Terms & Conditions

All Over Fence & General Contracting, LLC (“AOF”) is a highly rated company that is fully licensed and insured to install fences, railings, and related structures. Your satisfaction is important to us. To ensure your installation is performed in a satisfactory manner, we want to be sure that you have a full and clear understanding of the project installation and know what to expect before, during and after installation and completion of your project.

Scheduling: Before we schedule your project, you must pay a deposit of 50% of the quoted price. Upon payment of the 50% deposit, your project will be placed on AOF’s work schedule, and work on the project will begin as soon as practical. While AOF will attempt to complete your project as scheduled, please be aware that the work schedule may be affected by a number of circumstances as set forth in the terms below, including unfavorable weather. In the unlikely event that your project is delayed, AOF will work with you to reschedule for a mutually convenient time.

Review of Project Prior to Installation: On the day the installers arrive to begin your project, they will review the property boundaries as designated by you, review gate placement, discuss any issues that may interfere with the original plan, and answer any questions you might have.

Respecting your Peace. AOF’s installers will attempt to work efficiently while creating as little inconvenience for you as possible. However, you should expect some noise and foot traffic to and from the installation area.

Satisfactory Completion: Your satisfaction is our priority. When your project is complete, a representative of AOF will review the completed project with you, allow your inspection, and discuss any issues that may arise. Prior to leaving the job site, you will be asked to initial the last section of this Agreement, acknowledging completion of the project to your satisfaction. When the project is completed, final payment of the balance will be due.

Dirt Cleanup: As mentioned above, installing a new fence creates excess dirt due to AOF burying fence posts a minimum of 24 inches into the ground. AOF will relocate the dirt from the installation site to other areas of the property of your choice for a flat fee of $300. If you would like the excess dirt removed from the property, AOF will haul it away for a charge of $300 to $600, depending on the amount of material to be removed.

By signing below, you acknowledge that you have read, understand, and agree to the above Installation Overview.

1. Quote Subject to Change. All prices are quoted based on what the salesman and you, the Customer, discuss. Change orders, hidden obstacles, and added labor will result in additional charges above the quote. If you do not accept the quote within 30 days, it is subject to change. You agree that underlying rocks, concrete, shale, hardpan, hidden pipe, electrical wiring, unexpected soil conditions, and any other objects or substances that will require jack-hammering, blasting, drilling, or extra labor that could not be determined and is unknown to the salesperson at time of estimate will involve extra labor cost. This will result in additional labor and material cost above the quoted estimate when applicable. These circumstances do not occur frequently, but they are always a possibility. In addition, any changes or additions to the project that you request after installation has begun will be subject to additional charges for labor, materials, and time above the quoted estimate. For this reason, AOF quotes state an approximate installation cost and are subject to adjustment based upon these unknown factors and any requested changes.

2. Payment. Prior to scheduling the project, you must pay a minimum deposit of 50% of the quoted amount. The balance will be due immediately upon completion of the project. The greater of 10% of the quoted estimate or AOF’s actual costs if work has begun, will be non-refundable if you terminate the contract. Credit card payments are subject to a 3% convenience charge. Any amounts not paid within 30 days will accrue interest at the rate 18% per year from the project completion date until paid in full.

3. 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 30 days after the project is completed. AOF reserves all legal remedies, including lien rights or litigation, if you fail to make payment in full.

4. Project Schedule. Your project will be placed on AOF’s schedule only after AOF receives: (1) a signed Quote Form; (2) a signed Installation Overview, (3) a signed Terms and Conditions, and (4) a deposit of 50% of the total quoted estimate, all of which must be accepted by AOF. 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 AOF’s projects contain easy terrain, favorable soil conditions, or fast installation. AOF does not believe in taking short cuts to complete a job, 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 unlikely event your project is delayed, AOF will work with you to reschedule for a mutually convenient time.

5. Preparation of Work Site. A minimum clearing of 4 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 job, which may result in 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.

6. 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 2-4 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.

7. 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.

8. 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, the fence may be installed on the property line. AOF assumes no liability for disputes between neighbors. You agree to fully indemnify and hold AOF harmless in any such dispute that may arise.

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.

10. Damage to Property. All efforts will be made to prevent damage to the Customer’s property during installation. The Customer agrees to hold AOF and its employees and sub-contractors harmless for any damage to property that could not have reasonably been foreseen. You agree to notify AOF of any damages made by AOF’s installation team during the final walkthrough and inspection or within 24 hours thereafter at (801) 556-2882.

11. Limited Warranty. AOF guarantees its installation and workmanship for a period of five (5) years 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; abnormal weather and wind; 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. 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.

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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.