TERMS AND CONDITIONS
Acceptance – The proposal, when accepted by Redstone Fencing, LLC becomes a contract between the parties and is subject to cancellation only upon Customer’s payment of a fee equal to 20% of the total contract price plus all uncompensated fees and expenses of Redstone Fencing, LLC to the date of cancellation. However, there is a (3) three business day right of cancellation from acceptance signature date. All such fees and expenses shall immediately become due and payable upon cancellation of any contract created hereby. In no event shall Redstone Fencing, LLC be obligated to provide an exchange or refund to Customer for monies paid. Silence on the part of Redstone Fencing, LLC shall not be construed as an acceptance of this proposal.
Termination: Suspension of work and/or removal of materials – In addition to any other rights provided to Redstone Fencing, LLC at law or in equity, Redstone Fencing, LLC reserves the right to terminate any contract created hereby in the event that Customer (i) has been breached, violated, or acted inconsistently with the letter or spirit of terms hereof or any ethical law or regulation; (ii) has provided false information to RedstoneFencing, LLC; or (iii) becomes the subject of a petition in bankruptcy or any insolvency proceeding, whether voluntary or involuntary. Redstone Fencing, LLC reserves the right to suspend work and/or remove materials used on this job without liability to Customer or third parties in the event (i) Customer’s account is delinquent; or (ii) a ruling, regulation, or order issued by a judicial, legislative, or regulatory body causes Redstone Fencing, LLC to believe that the service provided hereunder may be in conflict with such rules, regulations, and/or orders.
Modifications – In the event that Customer requests a change or modification to the parties contract after Redstone Fencing, LLC’s erection crew has delivered materials or Redstone Fencing, LLC has otherwise commenced performance hereunder, the Customer agrees to pay Redstone Fencing, LLC a $250 fee for time lost plus any new material needed.
Property – Customer is solely responsible for locating and staking property line. Redstone Fencing, LLC is not responsible for placement of fence. Customer is responsible for locating underground sprinkler systems and Redstone Fencing, LLC assumes no responsibility for damage to unmarked sprinkler systems. Redstone Fencing, LLC will fix unmarked damaged sprinkler lines at $50 per line.
Staining – Customer shall not have any items on or near fence when staining process begins. Grass is to be cut upon staining crew’s arrival; if not, Redstone Fencing, LLC shall not be held accountable for missed spots near ground. Redstone Fencing, LLC is not responsible for color of stain; Customer must provide color code or color swatch. Customer must cover pool or any other items Customer does not want over spray to fall on.
Warranty – Redstone Fencing, LLC will provide a one year limited labor install warranty on any fence erection. This warranty includes the installation of the fence only, it does not warranty the material itself. Warranty does not cover warpage. Warranty coverage is under the discretion of Redstone Fencing, LLC.
Representation and Warrantles – Customer represents and warrants to Redstone Fencing, LLC that; (i) the undersigned has the full power and authority to enter into and fulfill the terms hereof and
to make the grant of rights to Redstone Fencing, LLC contained herein; (ii) Customer is the owner of the real property on which the job site address listed herein is situated (the “Property”); and (iii) there are no pending actions or proceedings in law or equity and no claims asserted in arbitration, challenging or affecting Customer’s right, title, or interest in the Property, and Customer is not aware of any unasserted claims of any third-party affecting the same.
Redstone Fencing, LLC expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained through or from Redstone Fencing, LLC shall create any warrantee not expressly stated herein. Redstone Fencing, LLC disclaims any warranty that the quality of any products or services will meet Customer’s expectations.
Indemnification – Customer agrees to indemnify, defend, and hold harmless Redstone Fencing, LLC, it’s officers, representative, employees, agents, successors, and assigns, from any claims, liabilities, demand, causes of action, damages, losses and expenses, or investigations, including, without limitation, reasonable attorney’s fees and costs made by any third party due to or arising out of Customer’s conduct and any alleged violation hereof, including, but not limited to, any misrepresentations by Customer.
Waiver of Liability – Redstone Fencing, LLC assumes no responsibility for the timeliness of the services provided hereunder. Customer expressly understands and agrees that Redstone Fencing, LLC and its officers, representative, employees and agents shall not be liable, under any circumstances or legal theories whatsoever, for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of business, profits, goodwill, use, or other intangible losses, resulting from: (i) the use or inability to use the materials, services and/or products thereof; (ii) unauthorized access to or alteration of Redstone Fencing LLC’s materials, services and/or products thereof; (iii) statements or conduct of any third-party; (iv) damage of any nature to underground or out of ground instructions, including, but not limited to, underground sprinkler systems or (v) any other matter relating to the subject matter hereof.
Non-Waiver – The waiver by either party of any breach or failure to enforce any of the terms and conditions hereof at any time should not in any way affect, limit or wave either party’s rights thereafter to enforce and compel strict compliance with every term and condition hereof.
Force Majeure – Redstone Fencing, LLC shall not be liable for any loss or delay resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, labor stoppage, war or military hostilities, or inability of carriers to make schedule deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
Entire Agreement – This constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior agreements with respect hereto are superseded hereby. No amendment or modification is hereof shall be binding unless in writing and duly executed by both parties.
Satisfaction Walk – Redstone Fencing LLC shall offer Customer Satisfaction Walk upon completion of contract herein. If Customer does not complete Satisfaction Walk but Redstone Fencing, LLC receives final payment; the final payment supersedes Satisfaction Walk. Redstone Fencing, LLC shall not be liable or obligated for any non-warranty issues thereafter Satisfaction Walk section of contract and/or receiving final payment.
Severability – The provisions hereof shall be severable and if any provision is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. The respective rights and obligations of the parties hereunder shall indefinitely survive the termination/cancellation hereof to the extent necessary to the intended preservation of such rights and obligations.
No Benefit to Others – The provisions set forth herein are for the sole benefit of the parties hereto and their successors and assigns, and they shall not be construed as conferring any rights on any other persons.
Applicable Law – Regardless of the place of its physical execution and performance, the provisions hereof shall in all respects be construed according to, and the rights and liabilities of the parties hereto shall in all respects be governed by, the Law of the State of Alabama. The parties hereto further acknowledge and consent to the jurisdiction of the Alabama courts, subject to the arbitration provisions contained herein. To the extent permitted by applicable law, the parties hereto waive their rights to trial by jury or any and all disputes arising hereunder.
Customer shall fully cooperate with Redstone Fencing, LLC in the performance of this contract. Customer understands and agrees with the terms and conditions, as stated herein, and acknowledges that it will be bound thereby.
