Terms of Service

Effective date: January 1, 2024  ·  Fort Collins Fence / Elk Fencing LLC

These Terms of Service ("Terms") govern your use of the fence installation services provided by Fort Collins Fence, a division of Elk Fencing LLC ("we," "us," "our"), a company operating in Fort Collins, Colorado. By requesting a quote, signing a service agreement or allowing work to begin on your property, you agree to these Terms.

1. Services provided

Fort Collins Fence provides residential and commercial fence installation, repair and gate installation services in Fort Collins and Northern Colorado, including Loveland, Windsor, Wellington, Johnstown, Timnath, Severance and Berthoud.

Services include but are not limited to: wood and cedar fence installation, chain link fence installation, vinyl fence installation, wrought iron and ornamental steel fence installation, double gate installation and custom wood fence design and build.

We do not offer fence removal as a standalone service unless it is part of a replacement project we are managing.

2. Estimates and quotes

All on-site estimates are provided free of charge with no obligation. Written quotes are valid for 30 days from the date of issue, after which material pricing may change.

Quotes are based on the information available at the time of the site visit. Additional charges may apply if conditions not visible during the estimate are encountered during installation, including but not limited to:

  • Buried utilities, roots or rock that require additional excavation
  • Ground conditions that require deeper footings or additional concrete
  • Property line discrepancies that require re-scoping the work
  • Changes requested by the customer after the quote is accepted

We will notify you of any scope changes before proceeding with additional work.

3. Payment terms

Payment terms are outlined in your individual service agreement. Standard terms are:

  • Deposit: A deposit may be required at contract signing, typically 30–50% of the total project cost, to secure materials and scheduling.
  • Final payment: The remaining balance is due upon project completion, prior to or on the day of final inspection.
  • Accepted payment methods: Check, cash, and electronic transfer. Credit card payments may incur a processing fee.

Late payments are subject to a 1.5% monthly interest charge on the outstanding balance. We reserve the right to place a mechanic's lien on the property in accordance with Colorado law if payment is not received within 30 days of the due date.

4. Scheduling and timelines

Installation dates are scheduled after deposit payment and materials availability confirmation. We make every effort to meet the agreed installation window, but timelines may be affected by:

  • Weather conditions that make safe or quality installation impossible
  • Material supply delays outside our control
  • Utility locating (811) requirements prior to post setting
  • Permit processing times, if applicable

We will communicate any schedule changes as soon as possible. We do not accept liability for consequential damages arising from installation delays outside our reasonable control.

5. Permits and property lines

Permits: Some fence installations in Fort Collins, Loveland, Windsor and other Northern Colorado municipalities require a building permit. It is the customer's responsibility to determine whether a permit is required for their project. We can advise on typical permit requirements for common fence types but we are not responsible for permit applications unless this service is explicitly included in the written quote.

Property lines: The customer is responsible for knowing the location of their property lines. We will install fencing where the customer directs. We are not responsible for encroachments onto neighboring properties, public right-of-way or easements. If you are uncertain of your property boundaries, we strongly recommend obtaining a survey before installation begins.

HOA approval: If your property is subject to a homeowners association, it is the customer's responsibility to obtain HOA approval before installation. We are happy to provide written specifications for your HOA review, but we are not responsible for non-compliance resulting from the customer's failure to obtain approval.

Call 811 before we dig: We call 811 (Colorado 811) before every installation to locate underground utilities. You agree to allow us access to the property for this purpose prior to the installation date.

6. Workmanship warranty

We warranty our workmanship — meaning the quality of installation, post setting and hardware — for one year from the date of project completion. This covers:

  • Gates that do not swing, latch or close as installed
  • Posts that lean or shift as a result of improper setting (not from vehicle impact, soil disturbance by others or flooding)
  • Boards or panels that pull away from rails due to fastener failure

This warranty does not cover:

  • Natural weathering, checking, splitting or color change in wood materials
  • Damage caused by vehicle impact, vandalism, severe weather events (hail, high winds above normal range, flooding) or interference by third parties
  • Customer-supplied materials
  • Normal wear and maintenance requirements (staining, sealing, tightening of hardware)

Material warranties, where applicable, are provided by the manufacturer and are separate from our workmanship warranty. We will assist you in submitting manufacturer warranty claims where we can.

7. Materials

We source materials from established suppliers and use industry-standard grades appropriate for Colorado's climate. Specific material grades and species will be outlined in your written quote.

Natural wood materials (cedar, Douglas fir, pressure-treated pine) are subject to natural variation in grain, color and minor checking. These are not defects and are not covered under warranty.

If a specified material becomes unavailable due to supply constraints, we will notify you and offer a comparable substitute at the same or lower cost before proceeding.

8. Limitation of liability

To the fullest extent permitted by Colorado law, Fort Collins Fence / Elk Fencing LLC's total liability for any claim arising from services provided shall not exceed the total amount paid by the customer for the specific project giving rise to the claim.

We are not liable for indirect, incidental, consequential or special damages, including but not limited to loss of property value, loss of use, or landscaping damage beyond the immediate fence installation area.

We carry general liability insurance through The Hartford. Certificate of insurance is available upon written request.

9. Cancellation policy

You may cancel a scheduled project at any time before materials are ordered. If materials have been ordered or cut to your project's specifications:

  • You are responsible for the cost of materials already ordered or cut
  • The deposit may be applied toward material costs
  • Any balance owed above the deposit for materials ordered will be invoiced separately

We reserve the right to cancel or reschedule projects due to unsafe working conditions, material unavailability or circumstances outside our reasonable control. In these cases, deposits will be refunded in full if the project cannot be rescheduled to a mutually agreeable date.

10. Governing law

These Terms are governed by the laws of the State of Colorado. Any disputes arising from these Terms or from services provided shall be resolved in the courts of Larimer County, Colorado, or through binding arbitration as mutually agreed by the parties.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Last updated: January 1, 2024. These Terms supersede all prior versions. We reserve the right to update these Terms at any time — the current version will always be available at fortcollinsfence.com/terms/.

Questions about a project?

Our team is happy to walk through any terms or project details before you commit to anything.