Terms and Conditions

Please read these Terms and Conditions carefully before using the website at newarkfenceanddeck.com (the "Site") or engaging Newark Fence & Deck ("Company", "we", "us", or "our") for any services. By accessing the Site or requesting services, you agree to be bound by these terms. If you do not agree, please do not use the Site or request services.

1. Acceptance of Terms

By using this Site, submitting a contact or estimate request form, or entering into a service agreement with Newark Fence & Deck, you accept these Terms and Conditions in full. These terms apply to all visitors, users, and customers. We reserve the right to modify these terms at any time. Changes take effect when posted to this page with a revised effective date. Your continued use of the Site after changes are posted constitutes acceptance of the updated terms.

2. Description of Services

Newark Fence & Deck provides residential outdoor construction and improvement services in the Newark, OH area, including but not limited to:

• Custom deck design and construction
• Composite, Trex, pressure-treated wood, and cedar deck installation
• Deck repair, replacement, staining, and sealing
• Vinyl fence and wood and privacy fence installation
• Pergola installation and covered deck construction
• Screened-in porches, pool decks, outdoor kitchens, and related structures

All services are subject to a written estimate and a signed service agreement before work begins. We reserve the right to decline any project at our discretion.

3. Estimates and Pricing

Estimates provided by Newark Fence & Deck are based on the information available at the time of the site visit and our assessment of the work required. An estimate is not a guaranteed price until it is included in a signed written contract.

Changes to project scope, unforeseen site conditions (such as hidden rot, structural deficiencies, or permit requirements not apparent at the time of estimate), or customer-requested modifications after a contract is signed may result in a change order that adjusts the contract price. We will communicate any required changes in writing before proceeding with additional work.

All prices are in US dollars. Prices do not include permit fees unless explicitly stated in the written contract. Permit fees are the responsibility of the customer unless otherwise agreed in writing.

4. Scheduling and Cancellation

Project start dates are scheduled after a signed contract and required deposit are received. Start dates are estimates and may be affected by weather, permit approval timelines, material availability, or other factors outside our control. We will communicate scheduling changes as promptly as possible.

If a customer wishes to cancel a signed contract, the following terms apply:

• Cancellation before materials are ordered: a cancellation fee equal to any permit fees and administrative costs incurred will apply.
• Cancellation after materials are ordered: customer is responsible for the cost of materials ordered and any restocking fees, plus any permit and administrative costs incurred.
• Cancellation after work has begun: customer is responsible for all costs incurred to date, including labor, materials, permits, and equipment costs.

Newark Fence & Deck reserves the right to cancel or postpone a project due to safety concerns, hazardous weather, or circumstances beyond our control. In such cases, we will reschedule at the earliest mutually convenient time.

5. Payment Terms

Payment terms are specified in the written contract for each project. Standard terms require a deposit at contract signing, with the remaining balance due upon project completion. Specific milestones or progress payments may be established for larger projects.

Payment is due upon receipt of invoice unless a different schedule is agreed in writing. Accounts not paid within 30 days of the invoice date may be subject to a late fee. Unpaid balances may be referred to collections and the customer will be responsible for any associated collection costs, including reasonable attorney fees.

Accepted payment methods will be specified in the contract. We do not accept payment contingent on a third-party approval (such as insurance proceeds) unless explicitly agreed in writing before work begins.

6. Permits and Compliance

Newark Fence & Deck will apply for required building permits on behalf of the customer as part of standard practice, unless the customer and company agree otherwise in writing. The customer is responsible for ensuring the property is accessible for inspections and that any easements, HOA restrictions, or property line requirements are disclosed to us before work begins. We are not responsible for delays or costs caused by undisclosed restrictions or inaccurate property information provided by the customer.

7. Warranty

Newark Fence & Deck warrants its workmanship against defects in labor and installation for a period of one (1) year from the date of project completion. This warranty covers defects arising from improper installation but does not cover:

• Normal wear and tear
• Damage caused by weather events, flooding, or other acts of nature
• Damage caused by misuse, neglect, or failure to perform recommended maintenance
• Defects in manufacturer-supplied materials (which are covered by the applicable manufacturer warranty)
• Changes made to the completed work by anyone other than Newark Fence & Deck

Material warranties are provided by the respective manufacturers and are passed through to the customer as applicable. We will assist in facilitating any manufacturer warranty claims.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Newark Fence & Deck shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of this Site or the performance of services, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising out of or related to services provided shall not exceed the total amount paid by the customer for the specific project to which the claim relates.

9. Site Use and Intellectual Property

The content on this Site - including text, images, logos, and page layouts - is the property of Newark Fence & Deck or its content providers and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or use any content from this Site without our prior written permission.

You agree not to use this Site for any unlawful purpose or in any way that could damage, disable, or impair the Site. You agree not to attempt to gain unauthorized access to any part of the Site or its related systems.

10. Disclaimer of Warranties

This Site and its content are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be available at all times, error-free, or free of viruses or other harmful components. Information on the Site is provided for general informational purposes and may not reflect the most current pricing, availability, or service offerings.

11. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles. Any disputes arising under these terms or related to services provided by Newark Fence & Deck shall be subject to the exclusive jurisdiction of the state and federal courts located in Ohio.

12. Dispute Resolution

Before initiating any formal legal action, both parties agree to make a good-faith effort to resolve disputes directly. If a dispute cannot be resolved informally, the parties agree to attempt non-binding mediation through a mutually agreed mediator before pursuing litigation.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction where irreparable harm is at risk.

13. Modifications to These Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be posted on this page with a revised effective date. We encourage you to review this page periodically. Your continued use of the Site or services after changes are posted constitutes acceptance of the revised terms.

14. Contact Us

If you have questions about these Terms and Conditions, please contact us at: