Terms & Conditions

3. Finished Project. Due to variation in manufactured materials, uneven ground, unexpected ground material, or other conditions, the finished fence may not be or look exactly how you pictured before installation. Notwithstanding, if the fence was installed in substantial compliance with the specifications set forth in the above quote, you shall be liable for the full cost of the fence, including materials, labor, and all other costs and fees.

4. Fence Height. If a fence is built following the elevation of the ground, as is typical, variations in finished height may occur. If the Customer requests that the fence follow a straight line on top, the bottom of the fence will not follow the ground, and gaps may appear under the fence. If you want the gaps filled, you agree to pay an agreed upon additional cost.

5. Payment. Prior to AOF scheduling your project, you must pay a minimum deposit of 50% of the quoted amount. The balance will be due IMMEDIATELY upon substantial completion of the project. Substantial completion is defined as the stage when the owner can use the project for its intended purpose. If the project is missing something (e.g. one or more parts or pieces of material) but is nevertheless substantially complete, you are still responsible to pay the full contract amount in accordance with this Agreement, and AOF will attempt to install the missing item within one week after substantial completion of the project.

Card payments are subject to a 3% convenience charge. Any amounts not paid within two weeks of completion will accrue interest at the rate of 18% per year from the substantial completion date until paid in full. If AOF has not received payment in full after two weeks, it will forward the contract to its attorney for collection action. Customers who do not pay in full within the timeframe stated above shall be responsible for all outstanding amounts, in addition to reasonable attorney fees and costs that AOF has incurred.

6. Termination. AOF incurs costs, both before and after the start of a project, relating to preparation for the project, purchase of materials, mobilization of its workforce, labor, and other efforts. Accordingly, if you terminate this Agreement any time after signing it, but before substantial completion of the project, AOF will be entitled to retain either 10% of the quoted price or the price for material and labor that has already been provided, whichever is more, and which may be taken from any deposit. You agree that in most cases, actual damages would be difficult to calculate with reasonable certainty. Therefore, if AOF chooses, within its sole discretion, to retain 10% of the quoted price, you agree that that amount will constitute liquidated damages, not a penalty. You agree that AOF has the right to cancel the project and this agreement if it deems necessary. In the event AOF cancels, you agree to pay for what has been completed through the date of cancellation, including but not limited to the price of materials and labor.

7. Right to Repossess. You, the Customer, hereby grant to AOF a security interest in the goods and materials sold to you under this Agreement, along with any proceeds therefrom, until payment in full under this Agreement has been received by AOF. You agree to sign and deliver to AOF any document that AOF reasonably requests to perfect this security interest. All materials used for fence installation remain the property of AOF until the invoice is fully paid. You agree to permit AOF to access the property and repossess and remove materials if final payment is not made within two weeks after the project is substantially complete. AOF reserves all legal remedies, including lien rights or litigation, if you fail to make payment in full.

8. Project Schedule. Your project will be placed on AOF's schedule only after AOF receives: (1) a signed installation Agreement, including the Project Quote and the Terms and Conditions, and (2) a deposit of 50% of the total quoted estimate, all of which must be accepted by AQF. The schedule and completion of your project may be affected by unfavorable weather, including snow, rain, hail, muddy terrain, etc. The schedule and completion of your 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 AOF's control. AOF asks for your understanding if there are any delays. Not all of AOF's projects involve easy terrain, favorable soil conditions, or fast installation. AOF does not believe in taking short cuts to complete a project, but believes every detail counts and prefers to pursue the best quality in the long run. AOF will make the best efforts to complete the project in a timely matter; however, AOF is not liable for any delays during the project. In the event your project is delayed, AOF will work with you to reschedule for a mutually convenient time.

9. Building Permits and HOA Approvals. You are solely responsible for any building permits or other permits or approval that may be required by any city, municipality, county, government entity, or homeowners association. AOF does not seek applications for necessary government or HOA approvals that may be required. You are solely responsible and assume all liability for any and all fines, fees, or other penalties that may be assessed on the basis of any permit, approval, or lack thereof. You agree to fully indemnify and hold AOF harmless for any such penalty.

9. Preparation of Work Site. A minimum clearing of four feet along the intended fence line is required for proper installation of your fence. You are responsible for clearing this path of trees, shrubs, rocks, and any other obstacles. You agree to prepare the work site by ensuring that it is clean, clear, and accessible for proper installation. You agree to keep children, pets, bushes, shrubs, and pet feces away from the work site. If the work site is not prepared for installation, the installers may leave the premises and proceed to the next project, which may result in an added trip fee. In the event that you, the Customer decide to reschedule due to non-clearance, you will be charged for an added trip fee. If you would like AOF to clear the path, please let us know ahead of time, and this additional work can be added to your estimate and performed for an additional fee, you agree to assume responsibility for any damage to items along the fence line that were not moved in preparation for installation or that are unmovable, such as sheds, flower beds, decorations, patios, lighting, cables, and so on. You agree not to hold AOF responsible for damages when a four-foot clean clearance is not available for AOF to work in.

10. Access to Water. Some projects may require use of a water source. You agree to allow us access to any water spigot at the project site. You agree that you are responsible for the cost of the water.

11. Access to Electricity. Some projects may require electricity. You agree to allow us access to any electrical outlet at the project site. You agree that you are responsible for the cost of the electricity.

12. Blue Stakes. Before beginning installation of your project, AOF will contact Blue Stakes of Utah to have your underground public utility lines located and marked prior to installation. Blue Stakes will usually mark the location of the utility lines within two to four business days. However, there are some items that Blue Stakes will not mark. It is important that prior to installation, you identify and accurately mark the location of any or all the following items and bring them to the attention of your installer during the pre-installation meeting:

a. Underground sprinkler lines and wiring;

b. Underground water lines that feed swimming pools, water features, outbuildings, etc.;

c. Underground electrical lines that feed swimming pools, water features, outbuildings, outdoor lighting, etc.;

d. Irrigation piping, French drains, septic drainage areas, etc.;

e. Any electrical, water, gas, phone, or cable feeds for which the utility companies in your area do not provide locating services;

f. Any other private utilities, underground items or hazards of which you are aware and that are not immediately visible or apparent.

AOF is not responsible for damage to any unmarked or incorrectly marked line, wire, or other object. Under Utah law, AOF is not permitted to use machinery to dig any holes within 24 inches of any markings. Such holes are required to be dug by hand. Each hand-dug post will be an additional $10 added to the quoted estimate.

13. Sprinkler Lines & Repairs. Every reasonable effort will be made to avoid damage to sprinkler lines and sprinkler heads that you have marked. However, this is not always possible. AOF is not responsible for any unmarked or incorrectly marked sprinkler heads or lines damaged during the time of digging and setting posts. The cost of repairing damaged sprinkler lines and heads will be your responsibility. If post placements for your project cannot avoid sprinkler lines and/or utility lines, it may be necessary to alter the design of your project to avoid potential service outages and additional costs.

14. Property Lines. You are solely responsible for identifying and marking property lines and fence line locations. AOF and its installers assume no responsibility for location of property lines. Unless otherwise directed by you, the fence will be installed inside the property line you have designated, If the fence cost is to be split between neighbors, both neighbors must have separate contracts. When the fence cost is split between neighbors, and both neighbors have a contract with AOF, the fence may be installed on the property line. If neighbors do not have separate contracts, only the Customer with a contract with AOF shall be held legally responsible for making payment in full to AOF and shall be solely responsible for collecting the shared cost, if any, from their neighbor.

Even when installing a fence within a customer's property line, AOF installers are sometimes required to step over property lines when installing fences. You are responsible for procuring permission from any neighboring property owners to allow AOF to enter surrounding property for the limited purpose of installing your fence. You assume any liability that results from a failure to get permission for AOF to enter the property needed to install the fences.

AOF assumes no liability for disputes between neighbors. You agree to fully indemnify and hold AOF harmless in any such dispute that may arise regarding disputes over property lines, complaints of trespassing, or other neighbor complaints.

15. Building Permits and HOA Approvals. You are solely responsible for any building permits or other permits or approval that may be required by any city, municipality, county, government entity, or homeowners association. AOF does not seek applications for necessary government or HOA approvals that may be required. You are solely responsible and assume all liability for any and all fines, fees, or other penalties that may be assessed on the basis of any permit, approval, or lack thereof. You agree to fully indemnify and hold AOF harmless for any such penalty.

16. Damage to Property. All efforts will be made to prevent damage to your property during installation. You agree to hold AOF 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. You agree to notify AOF of any damages made by AOF's installation team within 24 hours of the occurrence of the damage at (801) 556-2882. If you do not notify AOF of damage within this time frame, you waive any claim you may have against AOF with respect to such damage. In no event will AOF be responsible for gates or fences damaged due to wind.

17. Equipment Risks. Some projects require use of equipment, including heavy equipment, and sometimes we have to leave this equipment and other materials at the project site for projects that take longer than one day. You agree to assume all risk and liability for any damage, injury, death, or harm that may be associated with any equipment or materials at or near the project site and agree to release us from the same. You also agree not to take or damage our equipment or materials or allow your family members or guests to do so.

18. Limited Warranty. AOF guarantees its installation and workmanship for a period of one (5) year from the date of the completion of the project under normal conditions. Manufacturers' warranties for materials, if any, shall pass to you to the extent permitted by law, and AOF will use reasonable efforts to assist you in claiming any warranties on materials. AOF is not responsible for any failure or defect in materials, and nothing shall be construed as rendering AOF as your 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 your alteration of the fence or gate. Any job that has been installed on towers will also be excluded from this extended warranty, as AOF can not warrant the integrity long term. This Limited Warranty is non-transferable and is applicable only to you, the original Customer. This Limited Warranty is void and does not take effect until the project is paid in full. If you have a warranty claim, you must submit it in writing to AOF by sending an email to info@alloverfence.com.

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.

19. Limitation of Liability. The liability of AOF, its agents, employees, subcontractors, and suppliers regarding all claims arising out of the performance or non-performance of AOF's obligations for the design, manufacture, sale, delivery, storage, installation, and/or use of the products sold under this Agreement, 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 your customers; inventory or use charges; or incidental, special, or consequential damages of any nature. AOF is not responsible for any damage to surface or subsurface property, including, trees, shrubs, landscaping, hardscape, and sprinkler systems, etc. AOF shall not be responsible for any damage to structures or buildings to which the fence is connected. AOF shall in no way be liable for claims related to property lines, trespass, or encroachment, and you expressly waive such claims against AOF.

20. Indemnification. You agree to indemnify and hold harmless AOF, 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 you or your employees, guests, invitees, representatives, agents, or officers.

21. Miscellaneous Provisions.

a. Choice of Law, Venue, and Jurisdiction. This Agreement will be interpreted in accordance with the laws of the State of Utah. Utah will have exclusive jurisdiction over any dispute arising from or related to this Agreement. Venue in Salt Lake County will be proper.

b. Binding. This Agreement is binding upon the parties and their agents, officers, principals, members, owners, employees, affiliates, representatives, insurers, executors, administrators, heirs, successors, and assigns of every kind.

c. No Waiver. No breach of this Agreement will be waived unless it is expressly waived in writing.

d. No Oral Modification. This Agreement may be amended or modified only by written instrument executed by each of the Parties.

e. Interpretation, No provision in this Agreement may be interpreted for or against a Party because that Party or its counsel drafted such provision.

f. Severability. If any provision of this Agreement proves to be unenforceable, the remaining provisions will remain in full force and effect.

g. Counterparts: Electronic Delivery. This Agreement may be executed electronically, including via email, and in counterparts.

h. Attorney Fees. In any action (including but not limited to demand, negotiation, mediation, arbitration, litigation, and judgment enforcement) related to or arising out of this Agreement, the prevailing party will be entitled to recover costs and expenses, including but not limited to reasonable attorney fees, expert witness fees, deposition costs, collection costs, and other expenses, whether incurred through legal action or otherwise and whether incurred before or after judgment.

i. Entire Agreement. This Agreement and its exhibits, if any, represent the entire understanding, intent, and agreement among the Parties, and supersede all prior oral or written representations pertaining to the subject matter of this Agreement.

22. Certification. You represent and warrant that you, the Customer: (1) have the authority and capacity to enter into this agreement; and (2) are the legal owner of the property upon which the project will be constructed or has the legal right to permit the installation of the project. In the event this representation is not true or accurate, you shall be responsible for all resulting losses, fees, and costs.

23. Voluntary Act and Legal Representation. By your signature below, you, the Customer, represent that you: (1) freely and voluntarily enter into this Agreement, (2) have thoroughly read this Agreement, (3) understand the terms of this Agreement, and (4) have conferred with, have had the opportunity to confer with, or waive the opportunity to confer with legal counsel with regard to this Agreement.

By signing below, you, the Customer, acknowledge that you have read, understand, and agree to the above Terms and Conditions.