Terms & Conditions

TERMS AND CONDITIONS

1.   Materials

  • The material used will comply with local laws and shall meet or exceed fence industry standards.
  • Each piece of wood has individual characteristics and may contain certain natural defects.  These defects do not prevent the item from meeting industry grade standards and rules
  • Virtually all whitewood will have lumber mill grade stamps on the back face.  These grade stamps are not an indicator of specified contractual grade.
  • All wood is subject to shrinkage and no wood is perfect.

2.  Construction

  • TR&F fence custom builds each wooden fence by hand.  Metal fences will be built off-site according to customer specification.

3.  Changes and Extras

  • Changes in measurement, fence lines and design must be agreed upon by both the customer and TR&F and must be in writing at the time these changes are made.
  • The price herein does not consider the encountering of rock, boulders or other conditions that necessitate the use of jackhammers or other coring equipment.  If these conditions are encountered, the customer understands that additional charges that may be involved with this type of activity to complete the job.

4.  Your Cooperation

  • It is our policy to contact the proper utility concern and request that all underground utilities be located. Otherwise, the location of private satellite, well, sprinkler, pool or any other underground utility lines must be clearly marked by the customer and any damage incurred due to incorrect or non- marking will solely be the responsibility of the customer to repair.
  • Your cooperation is important to ensure the most effective results from TR&F.  Whenever conditions are reported in writing by TR&F, and are not corrected by you, TR&F cannot insure satisfactory service.
  • Contact all neighbors before TR&F begins work.  We are not responsible for neighbor disputes.
  • If neighbor dispute(s) happen, TR&F will be paid-in-full for work that has been done and materials purchased for said job.

5.  LIMITED WARRANTY by TR&F

  • TR&F warrants the following customer products described and free from all material and workmanship defects for a period of five (5) years. FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTY OF THIS PRODUCT THE CUSTOMER IS LIMITED TO THE FOLLOWING DAMAGES.
  • Seller’s obligations to customer are limited to the replacement of defective materials or the correction of faulty workmanship.  Replacement of this product or its component part(s) includes installation.
  • Seller is not responsible for injury, property damage or other damages arising directly or indirectly from alleged defect in material and/or workmanship.
  • The warranty only applies to defects resulting from normal use, not  from changes caused by alterations accident, abuse, fire, flood, drought, wind or any other act of nature
  • This warranty covers faulty workmanship related to: wood, chain link fencing and each of the component parts and weld points of customer wrought iron fencing, as well as, wrought iron gate operation.
  • Warranty does not apply to natural changes in wood fencing like warping, splitting, shrinking, twisting cupping, bowing, etc.
  • Warranty does not cover electrical components of gate operators. Please see manufacturer’s warranty.
  • Paint of wrought iron fencing has a limited 30 day warranty.
  • The terms of the warranty begin on the date of installation is completed and continues for a period of five (5) years.
  • To obtain performance of any obligation under this warranty, the customer shall contact FencePro at 972-264-6145.

6.  DISCLAIMER

  • TR&F’s liability under this agreement will be terminated if TR&F is prevented from fulfilling its responsibilities under the terms of this agreement by reason of delays in transportation, shortages of fuel and for materials, strikes, embargoes, fire, flood, quarantine restrictions, earthquake, hurricanes, tornadoes, or any other act of nature or circumstances caused beyond TR&F’s control.
  • TR&F’s disclaimers any liability for any special incidental or consequential damages.  The guarantees stated in the agreement are given in lieu of any other guarantee or warranty expressed or implied, including any warranty of merchant ability or fitness for a particular purpose.
  • TR&F is not responsible for trampled grass or other landscape that occurs during the fence building process.
  • TR&F is not responsible for any underground utilities disrupted.

7.  Change in Law

  • TR&F performs its services in accordance with required Federal , State, and Local laws.  In the event of change in existing law as it pertains to the services promised herein, TR&F reserves the right to revise the service charge or terminate this agreement.

8.  Payment, Non-Payment and Default

  • Fifty (50)% DOWN PAYMENT FOR CASH PURCHASE AND FULL PAYMENT FOR CHARGED PURCHASE is due to start the project and the balance is due upon completion.  All materials remain the property of TR&F until fully paid for and can be REMOVED FOR NON-PAYMENT.  In case of non-payment default by the purchaser, TR&F will place a lien on your property or file a legal suite against the property owner and/or renter.

9.  CANCELLATION

  • You may cancel this transaction without any penalty or obligation within three business days from the described date.  If you cancel, any property traded in, any payment made by you under the contract or sale, any negotiable instrument executed by you will be returned 10 business days following receipt by the merchant of your cancellation notice.  Additionally, any security interest arising out of the transaction will be canceled.  Any cancellation after three business days will result in a 10% administration fee.
  • If any part of this agreement is held or unenforceable for any reason, the remaining terms and conditions of this agreement shall remain in full force and effect.

 

 

Texas Rock and Fence, L.L.C
A Division of FencePro

502 Bonham
Grand Prairie, Texas  75050
972-264-6145

www.FenceProUS.com

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