Workmanship Warranty

Workmanship Warranty. DC Fencing LLC warrants the workmanship of fence installation for three (3) years from substantial completion. Coverage is labor/workmanship only. Materials are not warranted by DC Fencing LLC. If a manufacturer offers a material warranty, Owner must pursue it directly.

Fence Types Covered. Sheet-metal, wood, chain link, and vinyl.

Exclusions (all types). No coverage for: acts of God (wind, hail, flood, snow/ice loads); impact; misuse/abuse; alterations or tie-ins by others; soil movement, heave, settlement, or poor drainage; corrosion or chemical exposure (sprinklers, fertilizers, pool water, de-icers, salt, animal waste, dissimilar-metal contact); grade changes; concrete/footing cracking not caused by our defective workmanship; and normal appearance traits that do not affect function.

Material-Specific Notes.
• Wood — Mandatory Maintenance Condition. Owner must stain or seal all wood components within 60 days of substantial completion and at least once every 12 months thereafter. Keep reasonable proof (dated photos, receipts). Failure to perform this maintenance on schedule voids the entire workmanship warranty for the project.
• Chain link: Minor fabric waviness, impact-related tension loss, and abrasion wear are excluded. Finish performance is a material issue.
• Vinyl: Normal expansion/contraction, minor chalking/fading, and color variation are not defects. Brittleness/cracking from cold is a material issue unless caused by our installation error.
• Sheet-metal: Minor waviness/oil-canning, patina, and color variation are not defects.

Owner Care. Keep soil/mulch below panel or picket edges, aim sprinklers away, rinse periodically, avoid dissimilar-metal contact, and follow manufacturer maintenance guidance.

Limitations. Warranty is void if the contract price is unpaid, others modify/repair before our inspection, or maintenance is neglected. Loads/uses must match typical fence use. Gates: alignment and latch/closer adjustments are covered for 90 days; hardware wear and finishes are not covered beyond installation workmanship.

Claims. Send written notice within 30 days of discovery and within the warranty period, with photos and proof of purchase, to [email protected] or DC Fencing LLC, Attn: Warranty Request, 1017 Rosewood Drive, Clovis, NM 88101. Include owner name, installation address, approximate install date, issue description, and phone. Provide reasonable access for inspection.

Remedy. On verification of a covered workmanship defect, DC Fencing LLC will, at its option, repair or replace the affected portion. Color/finish matching will be commercially reasonable, not exact. This is the sole remedy.

Limitations of Liability; Claims. To the fullest extent permitted by New Mexico law: (a) DC Fencing LLC disclaims all warranties not expressly stated herein, including any implied warranties of merchantability, fitness for a particular purpose, habitability, and non-infringement; (b) no oral or prior written statements create any warranty or obligation unless this contract expressly says so; (c) DC Fencing LLC is not liable for any incidental, consequential, special, exemplary, punitive, loss-of-use, delay, diminution-in-value, or lost-profit damages; (d) DC Fencing LLC’s total aggregate liability for any and all claims arising out of the Work, whether in contract, tort (including negligence), strict liability, or otherwise, is capped at the amount actually paid to DC Fencing LLC for the specific portion of Work giving rise to the claim; (e) Owner must provide written notice of any alleged defect within thirty (30) days of discovery and allow DC Fencing LLC at least 30 days to inspect and cure before any suit; failure to allow cure bars recovery; (f) any action, claim, or arbitration (if later agreed) must be commenced within one (1) year after the earlier of substantial completion or discovery of the claim, and in all events no later than three (3) years after substantial completion; (g) this warranty is non-transferable without DC Fencing LLC’s written consent; (h) there are no third-party beneficiaries to this warranty or contract; and (i) if any term is found unenforceable, it will be enforced to the maximum lawful extent and the remainder will continue in effect.

 

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