Trusted by Homeowners Across Colorado Springs
1. Definitions
Business: Sisyphus Fencing LLC, providing fencing installation, repair, and maintenance services in Colorado.
Customer: The individual or entity engaging the Business for fencing services.
Services: All fencing-related work, including but not limited to installation, repair, maintenance, and consultation.
Agreement: The contract formed by the Customer’s accepted quote or proposal and these Terms and Conditions.
2. Scope of Services
The Business shall provide fencing services as outlined in the written quote or proposal provided to the Customer.
Any additional work requested by the Customer beyond the agreed scope requires a new quote and mutual agreement.
The Business reserves the right to subcontract portions of the work to qualified professionals, with no impact on the Customer’s obligations under this Agreement.
3. Quotes and Payments
Quotes and prices are given as a "Lump Sum" unless otherwise notated.
Sales taxes are paid by the Business at the time of purchase, unless otherwise notated.
Customers who elect to use Synchrony Financing are exempt from the deposit requirement.
4. Payment Terms
A deposit of 50% of the quoted amount is required before work commences, unless otherwise agreed in writing or if the Customer elects to use Synchrony Financing.
The remaining balance is due immediately upon completion and acceptance of the Services, where acceptance means the Customer has inspected the work with a Sisyphus Fencing LLC employee, any mistakes or objections have been resolved, and the Customer accepts the work.
Customer shall have an additional 1 week from completion to call back for any mistakes or new objections noticed.
Late payments may incur interest at a rate of 1.5% per month or the maximum allowed by Colorado law.
The Business accepts payments via bank transfer, cash, check, or credit card (subject to a 2% processing fee for credit card payments which is half of the processing rate of 3.99%).
Change Orders may incur up to a $500 fee if materials have already been ordered, especially if made day of, subject to discretion of the Business.
5. Customer and Business Responsibilities
The Customer shall provide clear access to the work site and ensure it is free of obstructions.
The Customer shall provide access to 120v standard household power, either through an exterior outlet or via an extension cord, and access to tap water if required for concrete.
The Customer is responsible for staining or painting their new fence and accepts that improper staining or painting may lead to premature degradation of the fence. The Business does not provide staining or painting services but can refer a contractor to provide such services or recommend a product.
The Business is responsible for obtaining any necessary permits and for arranging utility locate services to identify underground utilities.
The Customer is responsible for obtaining any other necessary approvals.
The Customer is responsible for ensuring accurate property lines, which may require a survey at the Customer’s expense. The Business is not responsible if the Customer, intentionally or unintentionally, directs the Business to place a fence on property that is not owned by the Customer. If a property dispute arises due to the placement of the fence, the Business is not responsible for tearing down, relocating, or performing any other actions with the fence; such services require a new quote and contract.
The Customer warrants that the placement of the fence is lawful, on property owned by them or under their control and/or management and is not contested, disputed, or unclear.
The Customer must notify the Business of any known underground utilities or hazards prior to work commencement.
6. Project Timeline
Estimated completion dates are provided in good faith but are subject to change due to weather, material availability, or unforeseen circumstances.
The Business shall communicate any delays promptly and work to minimize disruptions.
Seven (7) days’ notice is required from the Customer to reschedule the work under ordinary circumstances. In case of an emergency, the Business will work with the customer to reschedule the work (within 30 days) once the emergency is resolved.
7. Total Warranty
The Business warrants that all Services will be performed in a professional manner using quality materials.
All fencing installations carry a minimum 1-year warranty against defects in workmanship, starting from the date of completion, with the following tiered warranties:
Tier 1 (Basic): Wood privacy fence carries a 1-year warranty.
Tier 2 (Value): Wood privacy fence carries a 2-year warranty.
Tier 3 (Premium): Wood privacy fence carries a 3-year warranty.
Warranties may be upgraded at the sole discretion of the Business, and the length of the warranty will be clearly denoted on the quote, invoice, and receipt.
The warranty is transferable if the house is sold.
The warranty covers any and all damage to the fence except for:
Damage caused by a vehicle colliding with the fence.
Fire or destruction of the fence and fence structure.
Tornadoes or winds in excess of 95 MPH or catastrophic flooding.
Intentional destruction, crime, vandalism, Act of War, or Law Enforcement action.
Unauthorized repairs.
The warranty does not cover incidental damages caused by the failure of the fence (i.e., dog got out and ran over).
The Business will restore the structural integrity and function of the fence at its cost, using the same or like materials, but cannot guarantee matching pickets, wood aging, or similar aesthetic features.
Materials are subject to the manufacturer’s warranty, and the Business shall assist in facilitating claims where applicable.
8. Liability
The Business is not liable for damage to unmarked underground utilities or structures.
The Business is not responsible for incidental damages to landscaping or lawns; however, the Business will do its best to preserve existing landscaping and will advise the Customer of any potential problems arising from the fence installation (i.e., dirt in rock beds, depressions in lawns).
The Customer assumes responsibility for any damage to the fencing caused by third parties or improper maintenance.
The Business’s liability for any claim arising from the Services shall not exceed the total amount paid by the Customer for the Services.
9. Cancellation and Termination
The Customer may cancel the Agreement with written notice prior to the start of work, but the deposit may be non-refundable if materials have been ordered or work has been scheduled.
If materials have been ordered and received prior to termination and are not returnable, the Customer may elect to have the materials delivered to their job site address for an additional fee of $100.
The Business reserves the right to terminate the Agreement if the Customer fails to meet payment obligations or breaches these Terms and Conditions.
Upon termination, the Customer is liable for costs incurred for work performed and materials ordered up to the termination date.
10. Dispute Resolution
Any disputes arising under this Agreement shall be addressed through good-faith negotiation between the parties.
If unresolved, disputes shall be submitted to mediation in El Paso County, Colorado. If mediation fails, disputes shall be resolved by binding arbitration in El Paso County, Colorado.
This Agreement is governed by the laws of the State of Colorado.
11. Force Majeure
The Business is not liable for delays or failure to perform due to events beyond its control, including but not limited to natural disasters, strikes, or government restrictions.
12. Amendments
These Terms and Conditions may only be amended in writing, signed by both the Business and the Customer.
Any verbal agreements are non-binding unless documented in writing.
By engaging Sisyphus Fencing LLC for fencing services, the Customer acknowledges and agrees to these Terms and Conditions.
