Terms & Conditions
By its signature accepting the estimate above, the client to whom the estimate is provided (the “Client”) by Lambert Forge, LLC d/b/a Lambert’s Ornamental Iron (the “Company”) acknowledges and agrees that the estimate is subject to the terms and conditions set forth herein.
1. Payment for Services. Client agrees to pay the amount set forth on the estimate in accordance with the payment terms set forth thereon. If any amounts are not paid on the due date set forth on the estimate, or, if no due date is stated, on the date of installation, the Company may charge a late fee equal to the lesser of ten percent (10%) per year and the highest amount chargeable under applicable law, and the Client expressly agrees that the Company may, in its sole discretion, charge the card on file (if applicable). In addition, for any past due amounts, Client shall be responsible for, and agrees to pay, reasonable costs and expenses of collection, including, but not limited to, court and attorneys’ fees and expenses. All fees are exclusive of any taxes, however designated, levied or based. Applicable taxes shall be billed as a separate item on the invoice where possible.
2. Ownership of Materials. Mechanics Lien. Client agrees that the Company shall retain ownership of all materials supplied to the Client until the Client pays all amounts due hereunder, including any interest and costs of collection. Company shall retain a lien on all such materials pursuant to Chapter 53 or the Texas Property Code, and shall be entitled to exercise its remedies in accordance therewith.
3. Performance of the Services. THE COMPANY RESERVES THE RIGHT TO REFUSE SERVICE OR TERMINATE AN AGREEMENT AT ANY TIME DUE TO UNSAFE WORKING CONDITIONS, HOSTILE BEHAVIOR, FAILURE TO PAY, OR FRAUDULENT ACTIVITY. Any posts set in cement will be cut at or near ground level, with the cement left in place. The Company will not be responsible for: (i) damage to or repairs of floors, walls, glass or windows, walkways, or underground utilities during fence installation, including damage caused by driving on and off the Client’s property; (ii) engineering, inspection, or other costs not directly related to fabrication and installation, including those associated with sprinkler systems, fiber optics, underground utilities, unseen conduits, paint affected by sprinklers or pool water, post movement due to shifting soils, foundations, or columns, and soil or old fence haul-off; (iii) fire damage from welding; or (iv) any damage resulting from negligence by the property owner or tenant. If fence relocation is required due to surveying guidelines, or if unforeseen obstacles require drilling, removal, or other special accommodations, the Company may elect to perform this work at Client’s request and for an additional fee.
4. Review of Work. The Client agrees to inspect the work upon completion. Any concerns must be reported within forty-eight (48) hours of installation. Failure to report issues within this timeframe constitutes acceptance of the work as completed, regardless of whether the Client signs an acceptance of work.
5. Change to Estimate; Scope of Estimate. All estimates are based on information available at the time of quoting and are subject to adjustment upon completion. The final invoice may vary from the estimate based on actual work performed, including but not limited to adjustments for actual linear footage fabricated and installed, unforeseen site conditions, or Client-requested changes. If the Company dispatches personnel and materials for installation and the site is not ready for work to commence, as reasonably determined by the Company, a dry run fee may be charged to cover labor, transportation, and material handling costs. Any material changes to the scope of work must be approved in writing by both parties. Verbal modifications are not binding unless confirmed in writing. Estimates are also subject to adjustment for material cost fluctuations due to tariffs, trade regulations, or other market conditions. The estimate is expressly limited to the items specified therein.
6. Client Responsibilities. The Client expressly agrees that it will: (i) provide necessary line and grade stakes for sprinklers, gas lines, or other underground utilities; (ii) conduct any required land surveying; (iii) obtain all necessary permits, including but not limited to historical society standards or pool code compliance; (iv) ensure proper marking of underground utilities; (v) accept responsibility for all HOA, town ordinances, and any other local rules and regulations; and (vi) in the event the Client requests the Company to weld a fence located on or near a yard, provide a ten (10)-foot firebreak on both sides of the fence. While the Company may conduct a dig test and/or agree to facilitate permitting, the Company is not responsible for unmarked utilities or failures of permitting due to acts or omissions of the Client. The Company is not responsible for damage to sprinkler heads.
7. Company Warranties. The Company warrants that, subject to payment in full by the Client, all work performed under this agreement will be completed in a good and workmanlike manner, free from defects in workmanship for a period of twelve (12) months from the date of delivery. The Company may provide a written manufacturer’s warranty with respect to particular equipment order by the Client; such warranty is limited to the terms and conditions provided by the manufacturer, and the Client’s recourse with respect to such warranty is directly to the manufacturer. Due to natural variations in wrought iron, steel, wood, and other materials, slight differences in color, texture, or finish may occur. These variations do not constitute defects and are not covered under warranty. The warranties provided herein do not cover any damage caused by: (i) any acts or omissions of the Client or its representatives, including any modifications to the work; (ii) misuse or abuse of the equipment and materials provided by Company; (iii) electrical storms, fire ants, power surges, or forced entry by any party; or (iv) severe weather events, including high winds or storms. Gates are expressly excluded from any warranty unless a gate warranty is purchased by Client. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WORK IS PROVIDE “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT.
8. Client Representations. Client represents, warrants and covenants to Company that: (i) Client is the owner of the property with respect to which the work set forth on the estimate is to be performed, or otherwise has sufficient right to permit the Company to enter the property and perform the work; (ii) the specifications provided by Client to the Company to perform the work are accurate, and do not violate any third party rights; (iii) it has obtained all permits and/or third party authorizations required to permit the Company to perform the work; and (iv) it will not disparage the Company, its representatives, or the work performed hereunder at any time.
9. Indemnification. At its sole cost and expense, the Client agrees to defend and hold harmless Company and its affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns (the “Indemnitees”) in any action or claim, and to indemnify Company and its Indemnitees from and against all claims, losses, liabilities, sums of money, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) arising from such action or claim, to the extent related to: (a) Client’s breach of any term or condition, or its representations or warranties, set forth herein; (b) Client’s and Client’s representatives’ negligence or misconduct; (c) failure to obtain any required permits or other third party authorization; and (d) pre-existing conditions on the property.
10. THE COMPANY WILL NOT BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS, OR DAMAGE TO PROPERTY ARISING IN CONNECTION WITH THIS AGREEMENT. IN NO CASE WILL THE COMPANY’S AND/OR ITS REPRESENTATIVE’S TOTAL CUMULATIVE LIABILITY FOR CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY THE CLIENT UNDER THE ESTIMATE. NO CLAIM MAY BE ASSERTED BY CLIENT AGAINST COMPANY MORE THAN TWELVE (12) MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY ENTERS INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE RISK BETWEEN THE COMPANY AND CLIENT AND FORM A BASIS OF BARGAIN BETWEEN THE PARTIES.
11. Governing Law. Dispute Resolution. This Agreement and the rights and obligations of the respective Parties hereunder shall be governed by, and interpreted and enforced in accordance with, the laws of the State of Texas, except for those conflicts of law rules thereof that would require the application of the laws of another jurisdiction. Any dispute, claim or controversy arising out of, connected with or relating to this Agreement between or among Parties shall be resolved by binding arbitration in accordance with the then current Commercial Rules of the American Arbitration Association (including the expedited procedures and optional rules for emergency measures of protection thereunder). All arbitration hearings shall be conducted in Fort Worth, Texas.
12. Relationship of the Parties. Each of the Company and the Client acknowledges and agrees that the relationship between the parties hereunder shall be that of an independent contractor, and nothing contained herein shall be construed or interpreted as creating any other relationship between the parties including, but not limited to, employer/employee, principal/agent, partnership, or joint venture.
13. Miscellaneous. The Company will not be liable for any delay or failure resulting directly or indirectly from any causes beyond the Company’s reasonable control, including, without limitation, acts of God, acts of the public enemy, insurrections, riots, embargoes, labor disputes, including strikes, lockouts, job actions or boycotts, fires, explosions or floods, epidemics or pandemics, embargoes or blockades, supply shortages or disruptions, unusual or unforeseen site conditions, or inability or delay in obtaining supplies of adequate or suitable materials (any of the foregoing, a “Force Majeure Event.” Any additional costs as a result of any Force Majeure Event will be the responsibility of the Client. If any provision of this Agreement is declared invalid or unenforceable as a matter of law, such invalidity or unenforceability shall not affect or impair the validity or enforceability of any other provision of this Agreement or the remainder of this Agreement as a whole. Client hereby agrees Company may use Client’s name, logos and trademarks in publicity releases, promotional materials, advertising, marketing and business generating efforts.