T & C | Ag Fencing Solutions

Terms & Conditions

Ag Fencing Solutions Pty Ltd

1. Quotes & Accuracy

The client is responsible for ensuring all information provided for quoting is accurate and complete. All quotes are estimates only and may vary if actual site conditions differ from those visible, disclosed, or reasonably ascertainable at the time of quoting.

Quotes are valid for 30 days from the date of issue. All prices exclude GST unless stated otherwise.

2. Site Conditions & Unforeseen Costs

Quotation is based on typical rural fencing conditions. Additional costs may be incurred where unforeseen or hidden conditions are encountered, including (but not limited to):

Rock or hard ground
Tree roots
Buried posts, wire, steel, or concrete
Unknown, undisclosed, or incorrectly located underground services
Old footings or foundations
Poor access, steep terrain, or unstable ground

The client will be liable for payment of additional costs which may include extra labour, machinery, consumables, or materials. Ag Fencing Solutions Pty Ltd will notify and discuss such costs with the client as soon as reasonably practicable during the works.

3. Payment Terms

A 50% deposit is required prior to ordering or supplying materials.
The remaining balance is due on completion of works, unless otherwise agreed in writing.
Completion occurs when the site is safe and usable for its intended purpose.
The client is responsible for payment in full of the completed work. The client is solely responsible for recovering any contribution from adjoining landowners, whether pursuant to the Fences Act 1968 (Vic) or otherwise.
Where works do not reach completion due to cancellation or termination, payment obligations will be determined in accordance with Clause 12.

4. Late Payment

Any amounts not paid when due may, at Ag Fencing Solutions Pty Ltd’s discretion, incur interest at 2% per calendar month (or the maximum rate permitted by law), calculated daily from the due date until payment is received.

Any costs reasonably incurred in recovering overdue amounts, including debt collection fees and legal costs, will be payable by the client.

5. Materials & Ownership

All materials supplied and installed remain the property of Ag Fencing Solutions Pty Ltd until full and final payment has been received.

6. Underground Services

The client is responsible for locating, identifying, and clearly marking all underground services prior to commencement of works, including gas, electricity, water, telecommunications, drainage, and sewerage.

All reasonable care will be taken; however, Ag Fencing Solutions Pty Ltd is not responsible for damage to underground services that are unmarked, incorrectly marked, or not disclosed by the client.

7. Boundaries

Fence alignment is based on information supplied by the client. Where required, it is the client’s responsibility to organise and pay for a boundary survey and ensure survey pegs are clearly visible prior to works commencing.

Ag Fencing Solutions Pty Ltd accepts no responsibility for boundary disputes arising from incorrect, unclear, or disputed boundary information supplied by the client.

8. Fence Removal & Clearing

Removal of existing fences, disposal of old materials, and fence line clearing (including vegetation, debris, or obstructions) are not included in the quoted price unless specifically listed in the written quotation or scope of works.
Where such works are requested or required, additional charges may apply for labour, machinery, disposal fees, and time.

9. Safety & Access

The client must provide safe, clear, and reasonable access to the site for the duration of the works.

The client is responsible for the supervision and restraint of children, pets, livestock, and visitors while works are being carried out. Worksites must comply with all applicable workplace health and safety requirements.

10. Variations

Any variations to the agreed scope of works must be approved by the client and may result in adjustments to price and/or timeframes.

11. Liability, Indemnity & Insurance

11.1 To the extent permitted by law, the client indemnifies and holds harmless Ag Fencing Solutions Pty Ltd against third‑party claims, losses, or damages arising from:

Site conditions
Undisclosed or incorrectly marked underground services
Boundary location or disputes
Acts or omissions of the client or third parties
Matters outside the reasonable control of the contractor

11.2 The client is responsible for maintaining appropriate insurance to cover material damage to the works, materials, and site from the commencement of work until completion.

11.3 Ag fencing Solutions Pty Ltd will not be liable for loss of or damage to the works caused by fire, storm, flood, vandalism, theft or other events outside its reasonable control prior to completion.

11.4 The client acknowledges that timber is a natural product and may be subject to movement, warping, twisting, splitting, cracking, shrinkage, swelling or other changes over time due to weather, moisture, and environmental conditions. Ag Fencing Solutions Pty Ltd is not liable for natural movement or changes in timber occurring after installation, except where such change is directly caused by defective workmanship.

12. Cancellation & Termination
12.1 Cancellation by Client Prior to Commencement
The client may cancel the contract prior to commencement of works by providing written notice to Ag Fencing Solutions Pty Ltd. Cancellation may incur a fee to cover any costs already incurred, including but not limited to:

Materials ordered or delivered
Restocking fees
Delivery charges
Labour and site preparation
Administration or other non-recoverable costs

12.2 Cancellation by Client Due to Unforeseen Conditions
If, during the course of works, unforeseen site conditions arise (including but not limited to rock, tree roots, buried posts, old footings, or unstable ground) that activate additional costs under Clause 2:

Ag Fencing Solutions Pty Ltd will notify the client of the nature and estimated cost of such additional works as soon as reasonably practicable.
The client may elect to cancel the contract at this stage by providing written notice.
In the event of cancellation under this clause, the client is liable to pay for all works performed and materials supplied up to the point of cancellation, including any additional costs incurred as a result of the unforeseen conditions.

12.3 Cancellation by Contractor
Ag Fencing Solutions Pty Ltd may cancel or terminate the contract at any time by providing written notice to the client if:

The client fails to pay any deposit or amount due in accordance with these Terms & Conditions.
The site is unsafe, inaccessible, or does not comply with the requirements outlined in these Terms & Conditions.
There are unforeseen circumstances or events outside the reasonable control of Ag Fencing Solutions Pty Ltd that prevent completion of the works.

12.4 Effect of Termination
Upon cancellation or termination:

The client must pay for all works performed, materials supplied and costs incurred up to the date works cease.
Ag Fencing Solutions Pty Ltd is entitled to retain any deposit or part thereof to cover costs incurred.
Both parties release each other from any further obligations under the contract, except for obligations that expressly survive termination, including liability for damage, indemnity, and payment of amounts owing.

13. Delays Beyond Control

Ag Fencing Solutions Pty Ltd will not be liable for any delay or failure to perform the works where such delay or failure is caused by events beyond its reasonable control, including but not limited to:
• Adverse weather conditions
• Delays in third party supply or delivery of materials
• Industrial disputes
• Natural disasters
• Government restrictions or regulatory changes

In such circumstances, the timeframe for completion will be extended accordingly, and works will be rescheduled as soon as reasonably practicable.

14. Marketing & Photography

Ag Fencing Solutions Pty Ltd may take photographs of completed works for record-keeping and promotional purposes. Photographs will focus on the fencing works and reasonable care will be taken to avoid identifying personal property or private areas.

If the client does not consent to the use of photographs for promotional purposes, the client must notify Ag Fencing Solutions Pty Ltd in writing prior to or at the time of booking.