1. Products

1.1 The Products offered by Future Fence Pty Ltd ("the Seller") are as described in quotations, invoices, the Seller’s website, online listings, or any other listings provided by the Seller to the Buyer.

1.2 The Buyer does not rely on the skill or judgement of the Seller in relation to the suitability of the Products for a specific purpose. Any advice, recommendations, allowances, provisions, information, or assistance provided by the Seller is given in good faith and without liability, relying on the accuracy and completeness of information provided by the Buyer.

2. Price & Payment

2.1 Quotations are valid for thirty days unless stated otherwise. A quotation is an invitation to treat, and no contractual relationship arises until the Buyer’s written acceptance is received and accepted by the Seller.

2.2 At the Seller’s discretion, a deposit may be required to secure the Products. The deposit amount or percentage will be specified at the time of the order and is immediately due and payable.  Until the agreed deposit has been received the Seller is unable to allocate, reserve or hold stock for the Buyer. , 

2.3 Payment in full is required before the Products leave the Seller’s warehouse, whether by collection or delivery.

2.4 Delivery of Goods to a carrier by the Seller constitutes delivery to the Buyer, and all risk passes to the Buyer on delivery.

3. Risk

3.1 If the Seller retains property in the Goods, all risk for the Goods passes to the Buyer on delivery.

4. Lien & Stoppage in Transit

4.1 In cases where the full price has not been received or has been dishonored, the Seller retains:

• A lien on the Products.
• The right to stop Products in transit.
• The right of resale.

5. Title

5.1 Property in the Goods does not pass until:

• The Buyer has paid all amounts owing for the particular Products.
• The Buyer has fulfilled all other obligations due to the Seller.

5.2 The Seller may  take legal steps to recover any amounts owing to it notwithstanding that ownership of the Products may not have passed to the Buyer. 

6. General

6.1 The Seller’s products are suitable for residential boundary fencing only unless otherwise specified, and the Buyer undertakes not to use the Seller’s products in any unauthorised manner. 

6.2 The Buyer indemnifies and releases the Seller (including the Owners, Officers, Employees, Agents and Assigns of the Seller) from any and all liability, claims, suits, actions, or demands whatsoever (including claims for or in relation to injury, loss or damage) relating in any way to the use of the Products in an unauthorised manner.

6.3 The Seller recommends the use of a post hole or general concrete mix with its post systems.  Rapid set concrete is not suitable for use with aluminium and its use will void any warranty claims. 

7. Invalidity and Applicable Law

7.1 If any provision is deemed invalid, void, illegal, or unenforceable, it does not affect the validity of the remaining provisions.

7.2 All Goods are subject to Queensland laws, and the Seller is not responsible for changes in the law affecting the supplied Goods.

7.3 The Seller is not liable for any indirect loss or expense suffered by the Buyer arising from a breach of these terms and conditions.

8. Force Majeure

8.1 Neither party is liable for default due to events beyond reasonable control, including but not limited to acts of God, war, terrorism, strike, lockout, fire, flood, drought, storm, COVID-related delays, or international shipping delays.