Professional Fence Installation Serving Houston & Surrounding Area - Read More
Provider provides the following express warranties for the work, materials and installation of our fences:
Workmanship Warranty – One (1) Year: Provider warrants that all work will be performed in a good and workmanlike manner consistent with industry standards for fence construction, including:
Texas law implies warranties of merchantability for goods sold by merchants. Texas common law also recognizes implied warranties of good and workmanlike manner for construction services and habitability for residential construction. These warranties are incorporated into this Agreement and are not disclaimed. The express warranties set forth above meet or exceed the requirements of any implied warranties under Texas law.
The warranties provided herein do NOT cover:
To make a warranty claim, Client must: (1) Provide written notice to Provider describing the defect in detail within thirty (30) days of discovery, but in no event later than the expiration of the applicable warranty period; (2) Allow Provider and its representatives reasonable opportunity to inspect the claimed defect at a mutually agreeable time during normal business hours; (3) Allow Provider the sole option to repair or replace the defective work or materials; (4) Provide photographic evidence of the claimed defect; and (5) Refrain from attempting any repairs or allowing third parties to repair the defect prior to Provider’s inspection. Failure to comply with any of these requirements shall void the warranty claim.
Provider’s sole obligation under this warranty is to repair or replace defective materials or workmanship at Provider’s sole option and discretion. Client’s exclusive remedy for breach of warranty is repair or replacement as determined by Provider in its sole discretion. In no event shall Client be entitled to a refund, price reduction, or damages beyond the cost of repair or replacement. Client acknowledges that the remedies provided in this warranty section are Client’s exclusive remedies for defects in materials or workmanship, except as otherwise required by applicable law, including the Texas Deceptive Trade Practices Act and the Texas Residential Construction Liability Act.
This warranty becomes effective only upon payment in full of the Total Agreement Sum, including any Additional Charges or change orders. No warranty coverage exists for unpaid work. Additionally, Provider may suspend performance of warranty work if Client fails to make timely payments as required under Section 3, provided that Provider gives Client written notice and a reasonable opportunity to cure any payment default before suspending warranty obligations. Provider’s warranty obligations shall resume upon Client’s cure of the payment default. Provider reserves the right to place a mechanic’s lien on the Premises for unpaid amounts as permitted under Texas Property Code Chapter 53.
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