Terms of Service

Effective Date: January 1, 2025

Welcome to Duck Duck Fence. By using our services, you agree to comply with and be bound by the following terms and conditions. Please review these Terms of Service carefully before engaging our services.

1. Acceptance of Terms

By requesting a quote, scheduling a consultation, or contracting for our fence or gate installation services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

2. Services Provided

Duck Duck Fence provides professional fence and gate installation services, including but not limited to:

• Residential and commercial fence installation
• Custom gate design and installation
• Automated gate system installation
• Fence and gate repair services
• Consultation and design services

All services are subject to availability and scheduling. We reserve the right to refuse service at our discretion.

3. Quotes and Pricing

All quotes provided are estimates based on the information provided at the time of consultation. Final pricing may vary based on:

• Site conditions and accessibility
• Changes to project scope or specifications
• Material availability and pricing fluctuations
• Unforeseen obstacles or complications
• Additional services requested

Quotes are valid for 30 days from the date of issuance unless otherwise specified. We will notify you of any changes to pricing before proceeding with work.

4. Payment Terms

Payment terms will be specified in your service agreement and may include:

• Deposit required to secure scheduling (typically 25-50% of project cost)
• Progress payments for larger projects
• Final payment due upon project completion

Accepted payment methods include cash, check, and major credit cards. A service fee may apply to credit card transactions.

Late payments may be subject to interest charges and may result in suspension of services or legal action to collect outstanding amounts.

5. Project Timeline

We will provide an estimated timeline for your project during consultation. While we strive to complete all projects on schedule, timelines are estimates and may be affected by:

• Weather conditions
• Permit delays
• Material availability
• Site access issues
• Unforeseen complications

We are not liable for delays beyond our reasonable control.

6. Customer Responsibilities

As a customer, you agree to:

• Provide accurate property information and project specifications
• Obtain necessary property owner permissions if you are not the owner
• Ensure clear access to work areas
• Mark or identify underground utilities, sprinkler systems, and other buried infrastructure
• Remove or relocate personal property from work areas
• Secure pets during installation
• Notify us of any site hazards or concerns
• Comply with payment terms

Failure to fulfill these responsibilities may result in project delays, additional charges, or cancellation of services.

7. Permits and Regulations

Most fence and gate installations require permits and must comply with local zoning ordinances, building codes, and HOA regulations. Unless otherwise agreed in writing:

• We can assist with permit applications, but the customer is ultimately responsible for obtaining required permits
• Permit fees are the customer's responsibility unless included in the quote
• The customer is responsible for ensuring compliance with HOA rules and property easements
• Work may not begin until required permits are obtained

8. Property Lines and Boundaries

The customer is responsible for identifying accurate property boundaries. We recommend obtaining a professional survey before installation. We are not responsible for:

• Encroachment onto neighboring properties due to inaccurate boundary information
• Disputes with neighbors regarding fence or gate placement
• Removal or relocation costs if installation is found to be on incorrect property lines

9. Underground Utilities

The customer must arrange for utility locating services (such as 811 call-before-you-dig services) prior to installation. We are not liable for damage to unmarked utilities, private lines, or infrastructure not identified by utility locating services.

10. Warranties

Workmanship Warranty

We warrant our workmanship for a period of one (1) year from the date of project completion. This warranty covers defects in installation and does not cover:

• Normal wear and tear
• Damage caused by weather, accidents, or misuse
• Modifications made by others
• Failure to perform recommended maintenance
• Ground movement or settling

Material Warranties

Materials are covered by manufacturer warranties, which vary by product. We will provide warranty information for materials used in your project. Material warranty claims must be processed according to manufacturer guidelines.

Warranty Limitations

Our warranty is limited to repair or replacement of defective work or materials. We are not liable for consequential or incidental damages. To make a warranty claim, contact us in writing with details of the issue.

11. Limitation of Liability

To the fullest extent permitted by law, Duck Duck Fence's total liability for any claims arising from our services shall not exceed the total amount paid by the customer for the specific project in question.

We are not liable for:

• Indirect, incidental, or consequential damages
• Damage to landscaping, sprinkler systems, or other property not directly caused by negligence
• Loss of use, lost profits, or business interruption
• Acts of nature, including but not limited to severe weather, earthquakes, or flooding
• Damage caused by third parties

12. Cancellation and Refunds

Customer Cancellation

You may cancel your project by providing written notice. Cancellation terms:

• Cancellation more than 7 days before scheduled start: Full refund of deposit minus $100 administrative fee
• Cancellation 3-7 days before scheduled start: 50% refund of deposit
• Cancellation less than 3 days before scheduled start: No refund of deposit
• Cancellation after work has begun: No refund; customer responsible for work completed and materials ordered

Our Cancellation Rights

We reserve the right to cancel or suspend services if:

• Payment terms are not met
• Customer responsibilities are not fulfilled
• Site conditions pose safety hazards
• Required permits are not obtained
• Weather or other conditions make work unsafe or impractical

13. Changes and Modifications

Any changes to the agreed scope of work must be requested in writing and approved by both parties. Change orders may result in adjusted pricing and timelines. We are not obligated to perform work beyond the original scope without a signed change order.

14. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association in Maury County, Tennessee.

15. Intellectual Property

All custom designs, plans, and creative work produced by Duck Duck Fence remain our intellectual property. Customers may not reproduce, modify, or use these designs for other projects without written permission.

16. Photography and Marketing

We may photograph completed projects for marketing and promotional purposes. If you do not wish your project to be photographed or used in marketing materials, please notify us in writing.

17. Safety and Insurance

We maintain general liability insurance and workers' compensation insurance as required by law. We follow industry safety standards and comply with OSHA regulations. Customers and visitors should maintain a safe distance from active work areas.

18. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. Any legal action must be brought in the courts of Maury County, Tennessee.

19. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

20. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be posted on our website with an updated effective date. Continued use of our services after changes constitutes acceptance of the modified terms.

21. Entire Agreement

These Terms of Service, together with any written service agreement and our Privacy Policy, constitute the entire agreement between you and Duck Duck Fence regarding our services.

Contact Information

If you have questions about these Terms of Service, please contact us:

Duck Duck Fence
Chestnut Ridge Road
Columbia, TN 38401
Phone: (931) 505-2391

By engaging our services, you acknowledge that you have read, understood, and agree to these Terms of Service.