Terms & Conditions of Trade

1. Definitions

• "Customer" means the person/s buying the Goods (and/or hiring Equipment) as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
• "Goods" means all Goods or Services supplied by TS fencing Warragul to the Customer at the Customer's request from time to time (where the context so permits the terms 'Goods' or 'Services' shall be interchangeable for the other).
• "Equipment" means all Equipment including any accessories supplied on hire by TS fencing to the Customer (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by TS fencing to the Customer.
• "Price" means the Price payable for the Goods and/or Equipment hire as agreed between TS fencing and the Customer in accordance with clause 4 below.

2. Acceptance

• The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods/Equipment.
• These terms and conditions may only be amended with TS fencing's consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and TS fencing.
• The Customer agrees to accurately complete and sign the Credit Card Authorisation Form, the contents of which shall form part of this agreement, thereby, consenting to TS fencing, that in the event that the Customer becomes in default of payment for any reason, then TS fencing reserves the right to automatically debit the Customer's credit card.

3. Change in Control

The Customer shall give TS fencing not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer's details (including but not limited to, changes in the Customer's name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by TS fencing as a result of the Customer's failure to comply with this.

4. Price and Payment

• At TS Fencing sole discretion, the Price shall be either:
  • as indicated on any invoice provided by TS fencing to the Customer; or
  • TS Fencing quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
• TS fencing reserves the right to change the Price:
  • if a variation to the Goods which are to be supplied is requested; or
  • if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
  • where additional Services are required due to the discovery of hidden or unidentifiable difficulties; or
  • in the event of increases to TS fencing in the cost of labour or materials which are beyond TS fencing's control.

20. General

• The failure by TS fencing to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect TS fencing's right to subsequently enforce that provision.
• These terms and conditions and any contract to which they apply shall be governed by the laws of the state of Victoria in which TS fencing has its principal place of business, and are subject to the jurisdiction of the Melbourne Courts in that state.
• The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.