Last updated: 30 October 2024

By: Katrina Madsen Office Administrator.

GA FENCING TERMS OF SERVICE

Terms of Service ("Terms")

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Account” means a unique account created for You to access our Service or parts of our Service.
“Call Out Fee” refers to a fee charged for Jobs quoted at $2000 or below, that account for the costs associated with travelling to, and measuring up the Job prior to commencement or issuance of the revised Quote. As of the 31st of October, this fee is $220 exclusive of Goods and Services Tax (GST).
“Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to GA Fencing; GA Fencing Brisbane; or Dale Carel Chicheley Ballance (ABN 14 118 673 954).
“Company Staff” refers to employees of the Company, or individuals contracted out by the Company for the use of labor hire during the period of the Job’s completion.
“Country” refers to Australia.
“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
“Defects” refers to any imperfections in the completed Job and are required to be communicated to the Company by the Customer within a week (7 days) of the Job’s completion to ensure their validity.
“Deposit” refers to the amount specified in the Payment Terms that the Customer is required to pay prior to any commencement of Service by Us.
“Frequency” refers to the frequency of Progress Payments to be made to the Company by the Customer, as stipulated in the Progress Payment Schedule or as otherwise agreed to be invoiced as components of the Job have been purchased, drafted, manufactured, delivered, or installed.
“Invoice” refers to the document issued to the Customer by Us, reflective of any and all work completed or yet to be completed (see: Job Total), and may be issued either fully or partially (see: Partial Invoice). Payment of the Invoice is to be made in accordance with the Invoice Payment Schedule in the Payment Terms.
“Job” (also referred to as the “Service” in this Agreement) refers to the Service for which We are being hired by the Customer to complete, including but not limited to: Purchasing and provision of materials, manufacturing and fabrication of products, installation of products, and issuance of certificates and documentation.
“Job Components” refers to the steps, activities or materials required to complete each job including but not limited to: Purchasing materials, drafting products, manufacturing products, delivering products, and installing products.
“Job Total” refers to the whole and entire agreed to Quote, Invoice and any further Payment Variations submitted after the job has begun, inclusive of GST.
“Liquidated Sum” refers to the final compensation figure payable by the Customer for any outstanding Invoices, Partial Invoices, or Payment Variations, and includes additional losses incurred by the Company in the pursuit of the original Invoiced sum.
“Partial Invoice” refers to the Invoices issued that are reflective of the specified percentages of the Job Total, available in the Deposit or Progress Payments Schedule or otherwise invoiced as Job Components have been purchased, drafted, manufactured, delivered, or installed.
“Payment Variation” refers to any and all changes made prior to, during, or after, the completion of the Job, that are otherwise not communicated through changes made to the initial Quote.
“Progress Payment” refers to an ongoing payment amount, reflective of the specified percentage of the Job Total. This will either be invoiced as according to the Deposit or Progress Payments Schedule, or invoiced as Job Components have been purchased, drafted, manufactured, delivered, or installed.
“Quote” refers to the document submitted to the Customer that displays the estimated Job Total, prior to final measure ups and Supplier enquiries. The Job Total provided on a Quote is subject to change according to final measurements, changes requested by the Customer, or variations of materials due to error or Supplier changes.
“Supplier” refers to the various businesses, companies, or individuals from which the Company acquires the materials required to complete a Job.
“Terms of Service” (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
“Third Party” refers to any party (individual, group or company) employed by or working in conjunction with; the Customer or the Company.
“Website” refers to GA Fencing’s website, accessible from www.gafencing.com.au
“You” (also referred to as “the Buyer” or “the Customer” in this Agreement) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all Customers regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. By using the Service, You agree to be bound by these Terms of Service and approval of a Quote, Invoice or Variation serves as an agreement with the Terms of Service set out in this document. If You disagree with any part of these Terms of Service, then You may not access the Service.

Payment Terms

The Deposit amount, Progress Payment amount and Frequency is determined by the Job Total. Please refer to the table below for the corresponding Deposit or Progress Payment schedule. Where there is no deposit listed, a Call Out Fee will be added instead to the Job Total, to account for the costs associated with travelling to and measuring up, the Job prior to proceeding.

Non-payment of Invoices, Partial Invoices, or Payment Variations will receive a two-week grace period from the date of the Invoice’s issuance before pursual via legal means if the Customer has failed to communicate or seek an alternative due date for the Invoice’s payment, as agreed to by the Company. This includes but is not limited to: Queensland Building Construction Commission (QBCC), Master Builders Queensland, and any other legal representatives or debt collectors the Company employs – temporarily or otherwise, to recoup unpaid amounts from the Customer.

The Company reserves the right to charge interest on monies owed at the rate of 12.5% per annum, to recoup the losses accrued from employment of legal or debt collection aid and subsequent running losses from any delay of payment. This will be reflected on the most recent Invoice supplied to the Customer and will be updated accordingly each month that the Invoice remains unpaid.

In the event of failure by the Customer to pay all or part of the invoiced goods, the Company shall have the right to retake and resume possession of all goods. The includes the right to enter any premises in which goods are stored without prejudice to the rights to sue for the face value of the invoices as a Liquidated Sum.

Deposit or Progress Payments Schedule

Invoice Payment Schedule

Quotes

Quotes provided by the Company to the Customer are unofficial in nature and not made official until approved by the Customer. Quotes are generated through the general estimation of past and recent Jobs done by the Company and while the Company endeavours to provide as accurate a Quote as possible to the Customer, Quotes may still need to be updated or revised to allow for changes to materials, Supplier costs or stock levels, underestimation or overestimation of the Quote by the Company.

Quotes do not include crane or scaffolding costs if and where required. It is the Buyer’s responsibility to provide adequate framing support for attachment of items. It is the Buyer’s responsibility to identify and point out any latent conditions (buried pipes and cables etc) which may be damaged during installation., prior to the commencement of the Job.

As of the 28th of October 2024, Quotes are sent to Customers from the Company’s accounting software – Xero. This software allows the Customer to Accept or Reject the Quote provided by the Company, and in doing so, the Customer also accepts these Terms of Service. Quotes are valid for 30 days from date of issue.

Defects

The Company ensures the quality and integrity of it’s Service. This encompasses any defects picked up after the completion of the Job, by the Customer, the Company, Company Staff, or a Third Party.

The term “Defect” has been defined accordingly under the Definitions section of this document. Please note that a “Defect” as defined by the Company and the Terms, is not an unofficial change or Variation desired but not communicated by the Customer.

Any and all defects noticed by the Customer, the Company, Company Staff, or Third Party, are required to be effectively communicated to and confirmed by the Company, within a week (7 days) of the Job’s completion.

Communication of defects must exclusively be sent via email to admin@gafencing.com.au or dale@gafencing.com.au to guarantee validity and confirmation (required) by the Company. Notice of Defects communicated via other methods or portals including but not limited to: Phone call or text message, social media, BuilderTrend, or portals owned and operated by the Customer, will be deemed as unofficial and invalid by the Company, and the Company reserves the right to pursue payment of any and all unpaid Invoices accordingly.

Termination

We may terminate or suspend Your contract immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your contract, You may inform us and will be liable to pay any and all monies owed for work completed up to the point of Termination of contract.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please notify us within 7 days of receiving the updated Terms with your required amendments.

Contact Us

If you have any questions about the Terms of Service, please don’t hesitate to reach out to admin@gafencing.com.au

Ph. 0412 022 149