Terms and Conditions

1. Definitions

"Company," "we," "us," or "our" refers to ECW Capital LLC, a Florida limited liability company doing business as "Fence With Style," with its principal place of business at 5911 SW 39th Ave, Fort Lauderdale, FL 33314, operating under FL specialty contractor license #26-F-00162-X. "Customer," "you," or "your" refers to the individual or entity that requests, signs, pays for, or otherwise authorizes services or materials from the Company. "Contract" means the signed written quote, change orders, and these Terms, together with any documents incorporated by reference.

2. Scope of Work

Work is limited to the materials, dimensions, height, style, layout, and labor described in the signed quote. Any addition, deletion, substitution, or relocation requested after the Contract is signed is a change order and must be approved in writing (including by email or text confirmation). Verbal change requests are not binding on the Company.

3. Estimates and Pricing

Written estimates are valid for thirty (30) days from issuance. Pricing assumes typical soil and surface conditions and a clear work area free of underground obstructions and surface vegetation. Florida sales tax is added where applicable. If a national supplier price increase occurs between quote acceptance and material order, the Company reserves the right to pass through the increase with written notice and the Customer's right to cancel solely for that reason against return of any deposit paid for unordered materials.

4. Permits, Inspections, and Third-Party Permit Services

Where required by local jurisdiction, the Company will obtain the building, zoning, and fence permits necessary to perform the work, file the application with the city or county, and schedule final inspection. The Company may, at its sole discretion, engage a licensed third-party permit expediter, runner, or processing service to file applications, gather documentation, and interact with municipal offices on the Company's behalf. The use of a third-party permit service does not change these Terms, and any permit fees, expediting fees, plan-review fees, or revision fees charged by the municipality or third-party are billed to the Customer at cost unless included in the quote.

5. Subcontractors

The Customer acknowledges and agrees that the Company may engage qualified independent subcontractors to perform all or any portion of the work, including but not limited to excavation, post installation, concrete work, fabrication, welding, electrical work for gate openers, and final cleanup. The Company remains responsible to the Customer for the quality and warranty of the completed work whether performed by Company employees or its subcontractors. The Customer's sole contractual relationship is with the Company, and the Customer waives any direct claim against any subcontractor.

6. Property Lines, Surveys, and Setbacks

The Customer is solely responsible for identifying and confirming the correct property boundary. The Company installs the fence on the line identified by the Customer at the on-site walkthrough. If the Customer is unable to identify the property line, the Company recommends a property survey, which the Customer agrees to obtain at the Customer's expense. The Company is not liable for any encroachment, neighbor dispute, HOA violation, setback violation, or relocation cost resulting from a fence built on or near a disputed or incorrect boundary.

7. Underground Utilities and Site Conditions

The Company will request a Florida 811 (Sunshine 811) utility locate before excavation. Sunshine 811 marks publicly owned utilities only. The Customer is solely responsible for identifying and marking private underground utilities, including irrigation lines, low-voltage lighting, propane lines, pool plumbing, septic systems, private electrical service, dog fences, drain lines, and similar items. The Company is not liable for damage to private utilities that were not marked or disclosed by the Customer prior to excavation. Hidden conditions discovered during excavation (rock, large roots, fill material, buried debris, demolition, unmapped utilities, septic systems) may require a change order at additional cost.

8. Payment Terms and Non-Refundable Deposits

Deposit. A deposit of fifty percent (50%) of the Contract total is due at signing to secure scheduling and order materials. All deposits are non-refundable. By paying a deposit, the Customer authorizes the Company to commit production slots, order custom-cut and made-to-order materials, schedule subcontractors, and incur permit and processing fees on the Customer's behalf, all of which are non-recoverable costs.

Statutory rescission. Where the Contract is signed at the Customer's residence and the transaction is subject to Florida's Home Solicitation Sales Act (Fla. Stat. § 501.021 et seq.) or any other applicable consumer-protection statute, the Customer's statutory right to rescind within the period required by law is preserved. Outside of such statutory rescission period, deposits are non-refundable.

Balance. The remaining balance is due upon substantial completion of installation. Past-due balances accrue interest at one and one-half percent (1.5%) per month or the maximum rate permitted by Florida law, whichever is less. Returned checks are subject to a $35 fee. The Company reserves the right to record and enforce a construction lien against the property under Florida Statutes Chapter 713 for any unpaid balance and to recover all collection costs and reasonable attorneys' fees.

9. Cancellation by Customer

If the Customer cancels the Contract after any applicable statutory rescission period: (a) the deposit is forfeited and non-refundable; (b) the Customer remains responsible for the cost of any custom-fabricated or special-order materials, any permit or third-party processing fees already paid, and any labor performed to the date of cancellation; and (c) a fifteen percent (15%) restocking fee applies to any returnable stock materials. The Company will invoice the Customer for any amount exceeding the deposit.

10. Cancellation by Company

The Company may cancel or suspend work and retain the deposit if the Customer (a) fails to pay any amount when due, (b) fails to provide site access, (c) requests work that would violate applicable code or the contractor's licensing scope, (d) creates an unsafe condition for the crew, or (e) breaches any material term of the Contract.

11. Scheduling, Delays, and Force Majeure

Installation dates are estimates, not guarantees. The Company is not liable for delays caused by weather, permitting timelines, third-party permit processor backlogs, supplier shortages, named storms, utility-locate delays, labor shortages, transportation disruptions, government action, pandemic-related restrictions, or other events outside the Company's reasonable control. The Company will use commercially reasonable efforts to keep the Customer informed of material schedule changes.

12. Site Preparation and Access

Unless removal is included in the written quote, the Customer is responsible for clearing the fence line of existing fencing, vegetation, irrigation, landscaping, and debris before the install date. The Customer agrees to provide unobstructed access to the work area, electricity, and water if needed. Pets must be secured during work hours. The Company is not responsible for damage to landscaping, sod, sprinkler heads, low-voltage lighting, or pavers caused by the ordinary and necessary course of fence installation.

13. Change Orders

Any change to the Contract scope, materials, height, layout, or schedule must be documented in a written change order signed or confirmed in writing (including email or text) by both parties before the change takes effect. Change orders may modify the price, schedule, and warranty terms. Work performed under a verbal request without a written change order is performed at the Company's discretion and at the Customer's risk.

14. Title, Risk of Loss, and Materials On-Site

Title to materials passes to the Customer upon full payment. Risk of loss for materials delivered to the Customer's property passes to the Customer upon delivery. The Customer is responsible for the security of materials staged on-site between delivery and installation.

15. Warranty

Materials Warranty. The Company warrants materials supplied (panels, posts, rails, pickets, gates, and hardware) against manufacturing defects, UV fade, rot, rust, and structural failure for up to fifteen (15) years from the date of installation, subject to the specific terms of the manufacturer's warranty for the product installed.

Workmanship Warranty. The Company warrants the labor and workmanship of the installation (post heave, leaning, gate alignment, and similar installation defects) for up to one (1) year from the date of installation.

Warranty Claims. The Customer must notify the Company in writing within thirty (30) days of discovering a warranty claim and give the Company a reasonable opportunity to inspect and repair before engaging another contractor. Warranty repairs by anyone other than the Company void this warranty for the affected work.

16. Warranty Exclusions

Warranties do not cover damage caused by: acts of God, named storms, hurricanes, tropical storms, tornadoes, floods, lightning, or wind events exceeding the design wind load; vehicle, equipment, or animal impact; vandalism or third-party damage; soil movement, sinkhole activity, root intrusion, settling, or termite damage; modifications, attachments, or repairs by anyone other than the Company; pressure-washing damage to wood or vinyl; saltwater corrosion of components not rated for coastal exposure; lack of routine maintenance (re-staining, sealing, tightening hardware); pets, livestock, or wildlife; and normal weathering, color change, or surface checking of natural wood.

17. Hurricane and Wind Performance

Fences installed by the Company are engineered to meet or exceed the prevailing local building code wind load at the time of installation. The Company makes no warranty against damage from named storms or wind events exceeding the design rating. Customers in High Velocity Hurricane Zones (HVHZ) should add appropriate insurance coverage for fencing.

18. Color, Grain, and Natural Variation

Wood is a natural product and will exhibit grain, knot, surface checking, color shift, and shrinkage over time. Vinyl and aluminum colors may vary slightly between production runs and finish batches. These variations are not defects and are not covered by warranty.

19. Indemnification by Customer

The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, employees, and subcontractors from any claim, loss, damage, or expense (including reasonable attorneys' fees) arising out of: (a) the Customer's failure to disclose private underground utilities; (b) the Customer's incorrect identification of the property line; (c) the Customer's failure to obtain HOA or condominium-association approval where required; or (d) the Customer's breach of these Terms.

20. Limitation of Liability

To the maximum extent permitted by Florida law, the Company's total cumulative liability under the Contract is limited to the amount actually paid by the Customer to the Company for the specific work in question. The Company is not liable for incidental, indirect, special, consequential, or punitive damages, including loss of use, lost profits, or diminution in property value.

21. Insurance

The Company maintains general liability insurance and Florida workers' compensation coverage as required by law. Certificates of insurance naming the Customer's HOA, property manager, or condominium association as a certificate holder are available upon written request.

22. Governing Law and Dispute Resolution

These Terms and the Contract are governed by the laws of the State of Florida without regard to its conflict-of-law principles. The Customer and the Company agree that any claim, action, suit, mediation, or proceeding arising out of or relating to the Contract, the work, or these Terms shall be brought exclusively in the state or federal courts located in Broward County, Florida, and each party irrevocably consents to the personal jurisdiction and venue of those courts. Prior to filing suit, the parties agree to attempt good-faith resolution by direct negotiation for thirty (30) days, followed by non-binding mediation in Broward County if direct negotiation is unsuccessful. In any action between the parties, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.

23. Photography and Marketing

Unless the Customer opts out in writing before installation, the Company may photograph the completed work and use those photographs in its portfolio, social media, advertising, and other marketing materials. The Customer's street address will not be disclosed without prior written consent.

24. Assignment

The Customer may not assign the Contract or any rights under it without the Company's prior written consent. The Company may assign the Contract to a successor or affiliate without consent.

25. Website Terms of Use

The content on this website is provided for general information only. The Company makes no warranty regarding the accuracy, completeness, or fitness of any information for a particular purpose. Reliance on website content is at the Customer's risk. The Company may modify the website and these Terms at any time. The Terms in effect on the date the Contract is signed govern the Contract.

26. Entire Agreement and Severability

The signed written quote, any signed change orders, and these Terms together constitute the entire agreement between the parties regarding the work and supersede any prior oral or written communications. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. These Terms may be modified only by a writing signed by both parties.

27. Contact

Questions about these Terms or the Contract should be directed to the Company at:

These Terms are a contractual document. Fence With Style recommends the Customer read them in full before signing a quote or making a deposit. These Terms do not constitute legal advice.