ABN: 99626427987

Email: [email protected]

FENCING TERMS & CONDITIONS

The following represents a legal binding agreement between Platinum Barriers Pty Ltd. herein referred to as Platinum Barriers and person/s who initiated the sale. This is to be read in conjunction with the quotation provided and any additional conditions, agreements, comments, associated therewith will form an additional agreement to the clauses outlined below. By paying a deposit the client hereby confirms that they have read the following terms and conditions and agree to the terms and conditions in full. Clients must be present on site upon the commencement of the works to run through the job particulars with our installer & clients must be present on site upon completion of the works to sign off the works and complete the CSR form for warranty and final payment.

Payment

Unless otherwise stated payment terms are to be 50% refundable deposit to be paid up front for material procurement and/or specialist subcontract labour / services, upon acceptance of our quotation, with the remainder to be paid on the day of completion. Late payments will also result in any applied deductions being reapplied to the quotation and may result in an initial $180 charge being applied to the invoice and applied interest rate of 10.5% as set by the WA Supreme Court Act of 1986. All quotations are including GST unless otherwise stated. Where orders have already been placed for non “off the shelf items, to fulfil this contract and the client cancels the contract, the client remains liable for the balance of the retail price of the goods over and above the deposit held if any. On payment of the balance, materials will be handed over to the client with invoice receipts. All cancelled “off the shelf” materials already ordered will incur a 20% restocking fee. Failure to comply with payment terms will void warranty. Payment must be made in full on invoice being issued. Invoices will be issued following full payment. If you wish to book in advance and upon payment of 10% Platinum Barriers will freeze the price for a period not exceeding 3 months. The remainder of the 50% deposit will be paid prior to commencement of works. Platinum Barriers may not order materials until the deposit is paid, special order products may take up to 6 weeks for delivery. Credit card payments will incur a 1.5% surcharge. Platinum Barriers will issue one invoice per job additional invoices or split invoices will be charged at $80 per invoice. Failure to pay on the day of completion will result in any discounts given being reapplied. Discounts will only be applied where the client complies with our Facebook terms and conditions which may change from time to time. Upon receipt of the supplier’s invoice the receiver (client) accepts and agrees to all conditions listed below. Upon receipt of this invoice the recipient takes full personal guarantee of payment of invoice amount in full and accepts the conditions hereafter. All goods and services supplied under this invoice remain the property of the supplier until full and final payment of the invoice is made. If full and final payment is not received the supplier has the right to enter the premises using any force as may be deemed necessary to remove materials, goods and or seize property or assets to the estimated value of the debt. The client in accepting previous conditions accepts this clause, wavering any rights to any form of litigation against the supplier. Any costs to the supplier incurred in the attempted recovery of said debt will also be borne by the client. The client agrees that under WA legislation recovery of property or assets to recoup the debt may not be limited to, and may include property or assets of any person cohabiting with the recipient of the invoice. The client agrees that in the event of the supplier being unable to recoup the payment of the invoice in full, that his/her name may be placed on the National Debtors list. The client agrees that interest will be charged on all outstanding amounts at the interest rate of 10.5% as set by the WA Supreme Court Act of 1986. The supplier reserves the right to invoke a caveat on property/assets should it become necessary. If the client is not on site on the completion of the job to make final payment and sign the CSR form, works will not be completed and our revisit fee to complete the works will be charged at $180 to be paid prior to the completion of the works. Discounts applied to quotations as agreed are only applicable subject to the client leaving a review on our Facebook page.

Adjoining property owners

The client agrees to notify the neighbour’s and adjoining property owners by of works being carried out and where a party fence is to be removed. It is not the responsibility of Platinum Barriers to retain pets within the boundary of adjoining premises. No responsibility will be taken for pets not securely retained within the site. The client shall continue to be responsible if the adjoining owners fail to comply with the Fences Act, or to make any payments in accordance with the Fencing Notice and any agreements. The failure of neighbours to contribute towards the cost of the works quoted or comply with the Fencing Act or to make any payment in accordance with the Fencing Notice served on them shall continue to be the responsibility of original client who initiated the Contract.

Electricity & Water.

The client shall supply electricity and water at all times during construction to the immediate working area. In the event that power and water are not supplied any extra cost incurred including generator hire, cartage, loss of time or additional labour shall be charged to the client as a variation.

Site

All quotations are based on construction on clear unobstructed areas unless otherwise provided in this quotation, the client shall clear all obstructions and provide a clear working area and access. If the owners fail to remove obstructions, then costs for removal including equipment and labour costs at $80+GST per hour per man shall be payable by the client above the quoted sum. All surplus materials / rubbish / packaging are the property of the client and it is their responsibility to provide adequate disposal / bins. We have not included for removal of surplus material / rubbish in our quotations and disposal will be charged as a variation.

Concealed items / Regulations

It is the responsibility of the client to inform Platinum Barriers in writing prior to commencement of works of any underground or concealed cables, ducts, pipes, gas, and any other service facility in the vicinity where works are being carried out, which is or may be affected by the construction and shall indemnify Platinum Barriers and its agents against any claims or demands made by any person or authority in respect of any damage. Platinum Barriers does not dig test holes prior to quotations. In the event that there is bedrock / large roots / brick / concrete / wire or solid materials concealed beneath the ground may be charged above the quoted amount. Platinum Barriers will provide a quotation to be agreed if such an event does occur, however Platinum Barriers reserves the right to withdraw from their quoted obligations if the works cannot be carried out in a safe manner. Example where Asbestos has been concreted in or dense tree roots are preventing the safe removal of the Asbestos. In these circumstances the works will be at the expense of the client. The client shall remove or protect all plants, ornaments, pipes, etc. which may be damaged. Platinum Barriers shall exercise every care to avoid any damage but accept no responsibility. The owners shall obtain any necessary permits and supply a copy of the permit and conditions to Platinum Barriers unless otherwise stated. It is the client’s responsibility to ensure that all statutory requirements are met such as but not limited to local council laws / requirements, planning permissions, and Building Code regulations. If pipes are bust during the course of the works Platinum Barriers will not take responsibility it will be at the cost of the client to repair. We charge a fee of $100 to fix reticulation pipes. If Platinum Barriers have to leave site for any reason other than what is stated above (Example Pipes in the line of the fence) a demobilization fee of $88 will apply. It is the responsibility of the client to check with the local shire for plans/maps with exact locations of underground services. It is the responsibility of the client to call “Dial before you dig” and retrieve any relevant information for underground services prior to commencement of works, the client will indemnify Platinum Barriers in respect to any damage caused to underground services as a result. Reticulation should not be within 100mm of fence line and moved if so to warranty products. Platinum Barriers have not included for making any boundary fences, windows, doors, stepping points, taps & GPO’s pool compliant unless stated in the quotation. It is the responsibility of the client to ensure the pool area is
compliant with AS1926.1 2012

Fence height and ground level

All heights of fences as shown shall be nominal only and fences shall be constructed from standard production components that shall yield the closest heights. Fences may vary in height due to uneven ground levels along the fence line. All heights will be measured from the ground level to the top of the fence. Gaps may appear under the fence and Platinum Barriers has not included for filling gaps as a result of uneven ground levels or sloping sites as part of the quotation. Gaps can be filled at an additional agreed cost. Example: Colorbond Gramline retaining plinths.

Gates

All gates shall be constructed square and hang level and hinged to posts with standard hinges to clear existing ground level unless otherwise stated. Any rake purpose, contour gate will be at an additional cost to the client. Gates may have to be hung above standard heights in order to achieve clearance of obstructions or raking ground levels this may vary between 10-100mm. Gate positions must be clearly marked, or they will be hung at the discretion of the installer. Gate latches/drop-bolts/sheets, may rattle in the wind and cause noise due to the nature of the product. Roller gates must be maintained, and rollers / sliding components kept free from debris. Rollers / sliding components must be checked and oiled every 3 months. All gates come with standard Butt hinges and a D-Latch unless otherwise stated all hinges latch and drop bolts are supplied in standard galvanize colours. Aluminium slatted gates and fences may have exposed screws unless otherwise requested at the time of the quotation. All non-standard colours will have a powder-coating charge. All motors to sliding gates have a 12-month warranty additional warranties may be available on the request of the client but must be made in writing by the client at the time of installation for the prescribed ongoing maintenance fee for the motor type. Swing gates may slightly sag or drop for gates over 2.5metres wide. All gates come with a standard zinc coated latch and butt hinges unless otherwise quoted. Gate frames are not welded unless stated on the quotation. All welded gates will have exposed welds unless otherwise requested. All Colorbond gates will have exposed zinc coloured frame. Platinum Barriers will take no responsibility for any measurements taken by the client. All gates are to remain shut for 48 hours following installation to allow for the concrete / grout / adhesives to cure. Any gate that is opened or tampered with within the 24 hours will void all warranties.

Fence position and aesthetics

Unless otherwise agreed the fence shall be constructed with the finished face at the discretion of the erector. The fence will be marked out by a suitably qualified professional organized by and at the expense of the client prior to Platinum Barriers commencing any works on site. Where an existing fence is removed and replaced with new, Platinum Barriers will construct the fence as close as possible to the line of the existing fence. Platinum Barriers will not take responsibility for discrepancies in fence line or gate set outs. On occasions trenches will be required to be excavated in order to remove the old fences where slight discrepancies may occur. It is the client’s responsibility that all fences lines are marked out checked and clearly identifiable to Platinum
Barriers prior to commencement of works. Level tolerances will be in accordance with manufacturers recommendations, where recommendations / AS Standards do not apply tolerances will be at the discretion of Platinum Barriers. Materials will be cold cut where possible however some materials will be hot cut where required. There shall be 10mm gaps between limestone and bottom rail of Colorbond fences & 50mm gaps in all other instances.

Core drilling

Where core drilling in limestone/ concrete pool surround, etc. The standard depth cored will be 450mm unless otherwise requested by the client. Due to the material composition of such material when coring the cored material extracted by the drill teeth may cause bleaching to the surrounding materials. In such instances any power washing if required will be charged as a variation. Platinum Barriers will not take any responsibility for bleaching to any surrounding materials as a result of core drilling. In some instances when core drilling near swimming pools some of the material extracted may enter the pool. This can be unavoidable as water is required to cool the core bit when rotating. Again when core drilling the client is responsible for informing Platinum Barriers of any underground services. All core holes are filled slightly below the surface in order for the client to exactly match the existing surroundings. If you wish Platinum Barriers to match the existing surroundings it will usually be a variation unless agreed prior to installation. Tiles and pavers may crack when core drilling due to a number of reasons Platinum Barriers will take no responsibility for cracked pavers or tiles when core drilling.

Guarantees / Warranties

Additional to any supplier warranties all fencing erected under this contract is guaranteed by Platinum Barriers for a period of two years against defects in quality of workmanship. Platinum Barriers must be notified within 7 days of any defect first appearing. Platinum Barriers reserves the right to repair, replace and make good any materials and labour required to fulfil this guarantee. Alleged defects in materials and workmanship must be made in writing within the prescribed time frame, and no claims against Platinum Barriers can be made without adequate inspection time being provided for Platinum Barriers or our representative to inspect the defect/s. The client must also make written notice of all works deemed necessary to rectify the work.
Not all materials may come with supplier warranty it is at the client’s discretion to ask for material warranty at the time o f quotation. We make no warranty except those contained in our quotation and no warranty by us to be implied. The parties hereby agree that in the event of any dispute arising between them in performance of this agreement they shall not proceed in a court of law but shall proceed by way of arbitration and shall be bound by the decision of the arbitrator. If any part of these Terms and Conditions are found to be contrary to any law of the State of fence erection or the Commonwealth of Australia, then only that part of these Terms and Conditions shall fail and the balance of these Terms and Conditions shall remain in force. All Colorbond warranties must be made in writing to the principal supplier. Platinum Barriers will provide the warranty form if requested. Clients must request a maintenance manual for the products installed if not available on our website, failure to comply with recommended maintenance will void warranty. No warranty will be provided if the CSR form is not signed and returned within 48 hours of completion of the contracted works. Platinum Barriers will offer a maintenance agreement where Platinum Barriers service the product every 12 months for a three-year period, by accepting the agreement the term of three years is non-negotiable, this is for labour only any replacement parts / materials not covered under warranty will be charged additionally.
Maintenance fee will be charged at $120 per visit.

Glass / Tubular Pool Fencing / Aluminium Slats / Temp Fence

Certificate of compliance will be issued by the pool inspector on behalf of the local authority. It is the responsibility of the client to ensure there us an adequate concrete foundation provided to carry the loading of the intended purpose and to stop animals / children from digging under the fence. Continuous foundations are required for frameless glass if it is NOT in liquid limestone or aggregate. Please refer to our Pool Pack and Section Drawings. Drawings MUST be signed off with 48 hours of installation or this may delay installation date. Location of fence to be clearly marked on ground. All glass must be cleaned by the client following installation. If the client wishes for the glass to be cleaned it will be charged as a variation. If a temporary fence is required for any reason and is not part of the original quote this will be charged as a variation at the expense of the client. For Semi frameless and Frameless glass pool fences only, Temp fence will be free and for a period of 12 weeks subject to availability as we may run out from time to time, The client is to collect the temp fence from Platinum Barriers Depot and return all materials to the same address 18 Ascari Lane Joondalup. A deposit fee of $150 is payable at the time of collection which will be refunded upon return of materials. Temp fence is free for a period of 12 weeks and will be charged at $100/week following the 12-week period. Temp fence to be erected / compliant by the client. It is the client’s responsibility to return the fence to the above address once the fence has been returned it will be off hired / any missing materials will be charged at $15 per picket and $65 per panel. No warranties will be provided for glass where foundations have been installed by others. Platinum Barriers may not warranty Glass on timber / decking as timber by nature will move due to seasonal environments, unless constructed correctly and to code and maintained. Quotations do not include for custom made glass unless clearly stated. Glass pigment may vary due to manufacture batches, glass also will have a natural curve due to the toughening process. Platinum Barriers do not clean glass following install due to the curing times required for the concrete/grout/adhesives used. We do not warranty stainless steel spigots and hardware parts that have been powder coated as a request from the client.

General

All products are manmade, therefore there may be a variance in colour and contrast from different batches produced which is unavoidable and cannot be changed, in particular glass, Aluminium and power-coated products. Removal of fencing and gates if not removed prior to installation will be charged as a variation @$75 per hour per man + GST for removal and additionally the cost of the disposal of materials. It is the client’s responsibility to ensure that proper maintenance is carried out to all materials / installations proof of receipt will be required, if the client is unsure Platinum Barriers will issue a maintenance manual for the specific product at the request of the client. It is the clients responsibility to ensure that the materials quoted is suitable for the purpose they are intended. Example standard supplied D-Latch for gate. Additional call outs will be charged at a rate of $80+GST for call outs or re-measures required following a change in design of what was originally quoted. Fixing selection will be at the discretion of the Platinum Barriers for all products unless otherwise requested prior to commencement of works. Gate posts, panels etc. will be installed level it will be an additional charge if a cover flashing is required for concealment of off level substrates. Platinum Barriers reserve the right to withhold gate keys / remotes until full and final payment has been made. Keys will be collected from our offices by the client following full payment. We require the client to meet us on site if no one meets our sales team / installers on site the works will be carried out at the discretion of the installer. We request the initial person who instructed our sales team of the works to be carried out to meet our installer on the day of install and clearly set out the works otherwise no responsibility will be taken for wrongly set out works/ wrong specification / misunderstandings etc. Platinum Barriers take no responsibility for any substrates constructed by others. By accepting this quotation, you are agreeing to let us use the photos of the job for our website /Facebook/ advertising unless otherwise requested. Any defamatory statements relating to Platinum Barriers may result in legal proceedings. Platinum Barriers may from time to time employ subcontractors /
specialist subcontractors where required or to keep up with our current workload. Where Platinum Barriers produce drawings for products, once they are accepted by the client, Platinum Barriers will not accept any responsibility for any alterations to the product. The client will be liable for all associated costs for any changes requested and/or substrate/material damage. All products will be produced as per the written quotation. Changes to material selections and/or colours must be communicated in writing within 48 hours of paying a deposit. Platinum Barriers will not be held liable for any changes as detailed above. Pool pump enclosures are not designed to be water tight. Gas struts to pool enclosures are there to assist with weight opening these come standard and are not designed to take the entire loading of the roof.

Retaining

Retaining heights cannot always be measured accurately on site, until old fences / trees etc. are removed in some cases we can only estimate retaining heights. If any additional retaining is required in any instances this will be charged as a variation for an agreed price, and additional retaining not required may be deducted. It is the responsibility of the client to ensure all retaining works are designed and certified by their own engineer. Platinum Barriers will not be held responsible for any damage caused to adjoining structures when installing retaining.

Booking dates / Weather / Delays / Cancellations

Platinum Barriers cannot control weather conditions, and sometimes we are delayed for this reason. Some clients have us booked on certain days for months in advance and we usually try and schedule jobs up to four weeks in advance. If we are delayed due to weather, we most likely will not be able to fit you in on the day after as a result. You will be scheduled on the next available date, which will usually be within two weeks, but may be 14-28 days of the initial delay. Cancellations require 48 hours notice, cancellations outside these time frames will incur a $120 administration and storage charge. Cancellations on a second date will incur a further $180 charge. From time to time Platinum Barriers may incur material delays from suppliers which will be out of our control, this may delay scheduled dates for works to be carried out, Platinum Barriers cannot accept any claims discounts as a result.

Customer satisfaction report (CSR)

For us to monitor and ensure the client is satisfied at the end of each job we provide a customer satisfaction report (CSR) form, which must be signed and returned to an employee of Platinum Barriers or sent by post to the specified address within 7 days outlining any comments / feedback / or defects noted. Any defects at the time of completion must be noted in CSR form. Defects noted after the liability periods above will not be entertained. Failure to sign and return the CSR form will result in a void warranty.

Retention of monies by client for defects

The client agrees not retain more than 10% of the contract sum to a capped figure of $200 where there are outstanding defects.

Product design

From time to time Platinum Barriers may be asked to incorporate custom designed products as part of pool barriers such as vertical standalone aluminium slats or custom designed gates etc. Platinum Barriers will only provide engineering test certificates for standard off the shelf certified pool compliant tubular, semi frameless or frameless glass products. It is the responsibility of the client to undertake any required testing / reporting prior to the installation of any product not listed above at the expense of the client. Platinum Barriers will not take responsibility for products that are in non-compliance with AS1926.1-2012 as a result. Platinum Barriers take no responsibility where products have specified permeability, for numerous reasons by local authorities, or product manufacturers, example: open space requirements for air circulation for aircon units & slats and screens to properties. It is the responsibility of the client to check all specifications and regulations as a result. It is the client’s responsibility to interpret and calculate permeability for products.