1. Scope of Work
- The Contractor (“Mountain View Fencing”) agrees to furnish all labor, materials, equipment, and services necessary to install fencing at the Client’s property as described in the accompanying proposal or invoice. The scope of work will be performed according to industry standards and any applicable local codes or ordinances.
2. Payment Terms
- A deposit of 50% of the total contract price is due at contract signing unless otherwise specified in writing.
- The balance is due upon substantial completion of the project, unless otherwise agreed in writing.
- Payments not received within 10 days of invoice due date may incur a late fee of 1.5% per month on the outstanding balance.
3. Access to Property
- The Client agrees to provide Mountain View Fencing with reasonable access to the work site during normal working hours and shall ensure the work area is free from obstructions and hazards.
4. Permits and Approvals
- Mountain View Fencing will obtain permits only if explicitly included in the contract. Otherwise, the Client is responsible for obtaining any necessary permits, approvals, or variances required by local authorities or homeowner associations.
- The Client is responsible for compliance with local regulations concerning property lines, easements, and fence height or placement restrictions.
5. Utility Locations & Irrigation Lines
- The Client is responsible for identifying and marking all private utilities (e.g., irrigation lines, landscape lighting) before work begins.
- Mountain View Fencing will arrange for public utility locates (e.g., gas, electric, water) through local authorities prior to digging.
- The Client agrees to indemnify Mountain View Fencing for damage to underground obstructions not previously marked. Mountain View Fencing is not responsible for damages to underground sprinklers or drain lines unless the system(s) are adequately and accurately mapped by the Client and a copy is presented before work is performed. The Client expressly agrees to indemnify Mountain View Fencing for any damage to underground sprinklers or drain lines not accurately mapped by the Client. For damages made to any underground sprinkler or drain lines that are not the responsibility of Mountain View Fencing, a 3rd-party company ("Walsh and Co.") can be arranged for timely repair service, and the Client agrees to pay for all associated costs for repair.
6. Change Orders
- Any changes to the original scope of work must be agreed upon in writing and may result in additional charges and revised timelines.
7. Delays
- Mountain View Fencing shall not be liable for delays due to causes beyond its control, including but not limited to weather conditions, material shortages, labor disputes, or unforeseen site conditions.
8. Warranty
- Mountain View Fencing warrants its workmanship for life. This warranty covers any issues arising from the company's installation, ensuring they will repair problems caused by improper installation.
- Materials are warranted only to the extent provided by the material manufacturer.
- This warranty does not cover damage caused by misuse, abuse, neglect, accidents, acts of nature (e.g., storms, floods), or normal wear and tear.
9. Site Conditions
- The Client acknowledges that fence installation may cause minor disturbance to the surrounding landscape and soil. Mountain View Fencing will make reasonable efforts to minimize disruption, but restoration of landscaping is not included unless specified in writing.
10. Ownership and Responsibility
- Once installed, the fence becomes the property and responsibility of the Client. Mountain View Fencing shall have no further obligation beyond warranty service as outlined above.
11. Limitation of Liability
- Mountain View Fencing’s total liability for any claim arising under this contract is limited to the contract price. In no event shall Mountain View Fencing be liable for consequential, incidental, or special damages.
12. Cancellation and Non-Refundable Materials
- If the Client cancels the contract after work has commenced, the Client is responsible for payment for all work completed to date and any materials ordered.
- Client is responsible for all costs of materials that are considered custom or non-refundable materials. Non-refundable or custom materials are defined as: stained material (not limited to pickets, posts, etc.), ornamental products, gates and associated gate hardware, and/or materials that have already been installed and are no longer in their original state. Client is responsible for these costs when the materials have been committed to (i.e. orders have been placed with the supplier), and become non-refundable under all circumstances.
13. Governing Law
- This contract shall be governed by and construed in accordance with the laws of the State of Washington.
14. Entire Agreement
- This document, together with any attached proposal or invoice, constitutes the entire agreement between Mountain View Fencing and the Client and supersedes any prior understandings, agreements, or representations.