Important notice and terms & conditions
These terms set out the basis on which RJL FENCING PTY. LTD. (the Contractor) provides fencing and related services to the Owner. Accepting a quote or engaging the services constitutes acceptance of these terms.
Read with the accepted quote and written variations.
RJL FENCING PTY. LTD. · ABN 82 159 036 781
The written quote controls the project-specific scope, price and inclusions. Ask RJL about anything unclear before accepting it.
1. Payment terms and schedule
A 50% deposit is payable before work commences to secure materials and confirm the booking. A further 25% is due before delivery of materials, usually scheduled for the next business day. The remaining 25% is payable upon practical completion and operational acceptance.
All payments must be made by the due date on the invoice. Prices are exclusive of GST, which will be added where applicable. Interest accrues on overdue amounts at the lesser of 12% per annum or the maximum lawful rate, calculated daily from the due date. The Contractor may suspend work or remove materials if payments are overdue, without liability for damages or consequential loss.
2. Security and ownership
All materials supplied remain the property of RJL until full payment is received (Retention of Title). The Owner grants a security interest in all materials and works to secure the debt, which may be registered on the Personal Property Securities Register (PPSR).
The Contractor may enter the Owner’s property during reasonable hours to locate, inspect and recover unpaid items, with prior notice if practicable. The Owner authorises lawful entry and indemnifies the Contractor against claims arising from lawful recovery actions.
3. Scope of work and variations
The scope, materials and schedule are as detailed in the quote. Any additional work or change in scope, materials or access must be agreed in writing by both parties. Variations may incur additional costs and delays payable by the Owner. The Contractor is not responsible for delays or costs caused by Owner-requested variations or scope changes.
4. Site access, obstructions and conditions
The Owner must ensure safe, unobstructed access with at least one metre clearance unless otherwise agreed, and must remove or disclose roots, vegetation, structures and underground services before work begins. Clearing or restricted-access work is charged at $60 per hour per person or as otherwise agreed.
The Owner is responsible for confirming boundaries and disclosing underground gas, water, electrical, phone and other services and asbestos. The Contractor accepts no liability for damage to undisclosed or incorrectly located services.
5. Permits and boundary responsibilities
The Owner must obtain all necessary permits, approvals and consents before work begins, verify boundary lines and disclose underground utilities and hazardous materials. The Contractor accepts no liability for boundary disputes or damage caused by undisclosed underground services after installation.
6. Exclusions and additional charges
Unless specifically included in the quote, the price excludes rock excavation, blasting, concrete cutting, structural work, gate reconnection, damage to existing brickwork or structures during installation, and work requiring permits or approvals outside scope. Additional charges may apply if these are required.
7. Delays and force majeure
RJL will make reasonable efforts to meet the scheduled completion date but is not liable for delays caused by weather, supply-chain issues, site conditions, third-party actions or events beyond reasonable control. Additional costs or delays arising from these circumstances are payable by the Owner where applicable.
8. Title, security and recovery of goods
All supplied materials remain RJL property until full payment. The Owner grants a security interest that may be registered on the PPSR. RJL may recover unpaid items with prior notice where possible, and the Owner indemnifies RJL against claims arising from lawful recovery.
9. Suspension and termination
The Contractor may suspend work or remove materials if payments are overdue or another breach occurs. No damages or compensation are payable for suspension or lawful removal. Failure to pay or other breach gives RJL the right to terminate the contract and seek recovery.
10. Pricing and GST
Prices are as stated in the quote and exclusive of GST. GST is added where applicable. The Owner must pay all amounts by the due date; overdue interest and debt-recovery costs may be recovered where permitted.
11. Final payment and acceptance
When the work is practically complete and operational, the full balance is due. Minor defects that do not affect operation must be rectified after full payment. Claims or complaints must be made in writing within seven days of completion.
12. Liability and indemnity
Where the law permits, the Contractor’s liability is limited to re-supplying the relevant goods or services. The Owner indemnifies RJL against claims, damages or costs arising from breaches, site conditions, unauthorised work or permit issues.
13. Insurance and subcontractors
RJL maintains public liability insurance consistent with industry standards. Subcontractors act as agents of RJL; disputes with subcontractors do not justify withholding payment, and the Owner must pay all amounts due.
14. Claims, defects and cosmetic issues
Claims for defects or incomplete work must be made in writing within seven days of practical completion. The Contractor will inspect and remedy defects covered by these terms. Minor surface imperfections are normal and are not grounds for withholding payment; touch-up work may incur additional cost.
15. Confidentiality and privacy
Both parties must keep sensitive or proprietary information confidential. Personal information will be handled in accordance with applicable laws.
Information submitted through the website enquiry form is used to assess and respond to the requested fencing, gate, pool-barrier, automation or retaining-wall service. A form-delivery provider may process the submission solely to deliver it to RJL. Do not include payment-card details, passwords or other unnecessary sensitive information in the enquiry form.
16. Severability and entire agreement
If a clause is invalid or unenforceable, it is severed and the remainder continues. These terms, the quote and agreed written variations constitute the entire agreement.
17. Dispute resolution
The parties agree to attempt mediation before legal action. Mediation will take place in Melbourne under NMAS or an equivalent process. If unresolved within 28 days, either party may proceed in the Victorian courts or tribunals.
18. Protections and remedies
RJL’s rights include retention of title, PPSR security interests, lawful entry to recover unpaid materials and remedies available under applicable law, including the Personal Property Securities Act.
19. Acceptance
By accepting the quote or engaging RJL’s services, the Owner confirms they have read and understood these terms and agree to be bound by them.
