These Terms & Conditions form part of the quote issued by Fenced Out Pty Ltd (ABN 62 693 623 700) (“Fenced Out”, “we”, “us”, “our”) to the customer named on the quote (“you”, “your”, “client”).

 

By accepting our quote (online acceptance, written approval by email/message, or signing), you agree to the scope, pricing and terms below. These terms are designed to be practical and fair, protecting both parties and helping the job run smoothly. Both parties agree to act reasonably and in good faith throughout the project.

The works included are strictly limited to what is described in the accepted quote and its line items (the “Scope”).

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Anything not expressly included in the quote is excluded. Unless the quote clearly states otherwise, exclusions may include:

• council, body corporate, or authority approvals and fees

• engineering, surveying, certifications or design documentation

• locating underground services or private service plans

• asbestos or hazardous material identification/removal

• rectification of pre-existing unsafe, damaged, or non-compliant structures

• works required due to hidden/unforeseen site conditions

• patching/repairing areas not directly affected by the works

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If you’re unsure whether something is included, ask us before acceptance and we’ll clarify in writing.

If you request changes or additional work outside the original Scope, this is a “Variation”.

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Variations may be approved verbally and we may proceed on that basis. Where practical, we will confirm the variation in writing (SMS/email) and provide an updated quote or cost estimate.

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If urgent or safety-related work is required to prevent damage or reduce risk, we may proceed without prior approval where it is not practical to pause. We will notify you as soon as reasonably possible and confirm the cost/time impact.

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We may refuse a variation that materially affects safety, compliance, buildability, scheduling, or quality.

Materials included in the quote are based on availability and supplier pricing at the time of quoting.

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If additional materials are required due to site conditions, variations, or client requests, these will be charged at our cost + 20% markup.

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If specified materials become unavailable, delayed, or discontinued, we may propose suitable substitutes. Any substitution that affects appearance, performance, or price will be discussed with you before proceeding.

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Variations in colour, texture, grain, finish or appearance may occur due to natural materials, manufacturing processes, weathering, or batch differences. These variations are not considered defects.

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If you supply your own materials, you are responsible for their suitability, compliance, warranties and timely delivery. We are not responsible for delays, defects, failures, or rework caused by client-supplied materials.

You agree to provide safe and reasonable access to the site for the duration of the works, including:

• clear access for vehicles, tools, machinery, and material drop-offs

• keeping work areas free from vehicles, pets, furniture, and personal items

• securing pets away from work zones

• advising us of known underground services, hazards, irrigation, drainage lines, or electrical runs

• confirming boundaries where relevant (for example, where fencing lines are near a boundary)

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If access is restricted, unsafe, or delayed, the resulting time and cost impacts may be treated as a Variation.

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Boundary locations are assumed to be correct unless a current survey prepared by a registered surveyor is provided by the client prior to commencement.

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We are not responsible for boundary inaccuracies where works are completed based on client instructions, existing fencing, pegs, markers, or information supplied by the client.

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We are not responsible for delays, access restrictions, additional costs or disruptions caused by neighbouring properties, third parties, or factors outside our control, including objections, interference, or restricted access.

Where works are requested by more than one property owner (including shared boundary fencing or jointly funded works), one party must be nominated as the primary contact for instructions and communication.

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We will rely on directions provided by the nominated primary contact and are not responsible for resolving disagreements or conflicting instructions between owners.

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All owners who accept or benefit from the works are jointly and severally responsible for payment of all amounts owing under the quote.

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If conflicting instructions are received, or if a dispute arises between owners that affects the works, we may pause works until clear written direction is provided. Any resulting delays or additional costs may be treated as a variation.

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We are not responsible for apportioning costs between owners. Payment arrangements between owners are a private matter and do not affect our right to payment in full.

Landscaping and fencing works can uncover hidden conditions. If unforeseen or hidden conditions are discovered (including but not limited to; rock, unstable ground, buried rubble, undocumented services, waterlogged areas, termite/rot damage, or unsafe existing structures), we may pause works to assess.

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If additional work, materials, machinery, or time is required, this will be treated as a Variation and may affect cost and timeframes.

Any timeframes provided are estimates only and depend on site readiness, weather, access, and supplier availability.

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Delays may occur due to weather conditions (rain, storms, extreme heat), supplier delays, access issues, variations, or hidden site conditions. These delays extend the timeframe and do not entitle the client to compensation.

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We are not liable for delays or inability to perform due to events outside our reasonable control (for example but not limited to; extreme weather, supply chain disruption, equipment breakdowns beyond reasonable control, or labour shortages). We will communicate delays as early as possible.

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If works are delayed due to client actions or inaction, including delayed approvals, restricted access, late selections or unavailability, we reserve the right to reschedule the works and revise timeframes accordingly.

Ongoing maintenance is not included unless stated in the quote. This may include watering, mowing, pruning, edging, sealing, staining, cleaning, weed control, and ongoing care.

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You are responsible for protecting completed works from damage by pets, vehicles, third parties, water overspray, pressure cleaning, chemicals, or misuse.

Plants are living products and their performance depends on ongoing care, watering, exposure, drainage, pests, and weather. Unless the quote states a specific plant warranty, we do not guarantee plant survival after installation.

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Where we supply plants, we will select suitable species based on typical conditions and your preferences where discussed.

Unless stated otherwise in the quote:

• a 50% deposit is required on acceptance to secure scheduling and commence ordering

• the balance is payable on completion of the Scope (or practical completion)

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Practical completion means the works are complete and fit for their intended purpose, despite minor defects or adjustments that do not prevent normal use.

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We accept payment by bank transfer, cash, and card.

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If payment is not made by the due date shown on the invoice, we may charge interest at a reasonable commercial rate commonly applied in Queensland for overdue accounts.

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If an invoice remains unpaid, we may:

• suspend works and/or withhold further attendance on site

• retain ownership of unfixed materials (see “Ownership and risk”)

• recover reasonable costs associated with debt recovery (including administration and external collection costs where applicable)

Ownership of all materials remains with us until payment is made in full.

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Risk transfers depending on control:

• while materials are under our control, we take reasonable care

• once materials are delivered to your property and are not under our direct control, you are responsible for loss, theft, vandalism, or damage unless caused by our negligence

We provide a 12-month workmanship warranty from the date of completion.

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A 3-month defects period applies, during which you may notify us of minor defects relating to workmanship. We will attend within a reasonable time to assess and, where applicable, rectify.

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This warranty does not cover:

• natural ground movement, settlement, drainage shifts, erosion, or soil expansion/contraction

• timber shrinkage, warping, cupping, weathering, colour variation, surface checking

• normal wear and tear

• damage caused by misuse, lack of maintenance, pets, pressure washing, chemicals, or third parties

• defects caused by pre-existing conditions, unsuitable substrates, or client-supplied materials

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If rectification is required, you must provide reasonable access and keep the work area clear.

Nothing in these terms limits your rights under Australian Consumer Law.

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To the extent permitted by law, we exclude liability for indirect or consequential loss (such as loss of profit, loss of opportunity, or delay-related losses not reasonably foreseeable).

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Our total liability for any claim arising from the works is limited to the value of the works under the accepted quote or the amount recoverable under our insurance, whichever is greater.

We may suspend or terminate works if:

• invoices are overdue

• you breach these terms and do not remedy within a reasonable time after notice

• the site becomes unsafe or inaccessible

• you request unlawful or non-compliant work

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If you cancel after acceptance, or if works are suspended/terminated, you are responsible for payment of:

• work completed to date

• materials ordered or supplied

• costs incurred to that point

• reasonable demobilisation/remobilisation costs where applicable

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Where works are suspended, timeframes may be extended and additional costs may apply due to remobilisation, rescheduling, supplier impacts, or repeated attendance.

Unless you notify us in writing before works commence, you consent to us taking photos/videos of the works (before/during/after) and using them for our portfolio, website, and social media.

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If you opt out before work starts, we won’t publish identifying images.

If an issue arises, both parties agree to raise it as soon as possible and attempt to resolve it in good faith.

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If unresolved, both parties agree to attempt informal mediation in Queensland before commencing court proceedings (except for urgent relief or debt recovery).

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This agreement is governed by the laws of Queensland, Australia.

By accepting this quote online (including via Xero), by written confirmation, or by signature, you confirm that you have read, understood and agreed to these Terms & Conditions and the Scope of Works outlined in the quote.

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Online acceptance of this quote constitutes a binding agreement between the parties and has the same effect as a signed agreement.