
Terms and Conditions
TERMS AND CONDITIONS
Contract Signee Referred to as Customer or Property Owner
HARD DIGGING
Please be advised that in the event of encountering challenging digging conditions requiring special equipment (JACKHAMMER, ROCK CHIPPING BARS, CORE DRILLS), there will be an additional charge to the original invoice. This up-charge may vary between $25 and $75 per post hole, depending on the extent of the difficulty. In rare instances where heavy equipment rental is necessary for the completion of the digging, additional charges may apply, although such circumstances are very rare. We appreciate your understanding in these situations, as these measures ensure the successful and efficient completion of the project.
UNDERGROUND UTILITIES
Sometimes, utility lines are damaged during the construction of a new fence – even when exercising the most caution. In most cases of damaged utilities, neither the property owner nor the installer is aware that lines are present until the damage has already occurred. We will safely install fence where instructed. If there are known utility conflicts, we may, at times, advise for relocation of fence lines based on installer judgment.
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We will handle 811, Call Before You Dig requests. This is our effort to protect infrastructure and to perform safe excavation as required by law. It is not a fail-safe, and Fence Guy Corp. cannot be responsible for losses as a result of damage to any underground pipes, drains, wires, cables, foundations, sprinklers, or anything of the likes. Customer agrees to release, indemnify, and defend Fence Guy Corp and any involved contractor against all liability, loss, damage, and expense caused or occasioned thereby.
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811 is responsible for locating buried Public Utilities. Sometimes, utilities are located incorrectly. Most often, residential locates include main electrical to meter base (Red), communication lines to junction boxes (Orange), and natural gas to meter (Yellow). Water is rarely located beyond the meter as it is considered “private”, and most sewer lines are considered “private”. Propane, irrigation, and utilities related to pools are not located. Lines most in danger of damage are septic system lines, communication lines, and water lines feeding auxiliary hydrants, sprinkler systems, etc.
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LOCATION OF FENCE AND PROPERTY LINES Fence Guy Corp. does not offer or perform surveyor services. The property owner (our customer) is solely responsible for identifying property lines The customer hereby assumes full responsibility for the location of the line upon which the fence is to be installed and agrees to hold Fence Guy Corp. and any involved contractors harmless of all claims arising from: Questions of survey of said property lines; All claims from personal injury; Property damage or Trespass from or by means of the installation of said fence material. Customers will defend Fence Guy Corp. and any involved contractors and reimburse them of all costs in the connection with any claim by anyone about the location of the fence.
LANDSCAPING
Customer agrees that Fence Guy Corp. will not be held responsible for the restoration of any portion of the landscape that is disturbed during installation. Fence Guy Corp. and any involved contractors shall not be required to remove, relocate, spread, or reform soil excavated from digging post holes during fence installation nor be responsible for damage to trees, shrubs, sod, plants, flowers, etc. It is general practice that soil be spread along the perimeter of the fence line. Soil conditions and moisture content can and does affect this process. Construction of fences should be considered a major construction project and reasonable wear and tear of lawn and landscaping should be expected.
GRADE OF FENCE
Proper fencing is to follow the grade of the topography. The fence will follow the grade of the landscape. Generally, the fence will be closest to the grade in the highest areas and furthest from the grade in the lowest areas. The fence within this contract will be built to follow the topography of the property unless specifically stated otherwise in writing. Once construction commences, any changes made regarding grade (including shortening of boards, re-grading fence, etc.,) will be made at customer’s expense. Changes to how the fence is graded can make significant changes in the materials needed and the amount of time required to complete the project.
HOA AND REQUIRED PERMITS
It is the customer’s responsibility to obtain HOA approval and/or any required permits via the local municipality unless pre-arranged that Fence Guy Corp. will acquire necessary approvals. Any lost time once work commences due to neglect of obtaining HOA approval or required permits by customer will be at the expense of the customer. Any fees assessed for permits will be passed on at cost to the customer/property owner.
SCHEDULING
​Scheduling contingent upon delays caused by weather, availability or materials, labor resources, and any other activity outside of our control. The post-covid supply chain has some materials arriving with delayed lead times. These supply-chain related lead time delays are outside of our control.
UNKNOWN CONDITIONS
This contract is submitted in good faith and all conditions cannot be known until installation is underway. It is assumed that our installation crew will not encounter underlying rock formations, hidden foundations, excessive/unforeseen tree roots, and other obstacles on the property that will necessitate drilling, blasting, or any unusual conditions involving extra labor in the installation of this fence. Should any of the above conditions be encountered or should any changes be made by customer after Fence Guy Corp.’s arrival to start the installation, a Change Order will be issued to cover the actual cost of such work. We do our best analysis during our on-site inspection to identify problem areas so that these unforeseen situations are rare.
PAYMENT
If a customer does not pay invoice upon completion of job, Fence Guy Corp. may refer collection of the unpaid amount to an attorney or collections agency. If Customer’s unpaid invoice is referred to an attorney or collections agency, Customer shall pay all reasonable attorney’s fees and/or collections agent’s fees.
LEGAL AGREEMENT
In lieu of signature, payment of non-refundable deposit/retainer fee is considered as an acceptance of this proposal and/or contract from Fence Guy Corp. In other cases, written communication and commencement of work will be considered acceptance and agreement of this contract. Customer agrees that this contract represents the full and entire agreement between the parties affecting the work contemplated herein, and no other verbal agreement or understanding of any nature concerning the same has been entered into between the parties. No modification of this proposal and/or contract will be binding upon Fence Guy Corp. unless in writing and executed by an authorized representative of Fence Guy Corp.
MARKETING
Customer agrees to allow Fence Guy Corp. to take photographs and videos on his or her property of the fence project to be used for the purpose of marketing our business on social media, the internet, television, printed advertising, or any other platform indefinitely and without compensation to the customer.
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Customer Signature: _______________________________
PAYMENT TERMS
Residential Payment Term Agreement
Retainer Deposit
Please understand your project will be subject to a 50% payment at time of signing the contract. This payment serves as a retainer and allows us to put you onto our schedule. This retainer is non-refundable.
Contract Price
The dollar value of the contract is valid if payment for the fence is made within five (5) business days of completion.
How To Pay
​The best and easiest way to pay is to simply use a credit or debit card. We also accept checks and cashier checks.
Late Payment
Fence Guy Corp. reserves the right to charge a $50 collection fee for final payments that are not received within five (5) days of fence installation. Your balance will become subject to a 6.5% APR interest charge for any balance not paid after fifteen (15) days. This is a daily penalty rate of 0.0178%. Intent To File Lien In the event balance is not paid in 30 days, a lien will be filed with the state against the property. the 6.5% apr interest mentioned above will continue to accrue.
EXPLANATION OF PUBLIC & PRIVATE UTILITIES
Arriving at your yard, you may find flags, stakes, and/or painted marks in your yard. These are used by utility companies for marking an approximate location of the buried public utilities. These markers help reduce the risk of contractors, such as Fence Guy, hitting public utilities while working in the area.
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DO NOT REMOVE, MOVE OR ALTER ANY MARKERS UNTIL FENCE GUY CORP HAS COMPLETED YOUR FENCE.
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The Difference Between “Public Utilities” and “Private Utilities”
A public utility is a utility line that is coming into your home providing a service to your home. An example of a public utility would be a power line that provides electricity to your home. This also includes but not limited to incoming gas lines that supply gas to your home, incoming phone lines, incoming internet, etc.
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A private utility line is typically providing a service FROM your home to somewhere else on your property. Private utilities usually have something that is leaving your home. An example of a private utility would be an underground gutter or drainage line that takes water away FROM your home. This includes but not limited to a sprinkler line that takes water from your home to the lawn, gas lines that supply gas to an outdoor grill or generator, buried electric lines that provide electricity to a shed or outdoor living area. Water is almost always private beyond the meter.
The Difference Between “Public Utilities” and “Private Utilities”
A public utility is a utility line that is coming into your home providing a service to your home. An example of a public utility would be a power line that provides electricity to your home. This also includes but not limited to incoming gas lines that supply gas to your home, incoming phone lines, incoming internet, etc.
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A private utility line is typically providing a service FROM your home to somewhere else on your property. Private utilities usually have something that is leaving your home. An example of a private utility would be an underground gutter or drainage line that takes water away FROM your home. This includes but not limited to a sprinkler line that takes water from your home to the lawn, gas lines that supply gas to an outdoor grill or generator, buried electric lines that provide electricity to a shed or outdoor living area. Water is almost always private beyond the meter.
CONTRACTOR RESPONSIBILITIES
As your “Contractor” Fence Guy Corp. is responsible for having the PUBLIC UTILITIES MARKED on your property by the Local Public Utility Locator Service. The public utilities will be marked within the work areas defined by the services you have ordered the Contractor to perform.
HOMEOWNER RESPONSIBILITIES
As the homeowner (“Owner”), prior to Contractor arriving to work, you are responsible for locating and marking, with flags and/or spray paint, the boundaries and rights of Owner’s property including all applicable easements and all private underground utilities or personal property including, but not limited to, irrigation systems, private extensions of electric, internet, phone lines, water lines, invisible fencing wires, and/or anything not otherwise located by public utility services. Owner’s failure to fulfill these obligations can result in delay. Owner shall indemnify and hold Contractor harmless from and against all claims and damages, including attorney fees, resulting in whole or in part from inadequate access, any omitted marking or otherwise incorrect marking of utilities, and/or any omitted marking or otherwise incorrect marking of property rights.
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If Contractor is instructed by the Owner to complete work where digging is required within 24” of a marked public utility or property rights, the Owner agrees to hold Contractor harmless from and against all claims and damages, including attorney fees, personal injury claims, property damage or trespass resulting in whole or in part from any resulting damage caused from or by means of the Contractor’s work.
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Thank you for your business!