Terms & Conditions

 

This Fence Installation Agreement (“Agreement”) is made between Fence FL (“Contractor”) and the undersigned customer (“Customer”).

 

Agreement & Scope of Work 

Contractor agrees to furnish materials and perform the installation of fencing as described in the attached estimate, proposal, or work order (“Work”). Any work not specifically listed shall require a written change order signed by both parties. This agreement, along with the estimate or work order, represents the entire agreement between the parties. This agreement is not assignable and no verbal agreements, assumptions, or side discussions shall be binding. The agreement shall be governed by the laws of the State of Florida. Any legal action shall be brought in a Florida court in the county of Contractor’s choosing.

 

Property Lines & Placement

Customer is solely responsible for verifying all property lines and fence placement. Contractor does not guarantee property line accuracy and shall not be liable for any encroachments or boundary disputes. Customer agrees to hold Contractor harmless from any claims arising from improper fence placement. The Contractor requires that the customer have the property surveyed and remain onsite during the entirety of the installation process confirming proper placement and gate functionality.

 

HOA Approval & Permits

Customer is responsible for obtaining all necessary permits, approvals, and Homeowners Association (HOA) authorizations unless otherwise agreed in writing. Customer is responsible for any fees associated with HOA and permit applications, property survey, architectural drawings, notary services. The customer assumes responsibility for compliance with Florida building codes, municipal codes, zoning restrictions, and HOA requirements. The Contractor is not liable if a customer directs work outside code compliance. 

 

Underground Utilities & Conditions 

Contractor will arrange for standard utility location services where required. However, the customer must disclose and clearly mark all underground utilities, wires, cables, gas lines, sprinkler systems, septic systems, pool systems, or other obstructions. Contractor is not responsible for damage to unmarked or improperly marked utilities, sprinkler systems (unless separately covered in writing) and unknown underground obstructions. If undisclosed obstructions are encountered, Contractor reserves the right to adjust pricing and/or stop work until a change order is approved.

 

Site Preparation & Access 

Customer agrees to provide clear access to the installation area, remove obstacles, debris, vegetation, personal property, pets, and ensure the site is accessible prior to the scheduled installation date. Additional charges may apply if the site is not properly prepared. The contractor is not responsible for damage to personal property not clearly covered, stored, marked or removed prior to installation. The customer is responsible for removing any landscaping that causes obstructions in the fence line. The customer is responsible for providing access to a power outlet and water hose line. 

 

Payment Terms

A 50% deposit is required prior to commencement of work. The remaining balance is due immediately upon completion unless otherwise agreed upon. Any unpaid balance after seven (7) days of completion will accrue interest of 1.5% per month (18% annually), the maximum amount allowed by law. The customer agrees to pay all collection costs, including attorney’s fees, in the event of non-payment. Right of access and removal is granted to the contractor in the event of nonpayment along with a lien being placed on the property in accordance with Florida Statutes, Chapter 713 (Construction Lien Law). 

Material & Change Orders

All materials remain the property of Fence FL until paid in full. Variations in color, texture, and natural material behavior (such as wood warping or cracking) are normal and not considered defects. Custom and Special-order materials are non-refundable once ordered. Change orders made within (7) days of installation, or on the day of installation, are subject to a processing and re-ordering fee, in addition to any direct costs of the requested changes.

 

Scheduling & Delays 

Installation dates are estimates and may be affected by weather, material availability, permitting delays, labor or other unforeseen conditions. Confirmation by call, text, or email is sent the day before installation. If the customer does not respond, installation will still proceed as scheduled. If installation is delayed by the customer on the day of install, a rescheduling fee will apply, in addition to any costs already incurred. Force Majeure: Fence FL is not responsible for delays or damages due to events outside its control, including but not limited to hurricanes, natural disasters, acts of government, or supply chain disruptions. 

 

Cancellations & Terminations

Cancellation prior to work beginning may result in forfeiture of deposit. Special-order materials are non-refundable. If work has begun, the customer is responsible for labor and materials incurred. If the customer prevents completion of work, they agree to pay damages of a sum equal to 50% of the contract price, plus costs incurred. Deposits are refundable within twenty-four (24) hours of payment received. A cancellation fee of up to 5% may be applied with written notice. 

 

Limited & Workmanship Warranty

Workmanship is warranted for three (3) years from the date of completion, provided the fence is properly maintained by the customer. Manufacturer warranties apply to materials where applicable. The contractor will provide all warranties in writing to the customer upon completion and any balance paid in full. Warranty does not cover acts of God (storms, hurricanes, flooding), ground movement or settling, misuse, neglect, or alterations.