TERMS AND CONDITIONS

FENCE ESTIMATE & CONTRACTS

Revised July 2022

Once a monetary deposit has been made, the Lynch Fence Co Inc fence estimate becomes a legally binding agreement to both parties on the date when the deposit is received. Customer acknowledges that no verbal agreements have been made. Customer assumes all responsibility for ensuring completeness and accuracy of written description, quantities, layout and fence specifications included in the fence estimate.

Lynch Fence Co Inc will make every effort to install the customer’s fence in the anticipated timeframe that we provide. However, Lynch Fence Co Inc is not responsible for any delays in the start of the installation due to events that are beyond Lynch Fence Co Inc control including existing pending installations or weather. Most fence installations begin within eight to twelve weeks after date of deposit received.

Customer assumes all responsibility for placement of fence line including determining property lines. Lynch Fence Co Inc will not determine layouts based on property surveys and will not locate property pins. Lynch Fence Co Inc takes care near flowers or shrubbery but is not liable for any damage to said flowers or shrubbery during installation or repair. Lynch Fence Co Inc is not liable for any damage to underground or buried utilities such as electrical lines, natural gas lines, propane lines, sprinkler lines, sewage pipes and septic tank systems. Customer assume responsibility to contact DigSafe by calling 811 or by visiting www.digsafe.com 72 hours prior the given installation date. Customer acknowledges that DigSafe is unable to provide guidance or surveying on private underground utilities and it is up to the Customer to disclose this information. Governed under RIGL § 34-10.

After completion of fence installation or repair, if a greater amount of fence or gates are installed which is not listed in the fence estimate Lynch Fence Co Inc reserves the right to charge customer at applicable footage price for actual amounts installed.

Lynch Fence Co Inc is a registered residential and commercial contractor (RI Reg. 26468) within the State of Rhode Island. Customer is responsible for obtaining any necessary permits by city or town, including permit fees, regarding fence installation or repair. A copy of the approved permit may be sent to sales@lynchfence.com.

Unless otherwise directed by customer, in writing, prior to start of installation or repair, fences will be installed to follow the grade of the property so that there are no gaps between the ground and bottom of fence. If changes in grade exist, the top of the fence may not be installed at a consistent level. Lynch Fence Co Inc will re-distribute excavated dirt in the area of the fence installation but will not haul away or move dirt to other parts of customer property, unless otherwise specified in fence estimate.

Any excess or leftover materials, not incorporated into final fence installation or repair, will be the property of Lynch Fence Co Inc unless otherwise stated in fence estimate. All fence material remains the property of Lynch Fence Co Inc until final payment is made in full after fence installation or repair. Lynch Fence Co Inc reserves the right to repossess fence materials from property in the event final payment is not made in a timely manner after installation or repair. A failure to make final payment for a period in excess of (14) days from the date of fence installation shall be deemed a material breech. Customer agrees to pay a late charge of 1% of all payments that are more than (14) days late plus interest at the rate of 1.5% per month.

Customer acknowledges acceptance of Lynch Fence Co Inc warranty of one year after installation date for labor only. Lynch Fence Co Inc guarantees our cedar fence materials to be of high quality. However, due to natural characteristics of cedar wood, it may check and crack. The strength and durability will not be affected.

All fence estimates prices are valid for 30 days after date of estimate, after which they are subject to a change in price and must be estimated again.

Under Rhode Island General Law the customer has 3-day right to cancel after date of deposit received. Customer must give written notice of cancellation no later than midnight on the third day to Lynch Fence Co Inc. After the third day all sales and deposits are final. There will be absolutely no deposit refund for material that has been expressly produced for a specific order. Special and standard materials are non-refundable. Monetary deposits are not refundable if manufacturing and/or ordering of fence material has begun.

By signing your name electronically on this document, you are agreeing that your electronic signature is the legal equivalent of your manual signature on this document.

Credit financing is provided by Synchrony Financial. All promotional financing is subject to customer credit approval. Applications may be electronically submitted by visiting https://www.mysynchrony.com/mmc/HQ213746400