THINK FENCING PTY LTD TRADING TERMS

These terms (Terms) outline the terms and conditions on which Think Fencing Pty Ltd (Think Fencing) will supply any of the products listed on our website (Site) to 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 on the Site by designating the Think Fencing products required, and any requirements for fabrication or customisation in the order form available on the Site (Products).
    2. The Customer may also place an Order for Products by email, telephone or in person at Think Fencing.
    3. Upon placing an Order, the Customer will receive an invoice from Think Fencing for the full price of the Products ordered, and any fabrication or customisation charges (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 in these Terms below.
    4. The Customer must pay at least 50% of the Purchase Price to Think Fencing as a deposit (Deposit) prior to the Order being processed. Think Fencing accepts direct bank transfer, credit card (Visa and Mastercard), Pay Pal, cheque and cash payments.
    5. Customer must pay the Deposit to Think Fencing using the payment details provided on the invoice before the Order will be processed by Think Fencing.
    6. Think Fencing reserves the right to alter prices without notice to the Customer, and such prices will apply to future Orders, but not to any order made before the alteration.
    7. An order is accepted when payment of the deposit is processed by Think Fencing.
    8. Full payment of the Purchase Price is required prior to delivery of Products, and in any event by the date specified by Think Fencing.
    9. If the Customer does not make payment by the due date, Think Fencing may:
      1. charge the Customer interest calculated on a daily basis; and/or
      2. cancel or suspend any unfilled Orders.
  3. Lead Times
    1. The average lead time for in stock products is 1-2 business days after full payment of the Purchase Price is received, plus 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, plus delivery time as set out below.
  4. Cancellation of Orders
    1. If Think Fencing 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 Fencing 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 Fencing, it cannot be cancelled by the Customer unless agreed to by Think Fencing.
  5. Delivery and Collection
    1. Collection from Think Fencing premises
      1. Think Fencing 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 Fencing by the Customer or its nominated freight provider on a date and at a time which must be previously arranged with Think Fencing.
      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 Fencing are the Customer’s responsibility.
    2. Delivery
      1. Think Fencing will deliver Products to a residential or business address within Australia or internationally (Delivery Site). We cannot deliver to PO boxes.
      2. Think Fencing 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 Fencing will provide a quote for standard delivery to the Delivery Site on Monday to Friday between 9am and 5pm. Think Fencing 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 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 Fencing uses its best efforts to meet the average delivery times, but is not liable for late delivery or non-delivery. Think Fencing 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 Fencing 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 Fencing at the time of placing an Order, and an appropriate quote will be provided (Special Delivery).
      7. If the Customer does not notify Think Fencing that it requires Special Delivery, Think Fencing is not responsible for the inability to deliver Products to the Delivery Site.
      8. Additional delivery charges will be payable by the Customer for any Special Delivery requirements, such as special vehicle hire or express delivery.
      9. The Customer is responsible for unloading Products at the Delivery Site. Think Fencing recommends a least two people are available to unload Products.
      10. Think Fencing and the delivery driver will not:
        1. provide any unloading devices;
        2. assist with manual unloading of Products;
        3. accept any charges for hire of unloading devices by the Customer.
    3. International Delivery
      1. Think Fencing offers international delivery under the conditions set out above. However, due to international laws and regulations, Think Fencing must adhere to certain shipping restrictions. If a Customer places an Order for Products that Think Fencing is unable to ship to the Customer’s country, Think Fencing 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, or customs charges.
  6. 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 Fencing is not liable for any damage that occurs to Products during delivery. Think Fencing is able to arrange insurance at the Customer’s request, in the amount of 4% of the value of the Products being delivered.
  7. Limitation of Liability
    1. Unless such liability cannot be excluded by law, Think Fencing 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:
        1. the Customer providing an incorrect delivery address; or
        2. the Products being left at a delivery address that is unattended at the time of delivery.
    2. For the avoidance of doubt, Think Fencing 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 Fencing is legally responsible for the actions of that person).
  8. Returns and Replacements
    1. In addition to the Customer’s rights under the Australian Consumer Law, Think Fencing will refund or replace Products in certain circumstances. Our Return and Replace Policy and our Limited Lifetime Warranty can be found here and are expressly incorporated into these Terms.
  9. Privacy
    1. Think Fencing’s Privacy Policy can be found here.
  10. 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 RETURN AND REPLACE POLICY

In addition to any rights a Customer has under the Australian Consumer Law (set out in paragraphs 3.8 to 3.10 below), Think Fencing allows returns and replacements of 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. Think Fencing products which have been obtained via auction sites such as eBay;
      3. products in relation to which the Customer cannot produce a Think Fencing 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 Site, 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 Fencing 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.
    3. The Customer is responsible for the cost of returning the Products to Think Fencing.
    4. 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.
    5. 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 Fencing 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 Fencing 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 goods to Think Fencing.
    4. If a defect is confirmed by Think Fencing, then Think Fencing will replace the defective products at no cost to the Customer. All re-delivery costs will be covered by Think Fencing.
    5. If Think Fencing does not require the defective products to be returned, Think Fencing is not liable for any removal or disposal charges incurred by the Customer.
  3. Limited Lifetime Warranty (LLW)
    1. This LLW is subject to the limitations and qualifications set out below.
    2. The period of this LLW has been determined in consideration of the intended use of the Products and the location at which the Products will be used.
    3. Rights and Protections
      1. Think Fencing warrants that the material used for the Products for use on a private property will have a life free from defects caused by faulty materials or manufacturing defects. The LLW only applies to Products manufactured and supplied by Think Fencing or its certified re-sellers and is subject to:
        1. the installation of the materials being carried out in accordance with Think Fencing’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 site address, Think Fencing at its discretion may declare this warranty null and void.
      2. This LLW covers manufacturing defects, including blistering, flaking, peeling or premature decomposition of its vinyl, ASA and MDPE components.
      3. This LLW 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. ‘Purpose’ means material being unserviceable for the purpose of fencing barriers but not enclosures.
      4. Think Fencing manufactures and designs its material 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 LLW does not cover any such injuries or damages sustained to any animal, person or property as a result of the fencing system breakdown and Think Fencing will not be held responsible for any such damage.
      5. Think Fencing warrants that if any material used becomes necessary to be replaced under this LLW, the material used as its replacement may be substituted for a comparable product of quality and price should Think Fencing have changed its formula, product range and/or colour due to meeting changing market demands and new designs and technology emerge.
    4. Rights of consumers under the Australian Consumer Law
      1. Clause 3.4.2 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. Think Fencing 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 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 LLW
      1. Please note that any claim under this LLW must be notified to Think Fencing 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 Fencing is not notified of the claim within a reasonable time of you first noticing the defect or issue, Think Fencing may in its absolute discretion deny the claim and Think Fencing shall have no liability under this LLW.
      2. To initiate a claim under this LLW, contact Think Fencing on 03 5259 2555 or sales@thinkfencing.com.au or via our warranty form on the site.

Contacting us

If you have any questions about our Terms & Conditions and would like further information, please contact us by any of the following means during business hours Monday to Friday.

Post: Attn: Claims Officer,
Think Fencing,
2415 Portarlington Rd,
Portarlington 3223
Victoria Australia

E-mail: admin@thinkfencing.com.au

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