Terms of Service

These Terms of Service ("Terms") govern all services provided by EPR Fencing LLC ("Company," "we," "us," or "our") to you ("Client" or "you"). By requesting or accepting any service from EPR Fencing LLC, you agree to these Terms in full.

1. Services

EPR Fencing LLC provides residential and commercial fence installation, repair, and related services in Broward County, Florida and surrounding areas. All work is performed by licensed professionals and carried out in accordance with applicable state and local codes. Compliance with specific local ordinances, HOA rules, or permit requirements is the Client's responsibility unless a separate written scope of work expressly includes permit procurement.

2. Estimates and Pricing

Written estimates are valid for 30 days from the date issued unless otherwise stated. Final pricing may vary if site conditions differ materially from those present at the time of estimation. Any agreed scope changes must be documented in a written change order signed by both parties before additional work begins.

3. Project Contracts — Florida Statute Section 489.126

For any project with a total contract price exceeding $2,500, a written contract will be executed prior to commencement of work. Such contracts will comply with Florida Statute Section 489.126, including required disclosure of payment schedules, deposit limits, and the contractor's license information. The terms of any separately executed project contract govern that specific project and take precedence over these general Terms of Service in the event of a conflict. Changes to these Terms do not modify the terms of any separately executed project contract; each project contract is governed by the Terms in effect at the time of contract signing.

4. Payment

Payment terms are set out in your project proposal or invoice. A deposit may be required before scheduling work. All balances are due upon completion of the project unless otherwise agreed in writing. Accounts not paid within 30 days of the invoice date are subject to a late fee of 1.5% per month on the outstanding balance. In the event collection action becomes necessary, the Client agrees to pay all reasonable attorney fees and collection costs.

5. Cancellation, Deposits, and Refund Policy

This section governs deposit requirements, cancellation rights, and refund entitlements in compliance with Florida Statute Section 501.1375 and applicable consumer protection law.

5a. Deposit Requirements

EPR Fencing LLC may require a deposit before scheduling or commencing work. Deposits are generally calculated as follows:

• Up to 10% of the total contract price for projects where no materials must be specially ordered or fabricated in advance.
• Up to 33% of the total contract price for projects requiring materials to be specially ordered, custom fabricated, or pre-purchased prior to installation.
• The specific deposit amount, if any, will be stated in the written project proposal or contract.

5b. Client Cancellation — Refund Schedule

If you cancel a project, your right to a deposit refund depends on when you cancel and the status of the project at the time of cancellation:

• Full refund: You are entitled to a full refund of any deposit paid if you cancel within 72 hours of signing the contract, provided no materials have been specially ordered and no permit application has been submitted on your behalf.
• Partial refund: If you cancel more than 72 hours after signing, or within 72 hours but after materials have already been ordered or fabricated, your refund will equal the deposit amount paid less the actual, documented cost of any materials already ordered, fabricated, or delivered that cannot be returned or cancelled without penalty. EPR Fencing LLC will provide an itemized accounting of any deducted costs upon request.
• No refund: No deposit refund is available once a permit application has been submitted to the applicable municipality or county on your behalf. Additionally, no refund is available for cancellations made after installation work has commenced.

Any materials already ordered or fabricated at the time of cancellation remain the property of EPR Fencing LLC unless the Client elects to pay for and take delivery of those materials as part of a negotiated resolution.

5c. Cancellation Notice — Client

To cancel a project, you must provide written notice to EPR Fencing LLC by email at [email protected] or by certified mail to our business address. Cancellation is effective on the date written notice is received. Verbal cancellations are not binding on EPR Fencing LLC and do not stop material orders or work scheduling until confirmed in writing.

5d. Cancellation Notice — EPR Fencing LLC

EPR Fencing LLC reserves the right to cancel a project if: (a) site conditions at commencement of work differ materially from those described or observed during estimation and the parties cannot agree on revised pricing; (b) the Client fails to make required payments; or (c) circumstances beyond our control make performance impractical. If EPR Fencing LLC cancels a project for reasons unrelated to Client default, you will receive a full refund of any deposit paid within 10 business days.

5e. Rescheduling

Rescheduling is subject to crew and materials availability. Rescheduling requests made fewer than 48 hours before a scheduled installation date may result in a fee equal to the documented cost of crew time reserved for that date, up to a maximum of $150, unless the rescheduling is due to weather or circumstances beyond your control.

5f. Refund Processing Timeline

All refunds to which a Client is entitled under this section will be processed within 10 business days of the date EPR Fencing LLC receives written cancellation notice and has completed its accounting of any permissible deductions. Refunds will be issued by the same payment method used for the original deposit unless otherwise agreed in writing.

6. Workmanship Warranty

EPR Fencing LLC warrants its workmanship for one (1) year from the date of project completion. This warranty covers defects in installation but does not cover damage caused by Acts of God, third parties, normal wear and tear, or Client modifications. Manufacturer warranties on materials, if any, are passed through to the Client and are subject to the manufacturer's terms.

7. Limitation of Liability

To the maximum extent permitted by applicable law, EPR Fencing LLC's total liability to the Client for any claim arising out of or related to services provided shall not exceed the total amount paid by the Client for the specific project giving rise to the claim. In no event shall EPR Fencing LLC be liable for any indirect, incidental, consequential, special, or punitive damages, even if advised of the possibility of such damages.

8. Indemnification

Each party ("Indemnifying Party") agrees to defend, indemnify, and hold harmless the other party, its officers, employees, and agents ("Indemnified Party") from and against any claims, damages, losses, and expenses, including reasonable attorney fees, arising out of or resulting from the Indemnifying Party's negligence, willful misconduct, or material breach of these Terms, to the extent such claims are caused by the Indemnifying Party.

9. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Broward County, Florida, and each party irrevocably consents to such jurisdiction and venue.

10. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or any services provided by EPR Fencing LLC ("Dispute"), the parties agree to the following resolution process:

1. Good-Faith Negotiation. The aggrieved party shall provide written notice to the other party describing the Dispute in reasonable detail. The parties shall meet and confer in good faith to attempt to resolve the Dispute within 15 business days of such notice.
2. Mediation. If the Dispute is not resolved through negotiation, either party may demand that the Dispute be submitted to non-binding mediation administered by a mutually agreed mediator in Broward County, Florida. Each party shall bear its own costs of mediation, with the mediator's fee split equally.
3. Binding Arbitration. If mediation does not resolve the Dispute within 30 days of the mediation demand, the Dispute shall be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA) in Broward County, Florida. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. This arbitration clause does not prevent either party from seeking emergency injunctive relief from a court where necessary to prevent irreparable harm.

11. Changes to These Terms

We reserve the right to update these Terms at any time. Updated Terms will be posted to this page with a revised effective date. Changes to these Terms do not modify the terms of any separately executed project contract, which are governed by the Terms in effect at the time of contract signing. Your continued use of our services following the posting of updated Terms constitutes acceptance of those changes.

12. Entire Agreement

For projects not governed by a separate written contract, these Terms constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior discussions, representations, or agreements. For projects governed by a separate written contract, these Terms serve as background terms supplemented by the project contract.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

14. Contact

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

EPR Fencing LLC
Broward County, Florida
Phone: (954) 844-2376
Email: [email protected]