The Guide to Better Fencing

INTRODUCTION

Why use an MFA Member?

* The Master Fencers' Association is a self regulating industry body that strives to increase standards within the fencing industry.
* Members of the group, which was formed about 40 years ago, are committed to producing quality work and before being admitted to the group they must agree to abide by the strict CODE OF ETHICS and INDUSTRY STANDARDS OF CONDUCT.
* The MFA has a strong commitment to ensuring that its members conduct their business honestly, fairly and in a lawful manner.
* Members who breach these principles run the risk of having their membership withdrawn.
* MFA members are proud of their professionalism and offer a twelve-month guarantee on their work.
* The group is also recognized by the Office of Fair Trading and the following information aims to inform you of your rights and obligations when using an MFA Member.

CONTRACT

We recommend that fencing work should not commence until a contract is signed by all parties and the specified deposit is paid. The parties should understand and be made aware of the terms and conditions of the contract.

a. The client, where the fencing contract is a door-to-door sale within the meaning of the Consumer Affairs Act 1972, has the right in accordance with the provisions of that Act to cancel the contract. The Contractor will provide a notice with the contract where this applies, explaining the Clients rights.

b. The Contractor has the right to amend his quotation if not accepted within 30 days.

c. It is not practicable for any contractor to give a commencement date of any contract. A fencing contractor may be able to give an approximate date of commencement. This will vary depending upon weather conditions, availability of power, materials etc.

d. Works that require a Council permit and exceed $5000 require the contractor to be registered with the Building Practitioners Board.

e. All MFA members use a standard MFA approved contract. All references in this brochure to "the contract" refers to the MFA standard contract.

CONTRACT VARIATIONS

The contract may be varied by additional work or by omissions from the works. All variations would be in writing and signed by all parties. There is no reduction in cost for low fences or low panels of fencing.

GUARANTEE

All fencing erected under the Contract is guaranteed by the Contractor for 12 months from the date of erection against defects in materials and workmanship. Complaints (if any) must be lodged in writing to the contractor in the first instance within seven days of the problem first appearing, then, if necessary, with the MFA, PO Box 97, Blackburn 3130.

The Contractor reserves the right to repair, replace and make good any materials and labour required to fulfil this guarantee.

WARNING Because of the need for the material to dry evenly, domestic paling fences must not be stained within 90 days of construction. When stained, it must be done on both sides.

Failure to comply with these recommendations will void the guarantee.

NOTICE TO FENCE

The MFA Contractor, for a fee, may, at the request of the client, serve a Fencing Notice on the adjoining occupier. However, unless otherwise agreed, the Contractor does not bear any responsibility for failure of the adjoining occupier to comply with a Fencing Notice or the provisions of the Fences Act 1968, and if the adjoining occupier fails to make payment, the total cost continues to be the responsibility of the Client. If there is a dispute between adjoining occupiers in relation to fence, see paragraph [below] on "DISPUTE RESOLUTION".

PERMITS

It is the Client's responsibility to obtain council or planning permit and engineering computations for all works requiring such ie: street boundary fences over 1.2 metres high, any soil retaining work on all boundaries and boundary fences over 2 metres high. For a fee some MFA members may arrange for all necessary permits.

BOUNDARIES & POSITION OF FENCES

It is the Client's responsibility to provide the correct location of the boundary and fence line, to indicate the position of the survey pegs and to supply a plan of the site to assist in the location of the fence line. The Client(s) are responsible to pay all costs if a check survey is to be undertaken by a licensed land surveyor. It is recommended that this be done prior to the fence being erected. In the event of a dispute arising over a fence line which has or has not been surveyed, the Client(s) will be held responsible for the position of the fence and or any associated costs. In any event, the Client(s) shall continue to be responsible for the position of the fence and any claims arising therefrom.
1. On front boundaries the whole of the fence shall be behind the centre line of the survey pegs that define the title boundary. 2. On side and rear paling fences, the junction between the rail and first layer of palings shall be over the centre of the survey pegs, subject to variances permissible under the Fencing Act.
The fence shall be constructed with the side the posts are on being at the discretion of the erector unless otherwise stated in contract.

GROUND LEVELS

Fencing is usually built to the contours of the ground and it is not always level at the top. Fence height may vary in relation to undulations of the land and gaps may appear under the plinth board. All heights will be measured from the bottom of the fence to the top of the fence. When authorized by and at an additional cost to the Client, the fencing contractor will fill in the gaps under the bottom of the fence.

SITE

Unless otherwise provided for in the quotation, the Client shall clear the fence line of all trees, stumps, old fences, buildings, hedges, paving or any other obstructions and shall provide a minimum of 610mm (2 feet) or working space, clear of any obstructions, on the paling side. Where new posts are to be fitted in an existing concrete driveway, any repairs to the concrete are the responsibility of the Owner.
Additional costs will be incurred by the client for underground obstructions, at which point a variation to contract should be signed.

UNDERGROUND SERVICES

Remember DIAL BEFORE YOU DIG - For information call 1100.
The Client shall identify electrical and telephone cables, water and gas service pipes, stormwater, sewerage and drainage pipes, and similar obstructions, and shall indemnify the Contractor, its servants or agents, against any claims or demands made by any person or authority in respect of any damage which may be caused thereto by the Contractor, its servants or agents, in the course of the works if such location and notification to the Contractor has not been made or has not been accurately made.
For more information call service difficulties and faults - 1100

ELECTRICITY & WATER SUPPLY

The Client shall provide, at no cost to the Contractor, electricity and water necessary for the purpose of construction.
In the event that power and water are not provided any extra costs incurred by the Contractor including generator hire, cartage, loss of time or additional labour may be charged to, and payable by the Client.

SITE CLEAN-UP

Unless otherwise stated in the contract, the Fencing Contractor does not allow for the gathering or disposal of any removed fencing, off cuts, package straps, cement bags or other debris during or after completion of fencing work.

DISPUTE RESOLUTION

The Dispute Settlement Centre of Victoria (Dept. of Justice) provides a dispute advisory and mediation service to help people settle disputes with their neighbours. They can be contacted on (03) 9603 8370 or 1800 658 528 (country callers only).
MFA can assist in resolving problems between Fencer and the Occupier(s). Fees apply for this service.
For further information on service, telephone (03) 9877 4736.

DEPOSITS

A deposit is usually required by the Fencer before any work is commenced.

ACCOUNTS

All accounts are to be paid on completion or as otherwise agreed. Unpaid accounts may attract interest at the rate shown on the contract.

10 HANDY HINTS WHEN CONSIDERING A NEW FENCE

1. Talk to your neighbour. Once you've all agreed to replace the fence, mutually agree on want to have done. If agreement cannot be reached, contact the DSCV on the number provided.
2. Find out how much you can get done within your budget.
3. Contact the Master Fencers' Association (MFA) on 9877 4736 for referral to a reputable, reliable and professional fencing contractor in your area - or just look for the logo!
4. Be aware that it's not uncommon for fencing companies to charge a quoting fee, refunded with acceptance of quote.
5. When comparing quotes, make sure you're not comparing apples with oranges. Are you being quoted on the same level of service or quality of materials? Make necessary allowances for such differences.
6. All jobs require a contract. A quotation becomes a contract when it is signed by relevant parties.
7. Now you've made the final decision, contact the MFA member of your choice.
8. Remember, it's your job to provide the fencing contractor with accurate plans of the property boundary, and the location of underground services.
9. Don't be afraid to ask questions - make sure you understand what you're being quoted for.
10. Now that you've engaged your MFA member, RELAX -The job's as good as done!

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