Customer Guarantee – Real Fencing

Last updated August 11, 2025

1. Defined Terms and Interpretation

In these terms:

Accepted Claim means a claim accepted under clause 8.1.
Assignment Time means the date of the Accepted Claim.
Completion means the stage at which the fencing works under the relevant Contract or New Contract have been substantially completed, so the contractor is entitled to payment, even if minor defects remain, provided such defects do not deprive the Customer of the essential benefit of that work having regard to the nature and scope of the project. Complete has a corresponding meaning.
Contract means the Customer’s original fencing contract with a contractor introduced by Real Fencing and accepted through the Real Fencing customer portal.
Claim: a claim made by the Customer in accordance with clause 8.
Default means a contractor’s failure to commence or Complete the works under its Contract for any reason, where such failure to commence or complete the works is not as a result of any act or omission by the Customer.
Defaulted Contractor means a contractor who is in Default.
Dispute means a genuine dispute between a Customer and contractor in connection with a Default.
Eligible Customer has the meaning given in clause 5.
Final Payment means the final amount payable by the Customer under the Contract with the Defaulted Contractor.
New Contractor means a replacement fencing contractor appointed by Real Fencing.
New Contract has the meaning given in clause 3.1(a).
Price Difference means the difference between the price the Eligible Customer is liable to pay under the New Contract (excluding any fees or costs for additional works) and the price under the original Contract.
Warranted Amount means $15,000 NZD including GST.
Warranties means the representations and warranties in clause 3.
Warranty Period means 12 months after the date of the Accepted Claim.

2. Purpose of this Guarantee

The Real Fencing Customer Guarantee provides homeowners peace of mind in the rare event that a contractor fails to complete a fencing project. This Guarantee ensures completion of the contracted work, subject to these terms.

3. What This Guarantee Covers

3.1 If the Contractor Defaults After Work Commences:

Real Fencing will:

a) Use reasonable endeavours during the Warranty Period to appoint a New Contractor to Complete the work (a New Contract).
b) Reimburse the Customer for the Price Difference within a reasonable period after Completion by the New Contractor.

3.2 If the Contractor Defaults Before Work Commences:

Real Fencing will, at its sole discretion:

a) Reimburse any deposit paid that has not been refunded; or
b) Appoint a New Contractor and reimburse any Price Difference as above.

3.3 Financial Limit:

Real Fencing’s liability is capped at $15,000 NZD.

3.4 Platform Requirement:

This Guarantee applies only to jobs where the Customer accepts the contractor’s quote through the Real Fencing customer portal. If the Customer accepts a quote from a Real Fencing contractor by any other means — including verbally, by email, or in writing outside the Real Fencing platform — this Guarantee will not apply.

3.5 Once the Customer’s Claim is accepted by Real Fencing, in accordance with clause 8, the Customer agrees and acknowledges that they shall be liable for all monies payable under the New Contract, excluding any Price Difference. Such monies to be payable to the new contractor in accordance with the New Contract.

4. What This Guarantee Does Not Cover

Unless otherwise agreed by Real Fencing, this Guarantee does not cover:

Workmanship or quality disputes under the Contract where the contractor believes they have completed the job to a reasonable industry standard.
Any damage after completion of the Contract not caused by the contractor, including damage arising from storms, natural disasters, pets or animals, third-parties, other contractors arranged by the Customer, and otherwise events beyond the reasonable control of Real Fencing.
Wear and tear or maintenance issues.
Customer changes of mind.
Additional or altered work outside the original scope.
Any issue after the fence is considered substantially completed.
Consequential or indirect losses.
Any defects, delays, or failures by a replacement contractor introduced under this Guarantee. Real Fencing’s responsibility is limited to arranging the introduction of a replacement contractor and contributing to any agreed cost difference; Real Fencing does not provide any warranty for the replacement contractor’s work.

5. Eligibility

To qualify, you must:

a) Be a residential homeowner.
b) Have accepted these Terms and Conditions through the Real Fencing customer portal.
c) Have accepted a fencing job through the Real Fencing platform with a value of $2,000 NZD or more.
d) Not be in default of your obligations under the Contract, including payment default(s).
e) Have made a reasonable attempt to resolve the issue with the contractor first.
f) Have not made full or final payment to the Defaulted Contractor, and have followed the payment schedule and milestones under the Contract (if any), unless non-payment under the Contract is as a result of a genuine Despite.
g) Have notified Real Fencing within the required timeframe (see clause 7).
h) Have followed the original payment terms without unscheduled payments.
i) Not have contributed to the contractor’s Default by any act or omission.
j) Acknowledge that where these Guarantee Terms differ from Real Fencing’s general Terms and Conditions, these Guarantee Terms will prevail.

6. Customer Responsibilities

The Customer must:

a) Notify Real Fencing before attempting to engage any other contractor.
b) Provide evidence of the Default and Contract (photos, contract copy, communications, proof of payments, etc.).
c) Allow Real Fencing up to 40 business days to assess the Claim and arrange a replacement contractor.
d) Cooperate fully with Real Fencing throughout the process.
e) Redirect any outstanding payments to Real Fencing’s nominated account if required.
f) Refund to Real Fencing any monies received from the Defaulting Contractor or third parties in relation to the Default that exceed the Warranted Amount.

Failure to comply with one or more of these responsibilities voids the Guarantee, in the sole and absolute discretion of Real Fencing

7. Time Limits

Claims must be made:

a) Within 12 months of the Customer accepting the Contract.
b) No claims will be accepted after Completion.

8. Claims Process and Acceptance of Claims

8.1 Making a Claim:

To make a claim, the Customer must contact Real Fencing at info@realfencing.co.nz providing:

Details of the Dispute and Default.
Evidence of eligibility and compliance with these terms; accepted in the sole and absolute discretion of Real Fencing.
A copy of the original Contract accepted through the platform.
Proof of payments made.

By making a Claim, the Customer warrants:

All information provided is true and complete.
The Customer has legal authority to make the Claim.

8.2 Acceptance of Claims:

Real Fencing will notify the Customer within 30 business days whether the claim is accepted.

For Accepted Claims:

Real Fencing will appoint a New Contractor to undertake or complete the works under the Contract. Where additional remedial works (“Additional Works”) are required beyond the scope of the Contract, Real Fencing shall consult the Customer.
Additional Works are separately payable by the Customer.

The Customer must lodge their Claim in a single application, which may encompass more than one Default, but will be treated as one Claim. No additional Claim in respect of the Default may be submitted once accepted by Real Fencing. Real Fencing’s acceptance of the Default and subsequent Claim is final and made at its sole and absolute discretion. The Customer may withdraw their Claim at any time before or after it is accepted. Real Fencing reserves all rights to recover costs incurred on behalf of the Customer after the Claim is accepted, including for arranging a New Contractor.

9. Assignment of Rights in the Contract

Upon an Accepted Claim, the Customer assigns all rights under the Contract to Real Fencing. The Customer warrants that:

The Contract is valid and enforceable at the time the Claim is made and will remain valid for 40 business days following submission
They have not made or filed any other claim, demand, or proceeding against the Defaulted Contractor in respect of the Claim, and (as far as the Customer is reasonably aware), no third-party claims exist or have been made against the Customer or Defaulted Contractor in respect of the Claim – if the Customer is aware of such claims, the Customer shall provide all information held concerning these to Real Fencing to assist in their decision to accept the Claim.
They will cooperate fully to enable Real Fencing to pursue remedies.
They indemnify and hold harmless Real Fencing from and against all liabilities, losses, damages, costs, and expenses (including legal costs on a solicitor and client basis) arising from or in connection with the Contract after assignment.

10. General

a) These terms are in addition to Real Fencing’s Terms of Use.
b) Real Fencing may amend these terms at any time by notice. Continued use of the platform constitutes acceptance.
c) Real Fencing is not liable for events beyond its reasonable control.
d) These terms are governed by New Zealand law.
e) Real Fencing does not guarantee that a Claim will be accepted, such is determined in Real Fencing’s sole and absolute discretion.

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