All quotations are subject to the following Terms and Conditions. By accepting the quotation, you agree to be bound by the following Terms and Conditions.

INTERPRETATION
1. DEFINITIONS
In this agreement unless the context requires otherwise:
“Act” means the Fences Act 1968 (Vic).
“Agreement” means the Quotation and these Terms and Conditions.
“Contractor” means Aeon Features Group ABN: 44 627 355 515, or the person or entity acting on behalf of and with the authority of the Contractor.
“Common Boundary” means the boundary between the Customer’s land and the Neighbour’s land.
“Customer” means the person(s) or entity(ies) seeking the Services of the Contractor as described on any quotation, work authorization or other form as provided by the Contractor to the Customer, or any person(s) or entity(ies) acting on behalf of and with the authority of Customer. “Dividing Fence” has the meaning given to it in the Act. “GST” means a tax, together with any related additional tax and interest, imposed by or under a GST Law.
“GST Law” means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.
“Materials” has the meaning given to it in clause 4.4.
“Neighbour” means the party which owns or occupies, or both, the land adjoining the land occupied by the Customer.
“Notice” means a notice issued under the Act to a Neighbour, seeking contribution to the costs associated with construction or repair of a Dividing Fence. “Price” shall be either:
as indicated on invoices provided by the Contractor to the Customer in respect of the Services and Materials provided; or
be the price offered in the Quotation for the Services, and will be determined by the Contractor, in its absolute discretion.
“Removal Hourly Rate” means
$62.50 per hour per person used to undertake the work required pursuant to clause 6.2.
“Services” means the provision of quality fencing solutions and other ancillary services including but not limited 40:00 landscaping, painting, concreting, and retaining walls as described in the Quotation.
“Site” means the place at which the Services are carried out. “Quotation” means the quotation document supplied with these Terms and Conditions.

2. ACCEPTANCE
2.1 Any instructions received by the Contractor from the Customer for the provision of Services and/or the Customer’s acceptance of any quotation or Services provided by the

Contractor shall constitute acceptance of the terms and conditions contained herein.
2.2 Upon acceptance of these terms and conditions by the Customer the terms are binding and can only be amended with the written consent of the Contractor.
2.3 Where more than one Customer has entered into this Agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.4 These terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the Contractor.

3. SERVICES
3.1 The Customer requests and the Contractor agrees to provide Services as described on the invoices and Quotation as provided by the Contractor to the Customer.

4. PRICE AND PAYMENT
4.1 The Customer is responsible for the payment to the Contractor of the Price for the Services.
4.2 The Contractor reserves the right to change the Price in the event of a variation to the Contractor’s Quotation.
4.3 At the Contractor’s sole discretion, a deposit of up to fifty (50) percent of the Price may be required. The deposit shall become immediately due and payable upon acceptance of any Quotation. Where the Contractor or its agents order specialized labour or material (“Materials”) to perform the Services, and the Customer terminates this Agreement, the Customer remains liable for the total price of the Materials including any amount exceeding the deposit held (if any). On payment of the total price of the Materials, the Contractor will hand over the Materials to the Customer.
4.4 Time for payment for the Services shall be of the essence and will be stated on the invoice, Quotation or any other order forms. If no time is stated, then payment shall be due and payable within one (1) day of completion of the Services.
4.5 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any Quotation given by the Contractor.
4.6 Any fencing erected, or any Materials used, in the course of the Contractor performing its Services will remain the property of the Contractor until payment of all outstanding amounts owing by the Customer to the Contractor is made.

5. QUOTATION
5.1 Quotations are valid for thirty (30) days from the date listed on the Quotation unless otherwise provided.
5.2 Quotations are based on construction on clear, unobstructed areas unless otherwise provided.
5.3 No allowance has been made for: concealed obstructions which may be encountered on the Site including rock, wire, pipes, tree roots, broken posts, foundations, thick or reinforced concrete; and the removal of any debris from the Site after completion of the Services.

6. DIVIDING FENCES
6.1 If the Services relate to a Dividing Fence, the Customer acknowledges that the Customer may seek contribution from the Neighbour for the costs associated with the replacement or repair of the Dividing Fence in accordance with the Act.
6.2 At the request of the Customer, the Contractor shall send a Notice to the Neighbour.
6.3 The failure of the Neighbour to make payment in accordance with the Notice does not affect the Customer’s liability to the Contractor and the Customer will continue to be liable for payment of the Price to the Contractor.
6.4 The Customer hereby indemnifies and will keep the Contractor harmless against any and all actions, proceedings, claims, damages, costs and expenses which may be made by the Nieghbour, or any third party, against the Contractor in respect of the Services which relate to a Dividing Fence.

7. FENCE SPECIFICATIONS
7.1 Where the Services are on a Common Boundary, all Neighbours consent to the fence being constructed on the alternative line nominated.
7.2 At the Contractor’s sole discretion, it will determine the side on which the fence posts are to be installed unless otherwise agreed between the Contractor and the Customer.
7.3 The Customer acknowledges that timber is a natural product that is susceptible to warping and cracking. To the extent permitted by law, the Contractor excludes any liability to the Customer for any naturally occurring wear and tear of the Materials, or for any costs, charges or expenses incurred by the Customer arising from or in connection with the Materials.

8. BOUNDARIES
8.1 The Customer acknowledges that it is responsible for ensuring the correct position of the pegs and boundaries and warrants that the pegs and boundaries are in the correct position for the Services.
8.2 The Customer acknowledges and agrees that no representations as to the accuracy of the position of the boundaries or pegs have been given by the Contractor.
8.3 The Customer hereby indemnifies and keeps the Contractor harmless against any and all actions, proceedings, claims, damages, costs and expenses arising from the position of the boundaries, pegs or the Services.

9. GATES
9.1 Unless otherwise provided in the Quotation, all gates shall be constructed square, hung level and hinged to posts with standard hinging, sufficient to clear existing ground level.
9.2 If the Customer requests any non-standard, rake purpose or contour gate, the Contractor will charge the Customer an additional fee.

10. HOLES
10.1 If the Contractor is required to core holes in rock, brick or concrete in order to undertake the Services, the Contractor will charge the Customer a minimum of $35.00 each (plus GST) which fee will be dependent upon the degree of difficulty in coring the hole and the methods to be used.
10.2 Prior to the coring works, the Customer will be notified by the Contractor of the fee which the Customer will be obliged to pay.

11. DEFAULT
11.1 Overdue invoices will accrue on each invoiced amount from the due date of the invoice until payment of the full invoiced amount at a rate fixed by the Attorney-General under the Penalty Interest Rate Act 1983. The Customer agrees that this is fair and reasonable and is directly relevant to the likely damage that the Contractor might suffer as a resolute of non- payment by the Customer.
11.2 Overdue invoices will also cause the guarantee provided by the Contractor in clause 19 to be void.
11.3 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify the Contractor from and against all the Contractor from and against all the Contractor’s costs and disbursements (including legal costs) on an indemnity basis, whichever is the higher, and in addition, all of the Contractor’s
nominees’ costs of collection, inclusive of debt collection, agency fees and commissions.
11.4 Without prejudice to any other remedies the Contractor may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Contractor may suspend or terminate the provision of Services to the Customer and any of its other obligations under this Agreement. The Contractor will not be liable to the Customer for any loss or damage the Customer suffers because the Contractor exercised its rights under this clause.
11.5 In the event that:
(a) Any money payable to the Contractor becomes overdue, or;
(b) In the Contractor’s opinion the Customer will be unable to meet its payments as they fail due; or
(c) The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(d) A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer, then without prejudice to the Contractor’s other remedies at law;
(e) The Contractor shall be entitled to cancel all or any part of any Service that remains unperformed in accordance with clause 15, in addition to and
without prejudice to any other remedies; and
(f) All amounts owing to the Contractor shall, whether or not yet due for payment, immediately become due and payable in addition to the interest payable under clause 0.1; and
(g) Outstanding monies shall be recoverable forthwith from the Customer as a liquidated debt together with any surcharge and costs.

12. RISK
12.1 The Customer shall keep the Contractor indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses relating to the Services.
12.2 To the extent permitted by law, the Contractor excludes any liability to the Customer for any injury, damage or loss of any kind whatsoever (including without limitation any liability for direct, indirect, consequential loss or damage) sustained by the Customer and/or any act or omission of the Contractor.
12.3 The Customer hereby disclaims any right to rescind or cancel the Agreement or to sue for damages or to claim resolution arising out of any misrepresentation made to the Customer by any servant or agent of the Contractor and the Customer acknowledges that it seeks the Services provided by the Contractor relying solely upon the Contractor’s own skill and judgement and that the Contractor shall not be bound by nor held responsible for any
term, condition, representation or warranty.

13. CANCELLATION
13.1 The Contractor may immediately cancel these terms and conditions or cancel the provision of Services at any time before the Services are rendered by giving written notice to the Customer. The Contractor shall not be liable for any loss or damage whatsoever arising from such cancellation.
13.2 The Customer may cancel the provision of Services at any stage before the Contractor orders Materials for the Services, failing which the Contractor is at liberty to charge the Customer for the full price of the Materials.

14. DEFECTS
14.1 The Customer shall inspect the Services upon completion and notify the Contractor in writing within twenty -four (24) hours of any defects or failure to fulfill any aspect of the Agreement.
14.2 In the event that no written notification is received by the Contractor from the Customer within twenty-four (24) hours of completion of the Services, the Services provided are taken to be fit for their purpose and no other.

15. WARRANTEES
15.1 The Contractor makes no warranties except those contained in this Agreement and the Customer acknowledges that the Contractor makes no further express or implied warranties other than specified under written law.

16. CLAIMS AGAINST CONTRACTOR
16.1 The Customer may make no claim against the Contractor in respect of the Services unless the Customer has first:
(a) notified the Contractor in writing of the complaint, setting out the nature of the complaint and the works required to remedy the Services which are the subject of the complaint.
(b) provided an opportunity for the Contractor to attend the Site to inspect the Services which are the subject of the complaint, and
(c) provided the Contractor with a period of not less than thirty (30) days to remedy the Services.
16.2 The Customer and the Contractor agree that in the event and dispute arises between them in performance of the Agreement, they shall not proceed in a court of law until such time as they have undertaken arbitration, the decision of which shall be binding on the parties.

17. GUARANTEE
17.1 In addition to any requirement under the Act or any written law with respect to the Services and subject to any matters specifically set out in this Agreement, the Contractor guarantees, for a period of 120 days from the date of completion of the Services, that the Services will be:
(a) Free from defects; and
(b) Carried out in a proper and workmanlike manner.
17.2 If the Customer is of the opinion that the Services are not free from defects or were not carried out in a proper and
workmanlike manner, the Customer must provide written notice of the claim to the Contractor within seven (7) days of the Customer becoming aware of the defect or failure to carry out the Services in a proper workmanlike manner.
17.3 The Contractor may repair, replace or make good any of the Services which the Customer claims are defective or have not been carried out in a proper and workmanlike manner.
17.4 The Contractor does not warrant or guarantee any Materials supplied or Services rendered which are outside the scope of the Services and Quotation.’

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