Mack Fencing & construction Services is a highly rated company that is fully licensed and insured to install fences, railings, concrete and construction work. 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 Mack Fencing & construction Services work schedule, and work on the project will begin as soon as practical. While we 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, We 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. Mack Fencing & construction Services 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 Mack Fencing & construction Services 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 Mack Fencing & construction Services burying fence posts a minimum of 24 inches into the ground. We 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, Mack Fencing & construction Services will haul it away for a charge of $300 to $600, depending on the amount of material to be removed.

1. Quote Subject to change. All prices are quoted based on what the salesman and you, the Customer, discuss. At times, measurements taken during a quote do not align with the measurements of the final work due to a change in fence and construction location, or the Customer’s request for more or less fencing than originally quoted. If you change the fence location or decide you want more or less fencing, you agree that such changes may result in additional charges above the quote. 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 result in additional labor and material cost above the quoted estimate when applicable. These circumstances do not occur frequentiy, 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, Company quotes state an approximate installation cost and are subject to adjustment based upon these unknown factors and any requested changes.

2. Dirt Cleanup. Fence posts are installed a minimum of 24 inches into the ground. The necessary digging will result in several gallons of excess dirt. We will relocate the dirt to other areas of the project location for a flat fee. If you would like the excess dirt removed from the property instead, we will haul it away for an additional charge, depending on the amount of excess dirt and material to be removed. See the quote above for an estimate of the cost of relocation or removal, depending on your selection.

3. 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.

4. 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.
5. Prior to Mack Fencing & construction Services 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 Mack Fencing & construction Services will attempt to install the missing item within one week after substantial completion of the project.

6. 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 Mack Fencing & construction Services 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 Mack Fencing & construction Services has incurred.
7. Mack Fencing & construction Services 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, we 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 Mack Fencing & construction Services 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 Mack Fencing & construction Services has the right to cancel the project and this agreement if it deems necessary. In the event Mack Fencing & construction Services 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.

8. Right to Repossess. You, the Customer, hereby grant to Mack Fencing & construction Services 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 Mack Fencing & construction Services.You agree to sign and deliver to Mack Fencing & construction Services any document that MACK FENCING & CONSTRUCTION SERVICES reasonably requests to perfect this security interest. All materials used for fence installation remain the property of Mack Fencing & construction Services  until the invoice is fully paid. You agree to permit Mack Fencing & construction Services to access the property and repossess and remove materials if final payment is not made within two weeks after the project is substantially complete. Mack Fencing & construction Services reserves all legal remedies, including lien rights or litigation, if you fail to make payment in full.

9. Project Schedule. Your project will be placed on MACK FENCING & CONSTRUCTION SERVICES ‘s schedule only after MACK FENCING & CONSTRUCTION SERVICES 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 Mack Fencing & construction Services. 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 MACK FENCING & CONSTRUCTION SERVICES ‘s control. MACK FENCING & CONSTRUCTION SERVICES asks for your understanding if there are any delays. Not all of MACK FENCING & CONSTRUCTION SERVICES ‘s projects involve easy terrain, favorable soil conditions, or fast installation. MACK FENCING & CONSTRUCTION SERVICES  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. MACK FENCING & CONSTRUCTION SERVICES will make the best efforts to complete the project in a timely matter; however, MACK FENCING & CONSTRUCTION SERVICES is not liable for any delays during the project. In the event your project is delayed, MACK FENCING & CONSTRUCTION SERVICES will work with you to reschedule for a mutually convenient time.

10. 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. MACK FENCING & CONSTRUCTION SERVICES 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 MACK FENCING & CONSTRUCTION SERVICES harmless for any such penalty.

11. 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 MACK FENCING & CONSTRUCTION SERVICES 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 MACK FENCING & CONSTRUCTION SERVICES responsible for damages when a four-foot clean clearance is not available for MACK FENCING & CONSTRUCTION SERVICES  to work in.
12. 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.

13. 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.

14. Blue Stakes. Before beginning installation of your project, MACK FENCING & CONSTRUCTION SERVICES 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:
15. Underground sprinkler lines and wiring;
16. Underground water lines that feed swimming pools, water features, outbuildings, etc.;
17. Underground electrical lines that feed swimming pools, water features, outbuildings, outdoor lighting, etc.;
18. Irrigation piping, French drains, septic drainage areas, etc.;
19. Any electrical, water, gas, phone, or cable feeds for which the utility companies in your area do not provide locating services;
20. Any other private utilities, underground items or hazards of which you are aware and that are not immediately visible or apparent.

15. MACK FENCING & CONSTRUCTION SERVICES is not responsible for damage to any unmarked or incorrectly marked line, wire, or other object. Under Utah law, MACK FENCING & CONSTRUCTION SERVICES 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.
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17. 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. MACK FENCING & CONSTRUCTION SERVICES 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.

18. Property Lines. You are solely responsible for identifying and marking property lines and fence line locations. MACK FENCING & CONSTRUCTION SERVICES 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 MACK FENCING & CONSTRUCTION SERVICES , the fence may be installed on the property line. If neighbors do not have separate contracts, only the Customer with a contract with MACK FENCING & CONSTRUCTION SERVICES shall be held legally responsible for making payment in full to MACK FENCING & CONSTRUCTION SERVICES  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, MACK FENCING & CONSTRUCTION SERVICES  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 MACK FENCING & CONSTRUCTION SERVICES  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 MACK FENCING & CONSTRUCTION SERVICES  to enter the property needed to install the fences.

19. MACK FENCING & CONSTRUCTION SERVICES assumes no liability for disputes between neighbors. You agree to fully indemnify and hold MACK FENCING & CONSTRUCTION SERVICES harmless in any such dispute that may arise regarding disputes over property lines, complaints of trespassing, or other neighbor complaints.
20. 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. MACK FENCING & CONSTRUCTION SERVICES 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 MACK FENCING & CONSTRUCTION SERVICES harmless for any such penalty.
21. Damage to Property. All efforts will be made to prevent damage to your property during installation. You agree to hold MACK FENCING & CONSTRUCTION SERVICES 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 MACK FENCING & CONSTRUCTION SERVICES of any damages made by MACK FENCING & CONSTRUCTION SERVICES ‘s installation team within 24 hours of the occurrence of the damage at 817-891-7924   . If you do not notify MACK FENCING & CONSTRUCTION SERVICES of damage within this time frame, you waive any claim you may have against MACK FENCING & CONSTRUCTION SERVICES with respect to such damage. In no event will MACK FENCING & CONSTRUCTION SERVICES be responsible for gates or fences damaged due to wind.
22. 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.
23. Limited Warranty. MACK FENCING & CONSTRUCTION SERVICES 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 MACK FENCING & CONSTRUCTION SERVICES will use reasonable efforts to assist you in claiming any warranties on materials. MACK FENCING & CONSTRUCTION SERVICES  is not responsible for any failure or defect in materials, and nothing shall be construed as rendering MACK FENCING & CONSTRUCTION SERVICES  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 MACK FENCING & CONSTRUCTION SERVICES  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 MACK FENCING & CONSTRUCTION SERVICES  by sending an email to tonywilliams81@gmail.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.

24. Limitation of Liability. The liability of MACK FENCING & CONSTRUCTION SERVICES , its agents, employees, subcontractors, and suppliers regarding all claims arising out of the performance or non-performance of MACK FENCING & CONSTRUCTION SERVICES ‘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. MACK FENCING & CONSTRUCTION SERVICES is not responsible for any damage to surface or subsurface property, including, trees, shrubs, landscaping, hardscape, and sprinkler systems, etc. MACK FENCING & CONSTRUCTION SERVICES shall not be responsible for any damage to structures or buildings to which the fence is connected. MACK FENCING & CONSTRUCTION SERVICES  shall in no way be liable for claims related to property lines, trespass, or encroachment, and you expressly waive such claims against MACK FENCING & CONSTRUCTION SERVICES
25. You agree to indemnify and hold harmless MACK FENCING & CONSTRUCTION SERVICES , 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.
26. Miscellaneous Provisions.
27. 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.
28. 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.
29. No Waiver. No breach of this Agreement will be waived unless it is expressly waived in writing.
30. No Oral Modification. This Agreement may be amended or modified only by written instrument executed by each of the Parties.
31. Interpretation, No provision in this Agreement may be interpreted for or against a Party because that Party or its counsel drafted such provision.
32. Severability. If any provision of this Agreement proves to be unenforceable, the remaining provisions will remain in full force and effect.
33. Counterparts: Electronic Delivery. This Agreement may be executed electronically, including via email, and in counterparts.
34. 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.
35. 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.
36. 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.
37. 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.