WEBSITE TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Amendment Of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Smiths Fencing & Carpentry.com.au’s rights and obligations to each other.
Limitation Of Liability
It is an essential pre-condition to you using our website that you agree and accept that Smiths Fencing & Carpentry.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Competition And Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Smiths Fencing & Carpentry.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
Links To Other Websites
Smiths Fencing & Carpentry.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Smiths Fencing & Carpentry.com.au and the owners of those websites. Smiths Fencing & Carpentry.com.au takes no responsibility for any of the content found on the linked websites.
Smiths Fencing & Carpentry.com.au’s website may contain information or advertisements provided by third parties for which Smiths Fencing & Carpentry.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Smiths Fencing & Carpentry.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Smiths Fencing & Carpentry.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Smiths Fencing & Carpentry.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Smiths Fencing & Carpentry.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
Disclosure of Information
Smiths Fencing & Carpentry.com.au may be required, in certain circumstances, to disclose information in good faith and where Smiths Fencing & Carpentry.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
Exclusion Of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Smiths Fencing & Carpentry.com.au. Smiths Fencing & Carpentry.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Smiths Fencing & Carpentry.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Smiths Fencing & Carpentry.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
Copyright, Trademark And Restrictions Of Use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Smiths Fencing & Carpentry.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Smiths Fencing & Carpentry.com.au concerning your use and access to Smiths Fencing & Carpentry.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion Of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Home Design Or Renovation
Any products, designs, images, projects or plans shown on this website are examples only. We do not receive compensation for endorsing any particular product or service but can offer our opinion on a solution and products for customers based on our expertise. Any product or service claim, quote, representation or view about any particular product or service should be verified directly with the manufacturer or supplier. Please contact us for quotes, timing, approval requirements, suitability and advice around your specific project.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and Smiths Fencing & Carpentry.com.au that results in litigation, then you must submit to the jurisdiction of the courts of NSW.
Quotes, Estimates and Orders Unless the quotation/estimate specifies otherwise, it is valid for 30 days and for the full quantity only. The quote/estimate supersedes all previous quotes/estimates. If you wish to change your order or product specifications before delivery a requote will be provided. We will be bound to supply you the Goods when Smith’s Fencing & Carpentry accepts your order (but not before), and you will then be bound to pay for them.
10% deposit is required to secure your quote. Then the following payment schedule is required when you place your order: On delivery of goods from our suppliers a further 40%, and the balance is payable 5 working days on job completion. Personal cheques are not accepted. Short payment of any invoice is not permitted. Split invoicing is available on request.
If delivery is required, a charge for delivery to your home or premises will apply. We will give you an estimated delivery date/time in good faith, but we are unable to accept liability for delay in delivering the goods which is beyond our reasonable control (eg if stock is unavailable). You must ensure there is clear and safe access for delivery. Please ensure there is a person present at the delivery premises who is authorised by you to accept delivery. If there is not, you authorise us to deliver the Goods anyway (if we consider it is safe and appropriate to do so). If the delivery contractor arrives at the agreed time but is unable to deliver the Goods or considers that it is unsafe or inappropriate to do so, you may be required to pay for re-delivery later. Some Goods may require extra delivery personnel which may incur an additional charge. We will deposit your Goods at ground level at the delivery premises unless you have arranged otherwise with us. The Goods are at your risk after delivery.
We will endeavour to resolve any problems quickly after notification. Smith’s Fencing & Carpentry warrants that the Goods are fit for their usual purpose and are free of defects. You should ensure that the Goods are suitable for your specific purpose. Our goods 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. For Commercial customers, Smith’s Fencing & Carpentry liability is limited to refunding the price or replacing or repairing the Goods (at our option) and we exclude liability for indirect or consequential loss (eg contractor time on site). We will not be liable for damage, loss or injury suffered as a result of any person failing to follow instructions relating to the Goods, modifying them, failing to appropriately maintain or store them or using them for an unintended purpose. Commercial customers must inspect the Goods upon taking delivery and any shortage, discrepancy, defect, wrong specification or similar problem must be notified to Smith’s Fencing & Carpentry as soon as you become aware of it, and in any event within 7 days of delivery (otherwise we will not be liable for that problem later).
Cancellation & Returns
We will endeavour to assist you if you wish to cancel your order or return Goods unused – please see the returns policy on our website. Some Goods, are non-returnable unless a warranty or guarantee is breached. Customers may be required to pay for loss we incur as result (for example, handling/transport costs or any re-stocking fee charged by our supplier). We reserve the right to cancel any order (in full or part) where: (i) you are in breach of your payment obligations to Smith’s Fencing & Carpentry; (ii) Smith’s Fencing & Carpentry reasonably suspects that you are purchasing Goods for the purposes of resale or resupply; (iii) Smith’s Fencing & Carpentry becomes aware after order confirmation that the good is out of stock; or (iv) there has been a genuine pricing or product description error by Smith’s Fencing & Carpentry or its supplier. We will refund any amount already paid in respect of any cancelled order (and in the case of part cancellation of an order, we will refund the the amount paid that relates to the cancelled portion of the order).
Third Party Installation
Where you arrange for a third party to install Goods supplied by us, you must contract separately with that third party. Smith’s Fencing & Carpentry will not be liable for any installation services provided by a third party.