Terms & Conditions
1. Parties And Definitions
This agreement is between Fence Guy LLC (“Fence Guy”) and the person who signs the proposal or contract (the “Customer,” also called the “Property Owner”).
2. 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 Customer nor Fence Guy is aware that lines are present until the damage has already occurred. We will safely install the fence where instructed. If there are known utility conflicts, we may, at times, advise relocating the fence line based on installer judgment.
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 fail-safe, and Fence Guy cannot be responsible for losses as a result of damage to any underground pipes, drains, wires, cables, foundations, sprinklers, or similar items. Customer agrees to release, indemnify, and defend Fence Guy and any involved contractor against all liability, loss, damage, and expense arising from such damage.
Locating public utilities
The 811 service is responsible for locating buried public utilities. Sometimes, utilities are located incorrectly. Most often, residential locates include main electrical to the meter base (red), communication lines to junction boxes (orange), and natural gas to the meter (yellow). Water is rarely located beyond the meter because it is considered “private,” and most sewer lines are also 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.
Public and private utilities
When we arrive at your property, you may find flags, stakes, and/or spray-painted marks in your yard. These are used by utility companies to mark the approximate location of buried public utilities. These markers help reduce the risk of contractors, such as Fence Guy, hitting public utilities while working in the area.
DO NOT REMOVE, MOVE, OR ALTER ANY MARKERS UNTIL FENCE GUY HAS COMPLETED YOUR FENCE.
A public utility is a utility line that comes into your home and provides a service to it. An example of a public utility would be a power line that provides electricity to your home. This also includes, but is not limited to, incoming gas lines that supply gas to your home, incoming phone lines, and incoming internet.
A private utility line typically provides 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 is 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, and buried electric lines that provide electricity to a shed or outdoor living area. Water is almost always private beyond the meter.
Fence Guy’s responsibilities
As your contractor, Fence Guy 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 from Fence Guy.
Customer’s responsibilities
Before Fence Guy arrives to work, the Customer is responsible for locating and marking, with flags and/or spray paint, the boundaries and rights of the Customer’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, and phone lines, water lines, invisible fencing wires, and/or anything not otherwise located by public utility services. Failure to fulfill these obligations can result in delay. The Customer shall indemnify and hold Fence Guy harmless from and against all claims and damages, including attorney fees, resulting in whole or in part from inadequate access, any omitted or incorrect marking of utilities, and/or any omitted or incorrect marking of property rights.
If Fence Guy is instructed by the Customer to complete work where digging is required within 24 inches of a marked public utility or property right, the Customer agrees to hold Fence Guy 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 the work.
3. Location Of Fence And Property Lines
Fence Guy does not offer or perform surveyor services. The Customer is solely responsible for identifying property lines and hereby assumes full responsibility for the location of the line upon which the fence is to be installed. The Customer agrees to hold Fence Guy and any involved contractors harmless from all claims arising from: (a) questions of survey of the property lines; and (b) claims for personal injury, property damage, or trespass from or by means of the installation of the fence material. The Customer will defend Fence Guy and any involved contractors and reimburse them for all costs in connection with any claim by anyone about the location of the fence.
4. Landscaping
Customer agrees that Fence Guy will not be held responsible for the restoration of any portion of the landscape that is disturbed during installation. Fence Guy and any involved contractors shall not be required to remove, relocate, spread, or reform soil excavated from digging post holes during fence installation, nor shall they 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 do 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.
5. Grade Of Fence
Proper fencing follows the grade of the topography. Generally, the fence will be closest to the ground in the highest areas and furthest from the ground 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 begins, any changes made regarding grade (including shortening of boards, re-grading fence, etc.) will be made at the 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.
6. Hoa Approval And Permits
It is the Customer’s responsibility to obtain HOA approval and/or any required permits from the local municipality unless it is pre-arranged that Fence Guy will obtain the necessary approvals. Any lost time once work begins due to the Customer’s failure to obtain HOA approval or required permits will be at the Customer’s expense. Any permit fees will be passed on to the Customer at cost.
7. Scheduling And Possible Delays
Scheduling is contingent upon delays caused by weather, availability of materials, labor resources, and any other activity outside of our control. Supply-chain delays in material lead times are also outside of our control.
At Fence Guy, we want to be transparent with our customers. While we aim to start your fence or deck project on the agreed-upon date, unforeseen obstacles may occasionally affect our schedule. These could include improperly marked underground utilities or sprinkler systems discovered during site preparation, weather-related delays, unexpected change orders on previous jobs, equipment failures, hard digging conditions, or injury to crew members. We prioritize safety and quality above all else. We appreciate your understanding and trust in our team’s dedication to delivering outstanding results once your project begins. Thank you for choosing Fence Guy.
8. Unknown Conditions
This contract is submitted in good faith, and not all conditions can be known until installation is underway. It is assumed that our installation crew will not encounter underlying rock formations, hidden foundations, excessive or unforeseen tree roots, or other obstacles on the property that would require drilling, blasting, or any unusual conditions involving extra labor in the installation of this fence. Should any of these conditions be encountered, or should any changes be made by the Customer after materials have shipped, the price will be adjusted to cover the actual cost of such work plus twenty percent (20%). We do our best analysis during our on-site inspection to identify problem areas so that these unforeseen situations are rare.
9. Change Orders
We STRONGLY DISCOURAGE altering your contract. It is our goal to deliver a quality product and to earn a fair profit. Change orders cause unnecessary downtime and can harm our company’s profits and schedule with other customers. We will evaluate and accommodate change orders as outlined below.
How change orders are handled
If you need to make a change to our agreement, please notify your salesperson as soon as possible. If your product is a special order, please understand the options may be limited. If you wish to shorten your fence or remove components from your fence once work begins, please know that you may still be invoiced at the full contract price. Because the price we have agreed upon was not figured on a “per foot” basis, any adjustment you request will not be figured on a “per foot” basis either.
Once our installation crew has arrived on site, any change requested by the Customer or Property Owner will be subject to the following change order fees:
A minimum $125.00 administrative change order fee, to cover the time required to halt work and investigate the change.
A minimum $300.00 trip charge if a special, unplanned trip is required to fulfill the requested change. Unplanned trips may include a salesperson having to arrive mid-construction, a crew member leaving the job site to secure additional materials, or a request to break the project down into multiple phases for any reason outside of our control.
Beyond these minimum charges, we will also bill for the materials and labor required to fulfill the change order.
10. Payment Terms (Residential And Private)
Retainer deposit
Please understand your project will be subject to a 40% payment at the time of signing the contract. This payment serves as a retainer and allows us to place your project on our schedule. This retainer is non-refundable.
Contract price
The contract price assumes the remaining balance is paid in full upon completion of the installation.
How to pay
The best and easiest way to pay is to simply use a credit or debit card. We also accept checks, cashier’s checks, and ACH payments.
Late payment
Fence Guy reserves the right to charge a $50 collection fee for final payments that are not received within three (3) days of fence installation. Your balance will become subject to a 10% APR interest charge for any balance not paid after fifteen (15) days.
Notice of intent to file lien
If the balance is not paid within thirty (30) days, Fence Guy may file a lien against the property in accordance with applicable law. The 10% APR interest described above will continue to accrue.
11. Marketing
Customer agrees to allow Fence Guy to take photographs and videos of the fence project on his or her property 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.
12. Legal Agreement
In lieu of signature, payment of the non-refundable deposit/retainer fee is considered acceptance of this proposal and/or contract from Fence Guy. 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 unless in writing and executed by an authorized representative of Fence Guy.
Fence Guy LLC
400 W. Main St., Denison, TX 75020
Frisco: 3333 Preston Rd, Ste 300, Frisco, TX 75034
(855) 533-6234 · (972) 833-5171 · (903) 858-7360
info@fenceguy.com
