DRIVEN FENCE -TERMS AND CONDITIONS
Terms: Lessee – Customer Lessor: Driven Fence, Inc.INSTALLATION: A signed estimate and terms of rental must be received prior to being placed on schedule. Items price includes a one-time installation and one-time pick up. Partial pick-ups will be billed per “additional costs” listed on terms of rental. A representative from the customer must be on site at time of installation or clear markings to the fence path must be provided at time of install. A service call will be billed to return and reconfigure fence that is not marked or directed by contractor. Customer must notify Driven Fence within 7 business days of install of any defects or improper installations and allow Driven Fence the opportunity to review and repair any such issues if deemed necessary. All pricing is based on standard and clear work conditions. Additional charges may apply for unforeseen conditions. Silt and Orange Safety fence is an “install only” item and does not include removal. Area must be cleared of all debris and obstructions in line of fence installation. Driven fence will have all public utilities located by J.U.L.I.E./DIGGER 72 hours prior to installation. Driven Fence is not responsible to mark or locate property lines or private utilities such as underground sprinkler systems, electrical, landscape lighting, etc. Contractor is liable for any underground utility damage due to fence install. Driven Fence Does not obtain any local, state or federal permits. All permits obtained by others. 24 Hour Cancellation notice required. Mobilization fee of $375.00 will apply to orders cancelled after the crew is mobilized.ITEMS SUBJECT TO RENTAL TERMS: Items subject to the terms set forth herein include the fencing materials, tools, & equipment listed on estimate, including any additional items not listed in the estimate that may be needed at the time of installation or additional items rented after the installation date.RENTAL TERM: The rental term begins on the date of installation and shall terminate per the number of months specified in the provided estimate. Lessee shall notify the Lessor, prior to the expiration date, if Lessee intends to extend the rental agreement or equipment will automatically be scheduled for pick up.RENTAL EXTENSIONS: After contract term, customer will be given option to extend rental at an additional cost per foot or schedule a pick up for the products rented. The signature on this proposal gives Driven Fence, Inc., authorization to extend future fence contracts on the above job site without an actual signature for the extension.PAYMENT TERMS: The total rental payment is due upon installation, unless financial arrangements are made prior to installation. If project is being funded through a Title Company, then payment is due within 45 days of invoice and funds must be dispersed directly to Driven Fence, Inc and not to the Lessee. If Lessee fails to comply with payment agreement, after 90 days, Lessor shall re-take possession of the rented items from Lessee and will hold Lessee liable for the balance of the unpaid rent, plus any and all costs to collect such debt. No credit will be given for early returns.Payment is due for material picked up at Driven Fence warehouse unless payment arrangements are made in advance with our accounting department. Credit hold will be placed on accounts with invoices past 60 days (excluding retention)NON -SUFFICIENT FUNDS: The Lessee shall be charged $50.00 for each check that is returned to the Lessor for lack of funds.LOCATION OF FENCE/EQUIPMENT: The fence and or equipment shall remain on the site of installation for the entire duration of the lease agreement. Under no circumstances shall Lessee move any fence or equipment to another location without the consent of the Lessor, a minimum service charge of $375.00 will be charged for pick ups at locations other than the install location. Material picked up at warehouse needs to be returned to warehouse, if not there will be a charge of $375.00 to pick up at job site.CARE AND OPERATIONS OF EQUIPMENT: The Lessee shall ensure that the fence and equipment is used in a careful manner, and is not subjected to careless or needlessly rough usage. At the end of the lease term, all fence and equipment must be returned back to the Lessor in as good condition as it was upon the beginning of the agreement. Lessor shall hold Lessee responsible for all loss, theft, acts of god such as wind and storm related damage, and mechanical damage to the fence or equipment during the rental period, based on the value of such fence and equipment as listed on the written estimate.TRANSFER: The Lessee shall not be entitled to transfer the rental agreement to another party without notifying and obtaining the consent of the Lessor. The rental is not considered terminated until the transfer party contacts the Lessor and agrees to terms and pricing of Driven Fence rental agreement. Lessor will hold Lessee responsible for all rental fees or missing fence and equipment up to the termination or transfer of the lease. ACTS of NATURE: The Lessee is responsible for any damages, injuries or claims as a result of weather and/or wind related movement of the fence. Lessor DOES NOT MAINTAIN THE FENCE DURING THE RENTAL PERIOD. A minimum of $375.00 mobilization will be charged to re-erect fallen fence due to weather related conditions, snapped stands and posts due to high winds, plus additional replacement windscreen, materials and additional labor that may be needed to complete service. INDEMNIFICATION: Lessee shall indemnify and hold harmless lessor from any disputes, law suits, prosecution or legal action pertaining to the IMPROPER OR MISUSE of the rented product. Lessee takes full responsibility for rented products from the moment of install through the moment the product is retrieved by Lessor. Lessor will install product only as directed by Lessee, and Lessee takes full responsibility for location of fence installation.ADDITIONAL COSTS: Additional costs will be billed as follows; Service calls, partial pick-ups, $375 1st hour, $125 each additional hour. Core drilling $15/per hole, hand carrying of material, including sandbags - over 10 ft. $1.00/per foot installed, wait time at $65/hour, any damage or missing fence or fence parts will be charged accordingly: 12x6 Panel @ $300, 10x8 Panel @ $350, Stands @ $50/ea. Posts @ $29/ea. 6' Chain link @ $8/lf. 8’ Chain link @ $10.50/lf.
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Document Name: DRIVEN FENCE -TERMS AND CONDITIONS
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