Terms & Conditions

Regal Fence LLC, hereby sells to the Buyer, the fence, product, or structure previously described, subject to all terms and conditions of this contract, and the purchases in consideration thereof, agree that:

 

1. Responsibility of Buyer.  I agree to locate & identify the property lines, easements, right of ways, encroachments, and all underground cables and pipes, I agree that I am solely responsible for the location of the fence described in this proposal.  I will also defend Regal Fencing and reimburse them for all costs in the connection with any claim made by anyone about the location of the fence.  I am responsible for any special work described in this proposal.  I agree that I am responsible for any required permits, HOA approvals and pool code compliance.

2. Unusual Conditions – Additional Charges.  I agree that Regal Fencing has the right to make additional reasonable charges if unusual above ground or underground conditions hinder the installation.  Such conditions may be rock formations, hidden foundation, trees, tree roots, and other above ground or underground obstacles.

3. Underground Systems.  Buyer agrees that Regal Fence will not be held responsible for damage to any underground pipes, drains, wire cables, foundations, sprinkler system, etc.

4. Landscapes.  Buyer agrees that Regal Fence will not be responsible for any damage or restoration of any part of the landscape that is disturbed during fence installation.  Regal Fence will not be held responsible for damage to trees, shrubs, sod, plants, flowers, or any other landscape related features.

5. Payment.  Failure to pay as agreed will void all warranties, and further, the seller shall have the right to remove fence or other product from buyers’ property without notice.  Should fence or product be removed from lack of payment, all prior payments made by Buyer shall be forfeited, and applied as liquidated damages.  Buyer does hereby Regal Fence, free access to fence or product site in event said fence or product is being removed due to lack of payment and acknowledges that Regal Fence shall not be responsible for any damage to the Buyer’s property if Regal Fence removes the fence or product under this section.  If the unpaid balance is collected by or through court action, an additional 15% of the principal and interest due will be added to the balance in consideration as reasonable costs of collection, in addition to any actual court fees paid.  Payment to Regal Fence, is due to per terms agreed upon will result in a late charge of 3% per month.  There will be a $65.00 charge for returned checks.

6. Disputes.  Buyer agrees that this agreement shall be subject to North Carolina laws and any dispute concerning this contract will be the sole and exclusive jurisdiction of the state courts in Mecklenburg County, North Carolina.

7. Changes / Variations.  Contract price is for the agreed linear footage.  Final linear footage may vary.  Said variation along with any other required or requested changes will be billed on prorated bases and included in any final invoice / bill for services by Regal Fence, which Buyer agrees to pay.

8. Redo Work & Extra Trips.  Buyer shall be present when work commences, unless alternative arrangements are made in advance, to indicate location of fence and gates and to inform workmen of special conditions.  Work accomplished in error due to Buyer’s lack of direction to installer will be corrected at the Buyer’s expense.  Extra trips necessitated by Buyer caused interruptions will be billed to the Buyer at the rate of $200.00 per trip, plus any associated cost of change will be added to the total contract price.

9. Warranties.  Fences are warranted for a period of one (1) year against defects in workmanship; any non-payment of a balance owed by the Buyer, voids the warranty.  Wood fences will split, crack, discolor, shrink / expand, warp, rot and gates will sag.  Regal Fence will charge for repairs to wood fences after installation.  Other than this warranty and the gate warranty found below, there shall be no other expressed or implied warranties, including but not limited to implied warranties of merchantability, or fitness for any particular purpose.  No verbal assurances or warranties will be valid at any time.  Wood fences are not warrantied.

10. Exclusions.  Vandalism, extreme weather, vehicular damage, misuse, climbing, unusual impact or pressure, and normal wear and tear.  Fence materials will change appearance, dimensions, and shape due to the process of aging and exposure to the elements.  Fencing materials are subject to warping and cracking.  Wood fences will split, crack, discolor, shrink / expand, warp, rot and gates will sage.  Defects caused by the above-described natural changes in materials are specifically excluded from this warranty.

11. Gate Warranty.  Gates will be adjusted at no charge for a period of 30-days following the completion of fence installation, provided abuse is not evident.

12. Animal & Child Containment.  Due to the varied surface of the Earth, uneven spaces will exist between the bottom of the fence and the ground.  Pets and children will exploit these spaces to escape.  Pets and children can also climb over any fence.  Buyer agrees that Regal Fence will not be held responsible for the retention of pets or children within installed fences or for damages (whether personal or property damage) resulting from escaping pets or children.

13. Attachment to Masonry.  The attachment of fences and gates to existing masonry structures such as columns, walls, driveways, etc., carries the risk of damage to said structures.  Masonry walls with fences attached are subject to damage from natural elements (ie: wind, fallen tree limbs, etc.).  Buyer agrees that Regal Fence will not be held liable for any damage to masonry structures described within.

14. Scheduling.  Inclement weather conditions, labor availability, unforeseen equipment constraints, etc. can delay the completion of this contract.  Said delays can cause Buyer inconveniences and/or expenses such as lost time at work, pet boarding fees, etc.  Buyer agrees that under no circumstances will Regal Fence be responsible for, allow a reduction in the contract price, nor will reimburse any amount of the payments for the fence or product in order to compensate Buyer for said change in expenses, delays, or inconveniences.

15. Fence Height.  Defined herein as the height of the fence at its tallest point from grade, plus or minus six (6) inches.

16. Site Preparation.  Any needed groundwork or site preparation such as clearing, grading, pruning, etc., is the responsibility of Buyer unless other specific arrangements are made and delineated in this contract agreement.

17. Unless Specified.  Any and all matters relating to the completion of this project will be decided by Regal Fence.  This will include gate replacement, material selection, construction techniques, etc.

18. Cancellation.  If Buyer cancels contract agreement at any point between contract commencement / signature to full completion, then Buyer will be charged for any work performed and/or materials procured for contracted job plus a fee equal to 25% of the total contract value.

19. Material Pricing Changes.  Market variations and pricing fluctuations may occur before job completion.  Buyer is responsible for any variance in original contracted price.  Seller is responsible for providing documentation or proof of material increase through any or all industry partners or distributors.

20. Responsibilities of Regal Fence are limited to that which is described in this contract agreement.  Verbal representations by Regal Fence employees will not be honored.  These Terms & Conditions, together with the Fencing Agreement executed in connection herewith or referenced herein, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties with respect to the subject matter discussed.

License.  Buyer irrevocably grants to Regal Fence the fully transferable right to use any photographs, film, audio or video / visual recordings taken by Regal Fence or its contractors related to the fence, product, process on site or structure on Buyers property and the unrestricted, absolute, and perpetual right to display, promote, advertise, reproduce, copy, modify, or create derivatives in whole or in part of the images or recordings for Regal Fence’s business use.