Contract Terms

Fence Installation Service Contract

76 Fence Terms & Conditions for Service

Please read and understand our full terms and conditions below.

By approving and/or signing our quote you are agreeing to the full terms and conditions.

To fill out our online payment form click here.

To download a full pdf of our agreement please click here.

SERVICE CONTRACT

I.     The Parties. This Service Contract (“Agreement”) Effective Date is Time of Signature. Agreement commences upon signature from Client indicated herein.

Service Provider: CMS Illinois LLC, with a mailing address of 275 Payson St, City of Hoffman Estates, State of Illinois (“Service Provider”), CMS Illinois LLC is also known as 76 Fence and Schaumburg Fence (DBAs).

AND

Client: the person or persons indicated in the signed quote with a corresponding signature of an authorized representative. Client can also refer to a business or legal entity. Client can also be referred to as “Customer”.

Service Provider and Client are each referred to herein as a “Party” and, collectively, as the "Parties."

Quote: the formatted source that indicates products and/or services with associated costs. Quotes are generated online and available as a downloadable pdf file sent via email and/or text messaging. Quotes can also be referred to as “Estimates”.

Project: refers to a fence installation, fence repair, painting, staining, or other construction project. Project can also be referred to as “Job” or “Work”.

NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client hires the Service Provider to work under the terms and conditions hereby agreed upon by the Parties:

II.   Term. The term of this Agreement shall commence on signature date and terminate upon completion of services rendered which is determined wholly by Service Provider.

III.  The Service. The Service Provider agrees to provide the services indicated in signed quote.

IV. Payment Amount. The Client agrees to pay the Service Provider the full amount indicated in signed quote which is the compensation for the Service performed under this Agreement.

V.   Payment Method. The Client shall pay the Payment Amount when invoiced. Payment method can be cash, credit, debit, ACH, physical check, or electronic check.

The Payment Amount and Payment Method collectively shall be referred to as “Compensation”.

VI. Retainer. The retainer amount is the 50% deposit amount agreed to and paid by the Client via the quote. The Retainer is also referred to as the deposit and is non-refundable. Original form of payment to pay the retainer/deposit is kept on file for final payment.

VII.            Payment. Final payment is due the same day of project completion unless other payment arrangements and/or terms are agreed to in writing by the Service Provider. Project completion is determined solely by the Service Provider. Client shall be automatically charged to the form of payment provided on the payment form. By signing the quote, customer agrees to the terms and conditions specified in this agreement. Client agrees to automatically be billed for services determined to be complete by the Service Provider. Payment transactions will come through as CMS Illinois LLC, CMS Trust, or 76 Trust. If any payments are disputed or reversed, Client is responsible for all fees and completing final payment within 3 days. If payment is not made within 3 days, further action will be taken including late fees and added interest. Interest and/or late fees are at the discretion of the Service Provider and will be added to the total balance. Service provider may require an alternate form of payment be provided in these instances such as Cash, Cashier’s Check, Zelle, or Venmo to avoid another disputed or reversed payment. All initial deposits, retainer amounts, and final payments are non-refundable. Any original form of payment submitted to the Service Provider by the Client for the retainer can and may be used to bill out the final payment for the project. Client agrees to the original form of payment being on file and being used

to make payment by the Service Provider on any past, present, or future services. If full payment is not received the day of completion of the project, Client authorizes Service Provider to take collective action. If prior arrangements have not been made in writing and agreed upon by both parties, Client authorizes the Service Provider to remove the entire fence from the property to recoup material costs. Collective action will only take place if prior arrangements have not been made, for example NET15 payment terms for commercial clients.

Financing

 When project is completed, Service Provider expects Client to approve the financing through Wisetack, or finance provider. If Client is financing the entire balance, Client must approve funds and mark project complete so the Service Provider can receive funds up front. Service Provider will not float or cover material and labor costs up front for Clients. Either deposit funds must be paid to the Service Provider, or financing funds must be approved in advance. Service Provider is not obligated to move forward without receiving full funds if Client is financing the entire balance of the project.

Payment Terms

·       If paying by check, checks must be made out to 76 TRUST

·       Additional fees may apply if checks are made out in the incorrect name.

·       There is a 2.9% fee for all electronic transactions including financing, credit, debit, ACH, and e-check and will automatically be applied to all payments.

·       We offer a 5% discount for cash payments (not to be combined with any other offer or discount).

·       For new projects, we have a $3,500 project minimum.

·       There are no discounts on projects costing $3,500 or less.

·       Full payment is required up front for projects costing $3,500 or less

VIII.         Inspections. Payment to the Service Provider is not dependent on city, village, or county inspections. Payment is made when the project is complete, which is solely determined by the Service Provider. If there is a delay in inspections from the governing authority, there will be no delay in payment to the Service Provider. By signing the quote from the Service Provider, the Client agrees to pay the remaining balance immediately upon completion of the project, determined by the Service Provider. Any inspections from municipalities are separate and unrelated to payment or timeliness of payment to the Service Provider. Inspections and permitting costs are non-refundable.

IX.              Escalation Clause. If, during the performance of this contract, the price of materials significantly increases, through no fault of contractor, the price of shall be equitably adjusted by an amount reasonably necessary to cover any such significant price increase. Such increase shall be documented through quotes or invoices.

X.               Private Line Disclosure. Private utility lines, including, but not limited to underground wiring and irrigation systems i.e. sprinkler systems, will be marked or exposed by Owner/Client. Service Provider is not responsible for any damage to unmarked private utilities. If private utilities are not marked at all or are inaccurately marked and damage does occur and that damage is recognized at the time work is underway, the damage will be flagged and left exposed if practical and safe to do so, so that repairs can be made in an efficient manner. Damage will be reported to the Owner/Client and the Owner/Client is responsible for making repairs and all costs associated with them.

XI.              Time is of the Essence. Service Provider acknowledges that time is of the essence in regard to the performance of all Services. Client also acknowledges that time is of the essence when it comes to getting accurate paperwork back to the Service Provider as well as a sense of urgency as it relates to communication.

XII.            Confidentiality. Service Provider and Client both acknowledge and agree that all financial and accounting records, lists of property owned by Client and Service Provider, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client’s or Service Provider’s business is confidential (“Confidential Information”). Therefore, except for disclosures required to be made to advance the business of the Client and/or Service Provider and information which is a matter of public record, The Service Provider or Client shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit or detriment of the Service Provider or the Client, except with the prior written consent of both parties. Client is not permitted to share trade secrets or information pertaining to the Service Provider’s sales and/or operational methodology with competitors in the marketplace who compete in the same industry, for the same or similar services. Client agrees to allow the Service Provider any photographic or videographic media of completed work. Service Provider may film and/or photograph Client’s home for marketing purposes. Client agrees to hold harmless the Service Provider of any liability or legal action regarding photographing or filming their property.

a.)          No Release. Service Provider agrees that the termination of this Agreement shall not release him/her/they from the obligations in this Section.

XIII.  Independent Contractor Status.

a.) Service Provider acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Service Provider shall have no authority to bind or obligate the Client in any manner, nor shall the Service Provider represent to anyone that it has a right to do so.

b.) Client understands that the Service Provider may use independent subcontractors to perform services under this agreement.

XIV.         Warranty and Service Coverage.

a.)          Customer agrees that if no additional service warranty is purchased, that there is no warranty on service labor expressed or implied. Only manufacturer warranty applies to all installation materials, if applicable, and labor is not included. There is no warranty on wood products due to warping, discoloration, cracking etc. These are all normal and can naturally occur with wood products. Service Provider has no obligation to repair or replace warped, cracked, discolored or otherwise imperfect materials. An additional extended warranty can be purchased at 20% of the original purchase price, please see our website for more details.

b.)          Service Provider not responsible for ground quality, sloping, and/or landscaping repairs such as adding top soil, leveling varying grades in yard, and/or filling gaps in fence due to slopes and uneven ground, and damage caused by using heavy machinery on the property. Service provider is not responsible for water buildup or drainage issues on the Client’s property or adjacent property runoff. Water accumulation can cause damage to fence materials, so the Service Provider is in no way responsible for such damage that may occur from such property conditions. The Service Provider is not responsible for muddy conditions or damage from completing the work hired to do, i.e. repeatedly walking across grass and/or plants, removing plants, trees, or bushes in the way of work being completed. Service Provider is not responsible for acts of God such as weather and ground conditions during installation of projects.

c.)          The Service Provider is not responsible for manufacturer defects or specifications such as height, width, material grade, or material quality. If client requests material to be replaced, additional charges for new material and labor to install will be reflected and is the sole responsibility of the Client. The Service Provider is not responsible for any naivete or ignorance of Clients that are not familiar with construction materials and/or methods of construction. For instance, nominal dimensional lumber is not true to size.

d.)          There are various schools of thought when installing fences, which means there are a variety of ways to install a fence. If Client requires the fence to be installed a particular way, we must be notified in advance, in writing, prior to the start of installation. Any and all requested changes must also be signed off on via a signature in the quote or invoice. This pertains to the amount of concrete in a post hole, depth & width of post holes (except as required by the village), post inserts, fence style, racking or stepping of fence, height of fence from the ground, filling gaps in fence, cutting or altering fence panels, etc. Specific requirements by the Client must be detailed in the customer quote prior to the start of installation. If no specific requirements are agreed to in writing by the Service Provider and signed off by the Client, any changes or modifications to the original installation will be the sole responsibility of the Client to pay for labor and materials to make changes. Any specific Client requirements for how the fence must be built must be provided, in writing, to the Service Provider prior to installation beginning. Any and all requested changes must not only in writing and agreed upon by both parties, but also signed off by the Client in the form of a signature on the quote.

XV.         Successors and Assigns. The provisions of this Agreement shall be binding upon and inured to the benefit of heirs, personal representatives, successors, and assigns of the Parties. Any provision hereof which imposes upon the Service Provider or Client an

obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon the Service Provider or Client.

XVI.        Default. In the event of default under this Agreement, the defaulted Client shall reimburse the Service Provider for all costs and expenses reasonably incurred by the Service Provider in connection with the default, including, without limitation, attorney’s fees and collection agency fees. Additionally, in the event of a suit or action is filed to enforce this Agreement or with respect to this Agreement, the defaulted Client will reimburse the Service Provider for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal. If Client does not make payment for the final balance within 30 calendar days, a mechanic’s lien will be filed and placed on the property for which the services are rendered. This agreement serves as notice of intent to lien by the Service Provider indicated herein. All costs associated to legal fees and lien filing costs will be reimbursed by the defaulting party, in this case the Client. Upon default, the Service Provider has the right to collect the full principal balance plus additional collection fees determined by the Service Provider and/or collection agency and/or attorney.

XVII.     No Waiver. No waiver of any provision of this Agreement shall be deemed or shall

constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver, agreed to by both parties, and signed by the Client.

XVIII. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of Illinois.

XIX.        Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

XX.         Cancellation. The Client has 3 days from signature on the quote to terminate the agreement. If the agreement is cancelled within 3 days of signature, a full refund will be provided. After the period of 3 days from signature have elapsed, the Client forfeits the full deposit if a cancellation is requested. Clients must submit, in writing, a formal request of cancellation within 3 days of signature on the quote, proposal, or any other documentation. This shall be in a physical letter to 275 Payson St Hoffman Estates IL 60169 or email directly to schaumburg@76fence.com and the Service Provider must confirm receipt, due to the potential of electronic mail processing errors.

XXI.     Additional Terms & Conditions.

a.)  Any additional services and/or materials needed outside of original scope detailed in invoice shall be billed accordingly. Service Provider shall not be responsible for errors of omission or verbal commitments without a signed amendment, updated quote, or updated invoice to the original signed agreement.

b.) Client is responsible for return shipping costs and/or any other associated fees if materials need to be returned for any reasons including, but not limited to non-HOA approval, non-village approved materials or client change of mind etc.

c.)  All sales include a latch on one side of the gate, if Client requests double latch, it will be an additional cost. Specialty latches, locks, hinges, etc are at the expense of the Client and are not included unless notated in this agreement.

d.) Decorative post caps are not included for wood fences, and can be added for an additional cost, unless otherwise indicated in the signed quote.

e.)  Service Provider may bring extra material to projects, any additional/extra material is the sole property of the Service Provider.

f.)   If Client obtains permit, Client is solely responsible for proper permitting and all fees and costs associated with permit. It is the Client’s responsibility to schedule final inspection upon project completion. If the Service Provider has to get involved with the permitting process at all, communicating with the municipality, submitting documentation, etc. the permitting administration fee will apply and be billed out on the final invoice.

g.) Clients are responsible for determining property lines before work begins. If property lines need to be determined, this is the sole responsibility of the Client.

h.) Client is responsible for HOA approval prior to commencing work. Service Provider not responsible for obtaining HOA approval for the fence style, material, etc. Written HOA approval must be provided to Service Provider prior to start of installation.

i.)   If the neighboring fence is connected or supported by Client’s fence, we will remove per scope of work. The Service Provider will not replace the neighbor’s fence unless contacted by the neighbor and an agreement in writing is made. Service Provider is not responsible for any damage to neighbor’s property.

j.)   By signing the quote, you are agreeing to all the terms of this Agreement and certifying that you own the premises where the products and/or services are being provided.

k.)  By signing the associated quote, Client agrees to clear the entire fence line before work begins, unless alternative arrangements have been made and are detailed in this agreement. If the fence line has debris such as bushes, trees, branches, or other obstacles; Client agrees to pay additional charges to the Service Provider to remove debris and/or obstacles at the expense of the Client at the Service Provider’s discretion. Client is also responsible for disposal fees from any obstacles that are removed. If obstacles are not removed and it impairs the ability of the Service Provider to complete the work successfully, final payment on the entire project is due.

l.)   Due to inflation and other unforeseen increased costs of materials and labor over time, if more than 6 months transpire from the original deposit, the initial deposit is forfeited, and a new quote will need to be provided for the project. For example, say on January 1^st 2024 the Client makes a deposit for a project. After numerous attempts to contact the Client, the Client doesn’t respond to the Service Provider. Then 7 months later, the Client contacts us again in July 2024 wanting to move forward with the project, a new deposit will need to be made for the project. These cases are usually when the village postpones a project or does not allow fencing to be installed for a particular reason. In all those cases, and others not mentioned here, the original deposit will be forfeited. Any delay of 6 months or more will forfeit the original deposit.

XXII.  Privacy

a   Single Point of Contact (SPOC)

i    There shall be one SPOC unless otherwise indicated in this

agreement. Whoever signs the quote is referred to as the Client. The Client shall be the Single Point of Contact for all interactions with the Service Provider. If another interested party needs to be involved, they shall be indicated on the quote. If another other interested party is not indicated in quote; disclosure and/or negotiation of this agreement shall not take place at the behest of the Service Provider. As a matter of privacy and contractual obligations; Service Provider will not discuss and/or make changes to this agreement with any other party other than those indicated herein. Client agrees to be onsite during the time any services are being rendered by the Service Provider.

XXIII.   Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, verbal conversations, text messages, emails, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.

IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers as indicated in the signed associated quote. This is an Agreement between the Parties indicated on the quote, whether that be a business entity, a legal entity, or named individual persons. Those individuals and/or legal entities indicated on the quote are those that are responsible for the entire balance of the quote provided by the Service Provider. The Client who signs and/or is named on the quote is responsible for reading and understanding our entire terms & conditions indicated herein and constitutes a signed and dated written contract/Agreement between both parties.