TERMS AND CONDITIONS
1. Acceptance and Authorization
By signing and approving estimates, paying deposits, and/or paying invoices, Customer confirms that they are duly authorized to make decisions regarding the property and assume full financial responsibility for the work described. The prices and terms set forth herein are accepted as satisfactory.
2. Estimate Validity
Estimates are valid for thirty (30) days from the date of issuance unless otherwise noted and are subject to change after the validity period.
3. Payment Terms
a. Deposit
If required, a deposit invoice will be issued upon estimate approval.
The deposit must be paid in full prior to scheduling or commencing work.
Deposits are non-refundable. If the project is canceled, amounts paid—less costs incurred—will remain as account credit applicable to this or future projects.
b. Remaining Balance
1. Due Date
The remaining balance is due in full on the day of job completion.
2. Late Fees & Interest
Any unpaid balance on completion is deemed past due.
If unpaid five (5) calendar days after substantial completion, a one-time late fee of the greater of $75 or five percent (5%) of the unpaid balance will apply.
Beginning six (6) calendar days after completion, interest accrues at the lesser of:
1.5% per month (18% annually), calculated daily; or
The maximum rate permitted by Texas law.
Payments are applied first to fees, then interest, then principal.
3. Collection Costs & Lien Rights
Customer shall reimburse Strong Perimeter for all collection costs, including reasonable attorney’s fees and court costs.
Strong Perimeter may suspend work, warranty service, or delivery until all outstanding amounts are paid.
Strong Perimeter reserves all mechanic’s and materialman’s lien rights under Texas law.
c. No Offset or Withholding
Customer may not withhold, offset, or deduct amounts due under this Agreement for any alleged dispute or claim. Payment obligations remain due as agreed, and disputes shall be resolved separately.
d. Insurance Adjustments
Insurance reimbursement does not alter Customer’s payment obligations under this Agreement.
e. Payment Methods
Accepted payment methods include: Check, ACH, Zelle, Cash, and Credit/Debit Card (processing fees may apply).
4. Scheduling
a. Scheduling Window
Strong Perimeter will make reasonable efforts to contact Customer regarding scheduling within approximately fourteen (14) days of estimate approval.
Customer acknowledges that project scheduling and commencement are subject to current workload, material availability, weather, and other operational factors. Typical project start times range from four (4) to eight (8) weeks after estimate approval but may vary.
Delays in scheduling communication or project start dates, so long as commercially reasonable efforts are made, shall not constitute a breach of this Agreement.
b. Customer-Caused Delays
Failure to confirm appointments or otherwise prevent scheduling constitutes a Customer-Caused Delay under Section 7.
5. Site Preparation and Access
a. Underground & Utility Marking
Customer is responsible for clearly marking all non-city underground lines including irrigation, septic, pool, drain, or private utility lines. Strong Perimeter is not responsible for damage to unmarked items.
City utilities will be scheduled for marking when required.
b. Removal of Items & Pets
All movable items must be removed from the work area prior to arrival. Pets must be secured indoors during the project.
c. Access to Work Area
Customer shall provide safe and reasonable access for personnel, vehicles, trailers, and equipment.
If driveways or designated access points are not reasonably close to the work area, Strong Perimeter may access the area by driving across lawns or landscaped areas as reasonably necessary.
Customer acknowledges such access may result in tire tracks, soil compaction, rutting, or surface disturbance. Strong Perimeter is not responsible for restoring lawn or surface conditions resulting from necessary equipment access unless agreed in writing.
Customer assumes responsibility for ensuring ground conditions are suitable for vehicle access and is responsible for damage caused by soft, wet, unstable, or otherwise unsuitable soil conditions.
d. Post Installation & Spoil Material
Excavated soil (“Spoil Material”) will be redistributed within the work area. Minor grade variations, visible soil, or surface irregularities may result.
Customer is responsible for any additional landscaping, leveling, sod replacement, or cosmetic restoration after completion.
6. Limitation of Liability and Risk Allocation
a. Acts of God
Strong Perimeter is not liable for damage caused by acts of God, including but not limited to hail, windstorms, or other natural events beyond its control.
b. Incidental Work Impacts
Strong Perimeter will take reasonable precautions to avoid damage but is not liable for inadvertent overspray or incidental surface impacts during installation, staining, painting, welding, or repairs.
c. EXPRESS NEGLIGENCE RELEASE – MINOR PROPERTY DAMAGE
CUSTOMER EXPRESSLY RELEASES AND HOLDS STRONG PERIMETER HARMLESS FROM ANY CLAIMS FOR MINOR PROPERTY DAMAGE, INCLUDING BUT NOT LIMITED TO LAWN DISTURBANCE, SOIL COMPACTION, RUTTING, LANDSCAPING DISRUPTION, OR SURFACE DAMAGE, EVEN IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF STRONG PERIMETER, EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
For purposes of this Agreement, “minor property damage” means surface-level, cosmetic, or non-structural damage that does not permanently impair the use or value of the property.
d. Hot Work Risk Allocation
CUSTOMER ACKNOWLEDGES THAT CERTAIN SERVICES, INCLUDING WELDING, CUTTING, AND GRINDING METAL, INVOLVE INHERENT RISK OF SPARKS, HEAT, AND INCIDENTAL IGNITION OF DRY VEGETATION. CUSTOMER AGREES THAT STRONG PERIMETER SHALL NOT BE LIABLE FOR INCIDENTAL OR SURFACE-LEVEL BURNING, SCORCHING, OR DAMAGE TO GRASS OR VEGETATION ARISING OUT OF NECESSARY HOT WORK, EVEN IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF STRONG PERIMETER, EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
e. Limitation of Total Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRONG PERIMETER’S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT.
f. Waiver of Consequential Damages
STRONG PERIMETER SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
7. Customer Default and Cancellation
a. Customer Default
Customer is in default if any of the following occur after estimate approval:
(i) failure to pay required deposit;
(ii) failure to provide scheduling availability;
(iii) failure to confirm appointment;
(iv) failure to respond within fourteen (14) calendar days; or
(v) cancellation less than seventy-two (72) hours before appointment.
b. Notice and Cure
Strong Perimeter will provide written notice. If not cured within five (5) calendar days, the project may be canceled.
c. Cancellation Fee
If canceled due to Customer Default, Customer shall pay the greater of 15% of the contract price or $500 as liquidated damages.
d. Early Cancellation After Acceptance
If Customer cancels at any time after approval, the greater of 15% of the contract price or $500 is due within five (5) calendar days.
Deposits may be applied toward cancellation fees.
8. Communication & Notices
Customer shall maintain a valid email and mobile number. Notices sent via email or text are deemed received upon sending. Failure to respond within two (2) business days may constitute default.
9. Right to Suspend or Close File
Strong Perimeter may suspend work, scheduling, or warranty processing if Customer defaults. Suspension does not waive collection rights.
10. Governing Law; Venue
This Agreement is governed by Texas law. Venue lies exclusively in the state courts of Kaufman County, Texas, or the U.S. District Court serving that county. The prevailing party is entitled to recover reasonable attorney’s fees and costs.
11. Substantial Completion & Inspection
Work is Substantially Complete when services described in the estimate are finished except for minor punch list items.
Customer has forty-eight (48) hours to provide written notice of defects. Failure to do so constitutes full acceptance.
Payment timeline begins upon Customer confirmation or expiration of the inspection period.
12. Rescheduling Policy
Customer may not reschedule within forty-eight (48) hours of the scheduled service date without payment of a $500 Rescheduling Fee.
13. On-Site Changes; Decision Authority; Delay Charges
Customer represents that the person approving this Agreement has full authority to approve the scope of work and make binding decisions on behalf of all property owners and occupants.
If any owner, spouse, occupant, or third party disputes, modifies, or delays the approved scope of work after arrival, Strong Perimeter may suspend work until written clarification is provided.
Any on-site delay exceeding thirty (30) minutes caused by Customer indecision, disagreement, scope modification, or lack of authorization shall be billed at $150 per crew member per hour, with a one-hour minimum.
Any requested deviation from the approved estimate must be documented in a written change order and may result in additional charges and schedule adjustments.
