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Terms and Conditions

1. Acceptance of Terms

By accepting a quotation, signing an agreement, paying a deposit, or instructing LE Contracting to commence work, the customer agrees to these Terms and Conditions.

 

2. Quotations

All quotations are based on the information and site conditions available at the time of quoting. Unless otherwise stated, quotations are valid for 30 days.

 

The quotation includes only the works and materials specifically listed. Any additional work requested by the customer or required due to unforeseen site conditions may be charged as a variation.

 

3. Scope of Works

The agreed scope of works will be detailed in the quotation. Works not specifically included are excluded from the contract.

 

The customer is responsible for ensuring that the proposed fence location is correct and that they have the authority to authorise the works.

 

4. Property Boundaries and Services

The customer is responsible for providing accurate information regarding property boundaries where required. LE Contracting is not responsible for disputes arising from incorrect boundary information supplied by the customer.

 

The customer must advise LE Contracting of any known underground or concealed services, pipes, cables, irrigation, drainage, structures or other obstructions.

 

Where required, underground service locations will be checked through the appropriate service-location process. However, private services may not be identified through standard service searches, and the customer remains responsible for notifying the contractor of known private services.

 

5. Site Access

The customer must provide safe and reasonable access to the property for the contractor, employees and subcontractors.

 

The work area must be reasonably clear of vehicles, rubbish, furniture, vegetation and other obstructions unless otherwise agreed.

 

Additional charges may apply where site conditions prevent or delay the work from proceeding.

 

6. Existing Fences and Structures

Unless specifically stated in the quotation, removal and disposal of existing fencing, concrete, retaining walls, vegetation, structures or other materials is excluded.

 

Where removal is included, the quotation will specify the extent of removal and disposal.

 

7. Materials

Materials will be supplied in accordance with the accepted quotation. Minor variations in colour, texture, grain, finish or appearance may occur due to the nature of natural and manufactured materials.

 

Where the customer supplies materials, LE Contracting is not responsible for defects, shortages, incorrect quantities or incompatibility of customer-supplied materials.

 

8. Variations

Any changes to the agreed scope of works requested by the customer may constitute a variation.

 

Variations may include, but are not limited to:

 

  • changes to fence height, length or design;

  • additional gates;

  • additional posts or concrete;

  • removal of unexpected materials or structures;

  • difficult or rocky ground conditions;

  • retaining or excavation requirements;

  • additional labour or equipment;

  • changes requested after work has commenced.

 

Where reasonably practicable, variations will be agreed with the customer before the additional work is undertaken.

 

9. Ground Conditions

Fencing installation is subject to actual site conditions. Unexpected rock, concrete, tree roots, unstable ground, steep access, buried materials, contaminated soil or other concealed conditions may require additional labour, equipment or materials.

 

Such additional costs may be charged to the customer as a variation.

 

10. Weather and Delays

Work may be delayed due to rain, storms, high winds, extreme weather, unsafe ground conditions, material shortages, supplier delays, industrial action, unavailable access or circumstances outside the reasonable control of LE Contracting.

 

The contractor will endeavour to reschedule affected works as soon as reasonably practicable.

 

11. Payment Terms

Unless otherwise stated on the quotation:

 

  • A deposit of material cost may be required before materials are ordered or work commences.

  • Progress payments may be required for larger projects.

  • The balance is due upon completion of the works.

  • Accounts not paid by the due date may incur reasonable recovery costs and interest where permitted by law.

 

12. Retention of Title

To the extent permitted by law, materials supplied remain the property of LE Contracting until payment has been received in full.

 

13. Cancellation

If the customer cancels the works after accepting the quotation, the customer may be responsible for reasonable costs already incurred by LE Contracting, including materials ordered, supplier charges, labour, transport and other costs associated with the project.

 

14. Completion of Works

The works will be considered substantially complete when the agreed fencing works have been completed, subject to minor defects or outstanding items that do not materially affect the use of the fence.

 

The customer should inspect the works as soon as reasonably practicable following completion and notify LE Contracting of any concerns.

 

15. Defects and Warranty

LE Contracting warrants its workmanship for 10 years, subject to reasonable use and maintenance.

 

Manufacturer warranties applying to supplied materials will be passed on to the customer where applicable.

 

The warranty does not cover damage or defects caused by misuse, impact, storms, natural movement, ground movement, third-party works, unauthorised alterations, lack of maintenance, animals, vegetation or circumstances outside the contractor’s reasonable control.

 

Nothing in these Terms and Conditions excludes, restricts or modifies any rights or guarantees that cannot lawfully be excluded under Australian Consumer Law.

 

16. Damage to Property

Reasonable care will be taken to protect the customer’s property. The customer acknowledges that fencing works may involve excavation, drilling, vehicles, machinery and access across or near existing surfaces and structures.

 

The contractor will not be responsible for pre-existing damage, defects or conditions that are identified or reasonably apparent before work commences.

 

17. Landscaping and Reinstatement

Unless specifically included in the quotation, reinstatement of gardens, turf, paving, concrete, irrigation, landscaping or other surfaces disturbed during fencing works is excluded.

 

Reasonable care will be taken to minimise disturbance.

 

18. Gates and Hardware

Gates are installed and adjusted according to the site conditions existing at the time of installation. Ground movement, vehicle impact, weather, misuse or changes to the surrounding surface may affect gate operation and may require subsequent adjustment or repair.

 

19. Customer Responsibilities

The customer agrees to:

 

  • provide accurate information regarding the property and proposed works;

  • provide safe access to the work area;

  • identify known hazards and private underground services;

  • obtain any approvals or consents that are the customer’s responsibility;

  • ensure pets and children are kept away from the work area;

  • make payments in accordance with the agreed payment terms.

 

20. Compliance with Laws and Standards

Works will be undertaken in accordance with applicable Australian laws, regulations, relevant standards and industry requirements applicable to the works.

 

Where approvals, permits, neighbour agreements or other requirements are the customer’s responsibility, the customer must obtain them before work commences unless otherwise agreed in writing.

 

21. Liability

To the extent permitted by law, LE Contracting will not be liable for loss or damage arising from circumstances outside its reasonable control or from information, instructions or materials supplied by the customer.

 

Nothing in these Terms and Conditions limits any liability or consumer guarantee that cannot legally be limited or excluded.

 

22. Disputes

If a dispute arises, both parties agree to first attempt to resolve the matter through direct communication and in good faith.

 

If the dispute cannot be resolved, either party may seek assistance through the appropriate Australian consumer, building or dispute-resolution authority applicable to the work and jurisdiction.

 

23. Australian Consumer Law

These Terms and Conditions are subject to the Competition and Consumer Act 2010 (Cth) and applicable Australian Consumer Law. Nothing in these Terms and Conditions is intended to exclude or limit any rights or remedies that cannot legally be excluded.

 

24. Privacy

Customer information will be used for purposes associated with quoting, scheduling, carrying out and administering the works and may be provided to suppliers, subcontractors or service providers where reasonably required to complete the works.

 

25. Agreement

Acceptance of the quotation or commencement of works constitutes acceptance of these Terms and Conditions.

 

Business: LE Contracting

ABN: 92489536849

Phone: 0498447083

Email: lecontracting12@gmail.com

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