Killeen Fence Company  
(254)669-1900   
                  
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Terms of Contract

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By agreeing to allow us to start building process (or upon paying a deposit) you agree to following conditions (terms):

1) Killeen Fence Company LLC is not responsible for terrain changes or "dips" in the grade of customers yard.
2) Killeen Fence Company LLC is not responsible for the "softness" of ground where work takes place.
3) Killeen Fence Company LLC is not responsible for dirt removal due to post hole digging (unless otherwise noted in this contract)
4) Killeen Fence Company LLC is not responsible for sprinkler systems, any repairs offered should be considered an act of kindness (not obligation).
5) Once posts are set by Killeen Fence Company LLC it is the customers responsibility to ensure posts are not disturbed by any person(s) except Killeen Fence Company LLC for remainder of the building process.
6) Killeen Fence Company LLC is given permission to trim/remove any plant, yard decor, etc. obstructing building process.
6) In the case of fence removal, if no post removal charge is applied to customer, old posts are to be cut at or below ground level.
7) Killeen Fence Company LLC is given permission to offset posts to avoid pre-existing posts, sprinkler system damage, underground cables, large tree roots, excessive rocks (especially when no rock charge is applied).
8) Killeen Fence Company LLC warranty does not include acts of nature (weather), fallen trees (or other debris of any kind), damage from vehicles (or damage from any item electric, gas, battery powered or hand tool), damage from animals, vandalism (by others or by customers), warping or bowing, bark, knots, "greying", spliting of wood (checks) or natural aging process. Bark and knots are part of a tree and considered the nature of wood. "Greying" is a natural aging process. Normal and Intended Uses specifically does not include (a) piling snow, earth or other materials either on or against the product; (b) spraying chemicals or water, with heavy mineral content, on the product; (c) damage caused by placing plant life, or other foreign materials in contact with the product; or (d) accidental damage, negligence or other acts of God. Warranties shall only become effective after both parties, including payment in full by the Customer, have completed Orders and shall become null and void if the product is damaged by factors falling outside of normal and intended use. Warranties are ALL: (i) “As-per intended use”, (ii) Limited to replacement of product or value of contract, and The Customer must remain as primary occupant on an uninterrupted basis (NOT TRANSFERABLE).  Killeen Fence Company,LLC is not responsible for falling structures or damages from falling structures built due to aging or otherwise.
9) Customer/tenant is responsible for following any lawn care device's safety instructions.
10)Killeen Fence Company LLC is not responsible for damages to (or theft of) any materials delivered to customer. Any theft of materials delivered are to be replaced at customers expense.
11)In the case of a pool being in yard, Killeen Fence Company LLC is not responsible for any damages involving a pool. In the case of a pool being in yard, Killeen Fence Company LLC is not responsible for any damages involving a pool, due to customers or neighbors yard not being secure.
12)Temporary fences requested to be installed by customer, are to be done so at customers expense.
13)Killeen Fence Company LLC is not required to provide temporary fence during building process.
14)Deposits are required on all contracts unless otherwise agreed upon. In the event of nonpayment or bounced check of deposit, customer agrees to allow Killeen Fence Company LLC to retrieve any materials or tools provided by Killeen Fence Company LLC. In the case of agreement of two payments (initial deposit and final payment), initial deposit is due before permits are submitted or work is scheduled. Final payment is due upon completion.
  In the case of agreement of three payments (initial deposit, second deposit, and final payment), initial deposit is due before permits are submitted or work is scheduled. Second deposit is due when posts are in ground. Final payment is due upon completion.
  In the case that any deposit of payment "bounces", customer is responsible for any overdraft fees incurred to Killeen Fence Company, LLC. If second deposit "bounces", first deposit and any materials purchased are forfeit to Killeen Fence Company LLC. Also in the event of a bounced check proper authorities will be contacted. This term does give opportunity for agreement between customer and Killeen Fence Company LLC.
15)Killeen Fence Company LLC is given permission to use water and electric sources on work site for the purpose of fulfilling contract.
16)Customer understands in building process nails/debris may be on ground. For the safety of all parties involved we ask that great care be taken where work is taking place.
17)Killeen Fence Company LLC is not liable for faulty wiring or weak circuits for electric. Any utility used (ex: water or electric) is to be at customers/tenants expense and not to be reimbursed by Killeen Fence Company LLC.
18)In the case of agreement of two payments (initial deposit and final payment), initial deposit is due before permits are submitted or work is scheduled. Final payment is due upon completion.
19)In the case of agreement of three payments (initial deposit, second deposit, and final payment), initial deposit is due before permits are submitted or work is scheduled. Second deposit is due when posts are in ground. Final payment is due upon completion.
20)In the event that work has been "stopped" or contract has been breached by the customer, full final balance
21)Killeen Fence Company,LLC reserves the right to retrieve any materials and tools
20)In the case that any deposit of payment "bounces", customer is responsible for any overdraft fees incurred to Killeen Fence Company, LLC. If second deposit "bounces", first deposit and any materials purchased are forfeit to Killeen Fence Company LLC. Also in the event of a bounced check proper authorities will be contacted. This term does give opportunity for agreement between customer and Killeen Fence Company LLC.
21)All production is weather and circumstance permitting.
22) Killeen Fence Company is not responsible for any private sprinkler systems, electric lines, drain tiles, septic or sewer lines, water lines, gas lines, invisible fences, cables, wires, fiber optic, not located through Texas 811. Killeen Fence Company assumes no responsibility for damage to lines not marked by Texas 811 or customer.
22)It is the customers responsibility to shelter any pets and also to inform any neighbor that has pets that need to be contained. Killeen Fence Company LLC is not responsible for escaping pets or any circumstance due to an aggressive animal.
23)It is the customers responsibility to know their HOA rules and regulations. Any changes to be done from the original work order requested to meet HOA requirements, are to be done at customers expense.
24)Any changes to be done from the original work order requested are to be done at customers expense.
25)Paying deposit constitutes a signature on behalf of customer to this contract.
26)Work order where no deposit is required but where work is being done constitutes a signature on behalf of the customer to this contract.