Terms and Conditions

NoFollow Pty Ltd (ACN 659 974 599) (“Grays Fences and Gates”)

Introduction
These Terms and Conditions (T&C’s) will govern the Goods and Services provided by us to you. Importantly, it outlines both your responsibilities and ours while providing the Goods and Services.
By agreeing to use our Services, you agree that you have read, understood and agree to be bound by the terms outlined in these T&C’s. If you are purchasing our Goods on behalf of an organisation, you agree to be bound by these T&C’s on behalf of such organisation.
The Privacy Policy can be found at our website (www.gfences.com.au), and together with these T&C’s govern the Goods and Services provided to you by Grays Fences and Gates (Grays Fences).
Definitions
In these T&C’s, unless the context indicates otherwise, the following words have the following meanings:
- Boundary means the same as in the Property Law Act 1958 (Vic).
- Claims means all demands, claims, proceedings, penalties, fines, and liability (whether criminal or civil, in contract, tort or civil).
- Contractor means Grays Fences and includes any subcontractors or agents engaged to supply the Goods and Services.
- Customer means you and/or if you are acting on behalf of a company, that company.
- Fee(s) means the amount to be paid by the Customer in consideration for the Goods.
- Goods means the materials provided by us to you.
- GST Law means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Intellectual Property means includes trade marks, patents, copyrights, processes, know-how, registered designs, or other like rights or any right to apply for registration of any of the former.
- Neighbour means the party who occupies or is the registered proprietor of the neighbouring land.
- Parties means Grays Fences and the Customer, and Party means either one of them.
- Site means the land or premises located at the address set out in the invoice which the Services are to be carried out.
- Works means collectively the Goods and Services being provided to the Customer.
Services
1. Grays Fences will provide the Goods and Services to the Customer in consideration for the Customer payment the fees to Grays Fences, subject to the provisions of these T&C’s.
2. The Services will be performed by the employees or agent that Grays Fences may choose as most appropriate to carry out the Services.
Site Access
1. The Customer is required to provide full access to Grays Fences to the Site on the date and time that the Services are being provided.
2. Should Grays Fences or its Contractors be unable to access the Site at the specified date and time, Grays Fences may cancel the Services and issue a cancellation fee in accordance with clause 18.
3. Prior to commencing works, the Customer must:
  1. Ensure that the site is clear of obstructions, including but not limited to gas pipes telephone lines, service facilities, electrical cables.
  2. In the event that the Site is not clear of obstructions pursuant to clause 4.2(b), the Customer indemnifies Grays Fences and it’s Contractors from any claim which may arise relating to damage caused by an uncleared obstruction.
  3. If the Site has obstruction, Grays Fencing and it Contractors have the right to refuse to supply the Service at the costs of the Customer.
  4. Ensure that there is an adequate and clear space for the delivery of the Goods; the Customer indemnifies Grays Fences from any claim that may arise from damage caused during the delivery of the Goods to the Site.
  5. Ensure that all vegetation, tree roots, irrigation systems and/or clothes lines are removed prior to the commencement of the Services. The Customer acknowledges and accepts that additional fees may be incurred if Grays Fencing must remove any vegetation, tree roots etc from the property.
  6. Ensure that all pets are properly secured and do not interfere with the provision of the Works Grays Fences. Grays Fences has the right to reschedule any installation, at the cost of the Customer, if the site is determined to be unsafe for Contractors to complete the Works.
Fees
1. In consideration for the provision of the Services in accordance with these T&C’s, the Customer will pay Grays Fences the Fees.
2. Grays Fences will provide the Customer with a tax invoice(s) in accordance with the GST Law in relation to the Fees payable under this clause 5.
3. Prior to the scheduling of any Service, the Customer acknowledges that they are to provide a 5% non-refundable deposit.
4. The Customer further acknowledges that they are required to make payment of 50% of the invoice(s) issued to them prior to scheduled Works commencing.
5. The remainder of the invoice will be due and payable upon the completion of the Services.
Customer Obligations
1. You are responsible for your conduct and ensuring that you comply with these T&C’s
2. During the provision of our Services, you must:
  1. Cooperate with us as we reasonably require;
  2. Provide information and documentation that we reasonably require.
  3. Ensure that the information and details provided by you are accurate and true.
Grays Fences Obligations
1. Grays Fences will take reasonable care and skill when providing the Services to the standard that is generally accepted in the industry sector, or profession in which Grays Fences operates.
2. If Grays Fences performs the Services (or any part of the Services) negligently or is in breach of these T&C’s, then, if requested by the Customer, Grays Fences will re- perform the relevant part of the Services, subject to paragraphs 7.3.
3. The Customer’s request referred to in paragraph 7.2 must be made in writing within seven (7) days of the date Grays Fences completed performing the Services or that part of the Services.
Dividing Fences
1. It is the responsibility of the Customer to issue any Fencing Notices to Neighbours.
2. In the event of any dispute between Neighbours, the Customer acknowledges and accepts that the payment of the invoice issued to them under clause 5 remains payable within the specified time frame.
Delays
1. Weather
  The Customer acknowledges that the weather may cause delays to the Services provided by Grays Fences.
  Customers will not incur any additional rescheduling charges as a result of delays caused by the weather.
2. Materials
  The Customer acknowledges and accepts that Grays Fences is not responsible for material delays from Suppliers. Delays of materials may lead to the delay of services that have been scheduled.
  Customers will not incur any additional rescheduling charges as a result of a delayed shipment of materials.
3. Contractors
  The Customer acknowledges and accepts that scheduled Services are subject to the availability of Contractors. Grays Fences will communicate to the Customer whether Contractors are experiencing any delays or are required to reschedule.
  Customers will not incur any additional rescheduling charges as a result of delays caused by Contractors.
Permits
1. It is the responsibility of the Customer to obtain the necessary Permits required for the completion of the Services.
2. Permits must be provided to Grays Fences within 7 days of the Services being provided.
3. If a Customer fails to obtain the relevant Permit within the required time frame, Grays Fences has the right to re-schedule the Services (without penalty) until such time as the Customer has obtained the required Permits.
Before you Dig Report
1. Grays Fences will provide a ‘Before you Dig’ report prior to Services being provided.
2. The Customer acknowledges and accepts that Grays Fences is not liable for any damage caused to underground services.
3. The Customer further acknowledges and accepts that Grays Fences is not liable for any inaccuracies provided in the report.
Excavation
1. Any unforeseen rocks or concrete will incur an additional fee of $120 per hour (exclusive of GST).
2. If any additional equipment is required for the purpose of removing the additional rock and/or concrete, the Customer is responsible for any Fees associated with the hiring of equipment. These additional fees will be communicated to the Customer prior to the works being performed.
Boundaries
1. It is the responsibility of the Customer to ensure that the Boundaries are correctly and clearly identified.
2. The Customer acknowledges that Grays Fences has not made any representations as to the accuracy of the boundary lines.
3. The Customer further acknowledges and accepts that Grays Fences is not liable for any claim that may arise from the positioning of the Works.
Fence Height and Position
1. All fence heights are measured from the bottom of the structure to the top of the fence.
2. It is the responsibility of the Customer to ensure that the height of the fence is compliant with the relevant local Council regulations.
3. Grays Fences suggests that fences should be installed at a maximum height of 2 meters. The Customer accepts and agrees that they are responsible for all liabilities that may occur from a fence that is installed higher than the recommended height.
4. The Customer acknowledges and accepts that any fence installed that is higher than 2 meters will not be warrantied for any wind damage.
Warranties
1. In addition to any requirements under any written law with Grays Fences warrants that for a period of five (5) years from the date of completion, the Goods and Servies provided will be free from defects and be carried out in a workman like manner.
2. If Goods and/or Services are not completed in a workman like manner, the Customer must provide Grays Fences written notice of the claim within 7 days of becoming aware of the failure of the contractor to carry out the works in a workman like manner.
3. The Customer must provide site access to Grays Fences to inspect, replace, repair or make good any Goods or Services that are defective or not carried out in a workman like manner.
4. Colourbond
  1. All Colourbond Fencing has a 10-year manufacturer warranty. This manufacturer warranty is provided to the Customer at the same time they are issued with their quote/invoice from Grays Fences.
  2. For the avoidance of any doubt, the Colourbond Manufacturer’s warranty is separate to the warranty that is provided to Customers by Grays Fences.
Non-Reliance
1. Each of the Parties acknowledges that, in entering into these T&C’s, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in these T&C’s.
2. Any conditions, warranties or other terms implied by statute or common law are excluded from these T&C’s to the fullest extent permitted by law.
Indemnity
1. The Customer must indemnify and hold Grays Fences harmless from and against all Claims and Losses arising from loss, damage, liability, injury to Grays Fences, its employees and third parties, infringement of third-party Intellectual Property, or third- party losses by reason of or arising out of any information supplied to Grays Fences by the Customer, its employees, or supplied to Grays Fences by the Customer within or without the scope of these T&C’s.
Cancellation and Termination
1. Grays’s Fencing requires a minimum of seven (7) days’ notice for the cancellation of Services. Cancellations outside of this timeframe will incur the greater of $250.00 or 5% restocking fee, for the product that has been delivered to the Site.
2. If a customer cancels the Services providing seven (7) days’ notice, they will receive a refund of 45% of the invoiced amount. A restocking fee will be deducted from the deposit provided by the Customer.
3. All refunds will be processed within five (5) business days.
4. The Customer acknowledges and accepts that Grays Fences is not obliged to refund the 5% deposit to the Customer upon cancellation.
Restocking and Handling
1. The Customer acknowledges and accepts that all Goods made to order are non- refundable.
2. The Customer will incur the additional cost of 15% of the cost for the materials for change of mind returns on stock items.
General
1. Force Majeure
  Neither Party has any liability under or may be deemed to be in breach of these T&C’s for any delays or failures in the performance of these T&C’s which result from circumstances beyond the reasonable control of that Party.
2. Amendment
  Any amendment to these T&C’s shall not be valid or enforceable unless such amendment is agreed by the parties in writing.
3. Representation
  The Parties confirm that they have not entered into these T&C’s on the basis of any representation that is not expressly incorporated into these T&C’s.
4. Waiver
  No failure or delay by Grays Fences in exercising any right, power or privilege under these T&C’s will impair the same or operate as a waiver of the same nor may any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
  The rights and remedies provided in these T&C’s are cumulative and not exclusive of any rights and remedies provided by law.
5. Severance
  If any provision of these T&C’s is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these T&C’s and rendered ineffective as far as possible without modifying the remaining provisions of these T&C’s, and will not in any way affect any other circumstances of or the validity or enforcement of these T&C’s.
6. Notices
  A notice or other communication connected with these T&C’s has no legal effect unless it is in writing.
7. Law and Jurisdiction
  These T&C’s take effect, are governed by, and will be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non- exclusive jurisdiction of the courts of Victoria.
8. Change in Circumstances
  The Customer shall give Grays Fences not less than seven (7) days’ written notice of any change, or proposed change, of ownership of the Customer or any change in the Customer’s name or details.

Melbourne(Fences / Gates)

Geelong(Fences / Gates)

Cards We Accept