Terms of Services

Last Updated: 10 Nov 2025

Welcome to Modern Fencing AU (“we”, “our”, “us”). These Terms of Service (“Terms”) apply to all fencing and landscaping products and services (“Goods/Services”) supplied by Modern Fencing AU to any client (“Client”, “you”).

By accepting a quotation, paying a deposit, confirming via email/SMS, or allowing works to begin, you agree to be bound by these Terms.

1. Acceptance of Quote & Agreement

Any confirmation of quotation or order (including via email/SMS) constitutes acceptance of these Terms.
Quotes are valid for 14 days unless otherwise stated.
Booking dates are subject to availability until a deposit is paid.

2. Scope of Work

We are responsible only to the Client named on the quote or invoice.
We do not accept liability to any third parties, including neighbours or other stakeholders.
Fence height and layout will be as per the approved quote. Height may vary due to natural ground levels or site conditions.

3. Site Conditions & Access

The Client agrees to:

Provide clear and unobstructed access to the worksite for materials, equipment, and vehicles.
Be present (or have an authorised person present) to confirm boundary lines and fence position during set-out.
Ensure boundary markers are identified before construction begins. We are not responsible for decisions made in your absence.

If access is restricted or site conditions change, delays or additional costs may apply.

4. Existing Structures & Preparation

Unless agreed in writing, the Client is responsible for:

Removing existing fence materials, footings, trees, shrubs, vines, or obstructions.
Ensuring the retaining wall (if applicable) is structurally sound.

We are not responsible for:

Damage caused by weak retaining walls or soil movement.
Removal of excess soil, rubble, rubbish, or landscaping restoration.

5. Underground Services

We take care but accept no liability for damage to:

Underground cables
Irrigation/water lines
Drains or any unmarked services

The Client must notify us of any known underground services before work commences.

6. Gaps Under Fencing

Gaps under new fences can occur due to natural land levels.
Covering or filling gaps is considered a landscaping task and may incur an additional charge.

7. Utilities

The Client must provide reasonable access to power and water.
If unavailable, the Client will be charged for additional expenses (e.g., generator hire).

8. Changes, Delays or Cancellations

If work is delayed due to Client actions (e.g., site not ready, access restricted, last-minute changes), we reserve the right to charge for:

Time lost
Labour costs
Additional travel or materials

A minimum fee of 10% of the contract price may apply.

9. Payment Terms

A 50% deposit (or agreed amount) is required to secure a booking.
Remaining balance is due immediately upon completion or delivery of Goods/Services.
Late or overdue payments may incur:
- 13% annual interest, calculated daily
- Recovery costs (collection agency, legal fees, etc.)

10. Ownership of Goods

Ownership of all materials and finished products remains with Modern Fencing AU until full payment has been received.
If payment is not made, we may retrieve the materials/products from the property.
The Client grants access for retrieval without limiting our legal rights.

11. Warranty

Modern Fencing AU complies with the Australian Consumer Law.
Manufacturer warranties may apply for certain materials; workmanship warranty is outlined in your quote.

Warranty does not cover:

Damage caused by weather, natural ground movement, or misuse
Damage caused by retaining wall movement or landscaping issues

12. Limitation of Liability

We are not liable for:

Consequential or financial loss
Damage to gardens, paving, lawn, or surfaces during normal construction activities

We take care but construction may naturally result in some disturbance.

13. Governing Law

These Terms are governed by the laws of Australia, and disputes will be handled under the jurisdiction of the relevant state or territory.

14. Contact

If you have questions regarding these Terms:

Modern Fencing AU
Website: www.modernfencing.au
Email: info@modernfencing.au
Phone: +61 420 612 151