KODIAK FENCE COMPANY

General Terms of Service Agreement

1. Acceptance of Terms

By engaging the services of Kodiak Fence Company (“Company,” “we,” “us,” or “our”), the client (“Client,” “you,” or “your”) agrees to be bound by these Terms of Service (“Agreement”). This Agreement constitutes the entire and only agreement between the Company and the Client and supersedes all prior agreements, representations, and understandings.

2. Services

2.1 Scope of Work

  • The Company agrees to provide fence installation services as detailed in the written estimate
  • Any modifications to the scope must be agreed upon in writing
  • Additional charges may apply for changes requested after work begins

2.2 Project Timeline

  • Start and completion dates will be provided in writing
  • Weather delays and material availability may affect timeline
  • Client will be notified of any significant delays
  • Company is not responsible for delays beyond our control

3. Client Responsibilities

3.1 Property Preparation

  • Ensuring clear access to work areas
  • Removing personal items from fence line
  • Marking or identifying sprinkler systems and utilities
  • Securing pets during installation
  • Providing accurate property line information

3.2 Permits and HOA Approval

  • Client is responsible for obtaining necessary permits
  • Client must secure HOA approval if applicable
  • Company will comply with all local building codes
  • Additional fees may apply for permit-related modifications

4. Pricing and Payment Terms

4.1 Estimates

  • Written estimates valid for 30 days
  • Prices subject to change if scope is modified
  • Material price increases may affect final cost
  • Additional charges for unforeseen obstacles

4.2 Payment Schedule

  • 50% deposit required to schedule installation
  • Remaining balance due upon completion
  • Accepted payment methods: cash, check, credit card
  • 3% processing fee for credit card payments
  • Late payments subject to 1.5% monthly interest

5. Property Issues

5.1 Underground Utilities

  • Client must contact 811 for utility marking
  • Company not responsible for damage to unmarked utilities
  • Additional charges may apply for utility conflicts

5.2 Property Lines

  • Client responsible for accurate property line information
  • Survey recommended for boundary disputes
  • Company not liable for incorrect property line information
  • Relocation costs due to boundary issues are client’s responsibility

6. Installation Conditions

6.1 Site Access

  • Minimum 6-foot clearance required for equipment
  • Additional charges may apply for difficult access
  • Client must provide gate codes or access instructions
  • Driveway damage disclaimer for heavy equipment

6.2 Ground Conditions

  • Extra charges may apply for:
    • Rock removal
    • Poor soil conditions
    • Excessive grading requirements
    • Tree root removal
    • Debris removal

7. Materials

7.1 Selection and Quality

  • All materials meet industry standards
  • Color variations in natural materials may occur
  • Material substitutions may be necessary based on availability
  • Client approval required for significant material changes

7.2 Storage

  • Client responsible for material storage if delivered early
  • Secure storage area must be provided
  • Company not responsible for material damage after delivery

8. Workmanship

8.1 Standards

  • All work performed to industry standards
  • Compliance with local building codes
  • Professional crew supervision
  • Clean and safe work environment maintained

8.2 Inspection

  • Client walk-through upon completion
  • Punch list items addressed within 14 days
  • Final approval required for project completion

9. Cancellation and Termination

9.1 By Client

  • Cancellation fee of 25% if before materials ordered
  • 50% fee if materials ordered but not installed
  • Full payment required if installation begun

9.2 By Company

  • Right to terminate for unsafe conditions
  • Termination for non-payment
  • Breach of agreement terms
  • Force majeure events

10. Warranty and Liability

10.1 Coverage

  • One-year workmanship warranty
  • Manufacturer warranties passed through to client
  • Warranty void if modified by others
  • Warranty claims must be submitted in writing

10.2 Limitations

  • No liability for:
    • Natural disasters
    • Normal wear and tear
    • Improper maintenance
    • Unauthorized modifications
    • Ground settling
    • Environmental conditions

11. Insurance and Licensing

  • Company maintains required insurance coverage
  • Workers’ compensation for all employees
  • General liability insurance
  • Texas state licensing compliance
  • Proof of insurance available upon request

12. Dispute Resolution

12.1 Process

  1. Written notification required
  2. Good faith negotiation attempt
  3. Mediation if necessary
  4. Binding arbitration as last resort

12.2 Governing Law

  • Texas law governs this agreement
  • Venue in [specific] County, Texas
  • Prevailing party entitled to attorney fees

13. Communication

13.1 Methods

  • Written communication required for:
    • Change orders
    • Payment disputes
    • Warranty claims
    • Project delays
    • Material changes

13.2 Response Time

  • 24-hour response to urgent issues
  • 48-hour response to general inquiries
  • Emergency contact information provided

14. Satisfaction Guarantee

  • 100% satisfaction guarantee on workmanship
  • 30-day period for workmanship issues
  • Prompt response to all concerns
  • No charge for warranty-covered repairs

15. Photography and Marketing

  • Company may photograph completed work
  • Use of photos for marketing purposes
  • Client privacy maintained
  • Property address not shared without permission