Terms & Conditions

1. Who these terms apply to

These terms are between you and Bc Fencing & Gates Pty Ltd (ABN 93 699 851 637, ACN 699 851 637) of WA 6111, Western Australia (“we”, “us”, “our”). They govern your use of bcfencinggatestec.site and, together with any written quote we issue, the supply of our goods and services.

By using this website you accept these terms. If you accept a quote from us, these terms and that quote form the agreement between us for that job.

2. Information on this website

The content on this site describes the kinds of work we carry out. It is general information, not advice about your specific property, and it is not an offer capable of acceptance. Nothing on this site should be relied on as confirmation that a particular fence, barrier or gate is suitable, permitted or compliant for your site — that is determined at a site measure and in the written quote.

We take care to keep the site accurate but do not warrant that it is complete, current or free from error, and we may change it at any time without notice.

3. Quotes

• Quotes are provided in writing and are valid for the period stated on the quote. If no period is stated, a quote is valid for 30 days from its date.
• A quote is based on the measurements, levels, access and site conditions observed or advised at the time of quoting.
• A quote is not accepted until you confirm acceptance in writing and, where a deposit is required, that deposit is paid.
• Material prices can move. Where a supplier price changes materially between quoting and ordering, we will tell you before ordering and you may accept the revised price or cancel without penalty.

4. Site conditions, access and approvals

You warrant that you are the owner of the property or are authorised by the owner to have the work carried out, and that you have obtained any approval, consent or permit required — including any consent required from an adjoining owner for a dividing fence, and any local government or strata approval that applies.

You must give us safe and clear access to the work area for the agreed period, and tell us of anything on or under the site that could affect the work, including reticulation, power, gas, water, sewer, telecommunications and drainage services, retaining structures, and boundary disputes.

Where conditions differ from those assumed in the quote — for example rock, unstable fill, unmarked services, limited access or additional demolition — we will stop, tell you, and give you a written variation before continuing. Variations are charged in addition to the quoted price.

5. Materials, colour and appearance

Steel and aluminium products vary in shade between production batches, and colour on a screen or a sample chip will not exactly match the finished product. Minor variations in colour, texture, sheen and finish are normal and are not a defect. Where an exact match to existing fencing matters, tell us before we order.

6. Payment

• Where a deposit is stated in the quote, it is payable before materials are ordered or fabrication begins.
• The balance is payable on the terms stated on our invoice. Unless stated otherwise, invoices are payable within 7 days of the invoice date.
• Prices in a quote to a consumer include GST unless the quote states otherwise.
• Title in supplied goods passes to you on payment in full. Risk passes on installation.
• If an invoice is not paid by its due date, we may suspend further work and recover reasonable costs of recovery permitted by law.

7. Timing

Any dates we give for measuring, fabrication, delivery or installation are estimates made in good faith. They can be affected by weather, supplier lead times, site readiness and access. We will keep you informed of material changes. We are not liable for delay caused by matters outside our reasonable control.

8. Your rights under the Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

For goods, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

For services, you are entitled to cancel your service contract for a major failure and to compensation for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified within a reasonable time and, if that is not done, to cancel the contract and obtain a refund for the unused portion.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded.

9. Workmanship and manufacturer warranties

In addition to your Australian Consumer Law rights, we warrant our installation workmanship against defects for the period stated in your quote or invoice. Materials, gate hardware and automation components carry the warranty offered by their manufacturer, and we will pass those warranties on to you and assist you to claim under them.

Warranties do not cover fair wear and tear, storm, flood, fire, impact or vandalism damage, ground movement, corrosion caused by contact with soil, sprinklers, pool chemicals or fertiliser, work altered or repaired by anyone else, or failure to carry out reasonable maintenance such as cleaning and periodic adjustment of gate hardware.

10. Limitation of liability

Subject to clause 8 and to the extent permitted by law:

• our total liability arising out of or in connection with a job is limited, at our option, to resupplying the services, repairing or replacing the goods, or paying the cost of having that done;
• we are not liable for indirect or consequential loss, loss of profit, loss of use, or loss of opportunity; and
• we are not liable for damage to unmarked underground services, or for loss caused by inaccurate information you or your agent gave us about the site or the boundary.

Our liability is reduced to the extent that your act or omission, or that of a person for whom you are responsible, caused or contributed to the loss.

11. Cancellation

You may cancel an accepted quote by written notice. If materials have already been ordered, fabricated or cut to size, you are liable for the cost of those materials and any work performed to the date of cancellation. Custom-fabricated items cannot be cancelled once fabrication has begun.

We may cancel or suspend a job by written notice if access cannot be provided, if the site is unsafe, if an approval or consent is not in place, or if an invoice is overdue. In that case you remain liable for work performed and materials supplied up to that date.

12. Intellectual property

All content on this website — text, layout, drawings, graphics, code and the styling of the site — is owned by or licensed to Bc Fencing & Gates Pty Ltd and is protected by the Copyright Act 1968 (Cth). You may view and print pages for your own personal or internal business use. You may not reproduce, republish, adapt or commercially exploit any part of the site without our written permission.

Design drawings, sketches, measurements and specifications we prepare for a job remain our property until that job is paid for in full, and may not be used to obtain a competing quote or to have the work performed by another contractor.

13. Privacy

Personal information provided to us is handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

14. Website availability and security

We do not warrant that this website will be available without interruption or free from error, and we may suspend or withdraw it at any time. You must not attempt to interfere with the site, introduce malicious code, or use it for any unlawful purpose.

15. Notices and disputes

Notices under these terms may be given by email. Notices to us should be sent to [email protected].

If a dispute arises, please raise it with us in writing first. We will respond and attempt to resolve it in good faith before either party starts proceedings. This clause does not prevent either party from seeking urgent interlocutory relief.

16. Governing law and jurisdiction

These terms, and any contract formed under them, are governed by the laws of the State of Western Australia and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to hear appeals from them.

17. General

• If any provision of these terms is found to be unenforceable, it is severed and the remaining provisions continue in force.
• A failure by us to enforce a provision is not a waiver of it.
• These terms, together with the accepted written quote and any agreed variation, are the entire agreement between us for the job and replace any earlier discussion or representation.
• We may amend these website terms at any time by publishing an updated version on this page. The terms that apply to a job are those in force when the quote is accepted.

18. Contact

Bc Fencing & Gates Pty Ltd
ABN 93 699 851 637 · ACN 699 851 637
WA 6111, Western Australia
Email: [email protected]