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WEBBER BOUNDARY TERMS AND CONDITIONS

  

 1. Payment Terms

1.1. A deposit of 50% of the quoted price is required upon acceptance of the quotation. Work will not be scheduled until the deposit has been received and cleared.

1.2. The remaining balance is due within seven (7) days of project completion and invoice issue.

1.3. Overdue accounts may incur interest at a rate of 18% per annum, calculated daily on the outstanding balance.

1.4. If payment remains outstanding for more than thirty (30) days, Webber Trading Limited reserves the right to engage debt recovery services or commence legal proceedings. The client shall be responsible for all reasonable recovery costs, legal fees, and collection expenses incurred.

1.5. Payment must be made by bank transfer unless otherwise agreed in writing.

2. Quotations

2.1. All quotations are valid for thirty (30) days from the date of issue unless otherwise stated.

2.2. Quotations are based on information available at the time of preparation and may be subject to revision if site conditions differ from those reasonably anticipated.

2.3. Any work not specifically included within the quotation shall be treated as additional work and may incur additional charges.

3. Variations and Additional Works

3.1. Any variation requested by the client after acceptance of the quotation must be approved by Webber Trading Limited.

3.2. Variations include, but are not limited to:

  • Changes to fence design, height, length, or layout;
  • Additional gates or access points;
  • Gate automation systems;
  • Additional excavation, concrete, drainage, or site preparation;
  • Changes to materials, colours, or finishes;
  • Additional labour requested by the client.

3.3. Variations may result in adjustments to the contract price, project timeline, or both.

3.4. Webber Trading Limited may issue a written variation quotation before proceeding with additional work.

3.5. Verbal instructions, text messages, emails, or on-site requests from the client authorising additional work shall constitute acceptance of associated costs.

3.6. All variation charges shall be payable in accordance with the payment terms of this agreement.

4. Scheduling and Delays

4.1. Installation dates are estimated and subject to project requirements, material availability, weather conditions, and operational scheduling.

4.2. Webber Trading Limited shall not be liable for delays caused by:

  • Adverse weather conditions;
  • Supplier or material shortages;
  • Actions or delays of third parties, contractors, utility providers, or local authorities;
  • Permit approvals or regulatory requirements;
  • Unforeseen circumstances beyond our reasonable control.

4.3. Where delays occur due to circumstances beyond our control, work will be rescheduled at the earliest available opportunity.

4.4. No compensation, loss of income, accommodation costs, or consequential damages shall be payable by the company for such delays.

4.5. If the client requests postponement, rescheduling, or suspension of works after acceptance of the quotation, additional costs may apply, including labour, equipment, administration, and storage charges.

5. Site Conditions and Client Responsibilities

5.1. The client is responsible for ensuring the work site is safe, accessible, and adequately prepared before commencement of work.

5.2. The client shall ensure:

  • Clear access to the work area;
  • Removal of vehicles, equipment, debris, and obstructions;
  • Availability of power and water where reasonably required;
  • Any required site preparation, excavation, drainage, or foundation work has been completed.

5.3. If the site is not ready for installation upon arrival, Webber Trading Limited reserves the right to:

  • Charge a rescheduling fee;
  • Charge additional labour costs;
  • Recover equipment hire, transport, or waiting time expenses.

5.4. The client is responsible for identifying and disclosing the location of all underground services and utilities, including but not limited to water pipes, gas lines, electrical cables, fibre optic services, drainage systems, septic systems, and irrigation systems.

5.5. Webber Trading Limited shall not be liable for damage to any underground service or structure that has not been accurately identified or disclosed by the client.

5.6. The client must notify the company of any known hazards, risks, or unsafe conditions on the property.

5.7. Work may be suspended if the site is considered unsafe under the Health and Safety at Work Act 2015.

6. Warranty and Liability

6.1. Webber Trading Limited provides a twelve (12) month workmanship warranty from the date of installation.

6.2. Manufacturer warranties apply separately to products and materials supplied where such warranties are available.

6.3. This warranty covers defects resulting directly from faulty workmanship or installation.

6.4. This warranty does not cover:

  • Normal wear and tear;
  • Corrosion, rust, fading, or environmental deterioration;
  • Storm, flood, earthquake, or other natural events;
  • Accidental damage;
  • Vandalism or misuse;
  • Neglect or lack of maintenance;
  • Modifications, repairs, or alterations carried out by third parties;
  • Electrical failures or faults beyond the company's control.

6.5. Warranty claims must be submitted in writing within fourteen (14) days of the defect being discovered.

6.6. The company's liability under this warranty is limited to repair, replacement, or rectification of the defective workmanship at its sole discretion.

6.7. To the maximum extent permitted by law, Webber Trading Limited shall not be liable for any indirect, special, incidental, or consequential loss or damage.

7. Ownership of Materials

7.1. All materials supplied by Webber Trading Limited remain the property of the company until full payment has been received.

7.2. Until ownership passes, the company reserves the right to recover materials supplied where payment obligations have not been met.

8. Cancellation and Refunds

8.1. Deposits are non-refundable once the quotation has been accepted and scheduling or material procurement has commenced.

8.2. If the client cancels the project after materials have been ordered or work has commenced, the client shall be responsible for:

  • All labour completed to date;
  • Materials purchased or specially ordered;
  • Any subcontractor or supplier costs incurred;
  • Any reasonable administration or cancellation costs.

8.3. Webber Trading Limited reserves the right to cancel or suspend a project where:

  • Health and safety concerns exist;
  • Site conditions make work impractical or unsafe;
  • The client breaches these Terms and Conditions;
  • Legal or regulatory issues prevent completion of the works.

9. Photography and Marketing

9.1. The company may take photographs of the works before, during, and after installation for quality assurance, record keeping, training, and marketing purposes.

9.2. No personal information identifying the client will be published without consent.

10. Consumer Guarantees Act

10.1. Nothing in these Terms and Conditions limits or excludes any rights or remedies available to consumers under the Consumer Guarantees Act 1993 where that legislation applies.

11. Force Majeure

11.1. Webber Trading Limited shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control.

11.2. Such events may include, but are not limited to:

  • Severe weather events;
  • Natural disasters;
  • Industrial disputes;
  • Supply chain disruptions;
  • Government restrictions;
  • Public health emergencies;
  • Utility failures.

12. Dispute Resolution

12.1. In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith discussions.

12.2. If the dispute cannot be resolved within a reasonable time, either party may pursue remedies available under New Zealand law.

13. Governing Law and Acceptance

13.1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of New Zealand.

13.2. By accepting a quotation, paying a deposit, signing a contract, or instructing Webber Trading Limited to proceed with the works, the client acknowledges that they have read, understood, and agreed to these Terms and Conditions.

13.3. These Terms and Conditions form part of every quotation, invoice, work order, and contract issued by Webber Trading Limited unless otherwise agreed in writing.

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