GENERAL TERMS AND CONDITIONS FOR INSTALLATIONS
1) Scope: This agreement is between you and Collins Iron Works, Inc. t/a Dennisville Fence Company; NJ HIC #13VH00979500. Company Address: 16 Hall Ave. Dennisville, NJ 08214. Under this agreement employees (installation professional / sub-contractor) from Collins Iron Works, Inc t/a Dennisville Fence Will Perform the installation of the product except in the situation of specialty jobs. In this case we will arrange for a specialty installation professional / sub-contractor to do so directly or through an independent sub-contractor authorized by Collins Iron Works, Inc t/a Dennisville Fence as an installation professional / sub-contractor / specialty sub-contractor. Collins Iron Works, Inc t/a Dennisville Fence does not provide or make arrangements for engineering or architectural services or structural changes to buildings. You will not pay anything directly to the professional, although the professional may present this agreement to you for your review and signature and or collect your payment(s) to Collins Iron Works, Inc t/a Dennisville Fence on Collins Iron Works, Inc t/a Dennisville Fence’s behalf. Final job completion is limited to and, subject to any change order will be completed in substantial accordance with the attached invoice of specifications.2) Collins Iron Works, Inc t/a Dennisville Fence will complete installation in a workmanlike manner. Collins Iron Works, Inc t/a Dennisville Fence will not start, conduct, alter, or finish installation except in accordance with applicable law. Collins Iron Works, Inc t/a Dennisville Fence will either not start, or will immediately discontinue installation upon discovery of unforeseen physical or hazardous conditions at your job site or service address. Neither Collins Iron Works, Inc t/a Dennisville Fence or installation professional / sub-contractor will attempt to repair such conditions. Neither Collins Iron Works, Inc t/a Dennisville fence or installation professional / sub-contractor are responsible for identifying property lines, easements, covenants, or other legal encumbrances your job site or service address may be subject to. Survey must be provided to Collins Iron Works, Inc t/a Dennisville Fence for all jobs by customer…no exceptions.
3) PAYMENT TERMS: You agree to pay Collins Iron Works, Inc t/a Dennisville Fence for merchandise delivery and or installation according to the terms and conditions of this agreement. Upon signing contract, 50% of the total contract amount is required. Full balance is to be paid on the date of completion. Payment to Collins Iron Works, Inc t/a Dennisville Fence is to be made to the installation professional / sub-contractor, or other authorized representative acting on behalf of Collins Iron Works, Inc t/a Dennisville Fence via cash, check, credit card or in-house financing.
4) If your job site or service address is subject to any easements, covenants, or other legal encumbrances that could affect installation, you agree to notify Collins Iron Works, Inc t/a Dennisville Fence or installation professional / sub-contractor about them before installation. You agree to facilitate the location of the underground and overhead utility lines and any other items that may interfere with installation including but not limited to sprinkler systems, low voltage wiring, drainage lines, and any electrical, water, gas or cable locations (whether public or private) if the utilities in your municipality do not provide marking services. You agree to allow installation professional / sub-contractors access to work areas during working hours. You agree to ensure that if you have a security system, it does not interfere with installation. You agree not to allow unattended minors at your job site or service address while installation professional / sub-contractor is present. You agree to control pets and keep them away from work areas. You agree to keep posted permits on display at all times. You agree not to assign or transfer this agreement. You agree any claims against Collins Iron Works, Inc t/a Dennisville Fence or installation professional / sub-contractor under this agreement should be made to Collins Iron Works, Inc t/a Dennisville Fence within thirty (30) calendar days of the date you first became aware of a problem. (Collins Iron Works, Inc t/a Dennisville Fence will attempt resolution of any claim(s) within sixty (60) calendar days of receiving your notice. YOU ASSUME THE RISK AND FULL LIABILITY OF ASSISTING COLLINS Iron Works, INC T/A DENNISVILLE FENCE EMPLOYEE OR installation professional / sub-contractor WITH DELIVERY OF MATERIALS OR WITH INSTALLATION.
5) CHANGES AND CHANGE ORDERS: Collins Iron Works, Inc t/a Dennisville Fence, at your request, may arrange for installation professional / sub-contractor to perform additional work, subject to a Change Order, subject to additional charges payable by you to Collins Iron Works, Inc t/a Dennisville Fence. Any changes to installation. For Example: an expansion of the scope of the work will require you, Collins Iron Works, Inc t/a Dennisville Fence, and installation professional / sub-contractor to first sign a written Change Order that will become part of this agreement. Any change order must be clear in scope and specify any additional payment(s) and or changes in anticipated start/finish dates. We are not responsible for any start/finish delays following discovery of previously undisclosed or unidentified legal encumbrances on your premises, building/zoning code violations, or hidden/ unforeseen physical/hazardous conditions such as the presence of debris, mold, asbestos, lead paint, or any conditions differing from what you represented. Collins Iron Works, Inc t/a Dennisville Fence may immediately ask for a change order or discontinue installation without further obligation to you. If you decline a Change Order request, you or Collins Iron Works, Inc t/a Dennisville Fence may terminate this agreement as set forth above.
6) Credit Card Transactions: Your separate cardholder agreement (to which Collins Iron Works, Inc t/a Dennisville Fence is NOT a party) will determine the total cost of your purchase if by credit card, including any initial payment/deposit. You make payment on all interest charges and fees. You will be further subject to your cardholder agreement’s terms and conditions.
7) Financed Transactions: If you are financing this transaction in whole or in part, your separate loan agreement (to which Collins Iron Works, Inc t/a Dennisville Fence is not a part) will determine: (i) the amount being financed (the amount of credit provided to you); (ii) the associated finance charges (the dollar amount the loan will cost you); and (iii) the total payment (the amount you will have paid when you have made all scheduled payments). You will be further subject to your loan agreement’s terms and conditions.
8) Security Interests: Liens: If you make all payments as required under this agreement, no security interest will be placed against your property by Collins Iron Works, Inc t/a Dennisville Fence. If a security interest is placed against your property, it creates a lien, mortgage or other claim against your property to secure payment and may cause a loss of your property if you fail to pay as requested. After paying on any completed phase of installation and before making any further payments. You should request from installation professional / sub-contractor a signed, unconditional release form, or waiver of, any right to place any claim against your property applicable to the work then completed. You may ask an attorney about your rights to discharge security interests.
NOTICE TO CONSUMER,
YOU MAY CANCEL THIS CONTRACT BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY. AFTER RECEIVING A COPY OF THIS CONTRACT, IF YOU WISH TO CANCEL THIS CONTRACT YOU MUST EITHER:
1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR
2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:
16 HALL AVE
DENNISVILLE, N.J. 08214
PHONE: 1-800-499-FENCE OR 609-861-4031.
IF YOU CANCEL THIS CONTRACT WITHIN THE THREE-DAY PERIOD, YOU ARE ENTITLED TO A FULL REFUND OF YOUR MONEY. REFUNDS MUST BE MADE WITHIN 30 DAYS OF THE CONTRACTOR’S RECEIPT OF THE CANCELLATION NOTICE.
10) TERMINATION FEE: There will be a termination fee, equal to 15% of the customer’s deposit, for all NON-SPECIAL ORDER contracts cancelled after the 3 day cancellation period. For example – Total Contract: $6000.00 / Deposit: $3000.00 / 15% Cancellation Fee: $450.00. For all SPECIAL ORDER contracts where the materials have either been produced by our manufacturing facility or received from one of our vendors, cancellation after the three day cancellation period will result in a termination fee equal to 100% of the customers deposit.
11) RETURNS: A 15% restocking fee applies to the return of regular special orders ex. Special orders merchandise that is not custom made. Special orders that are custom made, ex. Uniquely altered, color matched, shaped, sized or otherwise uniquely designed or fitted to accommodate the requirements of a particular space or environment are non-returnable. Exceptions: Cancellations made by midnight on the third business day after the date of your purchase; merchandise incorrectly ordered by Collins Iron Works, Inc t/a Dennisville Fence or installation professional / sub-contractor; or merchandise damaged beyond repair in delivery or by installation professional / sub-contractor.
12) All wood fences other than Milled Spruce Stockade or Split Rail are considered custom wood fences. Should you make any changes in the layout of Aluminum, Chain Link, Vinyl or Cedar Fence on the date of installation resulting in reduced footage or extra materials, these materials are non returnable and must be paid for as per Section #4 of this contract as a “Change Order”.
13) All jobs are subject to a $500 per crew stop work charge if our crews are on-site and ordered to stop work by the local municipality due to non-compliance of these terms.
14) The installation professional / sub-contractor will contact “NJ One Call @ 811 or 1-800-272-1000” to mark electrical, buried natural gas, water and cable locations if the utility provides service in your area. These marks will be with paint and flags and we will hand dig within two feet on either side of any marked facility.
15) Installation professional / sub-contractor is not responsible for any damage to underground utilities, fixtures, wires, piping, sprinklers, etc that are unmarked or marked incorrectly. You shall absorb all costs.
16) PERMITS: Installation professional / sub-contractor will obtain any required permits and permit numbers where necessary at additional cost to you. Some towns may require written permission from neighbors for fence approval. If your home is part of a homeowners Association (HOA), you will need to obtain and provide approvals from the HOA before installation of your job can be scheduled. Customer is responsible for conforming with local zoning by-laws and is responsible for any damages resulting from failure to do so. A Survey is required to apply for a permit.
17) You agree to meet with the installation crew on the day of installation before the installation begins to indicate actual placement of your new fence, deck or railing.
18) The fence will be installed to the contour of the existing ground unless agreed otherwise in writing on change order.
19) You are responsible for establishing your property lines prior to install – a survey by others may be necessary. Where the fence lines are not indicated by survey pins, monuments, or stakes. No responsibility shall rest with the installation professional / sub-contractor for erecting fence on the incorrect property. You hereby agree to indemnify Collins Iron Works, Inc t/a Dennisville Fence and installation professional / sub-contractor and hold it harmless against and in respect to the claims of any persons aggrieved by the location of said fence when erected or by trespasses or damage which may have necessarily been committed or occasioned consciously or unconsciously by our installation crews during the course of installation.
20) To ensure proper installation of your new fence, deck or railing. You agree to clear the work area of all obstructions such as brush, firewood, personal yard items, etc. In the event this is not completed once the crew arrives to begin the project, additional charges via “Change Order” may be accessed to achieve the necessary workspace. You hold Collins Iron Works, Inc t/a Dennisville Fence and installation professional / sub-contractor harmless for any damage to items within the fence line.
21) Installation professional / sub-contractor will take precautionary measures, but is not responsible for any damage to or soiling driveways, walkways, walls, gardens, fresh grading, sod, shrubbery, patios, etc, resulting from gaining access or performing work in the same proximity of your new project. You agree to absorb all costs.
22) Collins Iron Works, Inc. t/a Dennisville Fence will not be held responsible for the modification of the surrounding grade adjacent to the new fence causing a change in the height or causing the gates to contact any obstructions. Ex: Too much sod was laid down after the fence was installed and gates are no longer self closing.
23) LIMITED WARRANTY: TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COLLINS Iron Works, INC T/A DENNISVILLE FENCE WARRANTS THE WORKMANSHIP OF THE INSTALLATION FOR ONE (1) YEAR FROM ITS COMPLETION DATE. CUSTOMER SHOULD NOTIFY COLLINS Iron Works, INC T/A DENNISVILLE FENCE DURING THE WARRANTY PERIOD. COLLINS Iron Works, INC T/A DENNISVILLE FENCE WILL ARRANGE FOR A REPAIR AT NO CHARGE TO THE CUSTOMER FOR ANY DEFECTS DUE TO FAULTY WORKMANSHIP. COLLINS Iron Works, INC T/A DENNISVILLE FENCE’S WARRANTY DOES NOT COVER DAMAGE CAUSED BY ACTS OF NATURE, INSTALLATION OR REPAIRS MADE BY PERSONS OTHER THAN THE AUTHORIZED SERVICE PROVIDER, ABUSE, MISUSE, NEGLECT, LEAVING GATES OPEN, OR NORMAL WEAR AND TEAR. MERCHANDISE AND MATERIALS ARE COVERED EXCLUSIVELY BY THE MANUFACTURER’S WARRANTY, IF ANY.
24) If there is an unpaid balance, at its discretion, Collins Iron Works, Inc t/a Dennisville Fence may temporarily void the warranty (workmanship) until unpaid balance is resolved.
25) You may cancel this agreement at any time prior to midnight of the third business day after the date of this agreement. See Section 9.
26) If the customer fails to make payments under this contract when due then customer shall be liable, in addition to the payments due under this contract, for contractor’s reasonable costs of collection (including reasonable attorney fees) to collect all amounts due from customer under this contract.
27) TRANSFER OF OWNERSHIP: Customer agrees that all materials used remain the exclusive property of Collins Iron Works, Inc. t/a Dennisville Fence until the entire invoice is paid in full, and are subject to real estate liens.
28) Collins Iron Works, Inc. t/a Dennisville Fence maintains General Liability insurance through Dempsey, Weiss & Associates. This agency can be contacted by calling 856-358-3900. The certificate of General Liability insurance for Collins Irons Works, Inc. t/a Dennisville Fence can be obtained by clicking the button below this terms and conditions box.
FOR INFORMATION ABOUT CONTRACTORS AND THE CONTRACTORS’ REGISTRATION ACT, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS AT 1-888-656-6225.