst every effort to match sales samples to the finished Goods but accepts no liability whatsoever where the samples differ to the finished Goods.
- The Client acknowledge that Goods supplied may exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time. Timber may expand, contract, wrap, twist or distort as a result of exposure to heat, cold, weather and mark or stain if exposed to certain substances. This is not considered as poor workmanship or quality.
- Holes for fence post footings will be dug approx. 600mm-700mm depending on soil quality and post will be erected as standard procedure i.e filling with cement mix with natural soil. (1 bag of cement is used in 3 posts). Unless agreed with client for some other alternatives.
Client Responsibility
- It is Client's responsibility to obtain all planning and building approvals (including any council permits) required for the construction/works prior to commencement as it will be assumed the client has all necessary permits and approval. Funntechies Services will not take any responsibility in case of any work completed with necessary approvals under client's directions.
- Removal of any furniture, personal effects or other property that are within 500mm of the fence line (including but not limited to taps, watering systems, pot and garden plants, ornaments, signage, gates, pergolas, decking, paving, clothesline, pool equipment, water/gas/power/telephone cables or pipes etc.) is required to minimise the risk of injury or any possible damage. We accepts no responsibility for damages cause to such items through the Client’s failure to comply with this condition.
- Funntechies Services shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) during the normal construction process.
- Funntechies Services requires access in order to undertake the Services, to an adjoining or adjacent property or land to the nominated job site, that is not owned by the Client, then it is the Client’s responsibility to gain permission from the land owner to use the above mentioned property throughout the process or delivering the Services. In the event the land owner denies access or use of the land or property, the Client shall be liable for all costs incurred by Funntechies Services in gaining permission to access and/or use the property through any legal process that may be deemed necessary.
- Client provide power and water for the installation of the Goods, if the Client cannot accommodate this condition the Client agrees to pay additional cost incurred (including but not limited to the hire of a generator, cart water etc.).
Underground Locations
- Location of underground services by a licensed service locator is required prior to commencement of any Services.
- The Client must consult all service providers for an “on-site service location” and any potential underground services should be clearly marked on site, including but not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, water irrigation systems and any other services that may be on site.
- Whilst Funntechies Services will take all care to avoid damage to any underground services but if any damage occurs the it is client's responsibility to clear any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified.
- The Client will be warned that ‘Dial Before you Dig’ is of no use in fencing on private properties and are not to supply or reply on this information solely. If the Client requests Funntechies Services to engage the service locator then this shall be in addition to the Price.
Title
- Funntechies Services and the Client agrees that ownership of the Goods shall not pass until the Client has paid Funntechies Services all amounts owing and the Client has met all of its other obligations.
- Client authorises Funntechies Services and it's contractor to enter any premises where Funntechies Services believes the Goods are kept and recover possession of the Goods.
- Client also authorises Funntechies Services and it's contractor to enter the premises and remove the installation works in case invoice is not fully paid with in 30 days of final notice of invoice. Client agrees that Funntechies Services will not take demolished waste and may leave on premises without disposal.
Default and Consequences of Default
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month
- If the Client owes Funntechies Services any money the Client shall indemnify Funntechies Services from and against all costs and disbursements incurred by Funntechies Services in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis.
Cancellation
- Cancellation of any works or contract within 48 hours of start date will incur 10% of admin fees along with material cost if already ordered.
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