Terms & Conditions

    Think Manufacturing Pty Ltd

    ACN 677 432 261

    Trading Terms

    These trading terms (Terms) outline the terms and conditions on which Think Manufacturing Pty Ltd (Think Manufacturing) will supply products (Products) to its customers (Customers).

    1. Purpose and Application
      1. These Terms apply to, and are expressly incorporated into, any order for the supply of any products by Think Fencing to the Customer (Order).
      2. These Terms are governed by and construed in accordance with the laws of Victoria, Australia.
      3. Nothing in these terms is intended to exclude, restrict or modify rights which the Customer may have under the Australian Consumer Law or any other law. If any provision of these Terms is invalid under any law, that provision is enforceable to the extent that it is not invalid, and if it is not possible to give that provision any effect, then it is to be severed from these Terms and the remaining Terms will continue to have full force and effect.
    2. Orders
      1. The Customer may place an Order for Products (whether on the website https://thinkfencing.com.au or in person or by email or by telephone). Any Order must designate details of the Products required (via email), and any requirements for fabrication or customisation. Account customers must provide a purchase order,
      2. Upon placing an Order, the Customer will receive an invoice from Think Manufacturing for the full price of the Products ordered, and any fabrication or customisation charges (collectively the Purchase Price). The Purchase Price is exclusive of all other charges, unless expressly included in the Purchase Price. Delivery fees are charged in addition to the Purchase Price, as set out below.
      3. All amounts payable by the Customer including the Purchase Price, other charges and the delivery fees are exclusive of GST.
      4. The Customer must pay at least 50% of the Purchase Price to Think Manufacturing as a deposit (Deposit) prior to the Order being processed. Think Manufacturing accepts direct bank transfer, credit card (Visa and Mastercard)l, cheque and cash payments. Note, cheques must be cleared prior to any work commencing.
      5. Customer must pay the Deposit to Think Manufacturing using the payment details provided on the invoice before the Order will be processed by Think Manufacturing.
      6. Think Manufacturing reserves the right to increase its prices without notice to the Customer, and such increased prices will apply to future Orders, but not to any Order that has been placed and accepted before the alteration is notified to the Customer.
      7. An Order is accepted when payment of the Deposit is processed by Think Manufacturing.
      8. Full payment of the Purchase Price is required prior to delivery or collection of Products, and in any event by the date specified by Think Manufacturing.
      9. If the Customer does not make payment by the due date, Think Manufacturing may:

    i. charge the Customer interest calculated on a daily basis at the rate of 10% per annum; and/or
    ii. cancel or suspend any unfilled Orders
    iii. refund the residual of any payments made after Think Manufacturing’s cost have been deducted..

    • Lead Times
    1. The average lead time for in-stock Products is 1-5 business days after full payment of the Purchase Price is received by Think Manufacturing, plus the delivery time as set out below.
    2. The average lead time for customised or fabricated Products is 10-15 business days after full payment of the Purchase Price is received by Think Manufacturing, plus the delivery time as set out below.
    3. Unforeseen demand may result in lead times being extended significantly.
    • Cancellation of Orders
      1. If Think Manufacturing has reason to believe that it will be unable to supply an Order to the Customer within a reasonable time, or at all, due to circumstances beyond its reasonable control, Think Manufacturing may, without penalty, cancel the Order and refund the Customer all money already paid in respect of that Order.
      2. Once an Order has been accepted by Think Manufacturing, it cannot be cancelled by the Customer unless agreed to in writing by Think Manufacturing.
    • Delivery and Collection
      1. Collection from Think Manufacturing premises
        1. Think Manufacturing will notify the Customer when Products are ready for collection and request payment of the balance of the Purchase Price.
        2. On receipt of cleared funds in the amount of the Purchase Price, the Products will be made available for collection from Think Manufacturing by the Customer or its nominated freight provider on a date and at a time which must be previously arranged with Think Manufacturing.
        3. Customers may pay with exact cash on collection, or by Visa or Mastercard. Cheques and bank transfer cannot be accepted on collection.
        4. All costs associated with collection from Think Manufacturing are the Customer’s responsibility.
        5.  Collection logistics:
          • Collections must be arranged 1-2 business days in advance. Business hours: Monday to Thursday 8:30am-4pm / Fri 8:30am-2pm.
          • Please report to the office once on site. There is strictly no entry to the factory without a staff member present.
          • You may request photos of your order to plan suitable transport for collection.
          • Collection vehicle/trailer must be appropriate to safely load your order. If Think Fencing concludes that the load will not travel safely/securely, Think Fencing has the right to hold your order and re-schedule another collection day.
          • Staff are happy to advise if what transport options you have sound suitable, based on what is being collected prior to collection.
          • It is the customers responsibility to bring their own straps/rope/packing material (eg. blankets, cardboard) to secure the load and protect the material from direct contact with the trailer.
          • No weekend collections.
      2. Delivery
        1. Think Manufacturing will deliver Products to a residential or business address within Australia or internationally (Delivery Site). Think Manufacturing cannot deliver Products to PO boxes.
        2. Think Manufacturing may use third party courier services for delivery of Products, and the Customer consents to their details being disclosed to the third party courier for the purpose of delivering Products.
        3. On receipt of an Order, Think Manufacturing will provide a quote for standard delivery to the Delivery Site on Monday to Friday between 9am and 5pm. The quote provided by Think Manufacturing assumes that the Delivery Site is accessible by semi-trailer truck via an all-weather road (Standard Delivery Conditions).
        4. By way of indication only, the average freight delivery times under Standard Delivery Conditions within Australia are:
          VIC 1-3 Business Days
          NSW 3-5 Business Days
          ACT 3-5 Business Days
          SA 3-5 Business Days
          TAS 5-7 Business Days
          QLD 5-7 Business Days
          NT 5-10 Business Days
          WA 5-10 Business Days
        5. Think Manufacturing uses its best efforts to meet the average delivery times, but is not liable for late delivery or non-delivery. Think Manufacturing instructs third party courier services to call the Customer before deliveries that require unloading assistance. If the Customer wishes to arrange a specific delivery time with the courier, Think Manufacturing will provide a phone number for the Customer to contact the courier company.
        6. If the Customer requires express or other special delivery due to timing, out of business hours delivery requirements, or Delivery Site access requirements, the Customer must notify Think Manufacturing at the time of placing an Order, and an appropriate quote will be provided (Special Delivery).
        7. If the Customer does not notify Think Manufacturing that it requires Special Delivery, Think Manufacturing is not responsible for the inability to deliver Products or any delay in delivering Products to the Delivery Site.
        8. Additional delivery charges will be payable by the Customer for any Special Delivery, such as special vehicle hire or express delivery.
        9. Think Manufacturing and the delivery driver will not::
          1. provide any unloading devices;
          2. assist with manual unloading of Products; nor
          3. accept any charges for hire of unloading devices by the Customer.
          4. Charges will apply for redelivery if rejected/refused by sender or receiver or incorrect consignment details are supplied (ie Incorrect address, incomplete address, unsuitable delivery area, etc)
      2. International Delivery
        1. Think Manufacturing offers international delivery under the conditions set out above. However, due to international laws and regulations, Think Manufacturing must adhere to certain shipping restrictions. If a Customer places an Order for Products that Think Manufacturing is unable to ship to the Customer’s country, Think Manufacturing is unable to accept and deliver the Customer’s Order.
        2. The Customer is responsible for payment of any additional charges which may be incurred as a result of shipping Products outside of Australia. Such charges include any duties, taxes, customs charges, import duties or tariffs.
        3. For international deliveries, the Customer is considered the importer of record and must comply with all laws and regulations of the country in which the Products are delivered. International deliveries are subject to opening and inspection by customs authorities.
    • Title, Risk and Damage
      1. Risk in the Products passes to the Customer on collection, or when the Products enter the Customer’s custody, including its courier or delivery agent.
      2. Title to the Products passes to the Customer on payment of the full Purchase Price.
      3. Think Manufacturing is not liable for any damage that occurs to Products during delivery.
      4. Think Manufacturing is able to arrange insurance at the Customer’s request. The cost of such insurance is payable by the Customer and is likely to be in the order of 4% of the value of the Products being delivered.
    • Limitation of Liability
      1. Unless such liability cannot be excluded by law, Think Manufacturing will not be liable in any circumstances for any loss or damage:
        1. to any property or person arising from the supply or delay in supply of Products; or
        2. to any person arising from the failure to supply Products as a result of:
      2. the Customer providing an incorrect delivery address; or
        1. the Products being left at a delivery address that is unattended at the time of delivery.
        2. For the avoidance of doubt, Think Manufacturing is not responsible to a Customer for any loss or damage to the Products in transit caused by any event of any kind or by any person (whether or not Think Manufacturing is legally responsible for the actions of that person).
    • Returns and Replacements

      1. In addition to the Customer’s rights under the Australian Consumer Law, Think Manufacturing will refund or replace Products in certain circumstances. Our Return and Replacement Policy and our Limited Lifetime Warranty can be found here and are expressly incorporated into these Terms.

    • Privacy
      1. Think Manufacturing’s Privacy Policy can be found here.
    • Waiver
      1. A single or partial exercise or waiver of a right relating to these Terms will not prevent any other exercise of that right or another right.

    Think Fencing Pty Ltd

    ACN 677 432 261

    Return and Replacement Policy

    In addition to any rights a Customer has under the Australian Consumer Law (set out in clause 4 below), Think Manufacturing Pty Ltd (Think Manufacturing) only allows returns and replacements of products supplied by Think Manufacturing (Products) on the following terms and conditions.

    1. Change of Mind Returns
      1. The following products are not accepted for change of mind return:
        1. fencing systems, gates and other fabricated or customised Products;
        2.  Products which have been obtained via auction sites such as eBay; and
        3. Products in relation to which the Customer cannot produce a Think Manufacturing invoice number.
      2. All other Products may be returned for a refund of the Purchase Price, provided that:
        1. a return request is placed via the website www.thinkfencing.com.au, by email, or telephone within 10 business days of the date of delivery or collection of the Products;
        2. the Customer follows all instructions given by Think Manufacturing in relation to the return request;
        3. the Products are in a saleable condition;
        4. the Products have not been used; and
        5. the Products are in their original packaging.
        6. The Customer is responsible for the cost of returning the Products to Think Manufacturing.
        7. Think Manufacturing will refund the Purchase Price once the Products have been returned, inspected for compliance with these terms, and approved. The Purchase Price will be refunded by way of transfer into a bank account nominated by the Customer.
        8. Think Manufacturing will not refund any delivery or other charges or any insurance premiums which were paid by the Customer.
        9. The Customer is responsible for the cost of returning the Products to Think Fencing.
        10. Think Fencing will refund the Purchase Price once the Products have been returned, inspected for compliance with these terms, and approved. The Purchase Price will be refunded by way of transfer into a bank account nominated by the Customer.
        11. Think Fencing will not refund any delivery charges which were paid by the Customer.
    2. Replacement of Defective Products Identified on Delivery
      1. Any claim that the Products are defective, damaged during delivery, are short delivered or otherwise not in accordance with the Customer’s Order, must be made to Think Manufacturing within 10 business days of the date of delivery or collection of the Products.
      2. If the Customer fails to make a claim within that time, then to the extent permitted by law, the Products are deemed to have been accepted by the Customer.
      3. The Customer must comply with all reasonable requests by Think Manufacturing in relation to the claimed defect. This may include providing photographs of the defective Products, allowing access to the defective Products, or returning the defective Products to Think Manufacturing.
      4.  If a defect is confirmed by Think Manufacturing, then Think Manufacturing will replace the defective Products at no cost to the Customer. All re-delivery costs will be covered by Think Manufacturing.
      5. If Think Manufacturing does not require the defective Products to be returned, Think Manufacturing is not liable for any removal or disposal charges incurred by the Customer.
      6. Think manufacturing does not cover the cost of installation and/or removal of installed product.
    3. Limited Lifetime Warranty (LLW)
      1. This Warranty is provided subject to the limitations and qualifications set out below.
      2. The period of this Warranty has been determined in consideration of the intended use of the Products and the location at which the Products will be used.
      3. Warranty

        1. Think Manufacturing warrants that the material used in the manufacture of Products is suitable for use on a private property and for the Purpose and will have a usable life of 5 years, free from defects caused by faulty materials or manufacturing defects. This Warranty only applies to Products manufactured and supplied by Think Manufacturing or its certified re-sellers and is subject to:

          1. the installation of the materials being carried out in accordance with Think Manufacturing’s instructions; and

          2. the installation not having been compromised in any way due to faulty workmanship or installation. Should such faulty workmanship or installation occur at the Delivery Site address, Think Manufacturing at its discretion may declare this Warranty null and void.

        2. This Warranty covers manufacturing defects, including blistering, flaking, peeling or premature decomposition of its vinyl, ASA and MDPE components. This warranty does not cover reasonable colour and structural variation between batches.

        3. This Warranty covers material against premature decomposition and such premature decomposition is defined as the material being unsuitable and no longer fit for the purposes within a reasonable period for its geographical locations.

        4. In this section, ‘Purpose’ means material being serviceable for the purpose of its use as a fencing barrier, but not as an enclosure.

        5. Think Manufacturing manufactures and designs its fencing to collapse and/or break under impact to reduce any potential injury to any animal, person or property which could be in a position of contact with or near the fencing system. The Warranty does not cover any such injuries or damage sustained to any animal, person or property as a result of the fencing system breakdown and Think Manufacturing will not be held responsible for any such damage.

        6. If any material supplied by Think Manufacturing needs to be replaced under this Warranty, the material originally supplied may be replaced by substituted material that is comparable to the original Product in terms of its quality and price. The provision of substituted material will be necessary if Think Manufacturing has changed its formula, product range and/or colour for any reason including in meeting changing market demands and where new designs and technology have become available.

    4. Rights of consumers under the Australian Consumer Law
      1. Paragraph 4(b) below applies to you if the Product is of a kind ordinarily acquired for personal, domestic, rural or household use or consumption, unless you acquired the Product for the purpose of re-supply or of using it up or transforming it in trade or commerce.
      2. Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of a Product and compensation for any other reasonably foreseeable loss or damage.
      3. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and failure does not amount to a major failure.
    5. Notification of claim under this Policy
      1. Please note that any claim under the Warranty or the Australian Consumer Law must be notified to Think Manufacturing within a reasonable time (and in any event no more than 30 days) after you first noticed or ought reasonably to have noticed the defect or issue. If Think Manufacturing is not notified of the claim within a reasonable time of you first noticing the defect or issue, Think Manufacturing may in its absolute discretion deny the claim and Think Manufacturing shall have no liability under this Policy.
      2. To initiate a claim under this Policy, Think Manufacturing can be contacted on 03 5259 2555 or sales@thinkfencing.com.au

    Contacting us

    Think Manufacturing welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us by any of the following means during business hours Monday to Friday.

    Post: Attn: Privacy Policy,
    Think Fencing,
    2415 Portarlington Rd,
    Portarlington 3223
    Victoria Australia

    E-mail: sales@thinkfencing.com.au