Terms of Service for Top Tier Fencing

1. Introduction Welcome to Top Tier Fencing. These Terms of Service ("Terms") govern your use of our services, including fencing consultation, design, estimates, installation, and related communications. Top Tier Fencing was originally established as The Handy Couple and continues to operate with the same integrity and commitment to quality. By accessing or using our services, you agree to be bound by these Terms.

2. Scope of Work Top Tier Fencing provides professional installation of wood, vinyl, aluminum, chain link, and specialty fencing products. Services may include design consultation, site visits, estimates, installation, demolition/removal of existing fencing, and permit coordination. All work will be performed according to the project scope defined in your formal estimate or proposal. Any additional work outside the scope may incur additional charges.

3. Estimates, Deposits, and Payments

Estimates are valid for 3 calendar days from the date issued. After this window, pricing may be subject to change.

A non-refundable deposit is required to secure your place on our schedule and to begin ordering materials.

Deposits are non-refundable in nearly all cases. Especially for custom or special-order items (including but not limited to aluminum, vinyl, chain link, and hardware), deposits cannot be refunded under any circumstances.

If a refund is granted (at our sole discretion), it will be subject to deductions for planning time, permit filing, material restocking fees, and any costs already incurred.

Final payment is due upon project completion. Invoices not paid within 72 hours of completion will incur a 5% late fee, followed by an additional 1% every 48 hours thereafter until paid in full.

Discounts are available for payments made by cash or check. Credit cards are accepted at standard pricing.

Financing is available to qualified customers upon request.

4. Change Orders Any changes to the agreed-upon scope of work must be sumitted in writing and approved by both parties. Changes may result in adjusted pricing or scheduling. Additional labor or materials will be billed accordingly.

5. Property Access, Conditions, and Responsibilities

The client is responsible for ensuring the installation area is clear of obstructions (e.g., debris, landscaping, vehicles, or other barriers). Additional site preparation may incur extra charges.

The client is responsible for marking all private underground lines, including but not limited to irrigation, sprinkler, septic, drainage, and outdoor electrical lines.

We will contact MISS DIG (or appropriate utility locating service) to mark public underground utility lines.

Top Tier Fencing is not liable for any damage to underground utility lines, including private, public, mismarked, or accurately marked lines that are struck during installation.

Clients must provide accurate property lines or surveys. We will install based on the layout provided. We are not responsible for property line disputes or boundary issues.

Clients must ensure the site is free of excessive animal waste. A cleaning surcharge of up to $500 per man-hour may be applied if pet waste is present.

Delays caused by pets, neighbors, restricted access, or failure to provide a clear work area may result in a delay charge of up to $250 per man-hour of idle time.

Clients must provide reasonable access to outdoor water and electricity as needed for installation.

6. Underground Obstacles and Unexpected Conditions If underground obstacles such as rocks, tree roots, concrete, or debris are encountered that were not visible or disclosed prior to the start of work, Top Tier Fencing reserves the right to charge up to $250 per man-hour and additional equipment fees to address the issue. These charges will be communicated before proceeding whenever possible.

7. Installation Methods and Quality Standards All fences are installed in accordance with Top Tier Fencing’s proprietary installation methods and quality standards. Final determination of whether the fence was installed properly rests solely with Top Tier Fencing. We do not install to third-party standards or customer-imposed specifications unless agreed upon in writing.

8. Tolerances and Material Behavior

Minor deviations from perfect alignment, spacing, or levelness may occur due to natural material variation, terrain, and other real-world conditions. These are considered acceptable within industry norms.

Wood pickets may shrink or expand with weather and moisture, resulting in visible gapping or misalignment.

Posts and top lines may not appear perfectly level on sloped or uneven ground.

Reasonable tolerances are determined solely at the discretion of Top Tier Fencing.

9. Fence Line Gaps Due to terrain variation and natural grade changes, gaps may be present at the base of the fence. In some cases, this is necessary or intentional for drainage and longevity. We install fences as close to grade as reasonably possible or as otherwise agreed upon, but we do not guarantee a completely gap-free bottom line.

10. Vinyl Fence Heat Distortion Disclaimer Vinyl fences are susceptible to heat distortion or warping caused by concentrated sunlight reflecting off windows, metal surfaces, or other nearby objects. This type of damage is not covered under warranty.

11. Landscaping and Property Disturbance While reasonable care will be taken to minimize disturbance, Top Tier Fencing is not responsible for damage to turf, landscaping, or vegetation during material delivery, installation, or equipment use unless negligence is proven.

12. Material and Equipment Storage Materials and tools may be staged on-site prior to or during the project. The client agrees to allow temporary storage and assumes responsibility for any damage or theft due to unsecured areas or third-party interference.

13. Seasonal or Weather-Related Adjustments During winter months or when frost or excessive moisture is present, installation methods and timelines may be modified as needed for safety and performance.

14. Drainage and Water Flow Fences may unintentionally alter water flow on the property. Top Tier Fencing is not responsible for drainage issues, pooling, or erosion that may result unless caused directly by installation error.

15. Shared Property Lines and Neighbor Consent It is the client's responsibility to obtain written consent from neighbors when applicable for work along shared property lines. Top Tier Fencing provides a standard Neighbor Consent Form upon request but is not responsible for disputes or shared fence agreements.

16. Structure Tie-Ins When tying into existing fences, garages, or other structures, Top Tier Fencing will make every reasonable effort to ensure a clean and functional connection. However, we are not liable for imperfections or future shifting in structures not installed by us.

17. Acts of God / Force Majeure Top Tier Fencing is not responsible for damage or delays caused by acts of God, including but not limited to storms, flooding, fire, wind, or any unforeseeable event beyond our control.

18. Indemnification By using our services, the client agrees to indemnify, defend, and hold harmless Top Tier Fencing, its owners, employees, and contractors from any and all claims, damages, losses, or expenses (including legal fees) arising from disputes, injury, or legal action related to the installation or use of the fence, to the fullest extent permitted by law.

19. Cancellation and Termination Policy The client may cancel the project in writing prior to material orders or scheduling. However, deposits are non-refundable in nearly all cases. Top Tier Fencing reserves the right to terminate the contract at any time if the client fails to comply with these Terms. Any deposits made will be forfeited if the contract is terminated due to client non-compliance.

20. Changes to Terms We reserve the right to update or modify these Terms at any time without notice. The latest version will always be available upon request or on our website. Continued use of our services constitutes acceptance of any changes.

21. Contact Information For questions about these Terms, please contact us through our website or email us directly.