Legal Notice - Revised 11/23/2021
SECTION 1 - TERMINOLOGY
In this Agreement, Rio Grande Fence Co. of Nashville will be referred to as "RGF." [Client.Company] will be referred to as "Customer."
SECTION 2 - PRICING
PRICING IS VALID FOR (7) DAYS.
If the Agreement is signed by Customer after the stated (7) day period has expired, RGF has the authority to cancel the Agreement.
SECTION 3 – BILLING, PAYMENTS, AND INVOICES - TERMS AND CONDITIONS
NEW CUSTOMER TERMS: New Customers must complete New Customer information form online prior to work beginning; new.rgfence.com
No performance will occur until New Customer form is completed in full.
BILLING PAYMENT TERMS: If prepayment of any kind is required in the Billing Payment Terms area by Customer, the required payment must be made within fifteen (15) days. A signed and executed Agreement is considered void if required prepayment is not made within the allocated amount of time. No performance will occur under voided Agreement status.
LATE PAYMENTS: A finance charge of 1.5% per month, which is an annual percentage rate of 18%, shall be applied to Customer account that is not paid within 30 days after completion of any work invoiced.
PAST DUE ACCOUNTS: If Customer's account has a balance over 90 days of aging, RGF reserves the right not to start any new work for Customer until all (90) plus day invoices are paid.
NON-PAYMENT: All materials remain the property of RGF until all invoices pertaining to this job are paid in full. Right of access and removal is granted to RGF in the event of non-payment under the terms of this Agreement. Customer agrees to pay all interest and any costs incurred in the collection of this debt, including but not limited to reasonable Attorney's fees.
SECTION 4 - WORK PERFORMANCE - TERMS AND CONDITIONS
RESCHEDULING, DELAY DAMAGES: If Customer desires to reschedule, suspend, or in any way delay work on a scheduled project under Agreement, Customer must provide advanced notice via email to the RGF Contact by 2:00 PM CST the business day before any RGF service is scheduled to occur. Failure to do so will cause RGF to incur unnecessary costs. As such, should Customer fail to provide such notice, Customer shall be responsible to RGF for any such costs and will additionally pay to RGF, as invoiced, a charge of $408.00 for each occurrence of delay of scheduled work. For example, if Customer and RGF have scheduled an 8:00 Monday morning service, and Customer calls RGF on that Monday at 7:00 AM to postpone or otherwise reschedule that day’s scheduled work, Customer will be charged $408 at the time of billing. This charge is not punitive but is rather an estimated total of costs RGF will actually incur due to Customer’s untimely or lack of advanced notice.
SCOPE OF WORK CHANGES: If Customer desires to make Scope of Work changes to layout, materials, and/or any other alterations on a scheduled project under Agreement, Customer must provide advanced notice via email to the RGF Contact by 2:00 PM CST the business day before any RGF service is scheduled to occur. RGF will make every effort to accommodate Customer-requested Scope of Work Changes on short notice, but cannot guarantee availability of materials, labor, and/or equipment to perform Scope of Work Changes work installation for an executed Agreement. If Scope of Work Changes can be accommodated, RGF personnel will document said changes and Customer will be billed and invoiced appropriately. If Scope of Work Changes can not be accommodated on short notice, this will cause RGF to incur unnecessary costs and delay installation. As such, Customer shall be responsible to RGF for any such costs and will additionally pay to RGF, as invoiced, a charge of $408.00 for each occurrence of Scope of Work Changes. For example, if Customer and RGF have scheduled an 8:00 Monday morning service, and Customer calls RGF on that Monday at 7:00 AM to make changes to the Scope of Work, Customer will be charged $408 at the time of billing. This charge is not punitive but is rather an estimated total of costs RGF will actually incur due to Customer’s untimely or lack of advanced notice. Additionally, any materials purchased by RGF for the project prior to Scope of Work Changes will be the responsibility of Customer. A final invoice will be generated for said materials along with any reasonable mobilization fees incurred.
CONTRACT CANCELLATION: If Customer signs RGF Agreement and elects to cancel the Agreement prior to work beginning, Customer must do so in writing via email to accounting@rgfence.com and the RGF Project Manager listed on the Agreement. Time is of the essence, so email is preferred. While not preferred, you may submit your cancellation prior to work commencing via UPS or FedEx with signature confirmation at Customer's expense. Any materials purchased by RGF for the project prior to cancellation will be the responsibility of Customer. A final invoice will be generated for said materials along with any reasonable mobilization fees incurred.
SECTION 5 - OUTRIGHT SALE OF MATERIALS WITHOUT INSTALLATION
OUTRIGHT SALE OF MATERIALS WITHOUT INSTALLATION: If this specific scenario is stated in the Agreement, pricing includes materials only. RGF installation/removal is excluded. If the materials are stated as "used" in the Agreement, then a warranty is not included. Due to the nature of used materials, there is no implied or expressed warranty provided on the sale.
SECTION 6 – CONSTRUCTION MANAGEMENT SOFTWARE
CONSTRUCTION MANAGEMENT SOFTWARE: Customer must notify RGF of any requirements for RGF utilization of Construction Management Software (including but not limited to, e.g., Procore, Autodesk BIM 360, Bluebeam, et. al.) to perform, administer, and/or complete project work, prior to Agreement pricing. RGF Agreement pricing issued without Customer notice of required RGF utilization of Construction Management Software is subject to change. If Agreement is executed prior to Customer notification of RGF required utilization of Construction Management Software, an additional line-item charge will occur at final invoicing.
SECTION 7 – PROPERTY MANAGEMENT/COMPLIANCE FEES
PROPERTY MANAGEMENT/COMPLIANCE FEES: Customer must notify RGF of any requirements for RGF utilization of any property management/compliance fees (including but not limited to, e.g., Registry Monitoring Insurance Services, Inc., NetVendor,
OPSMerchants, Real Pages (formally Compliance Depot), et. al.) to perform, administer, and/or complete project work, prior to Agreement pricing. RGF Agreement pricing issued without Customer notice of required RGF utilization of a property management/compliance service is subject to change. If Agreement is executed prior to Customer notification of RGF required utilization of property management/compliance service, an additional line-item charge will occur at final invoicing.
SECTION 8 - PREVAILING WAGE PROJECTS
PREVAILING WAGE PROJECTS: Pricing is based on standard projects that are not subject to any Prevailing Wage requirements. If Customer requires work to be performed utilizing Prevailing Wages, Customer is to inform RGF contact so RGF can provide a revised proposal that includes Prevailing Wages. If Customer fails to inform RGF of a Prevailing Wage requirement, RGF will bill Customer for any increased labor wages incurred and penalties assessed.
SECTION 9 - CERTIFIED PAYROLL
CERTIFIED PAYROLL: Certified Payroll is available for Customer upon request.
SECTION 10 - OCIP ENROLLMENT REQUESTS
OCIP ENROLLMENT REQUESTS: If Customer requires OCIP Enrollment prior to commencement of RGF work on a job site, Customer must inform RGF in a reasonable amount of time in writing. Failure to communicate said need in a timely manner will delay our scope of work being performed.
SECTION 11 – GOVERNING LAW
GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the internal laws of the State of Tennessee, U.S.A., without reference to any conflicts of law provisions. JURISDICTION: For any legal proceedings involving this Agreement, proceedings will be held in Nashville (Davidson County), Tennessee.
SECTION 12 - FORCE MAJEURE
FORCE MAJEURE: RGF shall be excused from its performance for a reasonable period of time to the extent that it is prevented, hindered, or delayed by a force majeure occurrence. This is inclusive of any COVID-19 related delays.
SECTION 13 – SPECIFIC CONDITIONS
STANDARD WORK HOURS: RGF's normal business hours are Monday through Friday, 7:30 a.m. to 3:30 p.m. U.S. Central Time.
Work performed outside of stated hours is considered "outside of business hours" for the legal purposes of this Agreement. If
Customer requires work outside of RGF's business hours after an Agreement is made, Customer is subject to an overtime labor billing on the invoice.
STANDARD INSTALLATION WORK: RGF agrees to guarantee permanent fence and/or guardrail installation stated in this Agreement to be free from defects in materials and workmanship for one year. Rental fence work of any kind is excluded from said guarantee.
ACCESS TO WORK AREA: RGF requires Access to Work Area to perform work installation. Prior to RGF arrival to perform work, Customer shall provide a 6’ minimum clearance to and adjacent with work installation areas free of obstructions including, but not limited to, vegetation, trash, debris, and equipment. Failure to provide RGF with Access to Work Area will delay work performance and cause RGF to incur unnecessary costs to perform work installation; any labor, material, or equipment costs for RGF to create Access to Work Area will be invoiced to Customer at billing.
PROPERTY LINES: RGF will assist Customer, when possible, in determining where the fence is to be erected, but under no circumstance does RGF assume any responsibility concerning property lines or in any way guarantee their accuracy. If property pins cannot be located, it is recommended that Customer have the property surveyed.
DIGGING (When Applicable): RGF will assume the responsibility for having underground public utilities located and marked. However, RGF assumes no responsibility for unmarked sprinkler lines, or any other unmarked buried lines or objects. Customer will assume all liability for any damage caused by directing RGF to dig in the immediate vicinity of known utilities. If a private locator is needed, the private locator fee billed to RGF will be added as a line item on Customer's invoice at no markup.
POST SETTING (When Applicable): Per ASTM F567-07 Standard Practice for Fence Installation, "When solid rock or concrete is encountered, without an overburden of soil, set posts in solid rock or concrete. The depth of the hole shall be three times the largest cross section of the posts. The diameter of the hole shall be 1/2 in. greater than the largest cross section of the post."
WOOD FENCE WORK: Wood fence materials can warp, crack, or twist while in the drying process. We can't guarantee wood not to do this. All wood fence materials are sold to Customer as-is with no implied or expressed warranty provided.
GATE REPAIR SERVICE: Our gate repair service will return the gate to a fully operational state, but the look of the gate will not be new as this is only a functional repair and not a replacement.
FENCE SCREEN (a.k.a. windscreen) WORK: Fence screen installed on fence isn't designed for the wind loads that can occur from storms, high wind, acts of God, etc. RGF will not be held liable for any actions or liability resulting from the installation (any installation by RGF or Customer).
LOGO SCREEN WORK: When logo screen is quoted, Customer must submit high resolution (min. 300 d.p.i.) vector-art for our manufacturer to be able to produce the print product. Typically, vector-art files are saved as .EPS, .AI, or .PSD files. If you don't know what this means, please see your marketing department. If the manufacturer deems the Customer-supplied art is not valid for print, the manufacturer charges RGF a $150.00 art charge. The $150.00 art fee will be passed along as an additional line-item charge on Customer's invoice.
SECTION 14 – EXCLUSIONS
ZONING REGULATIONS: RGF shall advise Customer as to zoning regulations for work performance, when possible, but responsibility for complying with said zoning regulations shall rest with Customer; under no circumstance does RGF assume any responsibility concerning zoning regulations.
PERMITS: RGF shall advise Customer as to obtaining any required permits for work performance, when possible, but responsibility for complying with said permits shall rest with Customer; under no circumstance does RGF assume any responsibility concerning permits.
ROAD CLOSURES, FLAGGERS AND/OR POLICE PATROL: Road closure permits, flagging duties, and/or police patrol duties shall be the responsibility of Customer.
MATERIALS PAINTING/STAINING/COLORING: Unless specifically described in this Agreement, RGF will install all materials as-is from the manufacturer; any painting/staining/coloring of materials shall be the responsibility of Customer.
ACCESS CONTROL: Unless specifically described in this Agreement, any Access Control installation shall be the responsibility of Customer. If Customer desires Access Control (e.g., gate operators) for the installation, RGF can provide pricing to add and/or include such installation.
ELECTRICAL WORK: Unless specifically described in this Agreement, any Electrical Work (e.g., grounding) shall be the responsibility of Customer.
SECTION 15 – RENTAL FENCE – TERMS AND CONDITIONS
ONE CALL UNDERGROUND UTILITY LOCATOR: Projects that include driven fence services are subject to a 3-6 business day installation lead time due to One Call underground utility location services. To ensure safe digging, RGF will not install driven fence without a One Call ticket that has cleared and is valid.
RENTAL OR MATERIAL SALES SOLD OUTSIDE OF TENNESSEE: The following is a tax note; RGF doesn't have nexus outside the state of Tennessee. If a proposed fence rental service and/or material purchase is installed or delivered outside of Tennessee, Customer has a responsibility to pay tax to the State's Department of Revenue.
RENTAL FENCE MATERIALS: Rental fencing is light gauge construction fencing materials. Said materials aren't designed for the wind loads that can occur from storms, high wind, acts of God, etc. RGF will not be held liable for any actions or liability resulting from any installation by RGF or Customer.
FENCE RENTAL PROJECTS WITH RENTAL PERIOD STATED IN PROPOSAL/CONTRACT: Rental pricing includes (2) trips; (1) for setup and (1) for removal. All other trips requested by Customer will result in an invoice from RGF for RGF's hourly crew rate of $408.00 per hour plus materials. If Customer contacts RGF for rental pick-up prior to the end of the rental term, this will not result in a credit or discount.
OUTRIGHT SALE OF RENTAL MATERIALS WITH INSTALLATION: If this specific scenario is stated in the Agreement, pricing includes (1) trip for setup. Removal by RGF is EXCLUDED and is the responsibility of Customer. If the rental materials are stated as "used" in the Agreement, then NO WARRANTY is included. Due to the nature of used rental materials, there is no implied or expressed warranty provided on the sale.
OUTRIGHT SALE OF RENTAL MATERIALS WITHOUT INSTALLATION: If this specific scenario is stated in the Agreement, pricing includes materials only. RGF installation/removal is excluded. If the rental materials are stated as "used" in the Agreement, then a warranty is not included. Due to the nature of used rental materials, there is no implied or expressed warranty provided on the sale.
RENTAL EXTENSION BILLINGS: During the last week of any fence rental Agreement term, an RGF representative will contact
Customer's stated representative on the cover page of the Agreement and/or Customer's on-site project contact to inquire whether Customer wants RGF to pick-up the materials on the contractual end date or to purchase a rental period extension. If Customer verbally or electronically elects to purchase a rental extension, RGF will submit an invoice to Customer for the additional rental time agreed upon. As with the original rental period, a call for pick-up prior to the end of the new rental period will not result in a credit or discount.
RENTAL EXTENSION PRICING: If Customer elects to renew an existing rental agreement, the price on the invoice will be derived by taking the previous subtotal (plus or minus any changes since original installation) and dividing by the amount of months of the rental. RGF will subtract a standard renewal discount of $1.50 per linear foot. With this information, we will generate a new extension invoice to be sent to the billing address on the cover of the Agreement. At the end of the extension billing's time, RGF will contact Customer again as prescribed in this document. If a second (and all following) extension is purchased on the project site, the previously stated renewal discount will not apply again.
AUTOMATIC RENEWALS WITH NO CUSTOMER RESPONSE: During the last week of any fence rental Agreement term,
an RGF representative will contact Customer's stated representative on the cover page of the Agreement and/or Customer's on-site project contact to inquire whether Customer wants RGF to pick-up the materials on the contractual end date or to purchase a rental period extension. Our efforts to contact Customer are as follows; phone call to Customer's stated contact on the cover of this Agreement, email to Customer contact's email address listed on the cover of this Agreement, and lastly, a phone call to Customer's office to inquire whether Customer is in need of a pick-up or extension. If after (7) days past the rental agreement and the Customer has been non-responsive, we will generate a rental extension billing of (1) month. If the initial term is less than one month, we will match the initial term.
SECTION 16 – BILLING SCHEDULE FOR DAMAGED/MISSING RENTAL ITEMS
At the time of a rental pick-up, RGF will review all rental materials for quantity and condition quality. Customer is responsible for lost or damaged rental materials. Rental materials damaged beyond repair and/or missing are subject to be billed to Customer. Below is a schedule of values for rental materials. Applicable sales tax will be added on work performed in the State of Tennessee.
42"H Crowd Control Material Billing Schedule;
Item – Price Per Unit – Unit of Measure
42"H Crowd Control Panel$80.00each
Panel Stand$20.00each
Toe Boards for Crowd Control Panels-$25.00-each
BigFoot 30 Cover (Single 30 lb. Weight per Stand)-$35.00-each
BigFoot 60 (60 lb. Weight System per Stand)-$70.00-Set
BigFoot 120 (120 lb. Weight System per Stand. Includes (2) BF Locks)-$150.00-Set
BigFoot Lock, Yellow (a la carte)-$10.00-each
6'H Rental Fence Material Billing Schedule;
6'H M-Series Welded Wire Panel-$95.00-each
Panel Stand-$20.00-each
BigFoot 30 Cover (Single 30 lb. Weight per Stand)-$35.00-each
BigFoot 60 (60 lb. Weight System per Stand)-$70.00-Set
BigFoot 120 (120 lb. Weight System per Stand. Includes (2) BF Locks)-$150.00-Set
BigFoot Lock, Yellow (a la carte)-$10.00-each
M-Series Panel Connector Clamp with nut and bolt-$3.00-each
M-Series Gate Wheel Assembly-$15.00-each
4'W x 7'H M-Series Welded Wire Single Swing Walk Gate System-$195.00-each
7.5'W x 6'-4"H M-Series Single Swing Walk Gate with Wheel Included-$150.00-each
15'W x 6'-4"H M-Series Double Swing Walk Gate with Wheels Included-$300.00-each
5'-8"H Black 85% Sight Blockage Fence Screen-$2.50 -per linear foot
DRIVEN FENCE: 6'H Chain Link Fabric (Galvanized, 11.5 Gauge, 2-3/8" Mesh, GAW, KT)-$2.75-per linear foot
DRIVEN FENCE: Line Post - 1-7/8" Diameter x 8'L x WT-15-$15.00-each
DRIVEN FENCE: Terminal/Gate Post - 2-7/8" Diameter x 9'L x WT-40-$40.00-each
DRIVEN FENCE: Top Rail - 1-5/8" Diameter x 21'L x WT-20-$48.00-each stick
GATE: 5'W x 6'H Commercial Single Swing Gate (Leaf Only)-$265.00-each
GATE: 12'W x 6'H Commercial Single Swing Gate (Leaf Only)-$520.00-each
GATE: 24'W x 6'H Commercial Double Swing Gate (Leafs Only)-$1,040.00-set (of 2 gate leafs)
GATE: 90 Degree Box Hinges for Chain Link Gates-$32.00-set (2 per gate leaf)
GATE: 180 Degree Adapter for Box Hinges-$12.00-each
GATE: Fulcrum Latch for Double Swing Gates-$24.00-each
8'H Rental Fence Material Billing Schedule;
8'H M-Series Welded Wire Panel-$130.00-each
Panel Stand-$20.00-each
BigFoot 30 Cover (Single 30 lb. Weight per Stand)-$35.00-each
BigFoot 60 (60 lb. Weight System per Stand)-$70.00-Set
BigFoot 120 (120 lb. Weight System per Stand. Includes (2) BF Locks)-$150.00-Set
BigFoot Lock, Yellow (a la carte)-$10.00-each
M-Series Panel Connector Clamp with nut and bolt-$3.00-each
M-Series Gate Wheel Assembly-$15.00-each
4'W x 7'H M-Series Welded Wire Single Swing Walk Gate System-$195.00-each
7.5'W x 8'-6"H M-Series Single Swing Walk Gate with Wheel Included-$180.00-each
15'W x 8'-6"H M-Series Double Swing Walk Gate with Wheels Included-$360.00-each
7'-8"H Black 85% Sight Blockage Fence Screen-$3.00-per linear foot
DRIVEN FENCE: 8'H Chain Link Fabric (Galvanized, 11.5 Gauge, 2-3/8" Mesh, GAW, KT) - $4.75 – per linear foot--
DRIVEN FENCE: Line Post - 1-7/8" Diameter x WT-20$24.00each
DRIVEN FENCE: Terminal/Gate Post - 2-7/8" Diameter x WT-40$50.00each
DRIVEN FENCE: Top Rail - 1-5/8" Diameter x 21'L x WT-20$48.00each stick
GATE: 5'W x 8'H Commercial Single Swing Gate (Leaf Only)$360.00each
GATE: 12'W x 8'H Commercial Single Swing Gate (Leaf Only)-$690.00-each
GATE: 24'W x 8'H Commercial Double Swing Gate (Leafs Only)-$1,380.00-set (of 2 gate leafs)
GATE: 90 Degree Box Hinges for Chain Link Gates-$32.00-set (2 per gate leaf)
GATE: 180 Degree Adapter for Box Hinges-$12.00-each
GATE: Fulcrum Latch for Double Swing Gates-$24.00-each
