Terms and Conditions
Bids are based upon the plans, specifications and drawings given to Fence Fanatics at the time of bid and assumes utilization of industry-standard material and labor types and quantities. Fence Fanatics does not provide engineering or architectural services. If any documents provided to Fence Fanatics for reliance in making a bid later prove to be incomplete or inaccurate, to an extent requiring Fence Fanatics to utilize parts or labor in excess of those used in preparing such bid, Fence Fanatics reserves the right to amend bids as may be necessary to comply with changes in the foregoing documents, and to amend any contract made in reliance upon the price quotes contained in bids. To the extent that any documents submitted to Fence Fanatics by you for review in making bids incorporate by reference any other document not given to Fence Fanatics, or refer Fence Fanatics to the contents of any other document not given by you to Fence Fanatics, Fence Fanatics, will not be bound by the contents of any such document unless: (1) it is a public statute, rule, ordinance, or published industry code (e.g, the Int’l Building Code); or (2) such document may be readily downloaded on the internet from a website or other URL to which Fence Fanatics is given access prior to making this bid. No merger or integration clause in any subsequent contract executed by Fence Fanatics is intended to supersede this paragraph, because Fence Fanatics cannot knowingly bind itself to any contract terms contained in documents to which Fence Fanatics is not given access before signing a final contract.

Non-Refundable 50% Retainer Fee
It is acknowledged by Client that the non-refundable retainer fee is required, in part, because upon the signing of contracts, Fence Fanatics, will begin scheduling the work, arranging for the delivery of equipment, and purchasing material, as necessary to complete the work. The remaining balance will be due upon completion of job.


Payment Term
All payments must be made within 7 days upon Client's receipt of Contractor's invoice. Should default be made in payment of this contract, charges shall be added from the date thereof at a rate of two percent (2.00%) per month (24.00% per annum).
If Client does not pay invoice upon completion of job, Fence Fanatics may refer collection of the unpaid amount to an attorney or collections agency. If Client’s unpaid invoice is referred to an attorney or collections agency, Client shall pay all reasonable attorney’s fees and/or collections agent’s fees. A Mechanics Lien may be placed on the property by the contractor if payment is not received within 7 days upon completion of the project.
All materials remain the property of Fence Fanatics until the contract is paid in full.


Change of Scope
If Contract is changed after the erection crew delivers the material or if undue delay is caused to Fence Fanatics when erection is suspended at the Client's request, there will be a $125.00 per hour charge for time lost that day and a remobilization of $150.00 to return.


Description Of Materials And Equipment
The materials to be used in the construction of the Project are described in full detail in the Quote approved by the Client. By this reference, the Quote is incorporated in and made a part of this Contract.


Use Of Nominal And Dimensional Measurements
As is common practice in the lumber industry, all lumber sizes are stated in nominal dimensions not actual measurements, regularly actual boards can be up to half an inch less than the tagged numerical value. This means the final measurements may vary especially when stacking different wood parts. The overall height of the fence may vary plus or minus six (6) inches than what is specified on the quote due to such conditions.


Nature Of Materials:
The material which will be used for the construction of the contracted work will be specified in the quote. Unless clearly stated wood elements will have no additional processes such as sanding, or pre-staining, most boards used, unless clearly specified, will be rough cut and delivered to the installer prior to the execution of work. Some dark marks on boards might be visible from the friction of the saw against the wood surface.


Contract Price
Client shall pay Contractor a fixed sum that is specified and can be found on the corresponding Quote, for the work to be performed under this Contract, subject to additions and deductions pursuant to change orders agreed upon in writing by the parties. This change order will be itemized.


Hard Dig Consideration
In submitting this Contract, it is assumed that there are no underlying rock formations, hidden foundations, tree roots, concrete, pavers, and other obstacles on the property which will necessitate jack hammering, drilling, or blasting, or any other unusual conditions involving extra labor in the erection of this fence. Should any of the above conditions be encountered or should any changes be made by the Client after shipment is made, charges will be made to cover the actual cost of such work.


Permissible Delays
Scheduling contingent upon delays caused by weather and/or availability of materials. If the Contractor is delayed during or before commencement of the project by inclement weather, manpower constraints and/or equipment availability or any cause beyond the control of the Contractor, the Contractor shall be entitled to an extension. Said delays can cause the buyer inconvenience and/or expense such as lost time at work, pet boarding fees, etc. The Client agrees that the Contractor will not allow a reduction in the contract price, nor will reimbursement be made to compensate the customer for said expenses and/or inconveniences.
Any delays that incur additional costs that are caused by acts, omissions or decisions by the Client or any change order required, the Contractor shall be entitled to an equitable adjustment of the contract price as specified in the Contract Terms.


Standard Building Considerations:
Contractor uses proprietary building techniques and methods to perform the contracted project. Client agrees to the Contractor’s building processes. This will include gate placement, section length, construction technique, etc.
In the event the Client has a different building process in mind this should be communicated to the assigned Project Manager, who will process the request. In case the Contractor agrees to such requests, a Change Order will be required and will be subject to the Client’s approval.

Client Responsibilities & Contractor Conditions

  • Client is responsible for obtaining all Homeowners Associations approval procedure, documents, and/or costs that may be required prior to construction commencing on the property, including all permit fees.

  • Owner is responsible for facilitating the Contractor with all the necessary means to perform the project to a successful completion, such as access to the premises, timely communications, access to electrical current for tools, authorization to access neighboring properties, among others. Any delays attributable to the Client may result in additional charges

  • Client understands and agrees that approving a Quote solely binds the Client, therefore it is the Client’s responsibility to collect all shared payments. Contractor can provide separate invoices at the Client’s request that will serve as proof of payment.

  • Client is responsible for locating and identifying any property lines to the Contractor. If there is no clarity on the boundaries, the Client can hire a licensed land surveyor. Client warrants that all boundaries and property lines are accurate, and therefore the Contractor will rely on the property lines identified by the Client or their surveyor. Client agrees to defend, indemnify and hold Contractor harmless from any and all claims (including, without limitation, claims asserted by neighbors of Client alleging trespass), and damages of every type (including, without limitation, attorney fees, expert and consultant fees, and costs), arising out of any inaccuracies or alleged inaccuracies with the boundary and property lines identified by Client and/or Client’s surveyor.

  • Fence Fanatics is not responsible for damage to any underground lines, pipes, drains, wires, cables, foundations, sprinklers, or anything of the type. Client agrees to release, indemnify, save harmless and defend Fence Fanatics from and against all liability, loss, damage, and expense caused or occasioned thereby.

  • Client agrees that Fence Fanatics will not be held responsible for restoration of any part of the landscape that is disturbed during installation. Fence Fanatics will not be required to remove, relocate, spread, or reform soil excavated from digging post holes during fence installation nor be held responsible for damage to trees, shrubs, sod, plants, flowers, etc.

  • If Client would like their fence and/or gate NOT to follow the topography of the existing ground / lay of the land, they must submit that request in writing, prior to the start of construction. Once construction has commenced, any changes, including shortening fence boards, will be at the Client’s expense.

  • Fence staining service does not provide color-matching

  • Stain is a product that can blow and land on surfaces other than the fence. While Fence Fanatics will take precautions and cleaning measures it is the responsibility of the Client to notify neighbor, move vehicles, outdoor furniture, and other items away from spray areas. Fence Fanatics is not liable for any stain that may land in water or pools. Oil based stains and cleaning solutions may turn the grass brown. Fence Fanatics is not responsible for any damage done to sod or vegetation by spills or over spray.

  • Client grants Fence Fanatics the irrevocable right and permission to use or disclose photographs and/or video recordings of work performed in connection with marketing and promotion of Fence Fanatics’ websites, other websites, publications, promotional flyers, educational material, derivative works, or for any other similar purpose without compensation to Client.

  • The Client or an alternative will be available either by phone or onsite during the service engagement in the event of any questions or immediate needs that need to be addressed.

  • Client is responsible for securing any and all animals or pets to ensure their safety as well as the installers. There will be a $100 charge for removing animal waste from the yard if the homeowner neglects to remove before installation.

  • Client is responsible for notifying all neighboring property owners that the installation will take place, which may produce noises and vibrations that could disturb their regular activities. Also inform them that in the event there's a need to access their corresponding properties for installation, such is granted in a timely manner. In the event of a dispute between neighbors caused by the project; Contractor shall not engage in any work until a written agreement is signed by both neighbors and will reserve the right to cancel the project without any further responsibility.

  • Contractor is not responsible for damages to irrigation, sprinklers or landscape/vegetation along the fence line. Client is responsible for clearing 2 feet of work space along the fence lines prior to start date. If significant overgrowth is required to be cut back to execute agreed construction, additional charges shall be applied to the Client.

  • Contractor shall mark the Client’s property to request dig clearance from Texas 811, who will identify public utility lines that run underground prior to the execution of work. Client will be responsible to identify any other lines installed privately, and that are not accounted for by Texas 811. This includes also the presence of sprinklers, irrigation lines, drip lines and similar. Contractor will not be responsible for buried objects or lines like gas, water, cable, telephone, electric that were not properly identified.

  • Contractor recommends Client to reposition or remove any sprinkler heads, irrigation lines, drip lines and analogous before installation, due to the high risk of damaging them during demolition and excavation, if these are within 2 feet from the proposed fence line, Contractor will not be responsible for any damages occurred to the mentioned items.

  • The approved quote does not include any dirt removal costs from excavation. The Client will seek to relocate or dispose of the dirt. A change order will be required if dirt removal is requested by the Client.

  • The approved quote does not include costs for removing and reattaching objects such gates, downspouts, fences or similar for access purposes.

  • Additions or changes to the scope of work not accounted for in the quote will require a change order with the additional charges and the corresponding approval from the Client. Unforeseen situations that cause additional charges or changes in the scope of work will require a change order.

  • The approved quote does not include the removal of concrete footings from previously installed posts. The new posts would be installed offset from the existing post holes, the old posts cut at the ground level. A change order will be required if concrete footing removal is requested by the Client.

  • Other work conditions such as pronounced sloping, extreme landscape features and other conditions that could render the installation physically impossible to perform, or put the life or health of the installers at risk are a cause of cancellation without any responsibility to the Contractor.

  • Automatic gate installation only includes the mechanical installation of the motor as well as the construction of the gate. Any electrical installation needed shall be done by a certified electrician at the Owner’s expense.

  • Wood material will not match the existing color of any existing wooden fence. Wood is a natural product and its coloration is dependent upon many factors such as weathering that are not controlled by the Contractor or the lumber provider.

  • If the Client is a tenant on the property and not the owner, the tenant warrants to the Contractor that all work performed under this contract has been approved by the owner prior to the execution of this contract. Tenant agrees to indemnify and hold harmless the Contractor from any and all claims by the Client or its agents arising out of the owner’s non-approval of the work under this contract.

  • Contractor is not responsible for working or constructing across not properly identified property lines, easements, covenants or other legal encumbrances that your service address may be subject to and holds no liability for such elements.

  • Contractor is not responsible for any grading work in the terrain. Soil may shift during installation and/or over time. Gaps under fences are normal and will be accentuated when the ground upon where the fence is built is uneven. Post concrete crowning are for utilitarian purposes rather than aesthetic, their final shape may not be completely even.

  • Client agrees to provide access to the jobsite during working hours, remove all objects attached to the fence, provide power and water, keep all pets restrained and leave no minors unattended.

Craftsmanship Warranty
Contractor guarantees that all newly installed fences will be free of workmanship defects. For this, Contractor will provide a 1-year Craftsmanship warranty on all fences and gates, which will be counted from the date of installation.
Material Warranty:
Contractor guarantees that all newly installed fences will be free of material defects. The duration of the Material Warranty will depend on the type of product installed. Services like repairs and staining are not covered by any warranties.

  • All Material is guaranteed to be as specified in original contract. Fence Fanatics warranties that all work will be free of workmanship defects for one year from the date of installation and all defects occurring within that period shall be replaced at no cost to the owner. Any exceptions to this must be specified in original purchase contract.

  • Defective material is defined as material that does not meet the grading standards or is structurally compromised if applicable. Wood fencing is a natural product, in which cracks, wane or checking may appear over time

  • Fence materials will change appearance, dimension and shape due to the process of aging and exposure to the elements. Wood fence materials are subject to color changing, splitting, bowing, twisting, warping, shrinkage, swelling or any other physical property of the wood including but not limited to knots drying out, ends splitting or shrinking therefore creating small gaps in between fence parts. Color variances in wood are normal even within the same board.

  • Pickets, Rails, Trims, Kick boards, Lattices: Are not covered under any material warranty

  • Wooden or Steel Posts: 5 year coverage from the date of installation.

  • Chain Link fences: Are covered with a material warranty for a period of 5 years from the date of installation.

  • Besides any applicable warranty limitations expressed above, the following will be applicable:

    • Damage to mesh from rupture or breakage due to excessive force, direct impact, cutting tools or weapons, vandalism, and neglect.

    • Misuse of corrosive substances that can effectively damage the fence.

    • Deterioration because of harsh industrial, coastal or marine environments is not warranted.

    • This warranty does not cover rusting.

    • Fences with T-posts are not warranted.

  • Pre-manufactured iron products are supplied with original manufacturer’s warranties.

  • Abuse or neglect of installed materials shall void this warranty.

  • All implied warranties, including merchantability, are limited to one year.

  • Fence Fanatics does not warranty any wood fence material against termite infestation.

  • Fence Fanatics is not responsible for damage caused by shifting soil/terrain.

  • Gate Warranty: Gates will be adjusted at no extra charge for a period of ninety (90) days after the installation date, provided that there are no signs of abuse or misuse in the gates. All gate hardware and automatic operators will have a 30-day warranty besides any applicable manufacturer’s warranty.

  • Gate Operators and other access control systems and accessories are supplied with original manufacturer’s warranties. Gate operators and all access control devices may have a manufacturer’s warranty different from the warranty described herein, and the Contractor has no responsibility for any such manufacturer’s warranty. Information for these products will be supplied on an “as-requested” basis. In the event that a part is covered under warranty from the manufacturer, the Client will be responsible for labor charges to Fence Fanatics to replace said part after 90 days. If the part is not under warranty by the manufacturer, then the Client will be responsible to Fence Fanatics for the cost of the part and labor charges to replace said part. If Fence Fanatics is notified of the defect of a non-covered component during the 90-day warranty period, the Client will be responsible for the cost of the part only. Failure to request warranty information at the time of contract does not absolve the Client from the responsibility for any charges associated with replacement parts and/or labor. Material warranties for all products are for materials solely. Labor required to replace or repair is not included.

  • Non-payment, in part or in whole, by the Client for services rendered or materials provided, per the original contract or invoice, shall void this warranty.

  • Material warranties do not cover any damage resulting from the impact of foreign objects or animals, an accident, unreasonable use, neglect, alteration, service by an unauthorized third party, acts of God, circumstances beyond Fence Fanatics control or another cause not arising out of defects in materials or workmanship. Damages caused by windstorms, tornado, hurricane, lightning, hail, rain, or any other weather event. Use of accessories or other components which are incompatible with the Products; Movement, distortion, settling or collapse of the ground or structure on which the Products are installed. Failure to provide reasonable and necessary maintenance.


The warranties given above shall be the exclusive remedy for any breach by Fence Fanatics, and all liability for consequential, special, or incidental damages is disclaimed.

Job Agreement:
Upon completion of this agreement it is understood that Fence Fanatics and Client both agree with the information detailed in this document. This information will be used as the master guideline for the execution of the document. Both the Client and the Fence Fanatics must approve any change requests to this document after its initial approval. Both Parties agree that this Agreement and its supplementary clauses and appendixes have been written accordingly to their will and specifications. This Agreement supersedes and cancels any and all related previous written and oral agreements, communications and other understandings. It is agreed that there are no rules, conditions or limitations from other agreements affecting the present, different from those provided in this Agreement.

Special Term To File A Claim
Both Parties agree that any and all claims that arise from the execution of this contract, except warranty claims will be enforceable within a period of 1 year after the construction has finalized. Any filing done after such period shall be unenforceable regardless of the statutes of limitation in the State of Texas. Notwithstanding anything to the contrary, the present clause will not limit the Contractor’s right to collect payment through any legal mechanism at its discretion.

Confidentiality And Good Faith
In the event of any dispute, The Parties agree that it is appropriate to maintain the allegations made in the Dispute, any discovery exchanged between them in the Dispute, and the terms provided for in any subsequent settlement agreement (collectively the “Information”) as confidential on a going forward basis as of the date of this Construction Agreement, except to the extent disclosure of said Information may be required by court order or other lawful order of a governmental agency, or to comply with any law, or to enforce the terms thereof. The confidentiality will also cover any misinformation or misleading statements and herein, will limit any comments, reviews, posts in social media, websites, written press, radio, television and any other broadcasting where the information could be made public. The Client hereby consents and grants permission to the Contractor to use any photos or videos sent through any channel of communication for construction or marketing purposes.

Severability
Any provisions held invalid or unenforceable may be severed from the remainder of this Agreement, whether partially or completely. The remaining provisions will continue to be valid and enforceable.

Waiver
If any of the Parties waives the other for any breach, default, delay or omission of the provisions contained in this Agreement, this action will not allow future breaches of the same or any other provisions to be waived automatically.

Supplementary Clauses

Extra Work And Change Orders
Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments. Change Orders generally result from the discovery of unforeseen physical and hazardous conditions at the property, if these are detected Contractor will not start or will immediately discontinue installation. Any change order must be approved by the Client, if a change order is presented but not approved, Client may decline the change order request in which case Client can terminate agreement and pay for all work performed and materials used/delivered up to the time of declining change order. No Cancellation fee will be applied but restocking fees may apply if the materials have already been purchased. Change Orders can also arise from requests or additions made by the Client after contract signature, this includes material substitutions, scope changes.

Mechanics Lien
Should Client fail to pay the amounts due under the Agreement, Client hereby consents to the filing of a Mechanic's Lien by Fence Fanatics LLC on the property to which materials and/or services were provided.

Pursuant to Property Code Section 53.021 Anyone who helps improve the Client’s property, but who is not paid, may record what is called a mechanics’ lien on the Client’s property. A mechanics’ lien is a claim, like a mortgage or home equity loan, made against the property and recorded with the county recorder. Pursuant to Property Code Section 53.085, Contractor shall, upon written request from Client, provide an affidavit demonstrating all subcontractors and suppliers have been paid in full. Such request does not constitute a condition for the performance of this agreement. Contractor hereby declares that all subcontractors and suppliers are paid for the contracted work to safeguard the Client’s indemnity against subcontractor liens.

IMPORTANT NOTICE: YOU AND YOUR CONTRACTOR ARE RESPONSIBLE FOR MEETING THE TERMS AND CONDITIONS OF THIS CONTRACT. IF YOU SIGN THIS CONTRACT AND YOU FAIL TO MEET THE TERMS AND CONDITIONS OF THIS CONTRACT, YOU MAY LOSE YOUR LEGAL OWNERSHIP RIGHTS IN YOUR HOME. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.


Release Of Mechanics’ Liens:
In the event that the Contractor has filed and notified the Client of a mechanics lien, the Contractor is obligated to deliver the corresponding Release to the Client after satisfactory payment of any pending balance or compensation made.

“Three-Day” Right To Cancel
Customer has the right to cancel this contract within three business days. Client may cancel by e-mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after receiving a signed and dated copy of the contract that includes this notice. Client should their name, address, and the date of reception of the signed copy of the contract and this notice. Any advance payments in concept of deposit shall be reimbursed to the Client within such period.

Extemporary Cancellation
If this contract is canceled by the Client later than 7 days from contract execution, $150 will be paid by Client, not as penalty, and the Contractor agrees to accept such a reasonable and just compensation for said cancellation.

When a material from our standard offering (such as pressure treated rails or cedar pickets in regular sizes) has to be restocked because of cancellation or changes requested by the Client there will be a restocking fee equal to fifteen percent (15%) of the material price.
For other materials other than wood such as Chain Link, Iron or Vinyl for example Contractor will return merchandise with a restocking fee of up to 35% of material price.
In the event that the project canceled includes custom or fabricated materials for example steel frames, special wood type, special measurements that have been cut or any orders that has been sourced but is non-refundable to the Contractor, Client will be responsible for the entire material price.

Warranties; Warranty Disclaimer
Except for the warranties expressly set forth in warranties section, Contractor and its licensors and suppliers make no express or implied warranties or representations with respect to the subject matter of this agreement (including, without limitation, anything provided hereunder) and hereby disclaim all warranties of any kind, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.


Independent Contractor Capacity
Both Parties expressly agree that the present Agreement is exclusively a contract for services. Therefore, the Contractor is acting as an independent contractor and not as an employee; neither it creates a partnership of joint venture between them. The Client is not required to pay any form of employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.

Subcontracting
The Client may transfer, delegate or assign this Agreement or its rights or obligations in any way with mutual consent from both Parties. The Contractor can Subcontract any services as long as these are necessary to execute the work agreed by the Parties.

Notice
All notices or other acts of communication required or permitted by these Terms, will be given in writing and delivered to the Parties at the addresses expressed on the approved quote; or to any other address that each Party may from time to time notify to the other, and will be deemed to be properly delivered
(a)immediately upon being served personally,
(b) two days after being deposited with the postal service if served by registered mail, or
(c) the following day after being deposited with an overnight courier.

Indemnification
Each party (as the “indemnifying party”) does hereby agree to indemnify, defend and hold the other party, and its affiliates, and their stockholders, officers, and employees (as the “indemnified parties”) harmless of, from and against the full amount of any and all loss, cost, expense or liability of any nature whatsoever caused by or attributable the direct or indirect breach or negligent performance or failure or delay in performance of this agreement.

Limitation Of Liability
Not withstanding anything in this agreement to the contrary, neither party shall be liable to the other party for special, indirect, consequential, punitive or exemplary damages suffered by such party resulting from or arising out of this agreement or the breach thereof or under any other theory of liability, whether tort, negligence, strict liability, breach of contract, warranty, indemnity or otherwise, including loss of use, increased cost of operations, loss of profit or revenue, or business interruptions; provided, however, that the foregoing limitation shall not apply to any damage claim asserted by or awarded to a an unaffiliated third party for which a party would otherwise be liable under any indemnification provision set forth herein.

Termination Of Contract
Upon seven (7) days' written notice to Client, Contractor may terminate this contract if the work has been stopped for a thirty (30) day period through no fault of Contractor for any of the following reasons:
a) Under court order or order of other government authorities having jurisdiction
b) As a result of the declaration of a national emergency, state of siege, war, Public Calamity, pandemic, change in legislation, other government acts and any other similar situations that may impact or limit partially or completely the Contractor’s capacity to source material and labor for the project. Additionally, the Contractor may terminate the contract immediately upon (7) days written notice to Client, at no fault of Contractor if:
a) Client fails to pay Contractor in accordance to this contract and the Contractor has provided Client with notice of Client’s default. Client otherwise materially breaches this contract.
b) Changes in the scope of work or specification that fall outside the Contractor's reasonable capabilities or skill to perform
c) Inability to agree to a change in the scope of work or pricing that results in the impossibility to finalize the construction with the original specifications or scope.
d) Impossibility from the Contractor to fulfill the Client’s expectations or requests that fall beyond reasonable conditions, features, material options, colors, or particular ways to perform the contracted work.
e) Upon Client’s unacceptance of the Contractor’s standard building techniques and methods