Terms of Service

1. GENERAL

• Delivery dates are estimates unless a fixed date for the transactions has been expressly agreed in writing, and may vary depending on the courier/transport company.
• Delivery delays will occur during peak holiday periods. We strongly advise that customers may experience delays in the shipment of their orders.
• The estimated delivery date depends on your delivery address and is calculated from the time you receive confirmation that your order has been shipped and not from the time your order was placed.
• ProFence Victoria is not responsible for customer’s engagement with third party labour hire additional costs based on estimated time of arrival for orders.
• It is the responsibility of the customer to check that the delivery address provided and listed on the ProFence Victoria invoice under “Ship To:” is the correct address.
• If an order requires machinery such as a forklift, crane truck, tilt truck, scissor lift etc., for the purposes of delivery and/or installation, the cost and responsibility of obtaining such machinery is incurred by the customer alone.
• ProFence Victoria is not responsible for organising machinery such as a forklift, crane truck, tilt truck, scissor lift etc. on behalf of the customer unless specifically requested by the customer and such expense will be invoiced to the customer by ProFence Victoria.
• Shipment is at the risk of the customer on principle. We are under no obligation whatsoever to insure the goods. If the buyer is in default with acceptance or in arrears, the risk of accidental loss or deterioration of the goods passes to him.
• Any damaged or lost orders are subject to an investigation carried out by the courier company. The investigation can take up to an estimated 12 business days and we must allow the courier company to complete their investigation before we can take any further action into the whereabouts of the order.
• Products will generally only be delivered to addresses within Australia. We are unable to deliver to certain parts of Australia.
• Remote deliveries are subject to local transport schedules or third-party couriers and may encounter extended delays. Please note that there are limitations on all courier networks and some remote delivery addresses will not be serviced door-to-door. In these cases, the couriers will deliver to a local depot, and you will be contacted to collect your products.
• We do not ship internationally.
• The customer is to make certain that the goods are delivered in full before signing any Proof of Delivery (POD) documents. We bear no responsibility for signed PODs by the customer for which the goods have not been received and/or received in full by the customer.
• Any damage of goods delivered or orders which are only delivered partially are to be reported to [email protected] together with the completed Returns form within 7 working days so the resolution process can commence.
• Any returned goods are to be in their original packaging or there will be a 15% administration/restocking fee incurred by the customer.
• Any orders which will require self-discharging by truck, crane, forklift etc., are at the customer’s expense and risk.
• The aforementioned reference to business day means a day that is not a Saturday, Sunday or public holiday in Brisbane, Australia.
• All invoices issued by ProFence Victoria to the customer must be paid within the timeframe as specified at the point of sale. ProFence Victoria reserves the right to escalate any invoices not paid 30 days after the due date to our nominated collection agency and any fees associated will be incurred/added onto the invoice total.

2. RETENTION OF TITLE

• Ownership of all Goods supplied by Sunnylew Trading Pty Ltd trading as ProFence Victoria (“ProFence Victoria”) shall remain with ProFence Victoria until the Customer has paid all monies owing to ProFence Victoria, whether under this Contract or any other contract between the Customer and ProFence Victoria.
• Until ownership passes to the Customer:
  (a) the Customer shall hold the Goods as bailee for ProFence Victoria;
  (b) the Customer must store the Goods separately where reasonably practicable and ensure they remain clearly identifiable as the property of ProFence Victoria;
  (c) the Customer must not sell, transfer, lease, pledge, charge or otherwise dispose of the Goods except in the ordinary course of its business;
  (d) the Customer must keep the Goods fully insured against loss or damage for their full replacement value.
• Risk in the Goods passes to the Customer immediately upon delivery, notwithstanding that ownership remains with ProFence Victoria until payment in full has been received.

3. WARRANTY

• ProFence Victoria products carry a warranty period of 1 year from time of purchase unless otherwise specified at point of sale.

4. RETURNS

• Any return requests are to be reported to [email protected] within 30 working days of receiving the purchase so that the resolution process can commence.
• Please include any invoice, packing slip, or proof of purchase.
• Please allow 12-14 business days for the processing of returned damaged or missing items.
• Any returned orders must be in their original packaging, or a 15% restocking fee will be incurred by the customer.
• A 15% restocking fee will be deducted from the total where a customer simply changes their mind about a product.

5. REFUNDS

• Customers will be notified via email upon receipt of the returned item.
• An additional email will be sent within 12-14 business days of receipt regarding the status of the return.
• It may take up to 3-5 days for a refund to post to the account utilized for purchase.
• A restocking fee of 15% on the total invoiced amount may be deducted from your total refunded amount.

6. SHIPPING AND DELIVERY CHARGES

• Shipping charges applied to the original purchase are non-refundable.
• Any damaged/lost orders during transit are subject to an investigation carried out by the courier company/third party carriers. The investigation process allows for 15 business days.
• Shipping costs for returned items are the responsibility of the customer and are non-refundable.

7. EXCHANGES

• Sunny Lew Trading Pty Ltd T/A ProFence Victoria accepts in-person customer exchanges from either the QLD or VIC branches. (OR)
• Exchanges may be processed for items of the same price. Additional fees may apply. 

8. Intellectual Property and Confidentiality

These terms and conditions do not give the Customer any intellectual property rights in ProFence Victoria’s Goods or in any promotional literature, technical documents or other information provided or made available to the Customer.

The Customer’s details and information that is provided to ProFence Victoria may be retained by ProFence Victoria on its database. The Customer has no rights in that database. ProFence Victoria may use such database in the conduct of its business, subject to privacy and other relevant laws.

ProFence Victoria is not liable for any infringement or unauthorised use of any intellectual property rights arising from these terms and conditions. If any dispute or claim is made in respect of any infringement or unauthorised use of intellectual property ProFence Victoria may terminate these terms and conditions by written notice to the Customer and without liability to the Customer or any other person.

The Customer must indemnify and hold ProFence Victoria (and its affiliates, employees and sub-contractors) harmless against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by ProFence Victoria (or its affiliates, ProFence Victoria or sub- contractors) as a result of any claim, action or proceeding that the use, possession or receipt by ProFence Victoria (or its affiliates, ProFence Victoria or sub-contractors) of any data, information or materials (in whatever form, including in electronic format) provided or made available by the Customer infringes the intellectual property rights of any third party.

In these terms and conditions, “intellectual property rights” includes the full benefit of any rights in any copyright, trademark, registered design, patent, trade and business names, inventions, know-how, improvements, discoveries, confidential processes and information, and includes artistic works, images, designs, motifs and photographs and any adaptation or concept relating to it.

If the Customer receives any confidential or proprietary information from ProFence Victoria the Customer must not use or disclose such information to any person, unless the Customer has first obtained ProFence Victoria’s prior written consent (which it may withhold in its absolute discretion), such information has entered the public domain (other than through a breach of confidentiality owed by any person) or the use or disclosure of such information is required by law.

9. ADDITIONAL INFORMATION

If you have any questions, concerns, or requests regarding this Privacy Policy or our handling of your personal information, please contact us: