You, the customer, are responsible for any and all HOA (Homeowners Association), covenant, and/or subdivision rules, permits, regulations, and requirements, including easements. Windsong Fencing Ltd. is not responsible for compliance with any HOA, covenant, and/or subdivision rules, regulations, or requirements, including easements, that Windsong Fencing Ltd. was not informed of prior to providing a price for work to be done. The customer is responsible for informing Windsong Fencing Ltd. of any HOA, covenant, and/or subdivision with jurisdiction over the land where the work will be done and any HOA, covenant, and subdivision rules, regulations, and requirements, including easements, that pertain to the work and presence of Windsong Fencing Ltd. You, the customer, agree to indemnify, defend, and hold harmless Windsong Fencing Ltd. and its owners, affiliates, employees, contractors, subcontractors, associates, and volunteers from anything associated with or related to HOA, covenant, subdivision, and/or easement issues related to information that Windsong Fencing Ltd. was not provided prior to furnishing a price for the work, and/or that Windsong Fencing Ltd. was asked to vary from. You, the customer, are responsible for applying for and obtaining any permits unless otherwise negotiated.

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You, the customer, are responsible for informing Windsong Fencing Ltd. of any and all relevant property lines and boundaries. Windsong Fencing Ltd. does not ordinarily hire surveyors. Windsong Fencing Ltd. must be informed specifically and exactly where property lines and boundaries are located. If a fence being constructed, installed, repaired, or worked on is along, or close to, a property line, it may be necessary to work from a neighbor’s property for part of the time. You, the customer, must communicate with relevant neighbors and property owners or their legal representatives and obtain permission for Windsong Fencing Ltd. to access the property for the work to be done. If a fence is to be installed or constructed along a property line or boundary such that it will exist on both properties, you, the customer, must obtain permission from all relevant neighbors and property owners or their legal representatives. If Windsong Fencing Ltd. is informed that such permission has been granted, and/or informed of any property line or boundary, you, the customer, will indemnify, defend, and hold harmless Windsong Fencing Ltd. and its owners, affiliates, employees, contractors, subcontractors, associates, and volunteers from anything associated with or related to errors in the information that you, the customer, provided to us.

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Windsong Fencing Ltd. is not responsible for damage to any underground utilities, lines, or items not marked by Colorado 811. Any private lines must be marked by the customer, including lines from the meter to the house. Windsong Fencing Ltd. is not responsible for damage to any sprinkler or irrigation lines or components in the work area. Windsong Fencing Ltd. is not responsible for damage to landscaping in the work area. Windsong Fencing Ltd. is not responsible for removal of dirt from the property. By hiring Windsong Fencing Ltd., the customer grants Windsong Fencing Ltd. permission to use water and electricity from the property to perform the work.

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The work performed by Windsong Fencing Ltd. produces some trash. Windsong Fencing Ltd. will remove, or have removed, all trash Windsong Fencing Ltd. produces, within reason. Although Windsong Fencing Ltd. attempts to retain and collect all trash produced by the work, sometimes there are items that are missed, lost, or impossible/infeasible to remove, and Windsong Fencing Ltd. is not responsible for such items. Dirt and any debris found in the dirt is not considered trash. Sometimes, such as in the cases of fence replacements, a significant amount of trash is produced, and in such cases Windsong Fencing Ltd. may leave the trash in a suitable container on the site for later collection by Windsong Fencing Ltd. or a suitable trash removal company. In cases when trash is left for future removal, the removal will be arranged and accomplished within a reasonable time, but sometimes trash removal companies have scheduling and other delays. You, the customer, agree not to use or place trash in any trash containers from Windsong Fencing Ltd. and agree not to allow anyone else to use or place trash in any trash containers left by Windsong Fencing Ltd.

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You, the customer, are responsible to pay Windsong Fencing Ltd. promptly. Some projects will have initial payments and balances due at completion, and some projects will have the complete payment at the end. Some projects will have adjustments, including additions, that are agreed to verbally during the course of the project. You, the customer, must pay all agreed upon amounts prior to or at completion of the work Windsong Fencing Ltd. is hired to do. Payments later than one calendar week after the date of work completion may result in a late fee of 10% of the unpaid balance, and failure to pay after 37 calendar days of work completion may result in an additional late fee of 15% and may also result in interest charges, liens on the property, and debt collections. You, the customer, agree to reimburse Windsong Fencing Ltd. for any fees, costs, and expenses incurred from the delay and from collecting and/or attempting to collect unpaid balances including, but not limited to, filing liens, entering collections, credit card interest, credit card fees, loan interest, etc. You, the customer, will indemnify, defend, and hold harmless Windsong Fencing Ltd. and its owners, affiliates, employees, contractors, subcontractors, associates, and volunteers from anything associated with or related to the unpaid balance and anything related to or associated with collecting or attempting to collect the unpaid balance. Wire transfers will incur a $50 fee and returned checks will incur a $50 fee, per occurrence. Neglecting to impose any of the fees or charges described herein will not waive the right to impose said fee or charge in the future nor does it waive the right to impose other fees or charges described herein.

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If any portion of these Terms and Conditions are found to be unlawful or unenforceable, whatever has not been found to be unlawful or unenforceable shall remain legally binding.

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