Service Agreement

Version 2.1 · September 2026. These are the standard terms on which Perth Pool Fencing supplies and installs pool fencing, balustrade and associated works. They apply together with your Quote.
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About this Agreement

This Agreement sets out the standard terms on which Perth Pool Fencing supplies and installs pool fencing, balustrade and associated works. It applies together with your Quote, which records the price, the scope of work and any job-specific details.

Two things worth knowing before you read on. First, most residential jobs priced between $7,500 and $500,000 are "home building work" under the Home Building Contracts Act 1991 (WA). On those jobs the deposit is capped at 6.5%, variations must be in writing and signed, and you receive the prescribed Notice for the Home Owner before you sign. Second, nothing in this Agreement limits the consumer guarantees you have under the Australian Consumer Law. Those rights cannot be excluded, and clause 1.3 says so expressly.

PERTH POOL FENCING: As identified in Item 1 of the Schedule.

CUSTOMER: As identified in Item 2 of the Schedule and the Quote.

Agreement

THIS AGREEMENT is dated the date it is signed by the last party to sign it or, where clause 2.2(a) applies, the date the Customer accepts the Quote.

BETWEEN:

1. PERTH POOL FENCING: contact details as identified in Item 1 of the Schedule.

2. CUSTOMER: As identified in Item 2 of the Schedule.

RECITALS

A. Perth Pool Fencing carries on the business of supplying and installing pool safety barriers and pool fencing, and providing landscaping, paving, fencing, and related outdoor construction services.

B. The Customer wishes to engage Perth Pool Fencing to provide certain services at the site described in the Schedule and the Quote.

C. Perth Pool Fencing agrees to perform the services for the Customer on the terms and conditions set out in this Agreement.

NOW THE PARTIES AGREE AS FOLLOWS:

1. Definitions and Interpretation

1.1 Definitions

• (a) "Agreement" means this service agreement including the Schedule, the Quote, any Special Conditions, any signed Variations and, for an HBCA Contract, the Notice for the Home Owner.
• (b) "Services" (also called the "Works") means the work described in Item 3 of the Schedule and in the Quote, including any Variations.
• (c) "Site" means the location for the Services, as set out in Item 4 of the Schedule.
• (d) "Latent Condition" means a physical condition on or under the Site (including rock, limestone caprock, concrete, old footings, tree roots, fill, voids, groundwater, contamination, asbestos, and underground services or structures that are not marked) not reasonably foreseeable by Perth Pool Fencing at the time of entering into this Agreement from a visual inspection of the Site and the information the Customer gave it.
• (e) "Completion" or "Practical Completion" means the stage when the Services are complete except for minor defects:
• (i) which do not prevent the Services from being reasonably capable of being used for their intended purpose;
• (ii) which Perth Pool Fencing has identified and undertaken to rectify within a reasonable time; and
• (iii) for which any approval that Perth Pool Fencing is responsible for under this Agreement has been obtained.
• (f) "PPSA" means the Personal Property Securities Act 2009 (Cth).
• (g) "Quote" means Perth Pool Fencing's written quotation for the Services accepted by the Customer, including its drawings, inclusions, exclusions and payment schedule.
• (h) "Price" means the total amount payable for the Services stated in the Quote (including GST), as adjusted under this Agreement.
• (i) "HBCA" means the Home Building Contracts Act 1991 (WA). "HBCA Contract" means this Agreement where it is a "home building work contract" under section 3(1) of the HBCA. Broadly, that is where the Services are home building work for the owner (which includes associated work such as swimming pools, fencing, paving, retaining walls and landscaping at a home) and the Price is more than $7,500 and less than $500,000.
• (j) "Consumer" has the meaning in section 3 of the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) ("ACL").
• (k) "Pool Barrier" means a barrier restricting access to a private swimming pool as required by Part 8 Division 2 of the Building Regulations 2012 (WA), and includes any fence, gate, wall, window or door forming part of it.
• (l) "Variation" means a change to the Services or the Price agreed or permitted under clause 5.
• (m) "business day" means a day other than a Saturday, Sunday or public holiday in Perth. For an HBCA Contract, "working days" has the meaning given in the HBCA.

1.2 Interpretation

• (a) In this Agreement, unless the context indicates a contrary intention:
• (b) headings are for convenience only and shall not affect interpretation;
• (c) references to any party to this Agreement include its successors and permitted assigns; and
• (d) each Schedule is incorporated into this Agreement. If there is any inconsistency, the documents apply in this order: (1) any Special Conditions in Item 14 of the Schedule; (2) the Quote; (3) these clauses; (4) the rest of the Schedule.

1.3 Your rights under the law

• (a) Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy the Customer has under the ACL (including the guarantees that services will be rendered with due care and skill and will be reasonably fit for purpose), any right of an owner under the HBCA, any right to complain to the Building Commissioner under the Building Services (Complaint Resolution and Administration) Act 2011 (WA), or any other right that the law says cannot be excluded.
• (b) Every clause that limits Perth Pool Fencing's liability or gives a risk to the Customer (including clauses 9, 12, 21 to 23, 25 to 29 and the Special Conditions) applies only as far as the law allows and is to be read subject to clause 1.3(a).

2. Engagement

2.1 The Customer engages Perth Pool Fencing to carry out the Services described in Item 3 of the Schedule and the Quote and Perth Pool Fencing agrees to do so in accordance with the terms of this Agreement.

2.2 The Customer accepts this Agreement:

• (a) where this is not an HBCA Contract, by signing it, accepting the Quote electronically, paying the deposit, instructing Perth Pool Fencing to order materials, commence work or reserve installation dates, or otherwise communicating acceptance in writing, in each case after being given a copy of, or reasonable access to, this Agreement; or
• (b) where this is an HBCA Contract, by signing it (an electronic signature is enough) after being given the Notice for the Home Owner.

2.3 Owner and ability to pay. The Customer confirms that it is the owner of the Site or has the owner's written authority. Before starting work (or work under a Variation), Perth Pool Fencing may ask the Customer, by written notice, for evidence that it owns the Site and can pay the Price. If the Customer does not give that evidence within 10 working days, Perth Pool Fencing may end this Agreement by written notice given within a further 10 working days.

2.4 Door-to-door sales. If this Agreement is an "unsolicited consumer agreement" under the ACL (for example, if it is negotiated and agreed in person at the Customer's home during a visit the Customer invited only for a quote), the Customer has a 10 business day cooling-off period. Perth Pool Fencing will give the Customer the notice the ACL requires, and will not start work or accept payment during that period.

2.5 Publication of this Agreement. This Agreement is published at ppfencing.com.au and a copy is provided or linked with the Quote. The version that applies to a job is the version published, or given to the Customer, when the Customer accepted the Quote. Perth Pool Fencing keeps a copy of each published version and will provide the applicable version on request at any time.

3. Schedule

3.1 Particulars of the engagement, including details of the parties, scope of works, pricing, payment terms, timeframe, and warranties, are set out in the Schedule and the Quote.

4. Payment

4.1 The Customer must pay Perth Pool Fencing in accordance with the payment terms specified in Item 8 of the Schedule and the payment schedule in the Quote.

4.2 For an HBCA Contract: (a) any deposit paid before work starts will not be more than 6.5% of the Price; and (b) after work starts, Perth Pool Fencing will only claim progress payments for work already performed or materials or services already supplied (for example, materials delivered to the Site). Where the Quote sets out a schedule of stage payments, each payment is claimed when that stage is reached.

4.2A For a contract that is not an HBCA Contract (including a contract with a Price of $7,500 or less), the Customer must pay the deposit stated in Item 8 on acceptance. The deposit is applied to the cost of ordering and making the Customer's materials, which are cut and made to the Customer's measurements and cannot be resold. If the Customer cancels, clause 15.5 applies and the Customer is refunded the balance of the deposit after the amounts in that clause are deducted.

4.6 Payment of the deposit is evidence that the Customer has accepted this Agreement, and authorises Perth Pool Fencing to order the Customer's materials, book subcontractors and reserve installation dates. Nothing in this clause limits clause 1.3 or the Customer's right to cancel under clause 15.

4.3 If payment is not received by the due date, Perth Pool Fencing may charge interest on the overdue amount at the rate in Item 9, calculated daily from the due date until paid, and the Customer must pay Perth Pool Fencing's reasonable costs of recovering overdue amounts (including reasonable debt collection and legal costs).

4.4 Payment must be made by bank transfer or credit card. Perth Pool Fencing will never change its bank details by email. Before paying, the Customer must confirm any new or changed bank details by phoning Perth Pool Fencing on the number in Item 1.

4.5 The Customer may not withhold payment because of a minor defect or omission that does not stop the Services being reasonably capable of use, except for an amount that reasonably reflects the cost of fixing that item, held only until it is fixed.

5. Variations

5.1 Any variation to the Services must be agreed in writing (for a contract that is not an HBCA Contract, an email, SMS or message through Perth Pool Fencing's system is enough; for an HBCA Contract, see clause 5.5).

5.2 Perth Pool Fencing shall, as soon as reasonably practicable after becoming aware of the need for a variation, give written notice to the Customer identifying:

• (a) the nature and reasons for the proposed variation;
• (b) any impact on the price and timeframe for completion; and
• (c) any conditions required for the variation to proceed.

5.3 The Customer must respond to the variation proposal within five (5) business days of receipt. If the Customer accepts the variation, Perth Pool Fencing will proceed in accordance with the agreed change. Where a variation is asked for or agreed on Site, Perth Pool Fencing may record it in writing (including by SMS, email or through its app) for the Customer to confirm before the varied work is done.

5.4 If no agreement is reached, Perth Pool Fencing may choose not to proceed with a variation the Customer has asked for. If a variation is needed for the Services to be completed lawfully or safely (for example, a direction from a permit authority, or a Latent Condition) and no agreement is reached within 10 business days, either party may end this Agreement by written notice, and clause 15.3 applies to work done up to that date.

5.5 For an HBCA Contract, every variation must be in writing, set out its terms and cost, be dated, and be signed by both parties (an electronic signature is enough), and the Customer must be given a copy before the varied work starts. There is one exception: a variation made necessary by a written direction given under a written law (for example, by a building surveyor or permit authority), or by circumstances that could not reasonably have been foreseen when this Agreement was made. For those, Perth Pool Fencing will instead give the Customer a written statement of the reason for and the cost of the variation (with a copy of any direction) within 10 working days. An increase in Perth Pool Fencing's labour or material costs is not such a circumstance.

5.6 Perth Pool Fencing may charge for a Variation at the rates in the Quote or, if there are none, at a reasonable rate for the labour, materials and time involved, including reasonable re-measuring, re-ordering and re-scheduling costs caused by a change the Customer asks for.

5.7 The Price is fixed. Perth Pool Fencing may only increase it by a Variation, under clause 6, or to reflect extra costs actually imposed on or incurred by it (a) as a direct result of a written law, (b) because of an increase in a tax, duty or government charge after the date of this Agreement, or (c) because the start of work is delayed more than 45 working days after the date of this Agreement by the Customer's failure to meet a condition of this Agreement, or without fault by either party. For an HBCA Contract, the owner's rights under Schedule 1 of the HBCA apply to an increase under (c).

6. Latent Conditions

6.1 If Perth Pool Fencing encounters a Latent Condition, it will notify the Customer in writing (email or SMS is enough) as soon as practicable and, where practicable, before doing further work affected by it.

6.2 Perth Pool Fencing is entitled to a reasonable extension of time and adjustment to the price for the reasonable extra cost of dealing with a Latent Condition (for example, core-drilling or breaking out rock, limestone or concrete, relocating posts, or extra or deeper footings). For an HBCA Contract, the written statement in clause 5.5 will be given within 10 working days.

6.3 The Customer must tell Perth Pool Fencing, before the Quote is accepted, about anything it knows of under or near the fence line, including pipes, cables, reticulation, pool plumbing and electrics, gas lines, soak wells, septic or leach drains, footings and slabs, and any past problems with the ground. A condition the Customer knew about and did not disclose is treated as a Latent Condition.

7. Timeframes and Extensions of Time

7.1 Perth Pool Fencing agrees to carry out the Services within the timeframe stated in Item 6 of the Schedule, subject to extensions of time. The commencement date and timeframe are good-faith estimates, and Perth Pool Fencing will keep the Customer informed of its schedule.

7.2 Perth Pool Fencing is entitled to an extension of time for delays caused by:

• (a) adverse weather;
• (b) variations;
• (c) delay by the Customer;
• (d) latent conditions;
• (e) delays by suppliers or manufacturers (including glass and hardware lead times) beyond Perth Pool Fencing's reasonable control;
• (f) the Site not being ready or accessible on the scheduled day (for example, the pool shell, coping, paving or retaining not finished, or levels not set);
• (g) waiting for a permit, approval, inspection or direction from an authority;
• (h) a suspension under clause 8; and
• (i) other events beyond Perth Pool Fencing's control.

7.3 Perth Pool Fencing will notify the Customer of any claim for an extension of time in writing as soon as reasonably practicable.

7.4 If the Site is not ready or accessible on a scheduled day through no fault of Perth Pool Fencing, it may charge the wasted-attendance fee stated in the Quote (or, if none, its reasonable costs of that attendance) and reschedule the Services to its next available date.

7.5 Events outside either party's control. Neither party is in breach of this Agreement for a failure or delay caused by an event beyond its reasonable control, including extreme weather, flood, fire, pandemic, industrial action, civil emergency, an act or direction of government, or failure of a utility or supply chain. The affected party must notify the other as soon as practicable and take reasonable steps to reduce the effect. Perth Pool Fencing is entitled to an extension of time for the period of the event. If the event continues for more than 60 days, either party may end this Agreement by written notice, and clause 15.3 applies to work done up to that date. This clause does not limit clause 1.3.

8. Suspension of Work

8.1 If the Customer fails to make a payment when due or commits a substantial breach of this Agreement, Perth Pool Fencing may suspend work by giving 2 business days' written notice (email or SMS is enough), if the breach has not been fixed by then. Perth Pool Fencing may suspend work immediately, without notice, where continuing would be unsafe or unlawful (for example, an unsafe Site, no Pool Barrier around a filled pool, or a direction from an authority).

8.2 Work will resume within a reasonable time, at Perth Pool Fencing's next available date having regard to its existing bookings, after the breach is fixed or the overdue amount (plus any interest) is paid.

8.3 The Customer must pay Perth Pool Fencing's reasonable costs directly caused by a suspension under clause 8.1 that results from the Customer's breach (such as remobilisation and re-delivery), and Perth Pool Fencing is entitled to an extension of time for the period of the suspension.

9. Site Conditions

9.1 The Customer must ensure the Site is accessible (e.g. all furniture, pot plants, vehicles and stored items moved out of the way and clear access from roadside to the work areas and to the areas needed for deliveries, skip bins and parking) and safe for Perth Pool Fencing to carry out the Services.

9.2 If there are any pre-existing conditions or obstructions, the Customer must inform Perth Pool Fencing prior to commencement (see also clause 6.3). Perth Pool Fencing may photograph the Site before starting, to record its existing condition.

9.3 Underground services. Before digging or core-drilling, Perth Pool Fencing will obtain available records of public underground services for the fence line through Before You Dig Australia. Those records do not show private services. The Customer must mark out, or tell Perth Pool Fencing in writing where to find, any private services (including reticulation, pool plumbing and electrical cabling, garden lighting, gas lines, stormwater, soak wells and septic systems). Perth Pool Fencing is not liable for damage to a private service that was not marked or disclosed and that it could not reasonably have detected, unless the damage was caused by its failure to use due care and skill. Repairing such a service is a Variation.

9.4 Deliveries and heavy loads. The Customer must show or approve the locations for deliveries, skip bins and material set-down. Heavy vehicles, bins and materials can crack or mark driveways, paving, kerbs, verges, lawns and reticulation, and can overload weak walls or structures. Perth Pool Fencing will take reasonable care, but it is not liable for that kind of damage at a location shown or approved by the Customer unless the damage was caused by Perth Pool Fencing's failure to use due care and skill. The Customer must tell Perth Pool Fencing about any retaining wall, slab, septic tank, soak well or other structure near an access or set-down area that may not take the load.

9.5 Existing surfaces and core-drilling. Installing spigots, posts or brackets can mean core-drilling or fixing into existing concrete, pavers, tiles, coping or stone. Some of these (particularly older, brittle, hollow or poorly bedded surfaces) can crack, chip or come loose even when proper care is taken. Perth Pool Fencing will use proper methods and take reasonable care, and the Customer accepts the risk of damage of that kind that happens despite that care. Perth Pool Fencing is not responsible for matching surfaces that are discontinued or weathered, so the Customer should keep spare pavers or tiles.

9.6 The pool during the works. Drilling dust, cutting residue and debris may enter the pool. Perth Pool Fencing will take reasonable care to limit this and will leave the work area broom-clean, and the Customer is responsible for running the filtration and rebalancing the water after the works.

9.7 Boundaries and neighbours. The Customer is responsible for identifying the boundaries of the Site. Where the Services involve removing or replacing a fence, gate or wall on or near a boundary, or fixing to a neighbour's fence or wall, the Customer must first obtain the written consent of each owner of the neighbouring land (and settle any cost-sharing). Perth Pool Fencing is not responsible for boundary disputes, or for the condition of existing fences, walls and structures that it does not work on.

9.8 Reporting damage. If the Customer believes Perth Pool Fencing has damaged the Site or anything on it, the Customer must notify Perth Pool Fencing in writing (email or SMS is enough), with photos if possible, within 7 days of the damage occurring or of Practical Completion, whichever is earlier, and must give Perth Pool Fencing a reasonable opportunity to inspect the damage before it is repaired, altered or covered up. Where the Customer does not do so and Perth Pool Fencing is prejudiced as a result, this does not remove the Customer's rights under clause 1.3, but Perth Pool Fencing is not liable for the part of any loss caused by the delay or by the loss of the chance to inspect.

9.9 Condition of the Site before work starts. Perth Pool Fencing may photograph or video the Site, and in particular existing paving, coping, tiling, retaining, reticulation, lawn and fencing, before starting work, and will keep those records with the job. The Customer is encouraged to tell Perth Pool Fencing in writing of any existing damage before work starts, so that it can be recorded. Records made under this clause may be used as evidence of the condition of the Site on that date by either party. This clause does not change who bears the onus of proving a claim, and does not limit clause 1.3.

10. Work Health & Safety (WHS)

10.1 Perth Pool Fencing will comply with all applicable work health and safety laws, including the Work Health and Safety Act 2020 (WA), and take reasonable steps to ensure the safety of its workers and subcontractors.

10.2 The Customer must tell Perth Pool Fencing about any hazard it knows of on the Site (including suspected asbestos in old fences, sheds or eaves, unstable walls, dangerous animals and electrical hazards), keep children, pets and visitors away from the work area while work is under way, and not interfere with barricades, tools or equipment.

10.3 Perth Pool Fencing does not remove or dispose of asbestos-containing material unless the Quote says so. If suspected asbestos is found, work in that area will stop until it is dealt with by a licensed asbestos removalist (arranged by the Customer, or by Perth Pool Fencing as a Variation).

11. Completion and Final Certificate

11.1 Upon completion of the Services, Perth Pool Fencing will issue a notice of completion (which may be given by email or SMS, including with the final invoice).

11.2 The Customer must inspect the Services within 5 business days and either accept completion or notify Perth Pool Fencing in writing of any defects. If the Customer does not respond within that time, Practical Completion is taken to have occurred on the date of the notice. This does not affect clause 12 or the Customer's rights under clause 1.3.

11.3 A final invoice will be issued upon completion and is payable in accordance with the Schedule, and becomes payable on Practical Completion, including where Practical Completion is taken to have occurred under clause 11.2.

11.4 At handover, Perth Pool Fencing will show the Customer that the gate or gates self-close and self-latch, and will give the Customer the care and maintenance information for the products installed. If a building permit applies to the Services and Perth Pool Fencing is named as the builder, it will give the notice of completion to the permit authority within 7 days of completion.

12. Warranties and Defects

12.1 Perth Pool Fencing warrants the Services will be performed with due care and skill.

12.2 All warranties relating to workmanship provided by Perth Pool Fencing are for a period of 12 months from the date of Practical Completion (or any longer period stated in Item 10).

12.3 Perth Pool Fencing will remedy at its own cost and within a reasonable time any defects notified in writing during the defect liability period set out in Item 10 of the Schedule.

12.4 Perth Pool Fencing warrants that the Services will be carried out:

• (a) with due care and skill;
• (b) in accordance with all applicable laws and regulations; and
• (c) using materials that are fit for purpose and of acceptable quality.

12.5 The warranties in this clause do not apply to defects or damage caused or contributed to by:

• (a) fair wear and tear;
• (b) misuse or negligence by the Customer or any third party (other than Perth Pool Fencing's subcontractors);
• (c) failure to properly maintain the works in line with the care information given at handover;
• (d) use of the works for a purpose other than that intended or recommended by Perth Pool Fencing;
• (e) alterations or repairs made without Perth Pool Fencing's written approval;
• (f) events of force majeure, including but not limited to fire, flood, earthquake, storm, or other act of God;
• (g) corrosion, staining or pitting of metal fittings caused by pool or spa water chemistry, salt-water chlorinators, fertilisers, sprinklers or coastal exposure where the care information has not been followed;
• (h) ground movement, settlement, tree roots or changes in soil moisture not caused by the Services;
• (i) impact, vandalism or climbing;
• (j) items supplied by the Customer or others, and existing structures that Perth Pool Fencing did not build; or
• (k) adjustment of gate hinges, self-closers and latches needed after the defect liability period as normal maintenance.

12.6 Under this warranty, Perth Pool Fencing will, at its option, repair or re-perform the defective work or refund the part of the Price paid for it. This does not limit the Customer's rights under the ACL described in clause 12.8.

12.7 How to claim. To claim under this warranty, the Customer must notify Perth Pool Fencing in writing within the period in Item 10, describing the defect (with photos if possible), to: Perth Pool Fencing (Greenscape P&L Pty Ltd as trustee for the Greenscape Trading Trust), 17 Ackworth Crescent, Warwick WA 6024, phone 0497 701 834, email admin@ppfencing.com.au. Perth Pool Fencing will contact the Customer within 5 business days to arrange an inspection and, if the defect is covered, will fix it within a reasonable time at its own cost. The Customer must give reasonable access for inspection and repair. Perth Pool Fencing bears its own costs of honouring a valid claim, and the Customer bears its own costs of making a claim (such as phone calls and photos). The Customer should notify Perth Pool Fencing of a defect as soon as reasonably practicable after becoming aware of it, so that it can be inspected while the cause is still apparent. Nothing in this clause limits clause 1.3 or the time limits allowed by law.

12.8 Your rights under the Australian Consumer Law. The benefits given to the Customer by this warranty are in addition to other rights and remedies of the Customer under a law in relation to the goods and services to which the warranty relates.

Mandatory text (C&C Regulations 2010 r 90(4)), to be reproduced word for word:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

12.9 Manufacturer warranties. Manufacturer warranties on products (for example, glass, hardware and powder-coated aluminium), including any 10-year manufacturer's warranty referred to in the Quote, are given by the manufacturer on the manufacturer's terms. Perth Pool Fencing will provide those terms on request, pass the warranty on to the Customer, and help the Customer make a claim.

12.10 Opportunity to rectify. Before engaging another contractor to rectify work Perth Pool Fencing has done, the Customer must notify Perth Pool Fencing under clause 12.7 and give it a reasonable opportunity to inspect and, where the claim is valid, to rectify. Nothing in this clause limits clause 1.3, or the Customer's right to have a major failure remedied as the Australian Consumer Law allows.

12.11 Repairs and work on existing components. Where Perth Pool Fencing repairs, alters or adds to existing fencing, gates or barriers, this warranty covers the repair and any new parts Perth Pool Fencing supplies. Existing components that are re-used are not covered, and Perth Pool Fencing does not warrant their condition or how long they will last.

13. Risk and Insurance

13.1 Risk in the Services passes to the Customer on Practical Completion (or earlier termination). Materials delivered to the Site and left there before installation are at the Customer's risk of theft or damage by others while on the Site (the Customer should check its home and contents insurance), but not damage caused by Perth Pool Fencing.

13.2 Perth Pool Fencing must maintain public liability insurance as described in Item 11 of the Schedule and will give the Customer a copy of its certificate of currency on request.

13.3 Home indemnity insurance under Part 3A of the HBCA is not required where Item 18 of the Schedule says so. For example, it is not required for associated work alone, such as pool fencing or landscaping that is not done under a contract that includes building or renovating a home, or where no building permit is required. If home indemnity insurance is required, Perth Pool Fencing will take it out and give the Customer the certificate before asking for any payment.

13.4 The Customer should maintain home and contents insurance covering the Site and its structures during the Services. Nothing in this clause limits Perth Pool Fencing's liability for damage it causes by failing to use due care and skill.

13A Customer indemnity. The Customer indemnifies Perth Pool Fencing against loss, damage, cost and liability that Perth Pool Fencing suffers to the extent it is caused by: (a) the Customer's breach of this Agreement; (b) incorrect, incomplete or misleading information given by the Customer, including undisclosed underground services and the condition of existing structures; (c) work, materials or directions of the Customer or the Customer's other contractors; or (d) use of the Services or the Site in a way that is unsafe or contrary to this Agreement. This indemnity does not apply to the extent the loss is caused or contributed to by Perth Pool Fencing or its subcontractors, and it does not apply to a Customer who is a Consumer except to the extent the loss is caused by that Customer's own act, omission or breach. Nothing in this clause limits clause 1.3.

14. Dispute Resolution

14.1 If a difference or dispute (together called a 'dispute') between the parties arises in connection with the subject matter of this Agreement, including a dispute concerning a claim:

• (a) in tort;
• (b) under statute;
• (c) for restitution based on unjust enrichment or other quantum meruit; or
• (d) for rectification or frustration,
• (e) or like claim available under the law governing this Agreement,

then either party shall, by email to the address in the Schedule or the Quote, by hand or by post, give the other a written notice of dispute adequately identifying and providing details of the dispute.

14.2 Notwithstanding the existence of a dispute, the parties shall, subject to clause 14.5, continue to perform this Agreement.

14.3 Within 14 days after receiving a notice of dispute, the parties shall confer at least once to resolve the dispute or to agree on methods of doing so. At every such conference each party shall be represented by a person having authority to agree to such resolution or methods. All aspects of every such conference except the fact of occurrence shall be privileged.

14.4 If the dispute has not been resolved within 28 days of service of the notice of dispute, either party may refer it to mediation by a mediator agreed by the parties or, failing agreement within 10 business days, nominated by the Resolution Institute. Each party pays its own costs and the mediator's fees are shared equally. Neither party may start court or tribunal proceedings about the dispute (except under clause 14.5) until the mediation has ended or 60 days have passed since the notice of dispute, whichever is earlier.

14.5 Nothing in this clause prevents either party from: (a) starting proceedings to recover payment due under this Agreement or to seek urgent or injunctive relief; (b) making a complaint to the Building Commissioner (Building and Energy), including under the HBCA and the Building Services (Complaint Resolution and Administration) Act 2011 (WA); (c) contacting Consumer Protection WA; or (d) using adjudication under the Building and Construction Industry (Security of Payment) Act 2021 (WA) where it applies.

14.6 For information: a complaint to the Building Commissioner about building work not being carried out in a proper and proficient manner, or being faulty or unsatisfactory, must generally be made within 6 years after the work is completed, and a complaint about a breach of an HBCA Contract within 3 years after the cause of action arose.

15. Termination

15.1 Perth Pool Fencing may terminate this Agreement by written notice to the Customer if the Customer commits a substantial breach of this Agreement and fails to remedy that breach within 5 business days of receiving written notice requiring it to do so.

15.2 For the purposes of clause 15.1, a "substantial breach" includes (without limitation):

• (a) failure to make any payment by the due date;
• (b) failure to provide access to the Site or otherwise preventing performance of the Services;
• (c) provision of inaccurate or misleading information material to the performance of the Services;
• (d) failure to comply with any material obligation under this Agreement;
• (e) to the extent the law allows, if the Customer becomes insolvent, is declared bankrupt, enters into administration or liquidation, or a receiver or manager is appointed.

15.3 Upon termination under this clause or clause 5.4, Perth Pool Fencing is entitled to payment for all work performed to the date of termination, including the cost of materials ordered for the job that cannot reasonably be cancelled or returned (including made-to-measure glass and powder-coated panels, which become the Customer's property once paid for), reasonable demobilisation costs, reasonable cancellation and administration costs actually incurred, and any other loss Perth Pool Fencing is entitled to recover at law, less amounts already paid.

15.4 The Customer may terminate this Agreement by written notice if Perth Pool Fencing commits a substantial breach and fails to remedy it within 10 business days of receiving written notice requiring it to do so. This is in addition to the Customer's rights under the ACL and the HBCA (including HBCA sections 4(5), 10(4) and 19).

15.5 Cancellation by the Customer. If the Customer cancels before the Services are complete for a reason other than Perth Pool Fencing's breach, the Customer must pay: (a) the value of work done; (b) the cost of materials ordered for the job that cannot reasonably be cancelled or returned, and any supplier restocking or cancellation fee; and (c) the cancellation fee in Item 8, which covers quoting, measuring, scheduling and administration costs already incurred. Perth Pool Fencing may deduct these amounts from the deposit and will refund any balance within 10 business days. If they are more than the deposit, the Customer must pay the difference within 7 days of invoice.

16. Intellectual Property

16.1 All intellectual property created by Perth Pool Fencing remains the property of Perth Pool Fencing unless otherwise agreed. The Customer may use Perth Pool Fencing's drawings and designs only for the Services under this Agreement, and must not give them to another contractor to build from without Perth Pool Fencing's written consent (which may be given on payment of a reasonable design fee).

17. Promotional Use

17.1 The Customer agrees to Perth Pool Fencing taking photographs of completed work and using them for marketing purposes, provided the photographs do not show people, the street number or anything that identifies the Customer without the Customer's consent. The Customer may withdraw this permission for future use by notice given before Practical Completion.

18. Goods and Services Tax (GST)

18.1 The Price and all other amounts in the Quote include GST, unless expressly stated to exclude GST.

18.2 If an amount is stated to exclude GST and a party (the Supplier) makes a taxable supply under this Agreement, the party liable to pay for the supply (the Recipient) must also pay the Supplier an amount equal to the GST payable on that supply, in addition to any consideration otherwise payable.

18.3 The additional amount under clause 18.2 is payable at the same time as the consideration for the supply to which it relates, subject to the Supplier providing a valid tax invoice.

19. Personal Property Securities Act (PPSA)

19.1 If Perth Pool Fencing supplies goods or materials as part of the Services, ownership of those goods and materials remains with Perth Pool Fencing until full payment is received.

19.2 The Customer acknowledges that this Agreement constitutes a security agreement under the Personal Property Securities Act 2009 (Cth) (PPSA) and that Perth Pool Fencing may register a security interest on the Personal Property Securities Register in respect of any goods or materials supplied.

19.3 The Customer must do all things reasonably required by Perth Pool Fencing to ensure that any security interest is enforceable and perfected.

19.4 If the goods are not used predominantly for personal, domestic or household purposes, then, to the extent section 115 of the PPSA permits, the Customer waives its right to receive any notices or information under the PPSA.

19.5 The Customer must pay Perth Pool Fencing's reasonable costs of registering, maintaining and enforcing a security interest under the PPSA, including reasonable costs of recovering goods to which Perth Pool Fencing has retained title under clause 21.

20. Security of Payment (WA)

20.1 This clause applies if the Services are subject to the Building and Construction Industry (Security of Payment) Act 2021 (WA) (the Act). The Act does not apply to a contract for home building work where the Customer is an individual, the work is not for multiple dwellings or a residential development business, and the contract value does not exceed $500,000 (section 10(1) of the Act). In practice this clause applies to commercial, strata, builder and developer customers.

20.2 Perth Pool Fencing may issue payment claims under the Act in respect of work performed or related goods and services supplied under this Agreement.

20.3 The Customer must respond to any payment claim with a payment schedule within the time required by the Act. If the Customer fails to do so, it may become liable to pay the claimed amount in full.

20.4 If a payment dispute arises, either party may refer the matter for adjudication in accordance with the Act.

20.5 This clause does not limit Perth Pool Fencing's rights under any other provision of this Agreement or at law.

21. Title and Risk

21.1 Title to any materials or goods supplied by Perth Pool Fencing does not pass to the Customer until full payment has been received.

21.2 Until title passes, the Customer must not sell, remove or otherwise deal with unfixed materials delivered to the Site, and must keep them secure and identifiable as the property of Perth Pool Fencing.

21.3 Title to goods supplied under this Agreement does not pass to the Customer until Perth Pool Fencing has been paid in full for them. Until then the Customer holds them as bailee, must keep them separately identifiable so far as practicable, and must not sell, encumber or part with possession of them.

21.4 Where an amount is overdue and goods supplied by Perth Pool Fencing have not yet been fixed to the Site, Perth Pool Fencing may, on giving the Customer at least 2 business days' written notice and at a reasonable time, enter the Site with the Customer's co-operation to recover those goods, doing as little damage as reasonably possible and making good any damage it causes in doing so. Perth Pool Fencing will credit the Customer with the value of goods recovered. This clause does not apply to goods that have become fixtures, and does not limit clause 1.3.

22. Engineering, Design and Approvals

22.1 Perth Pool Fencing is responsible for the design and installation of the Pool Barrier or fencing it supplies under the Quote, so that at Practical Completion the parts it installs comply with the applicable building standards (including AS 1926.1-2012 as modified by the Building Regulations 2012 (WA)) and with the product's engineering, footing and glass specifications. The Customer is responsible for: (a) any design, drawings or specifications it provides or instructs Perth Pool Fencing to follow; (b) the pool itself, and any structure or element that is not part of the Services (including house walls, windows, doors, existing fences, boundary fences, retaining walls and balustrades), and its compliance, unless the Quote says Perth Pool Fencing will make it compliant; and (c) any engineering or certification required for elements outside the Services.

22.2 Perth Pool Fencing will tell the Customer if it believes an existing element that forms part of the Pool Barrier (for example, a boundary fence, a house wall with a door or window, or a climbable object) will not comply, but it does not inspect or certify the whole Pool Barrier unless the Quote says so. Perth Pool Fencing may refuse to install anything that it believes would result in a non-compliant or unsafe Pool Barrier, and it will not do so at the Customer's request.

23. Damage or Delay by Customer's Contractors

23.1 The Customer is responsible for any damage to the Services or delay in the provision of the Services caused by the Customer's contractors or other parties engaged by the Customer.

23.2 Perth Pool Fencing is entitled to claim an extension of time and/or reasonable compensation for any loss incurred as a result of such damage or delay.

23.3 This includes damage to the Services caused after installation by pool builders, landscapers, pavers, tilers, electricians or others (for example, pavers laid hard against glass, soil or garden beds built up against the barrier, or panels struck by machinery).

24. Application of Legislation

24.1 The parties acknowledge that pool fencing, landscaping, paving, retaining walls, pergolas, decking and similar work at a home can be "home building work" (as "associated work") under the HBCA. If the Price is more than $7,500 and less than $500,000 and the other conditions in section 3(1) of the HBCA are met, this Agreement is an HBCA Contract and the HBCA applies to it. Item 15 of the Schedule records whether Perth Pool Fencing considers this Agreement to be an HBCA Contract, but the law decides.

24.2 Where this Agreement is an HBCA Contract, the HBCA prevails over any inconsistent term of this Agreement, and any such term is read down as far as necessary to comply with it.

24.3 Nothing in this clause prevents either party from complying with any other applicable laws or regulatory requirements.

25. Compliance with Laws and Standards

25.1 Perth Pool Fencing will carry out the Works in accordance with applicable laws and regulations in force at the time of construction, including the Building Act 2011 (WA), the Building Regulations 2012 (WA), and, where applicable, AS 1926.1-2012 Swimming pool safety, Part 1: Safety barriers for swimming pools, as modified by regulation 15B of the Building Regulations 2012.

25.2 Perth Pool Fencing is not liable for any changes in the law or standards that occur after the date of this Agreement (a change in the law before completion that requires a change to the Services will be dealt with as a Variation under clause 5), or for any compliance issues arising from site conditions the Customer did not disclose, inaccurate information supplied by the Customer, or modifications made by others after completion of the Works.

26. Permits and Approvals

26.1 Since 21 June 2024 most pool fences in Western Australia do not need a building permit. A building permit is still generally needed where the pool fence also acts as a balustrade where people could fall 1 metre or more, is masonry over 0.75 m high or another material over 1.8 m high, or is in wind region C or D, unless it complies with a relevant local government local law (Building Regulations 2012 Schedule 4 clause 2 item 4). The pool itself always needs a building permit. Item 16 of the Schedule records whether a permit is needed for the Services and who will obtain it.

26.2 Where Item 16 says Perth Pool Fencing will obtain the permit, it will prepare and lodge the application (including obtaining any certificate of design compliance) and be named as the builder, and the permit and building surveyor fees are included in the Price only if the Quote says so. Otherwise the Customer is responsible for obtaining any required permit, approval or certification (including for the pool itself), and Perth Pool Fencing may assist as the Customer's agent if agreed in writing but makes no warranty or representation that any permit will be issued.

26.3 The Customer confirms that it has told Perth Pool Fencing whether the pool and any related structure on the Site has a building permit. Perth Pool Fencing is not responsible for the permit status or compliance of the pool or of any work outside the Services, or for the cost of any retrospective approval of work done by others.

26.4 Where no building permit is in effect for the Services, the owner of the Site is the "person responsible" for the work under Part 6 of the Building Act 2011 (WA). That includes getting neighbours' consent before a boundary fence is removed and putting up a temporary barrier where one is needed. The Customer must do those things, or arrange for Perth Pool Fencing to do them as a Variation. Where Perth Pool Fencing is named as the builder on a permit, it is the person responsible.

27. Customer Acknowledgements and the Pool Owner's Continuing Obligations

27.1 The Customer acknowledges that:

• (a) pool safety barrier laws may change over time;
• (b) each owner and occupier of premises with a private swimming pool containing water more than 300 mm deep must make sure a compliant Pool Barrier is installed or provided around the pool, and after Practical Completion keeping the Pool Barrier compliant and maintained is the Customer's responsibility;
• (c) local authorities must arrange inspections of the Pool Barrier at intervals of no more than 4 years (and may charge for them), and Perth Pool Fencing is not liable for the outcome of an inspection that results from anything in clause 27.1(d) or (e) or 27.2;
• (d) the Customer must keep gates closed and never propped open; keep gate hinges, self-closing devices and latches adjusted and working; keep the non-climbable zones that AS 1926.1 requires around the barrier (which, for a boundary fence, can extend onto the neighbour's side) clear of climbable objects such as pot plants, furniture, barbecues, pool equipment, bins, trees and branches; and not raise ground or paving levels next to the barrier; and
• (e) later work by others, including landscaping, paving, retaining walls, garden beds, new structures, a neighbour's changes on their side of a boundary fence, or tree growth, can make the Pool Barrier non-compliant.

27.2 Perth Pool Fencing is not liable for any non-compliance resulting from subsequent landscaping, construction, or site alterations after the completion date, or from any matter in clause 27.1(d) or (e), or from the Customer's failure to maintain the Pool Barrier.

27.3 Temporary barrier during the works. While any part of an existing Pool Barrier is removed for the Services, a compliant temporary barrier must be in place. Unless Item 17 of the Schedule says Perth Pool Fencing will supply temporary fencing, the Customer is responsible for this and for keeping children and pets away from the pool until the new barrier is complete and the gate self-closes and self-latches. Perth Pool Fencing will not leave the Site at the end of a work day with an opening in the barrier around a filled pool unless a temporary barrier is in place.

27.4 What Perth Pool Fencing is responsible for. Perth Pool Fencing is responsible for the part of the Pool Barrier it supplies and installs under this Agreement, and warrants that that part complies with the applicable Australian Standard and the Building Regulations as at Practical Completion. A pool barrier is a whole system that also includes other boundaries, walls, gates, windows, doors, and the non-climbable zone around it. Perth Pool Fencing is not responsible for the compliance of any part of the barrier it did not supply and install, including an existing barrier it repairs, alters or adds to (see clause 12.11), or for anything placed, grown, built, altered or left near the barrier after Practical Completion (including pot plants, furniture, bins, toys, trees, retaining walls, air-conditioning units, pergolas and stored materials) that creates a climbable point or otherwise makes the barrier non-compliant. Where the Quote includes a compliance inspection of the whole barrier, that inspection reports on the barrier as it stood on the day of inspection only.

27.5 The council inspection. Since 21 June 2024 most pool safety barriers do not need a building permit, and the local government must instead inspect the pool within 30 days of installation. If the local government notifies the Customer of any non-compliance, the Customer must give Perth Pool Fencing a copy of that notice within 7 days of receiving it. Where the non-compliance relates to the part of the barrier Perth Pool Fencing supplied and installed, Perth Pool Fencing will rectify it at its own cost and as soon as reasonably practicable. Where it relates to any other part of the barrier or to clause 27.4, rectification is a Variation.

27.6 Evidence at completion. At Practical Completion Perth Pool Fencing will demonstrate that each gate it installed self-closes and self-latches from any position, and may make a dated photographic or video record of the completed work and of that demonstration. Those records are kept with the job and may be used by either party as evidence of the condition and compliance of Perth Pool Fencing's work on that date. This clause does not change who bears the onus of proving a claim, and does not limit clause 1.3.

28. Contract Price and Excluded Items

28.1 The Price excludes the cost of building permits, applications, building surveyor certification or inspection fees unless the Quote says they are included. Any such items required during the course of the Works shall constitute a variation.

28.2 Unless the Quote says otherwise, the Price also excludes: removal and disposal of existing fencing or structures (and any asbestos); breaking out or core-drilling rock, limestone caprock or concrete beyond what the Quote allows; relocating underground services; engineering or certification for elements outside the Services; temporary fencing; making good existing surfaces beyond clause 9.5; and council, verge or road-use permits.

28.3 Any prime cost item or provisional sum in the Quote is Perth Pool Fencing's genuine estimate and is not understated.

29. Limitation of Liability

29.1 If the Customer is not a Consumer, then, subject to clause 1.3 and to the extent the law allows, Perth Pool Fencing's liability for any breach of this Agreement (including any implied warranties or obligations) is limited to re-performing the affected portion of the Works or refunding the applicable portion of the Price, at Perth Pool Fencing's election, and in any case its total liability arising out of or in connection with this Agreement is limited to the amount in Item 12 of the Schedule.

29.2 If the Customer is a Consumer, Perth Pool Fencing's liability is not limited except as the ACL allows. Perth Pool Fencing is not liable for loss that was not reasonably foreseeable, or to the extent a loss is caused or contributed to by the Customer or the Customer's contractors.

29.3 Subject to clause 1.3, and where the Customer is not a Consumer, Perth Pool Fencing is not liable for loss of profit, loss of revenue, loss of use, loss of opportunity, loss of production, loss of anticipated savings, loss of data, loss of goodwill or reputation, costs of delay to other trades or works, liquidated damages payable by the Customer to a third party, or any other indirect or consequential loss, however arising, whether in contract, tort (including negligence), statute or otherwise.

29.4 Perth Pool Fencing is not responsible for any delay, refusal, or failure by any local government authority to inspect, approve, or certify the Works (other than a delay caused by Perth Pool Fencing).

29.5 Aggregate cap. Subject to clause 1.3, and where the Customer is not a Consumer, Perth Pool Fencing's total aggregate liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), statute or otherwise, is limited to the amount stated in Item 12 of the Schedule. This clause does not apply to a Customer who is a Consumer, and does not limit any liability that cannot be limited at law, including liability for death or personal injury caused by Perth Pool Fencing's negligence.

30. General

30.1 Entire Agreement

This Agreement constitutes the sole and entire agreement between the parties and a warranty, representation, guarantee or other term or condition of any nature not contained or recorded in this Agreement is of no force or effect, but nothing in this clause limits clause 1.3 or any liability for misleading or deceptive conduct.

30.2 Amendment

No variation or waiver of, or any consent to any departure by a party from, a provision of this Agreement is of any force or effect unless it is confirmed in writing signed by the parties (an electronic signature is enough, and Variations are dealt with under clause 5) and then that variation, waiver or consent is effective only to the extent for which it is made or given.

30.3 No Reliance

The parties warrant that they have made their own enquiries in respect of the matters contained in this Agreement. If the Customer is not a Consumer, it does not rely on any representation by any party or any other person whatsoever that is not set out in this Agreement.

30.4 No Merger

Nothing in this Agreement merges, extinguishes, postpones, lessens or otherwise prejudicially affects any right, power or remedy that a party may have against another party or any other person at any time. No provision of this Agreement which requires action by a party after completion shall merge on completion.

30.5 Waiver

The failure, delay, relaxation or indulgence on the part of any party in exercising any power or right conferred upon that party by this Agreement does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under this Agreement. (In plain terms: if a party does not enforce a right straight away, it has not given that right up.)

30.6 Severance

If any provision of this Agreement is invalid and not enforceable in accordance with its terms, or is void or unfair under the ACL or the HBCA, it is severed or read down and other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.

30.7 Further Assurance

Each party must do, sign, execute and deliver all agreements, documents, instruments and acts reasonably required of it or them by notice from another party effectively to carry out and give full effect to this Agreement. This clause does not mean a signature is needed for this Agreement to be binding where clause 2.2(a) applies.

30.8 Counterparts & Execution

This Agreement may be executed by any number of counterparts and all of those counterparts taken together constitute one and the same instrument.

This Agreement may be signed electronically, including by acceptance through Perth Pool Fencing's online quote system, by email or on an e-signing platform, and each party consents to that method for the purposes of the Electronic Transactions Act 2011 (WA). An electronically signed copy is as valid and binding as an original.

30.9 Remedies Cumulative

The rights, powers and remedies provided in this Agreement are cumulative with and not exclusive of any other rights, powers or remedies provided by law.

30.10 Confidentiality

Each party must keep confidential the other party's personal and business information that it receives under this Agreement, except where disclosure is needed to perform this Agreement, is required by law or a regulator, or is made to obtain professional advice. Nothing in this clause stops the Customer from making a complaint to a regulator, seeking advice, or posting an honest review of Perth Pool Fencing's work, or stops Perth Pool Fencing from using photographs under clause 17.

30.11 Governing law and jurisdiction

This Agreement is governed by, and is to be construed in accordance with, the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the courts and tribunals of Western Australia and any court hearing appeals from those courts.

30.12 Relationship of the parties

Nothing in this Agreement will constitute or be construed to constitute a party as the partner, agent, employee or representative of any other party or to create any trust relationship between them.

30.13 Binds heirs, assignment and subcontracting

This Agreement binds the Customer and its heirs, assignees, transferees and successors. Neither party may assign this Agreement without the other's consent (not to be unreasonably withheld). Perth Pool Fencing may subcontract any part of the Services but remains responsible for its subcontractors.

30.14 Notices

Notices may be given by email or SMS to the details in the Schedule or the Quote, by hand, or by post. An email or SMS is received when it is sent, unless the sender receives an error message.

30.15 Privacy

Perth Pool Fencing handles personal information in line with its privacy policy published at ppfencing.com.au.

30.16 Online publication and incorporation

This Agreement is published at ppfencing.com.au. By accepting a Quote that refers to this Agreement, the Customer agrees that this Agreement is incorporated into and forms part of the contract between the parties. Perth Pool Fencing may update this Agreement from time to time for future work; the version that applies to a job is the version published, or given to the Customer, when the Customer accepted the Quote, and no change to this Agreement affects a job already accepted. A copy of the applicable version is available on request.

Schedule

Item	Description
1. Perth Pool Fencing Details	Greenscape P&L Pty Ltd (ACN 630 587 218) as the Trustee for Greenscape Trading Trust (ABN 96 620 574 428) trading as "Perth Pool Fencing". Address: 17 Ackworth Crescent, Warwick WA 6024 Phone: 0497 701 834 Email: admin@ppfencing.com.au Building contractor registration: not required for the Services (pool barriers and incidental structures are excluded from “builder work” under the Building Services (Registration) Regulations 2011)
2. Customer Contact details	As per the name, address, phone and email on the Quote (the Customer must be the owner of the Site or have the owner's written authority)
3. Description of Services	Fencing and Landscaping as described in the Quote, including its drawings, inclusions and exclusions
4. Site Address	As per the Quote
5. Commencement Date	As set out in your Quote — estimated in weeks after the latest of (a) acceptance (and, for an HBCA Contract, signing) and payment of the deposit, (b) any required permit being issued, and (c) the Site being ready. Perth Pool Fencing will confirm the date in writing.
6. Timeframe for Completion	As set out in your Quote — estimated working days on Site, plus any extension of time under clause 7.2
7. Price and Basis (e.g., fixed, hourly, per sqm)	As per the Quote (a fixed price including GST, unless the Quote states another basis)
8. Deposit and Payment Terms	HBCA Contract: deposit of no more than 6.5% of the Price, payable on signing; then progress payments only for work performed or materials supplied, as set out in the Quote's payment schedule (typically: a percentage on delivery of materials to Site, a percentage on installation of posts, spigots or footings, and the balance on Practical Completion — the exact percentages are set out in your Quote). All other contracts (including any contract with a Price of $7,500 or less): a deposit of 50% of the Price on acceptance, and the balance of 50% on Practical Completion. Perth Pool Fencing orders the Customer's made-to-measure materials once the deposit is received (clause 4.2A). Where the Quote states a different deposit or stage payments, the Quote applies. Payment Terms: All invoices are due and payable within seven (7) days of issue. Cancellation fee (clause 15.5): as stated in your Quote Wasted-attendance fee (clause 7.4): as stated in your Quote Minimum charge for attending: as stated in your Quote
9. Interest on Late Payment	10% per annum, simple interest, calculated daily
10. Defect Liability Period	12 months from Practical Completion (for an HBCA Contract, never less than the 4 months required by section 11 of the HBCA)
11. Public Liability Insurance Details	Perth Pool Fencing holds public liability insurance. The insurer and the amount of cover are shown on our current certificate of currency, which is available on request.
12. Limitation of Liability	Customer that is not a Consumer: the Price. Consumer: no limit beyond what the ACL allows (clause 29.2).
13. Dispute Resolution Jurisdiction	Western Australia
14. Special Conditions: (The parties agree to the following additional special conditions)	SC1 Perth Pool Fencing is not liable for any Council or Government Safety Requirements not adhered to in the design or construction of works that are outside the Services, or that were designed or specified by the Customer or others against Perth Pool Fencing's written advice (see clauses 22 and 26). SC2 Perth Pool Fencing is not liable for any damage occurring in, around, under or above the job site, except to the extent caused by Perth Pool Fencing or its subcontractors failing to use due care and skill, or otherwise breaching this Agreement or the law (see clauses 9.3 to 9.5). SC3 Any job-specific special conditions are set out in your Quote.
15. HBCA status	HBCA Contract (ticked in your Quote where it applies): home building work (including associated work) at a dwelling, with a Price over $7,500 and under $500,000. Notice for the Home Owner given on the date recorded in your Quote. □ Not an HBCA Contract because: □ Price $7,500 or less □ Price $500,000 or more □ not work at or in connection with a dwelling □ Perth Pool Fencing is a subcontractor to another builder**
16. Building permit	□ Not required (Building Regulations 2012 Sch 4 cl 2 item 4) □ Required, obtained by □ Perth Pool Fencing (named as builder) □ the Customer Permit and certification fees: □ included in the Price □ excluded
17. Temporary pool barrier during the works	Supplied by Perth Pool Fencing (priced in your Quote, where selected) □ Customer's responsibility (clause 27.3) □ Not needed (no part of an existing barrier will be removed while the pool holds water)
18. Home indemnity insurance	□ Not required: the Services are associated work only (not under a contract that includes building or renovating a home), or no building permit is required, or the cost is $20,000 or less □ Required: certificate given to the Customer before any payment is requested

SIGNING PAGE (must be signed by both parties for an HBCA Contract. For other contracts, acceptance under clause 2.2(a) is enough.)

Signed for Perth Pool Fencing (Greenscape P&L Pty Ltd ACN 630 587 218 as trustee for the Greenscape Trading Trust) by its authorised officer:

Name: ______________________ Position: ______________________

Signature: ______________________ Date: ______________

Signed by the Customer (every owner of the Site should sign):

Name: ______________________ Signature: ______________________ Date: ______________

Name: ______________________ Signature: ______________________ Date: ______________

HBCA Contracts only: I/we acknowledge that BEFORE signing this Agreement I/we received the Notice for the Home Owner (Appendix A). Customer initials: ________ Date received: ______________

APPENDIX A: NOTICE FOR THE HOME OWNER (HBCA Contracts only)

Attach the current prescribed form: "Notice for the Home Owner", Home Building Contracts Regulations 1992 (WA) Schedule 1, as last amended by SL 2025/144. Download it from legislation.wa.gov.au or Building and Energy. Do not summarise or re-type it. The prescribed form itself must be given to the owner BEFORE the owner signs.

APPENDIX B: SHORT FORM TERMS (jobs of $7,500 or less)

PERTH POOL FENCING — SHORT FORM TERMS (jobs of $7,500 or less)

This job is carried out on Perth Pool Fencing's standard Customer Agreement, which is available at ppfencing.com.au and forms part of this Quote. The points below are a summary, not a replacement.

1. Price and scope. The Price covers only what this Quote lists. Anything else is a variation, agreed by email or SMS before the extra work is done.

2. Payment. 50% deposit on acceptance — we order your made-to-measure materials with it — and 50% on completion. Invoices are due within 7 days.

3. If you cancel. You pay for the work done, any custom materials already ordered (they cannot be resold), and an administration fee stated in your Quote. Everything else is refunded.

4. Your site. Please mark any private underground services (reticulation, pool plumbing, electrical, gas). We check public services free through Before You Dig Australia. Core-drilling into existing paving, tiles or coping can crack brittle or poorly bedded surfaces even when done properly — keep spare pavers if you have them.

5. What we are responsible for. The part of the pool barrier we install. A pool barrier is a whole system — other boundaries, walls, windows, doors and the non-climbable zone around it are the owner's responsibility, as is anything placed near the fence afterwards (pot plants, furniture, bins, trees).

6. The council inspection. Your local government must inspect the pool within 30 days of installation. If they find anything non-compliant in the part we installed, send us the notice within 7 days and we will fix it free.

7. Warranty. 12 months on our workmanship, plus the manufacturer's warranty on products, plus your rights under the Australian Consumer Law, which cannot be excluded.

8. While we work. If part of your existing barrier comes out and the pool holds water, a temporary barrier is required. Tell us if you want us to supply one.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Perth Pool Fencing is a trading name of Greenscape P&L Pty Ltd (ACN 630 587 218) as trustee for the Greenscape Trading Trust (ABN 96 620 574 428). 17 Ackworth Crescent, Warwick WA 6024. Download as PDF