Terms of Service

---

 THIS FENCING CONTRACT effective as of acknowledgement on Quickbooks when accepting Quote,  between CDM Construction LLC. and customer.  For Valuable consideration the parties hereby agree as follows:  

1. Acceptance: CDM Construction proposal, estimates and bids comprise the parties’ agreement along with the  following terms and conditions.   
2. Work Site: The Project shall be constructed on the property of the Owner location. All property line stakes and  grade stakes are to be established by Customer.  Fence and all installations are to follow ground lines unless otherwise  provided for in these Terms & Conditions. The customer is solely responsible for identifying and marking property  lines and fence line locations. CDM Construction  and its installers assume no responsibility for location of property  lines and any obstructions. Unless otherwise directed by Customer, the Work and fencing will be installed inside the  property line as Customer has designated. Any alteration or deviation from the specifications involving extra costs will  be charged accordingly.   
3.  Project Schedule: Customer’s project will be placed on CDM Construction’s schedule only after CDM  Construction receives a 50% deposit of the job’s total. The schedule and completion of the project may also be affected  by other unanticipated circumstances, including delays in prior projects, employee illness or emergency, product or  material availability, customer availability or readiness, and other circumstances beyond CDM Construction’s control.  Not all of CDM Construction’s projects involve easy terrain, favorable soil conditions, or fast installation. CDM  Construction will make the best efforts to complete the Work in a timely manner; however, CDM Construction is not  liable for any delays during the project. In the event the Work is delayed, CDM Construction will confer with  Customer to reschedule.Contractor shall commence the work to be performed under this contract on or before the  timeline agreed upon by contractor and client.   
4. Cancellation.  Purchase orders once placed can be canceled only with CDM Construction’s prior written consent, and  then only without loss to CDM Construction, including compensation to CDM Construction for all completed Work, work  in progress, and Work-related special materials, fabrication, assembly, engineering, general, and administrative expenses,  subcontractor cancellation charges, and normal profits. No products associated with CDM Construction’s services may be  returned for credit or adjustment without express prior written permission from CDM Construction.  
5.   Modifications.  CDM Construction reserves the right to change or modify the design and construction of any products or  the procedures and methods for its Work incurring no obligation to furnish or install such changes or modifications on  products previously or subsequently sold or to use such procedures or methods regarding services previously or  subsequently provided.  
6.  Permits: Homeowners are responsible for any such permits and regulatory approvals as may be required by the local  municipal/ county government, or HOA. 
7. Soil Conditions: Contractor shall have no responsibility for the condition of the soil at the work site. Any excavation,  filling or other work required by the owner other than the usual excavation and grading shall be agreed to in a change order  for an amount in addition to the contract price. In addition, please keep in mind that fences will be installed with grade of  land unless the contractor is given specific instruction from the home owner.  
8. Access to Water & Electricity. Some projects may require use of a water and/or electric source. Customer agrees to  allow CDM Construction access to any electrical outlet and all water spigots at the project site. Customer agrees that  Customer and/or Owner is responsible for the cost of the water and electricity.  
9. Property Lines & Neighbors.   When installing a fence within an Owner’s or Customer’s property line, CDM  Construction installers are sometimes required to access or step over property lines when installing fences. Customer is  solely responsible for procuring permission from any neighboring property owners to allow CDM Construction to enter  surrounding property for the limited purpose of the Work. Customer assumes any liability that results from any claim of  trespass and/or a failure to obtain permission for CDM Construction to enter the Owner’s property as necessary or prudent  to perform the Work.  CDM Construction assumes no liability for disputes between neighbors. If a fence cost is to be split  between neighboring properties, both owners must have separate agreements with CDM Construction to authorize work.  Only when the fence cost is split between neighbors, and both neighbors have a contract with CDM Construction, will the  Work and a fence be installed on the property line. Customer agrees to fully indemnify and hold CDM Construction  harmless in any such dispute that may arise regarding disputes over property lines, complaints of trespassing, or other  neighbor complaints, claims or disputes relating to CDM Construction’s Work including any and claims by neighboring or  adjacent property owners.  
10. Damage to Property. All reasonable efforts will be made to prevent damage to Customer’s property during installation.  Customer and Owner each agree to hold CDM Construction and its employees and sub-contractors harmless for any damage  to property that could not have reasonably been foreseen, including but not limited to concrete, sod, pavers, flower beds,  decorations, mulch, and pavement. Customer agrees to notify CDM Construction of any damages made by CDM  Construction’s installation team within 24 hours of the occurrence of the damage. If Customer does not timely notify CDM  Construction of damage, Customer and Owner waives any claim Customer may have against CDM Construction with  respect to such damage. 
11.  Insurance: Contractor shall maintain general liability and workers compensation, as well as builder’s risk insurance, if  applicable. An additional charge to cover the cost of a specific coverage will be considered an agreed change order to these  Terms and Conditions.   
12.  Survey and Title: Owner is responsible for pointing out property lines to Contractor, if owner or Contractor has  any doubt about location of property lines owner shall provide contractor with boundary stakes through a licensed  surveyor. The homeowner also needs to provide the contractor with the final plot plan/survey of the property. Any  private utilities that dig safe are unaware of it being the homeowner’s responsibility. If an unmarked line is cut the  homeowner will be responsible for the cost of repairs and CDM Construction LLC will not be held responsible,  this includes electric dog fences.  
13.  Change to Scope of Work: Owner may make changes to the scope of the work at any time, owner agrees to  pay any increase in the cost of the project.  
14. Contract Price and Payment Schedule: Owner agrees to pay Contractor the sum of CONTRACT PRICE  for performing the services set forth in the scope of work. Final payment must be made at time of  completion. If invoice is paid via Quickbooks, there will be a 3% CREDIT CARD PROCESSING FEE. To  avoid fees, please mail a check payable to CDM Construction.  
15.  Performance: All work shall be completed in a workmanlike manner and in compliance with all applicable  codes. The contractor agrees to remove all debris and leave the premises in clean conditions.  
16.  Late Payment:   Failure to make payment for a period in excess of thirty (30) days from the due date shall be  deemed a material breach of this contract. The owner agrees to pay a late charge or 1% of all payments that are  more than thirty (30) days late.   
17. Costs of Collection.  Should the Customer default in its obligations herein, the Customer shall, in addition to  other obligations herein, be liable to CDM Construction for all costs of collection, including reasonable attorney’s  fees. In any action (including but not limited to demand, negotiation, mediation, arbitration, litigation, and  judgment enforcement) related to or arising out of these Terms & Conditions, CDM Construction will be entitled to  recover costs and expenses.  
18. Destruction and Damage: If a project is destroyed or damaged for any reason, except where such destruction or  damage was caused by the sole negligence of the contractor, the owner shall pay the contractor for any  additional work done by the contractor in rebuilding or restoring the project.   
19. Limited Warranty.   All material and labor sold hereunder is warranted to be free from installation defects for  a period not to exceed (1) one year from date of completion.  In the event of any breach hereunder, CDM  Construction agrees at its sole discretion to either repair or replace any defects without charge, or the purchase  price refunded at the option of CDM Construction. IN NO EVENT SHALL CDM Construction BE LIABLE  FOR ANY CONSEQUENTIAL DAMAGES. There are no warranties which extend beyond the description on  the face hereof other than CDM Construction guarantees its installation and workmanship for a period of one  (1) year from the date of the completion of the project under normal conditions. Manufacturers’ warranties for  materials, if any, shall pass to Customer to the extent permitted by law, and CDM Construction will use  reasonable efforts to assist Customer in claiming any warranties on materials. CDM Construction is not  responsible for any failure or defect in materials, and nothing shall be construed as rendering CDM  Construction as an agent.  This Limited Warranty does not include any damage due to acts of God; wind  damage; abnormal weather; using the fence or gate in a manner other than how it was designed, installed, and  intended for use; or damage resulting from Customer’s alteration of the fence or gate. Any Work that has been  installed on towers will also be excluded from this warranty, as CDM Construction cannot warrant the integrity  long term. This Limited Warranty is non-transferable and is applicable only to the original Customer. This  Limited Warranty is void and does not take effect until the Work is paid in full. If a customer has a warranty  claim, the customer must submit it in writing to CDM Construction in writing. THE EXPRESS LIMITED  WARRANTY SET FORTH IN THIS PARAGRAPH IS EXCLUSIVE AND NO OTHER WARRANTIES OF  ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY  IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,  SHALL APPLY. THE EXPRESS LIMITED WARRANTY SET FORTH IN THIS PARAGRAPH IS  EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL,  WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF  MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY, UNLESS THE  CUSTOMER IS AN INDIVIDUAL, THEN ANY IMPLIED WARRANTIES CUSTOMER HAS SHALL BE  LIMITED TO THE LENGTH OF THE LIMITED WARRANTY OUTLINED IN THIS PARAGRAPH.  
20. Limitation of Liability. The liability of CDM Construction, its agents, employees, subcontractors,  and suppliers regarding all claims arising out of the performance or non-performance of CDM  Construction’s obligations for the design, manufacture, sale, delivery, storage, installation, and/or use  of the products sold under these Terms & Conditions, or the rendition of services, whether based on  warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net  purchase price (excluding taxes and freight) for such products or services, and shall in no event  include damages for loss of profits or revenue; loss by shut-down; increased expense of operation of  facilities or equipment; increased cost of purchasing or providing equipment, materials, supplies or  services; cost of replacement power or capital; claims of Customer’s customers; inventory or use  charges; or incidental, special, or consequential damages of any nature. CDM Construction is not  responsible for any damage to surface or subsurface property, including, trees, shrubs, landscaping,  hardscape, and sprinkler systems, etc. CDM Construction shall not be responsible for any damage to  structures or buildings to which the fence is connected. CDM Construction shall in no way be liable  for claims related to property lines, trespass, or encroachment, and Customer expressly waive such  claims against CDM Construction.  
21. Indemnification. Customer agrees to indemnify and hold harmless CDM Construction, its agents,  employees, subcontractors, and suppliers from all claims of third parties arising from any loss, cost,  expense, or damage incurred or claimed by third parties for property damage, property encroachment or  trespass, and/or bodily injury, including death, to the proportionate extent such damage arises from the  negligence or willful misconduct of Customer or Customer’s employees, guests, invitees,  representatives, agents, or officers.  

ADDITIONAL TERMS & CONDITIONS FOR TEMPORARY FENCE RENTALS 

1. Temporary fence pricing for long-term projects is based on the initial term listed on the agreement which will be billed on a 30 day billing cycle. If the fence is needed beyond the initial term listed on the  agreement a residual fee will apply to all fence and related products on site. Price includes initial delivery, installation and removal, any additional deliveries, moves or removals will be charged based on the pricing in this agreement and new schedule.
2. If a project is  Prevailing Wage, Davis Bacon Rates will be used to estimate wages. Customer is responsible to provide CDM Construction with Wage Rates and Certified payroll forms prior to install. 
3.  Is it the customer’s responsibility to keep the fence line free of vegetation, snow, and any other debris that may affect the lay of the fence. The site must be cleared before delivery of the fence. 
4.  Damages or missing fencing will be billed to the final invoice.  
5. Payment-Customer’s project will be placed on CDM Constructions' schedule only after CDM receives a 50% deposit of the job’s total. Final Payment will be taken when the temporary fence is dropped off to the jobsite.  

TERMS & CONDITIONS  (Upon acceptance of proposal become binding as part of the contract)