Terms & Conditions
TERMS & CONDITIONS
These Terms & Conditions form part of and are incorporated into the estimate/contract provided to the customer.
1. SCOPE OF WORK
The work included in this agreement is limited to the items specifically described in the attached estimate/contract. Any item, material, labour or service not specifically listed is excluded unless otherwise agreed to in writing.
2. CONTRACT PRICE
The contract price is based on the scope of work, materials and site conditions described in the estimate. Applicable HST will be added unless otherwise stated.
3. PAYMENT TERMS
A 50% payment is due upon acceptance of the agreement to secure the project and reserve scheduling. The remaining balance is due according to the payment schedule outlined in the agreement.
4. CANCELLATION
If the customer cancels the project after any applicable statutory cancellation period, Fine Fencing & Decks may retain amounts reasonably required to cover costs and commitments incurred as a result of the cancellation, including materials ordered or purchased, delivery charges, labour, subcontractor commitments, equipment, scheduling and other project-related expenses.
Any portion of payments received that exceeds amounts properly owing for costs and commitments incurred will be refunded.
Nothing in these Terms & Conditions limits or excludes any cancellation, refund or other rights the customer may have under applicable Ontario law.
5. CHANGES & ADDITIONAL WORK
Any changes to the agreed scope of work requested by the customer may result in additional charges and/or changes to the project schedule. Additional work will be confirmed in writing and approved by the customer before proceeding, where reasonably possible.
6. MATERIALS
Materials will be supplied according to the specifications set out in the agreement. Material availability, colours, styles and manufacturer specifications may change. Where a specified material becomes unavailable, Fine Fencing & Decks may propose a reasonably comparable alternative for customer approval.
Materials specifically ordered, custom-made or purchased for the project may be subject to supplier return policies and may not be refundable.
7. SCHEDULING & DELAYS
The proposed start date is an estimated date and is subject to weather, material availability, supplier delays, site conditions, permits, customer-requested changes, labour availability and other circumstances beyond Fine Fencing & Decks’ reasonable control.
Fine Fencing & Decks will make reasonable efforts to keep the customer informed of significant scheduling changes.
8. PROPERTY LINES & SETBACKS
The customer is responsible for identifying and confirming property boundaries and any required setbacks unless surveying or property-line services are specifically included in the agreement.
Fine Fencing & Decks is entitled to rely on property-line information, markings or surveys provided by the customer or their representative.
9. UTILITY LOCATES & PRIVATE SERVICES
Fine Fencing & Decks will take reasonable care when excavating and installing fence posts. The customer is responsible for identifying and disclosing private underground services, including irrigation systems, private electrical lines, invisible dog fences, septic systems, drainage systems and other privately installed services.
Fine Fencing & Decks is not responsible for damage to underground services that were not properly identified, disclosed or marked prior to commencement of work.
10. SITE CONDITIONS
The contract price is based on reasonably observable conditions at the time of quoting. Additional charges may apply where unforeseen conditions are encountered, including buried concrete, excessive rock, roots, unsuitable soil, hidden structures, significant grading issues or other concealed conditions that could not reasonably have been identified when the estimate was prepared.
Customer approval will be obtained before proceeding with additional chargeable work, where reasonably possible.
11. EXISTING FENCE & PROPERTY ITEMS
Unless specifically included in the estimate, removal or disposal of existing fences, concrete footings, landscaping, trees, shrubs, structures or other items is not included.
The customer is responsible for removing or protecting personal property, decorations and other items located within or near the work area.
12. LANDSCAPING & GROUND CONDITIONS
Fence installation requires excavation and access to the work area. Minor disturbance to soil, grass, gardens or landscaping immediately surrounding the work area may occur.
Unless specifically included in the agreement, Fine Fencing & Decks is not responsible for landscaping restoration, replacement of grass, reseeding, sod, gardens or other landscaping repairs resulting from normal installation activities.
13. ACCESS TO PROPERTY
The customer agrees to provide reasonable access to the property and work area during the agreed working hours. Delays or additional costs resulting from restricted or unavailable access may be charged to the customer where applicable.
Pets must be secured away from the work area during construction.
14. PERMITS & MUNICIPAL REQUIREMENTS
Unless specifically stated otherwise in the agreement, the customer is responsible for obtaining required permits, approvals or municipal permissions relating to the project.
The customer is responsible for providing Fine Fencing & Decks with any required permit information or restrictions before work begins.
15. WEATHER & WORKING CONDITIONS
Fencing installation is dependent on suitable weather and ground conditions. Work may be postponed where conditions are unsafe or unsuitable for proper installation.
Weather-related scheduling changes will not constitute a breach of this agreement.
16. WARRANTY
Fine Fencing & Decks warrants that its workmanship will be performed with reasonable care and skill.
Workmanship Warranty: ______________________________
Manufacturer warranties, where applicable, are provided according to the manufacturer’s terms.
The warranty does not cover damage or failure caused by misuse, neglect, unauthorized alterations, accidents, animals, third parties, landscaping changes, acts of nature, normal wear and tear, or conditions outside Fine Fencing & Decks’ control.
Nothing in this warranty limits any statutory warranty or consumer right that cannot legally be excluded.
17. COMPLETION & FINAL PAYMENT
Upon completion of the contracted scope of work, the customer will have an opportunity to identify any outstanding items reasonably related to the agreed scope.
Final payment is due in accordance with the payment schedule in the agreement, subject to any applicable statutory holdback requirements.
18. CLEANUP
Fine Fencing & Decks will remove ordinary construction debris generated by the contracted work and will leave the immediate work area reasonably clean upon completion.
Removal of pre-existing debris, excessive customer garbage or materials not generated by Fine Fencing & Decks is excluded unless specifically stated in the agreement.
19. SUBCONTRACTORS
Fine Fencing & Decks may use employees, subcontractors or other qualified trades or suppliers as reasonably required to complete the contracted work.
20. PHOTOGRAPHS
Fine Fencing & Decks may take photographs of the project for documentation, warranty and quality-control purposes.
Photographs used for advertising or promotional purposes will only be used where permitted by applicable law and any required customer consent has been obtained.
21. CUSTOMER ACKNOWLEDGEMENT
By accepting the estimate/contract, the customer confirms that they have reviewed and understand the scope of work, materials, contract price, payment schedule and these Terms & Conditions.
22. ONTARIO LAW & CONSUMER RIGHTS
This agreement is governed by the laws of Ontario.
Nothing in these Terms & Conditions is intended to limit, waive or exclude any right, remedy, cancellation period, warranty, holdback or other protection provided to the customer under applicable Ontario legislation, including the Consumer Protection Act, 2023 and the Construction Act.
Where a provision of these Terms & Conditions conflicts with a mandatory requirement of applicable law, the applicable law will prevail.
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