Custer Fence Terms and Conditions 

Estimates are not contracts and do not guarantee a position on our schedule. Once signed, accepted via text confirmation, and/or via email confirmation the Custer Fence “Estimate” becomes a legally binding agreement to both parties. Client acknowledges that no verbal agreements have been made. Client assumes all responsibility for ensuring completeness and accuracy of written description, quantities, layout, and fence specifications included in bid proposal. Furthermore, any changes in the work, including quantities, layout, and fence specifications, after the date the executed “Estimate” has been provided to Custer Fence, may result in the need to re-price the fence project, signature of a new “Estimate” and delays to the anticipated scheduling of the project. 



The Client is responsible for obtaining and paying all municipal permits; confirm ordinance compliance and Homeowners Association approvals. Sometimes Custer Fence may help assist getting permits if the Client makes a request to do so and is willing to pay a fee to assist in obtaining permits. 

Any provided drawings by Custer Fence are not to scale. One free estimate either verbal, over the phone, or onsite. Additional estimates will incur a fee payable before receipt of the estimate and determined by Custer Fence. Insurance estimates and detailed estimates will require a fee. Decrease in unit size can result in an increase in per unit price. Pricing is only valid if entire job quoted is done together. 

Deposits are not refundable if manufacturing and/or ordering of material has begun. The Client is responsible for material, labor and storage costs if Client chooses to cancel or delay the project. If the Client cancels the order they must do so via email; info@custerfence.com. The Client has until midnight the third business day to cancel the accepted “Estimate” without penalty as long as manufacturing and/or ordering of material has not yet begun. Some regularly stocked material requires little to no deposit, but custom work and specialty work will require a deposit. Deposit size/requirements can vary per custom and special order needs. 

Custer Fence will not be responsible for any delays in the start of the project due to events that are beyond our control, including weather. Client assumes all responsibility for placement of fence including determining property lines and/or property pins. Custer Fence will assume no liability for incorrect placement of fence. Prior to start of fence installation, Client must make themself available to demonstrate desired fence placement to Custer Fence. If the Client delays completion of an installation in progress or prevents a mobilized crew from commencing work, the following will be charged: Lost time or idle workman will be billed at $300/hr. Additional trips to the site will cost Purchaser $750/day. The Client represents and warrants that he has legal right to permit the erection and/or installation of the products or items specified hereunder and has such authority from the legal and equitable owner of the premises involved. In the event this representation is not true or accurate, Client shall absorb all losses, fees and costs occasioned thereby. Custer Fence is not responsible for damage or soiling of driveways, walls, walkways, gardens, shrubbery, sod, grading, etc. 

After completion of fence installation, if a greater amount of fence or gates are installed than what was included in “Estimate”, Custer Fence reserves the right to charge Client at the applicable unit price for actual amounts installed. There will be a $150 delivery charge for local jobs that require additional materials needed to complete the fence installation resulting from changes by the Client the day of the install. No adjustments to price will be made for lesser quantities, unless they are greater than 10% less than what was included in “Estimate”, in which case Custer Fence will offer an equitable adjustment to Client, at Client’s request. No price adjustments available for lesser quantities of custom made or special order materials. 

Custer Fence participates in the Texas 811 program for marking underground lines and will submit a ticket in advance of scheduled installation. Client assumes all responsibility for marking of any private lines and for advising Custer Fence of their exact location and depth prior to start of fence installation. Custer Fence will assume no responsibility for damage to underground lines not marked by Client, or if Client requests fences to be installed in close proximity to lines. Client agrees to provide proper access to area of fence installation, defined as a minimum of 36” of clearance between all fence lines. Cleared area must be devoid of all vegetation, landscaping, landscape rocks, and other objects. Client is also responsible for notifying adjacent property owners of fence installation or replacement, and kenneling or corralling of any domestic animals. Unless otherwise noted in “Estimate” Client is responsible for temporarily securing access to pools, hot tubs, or other potentially hazardous items inside fenced area, during fence installation or replacement. Custer Fence will re-distribute excavated dirt in the area of the fence installation, but will not haul away or move dirt to other parts of property, unless otherwise specified in “Estimate”. The Client is responsible for filling in gaps under installed fence and gaps will be present with uneven grade of terrain. Custer Fence has standard manufacturing techniques, please ask about this. 

Any excess or leftover materials, or spares, not incorporated into final fence installation, will be the property of Custer Fence, unless otherwise specified in “Estimate”. Client acknowledges acceptance of Custer Fence warranty. If charges for fence projects are not paid in full in accordance with the terms of the contract, any warranty that would be offered to Client becomes null and void. For projects where the balance is due at completion, the full balance due must be received in our offices within 5 business days of substantial completion; for projects with terms, the full balance must be received in our offices no later than 3 business days after the due date stated on the final invoice. An additional finance charge of 1.5%/month shall be applied to all delinquent accounts. A $100 service charge plus any and all bank fees will be assessed on all returned checks. Client agrees to make payment in accordance with the terms of the “Estimate”. If payment is not made in accordance with payment terms, Custer Fence reserves the right to pursue lien placement and repossess all materials used in fence installation. Custer Fence may cut posts at ground level and leave stubs and concrete in the ground if we remove materials. All “Bid Proposals” are firm for 7 days after date of proposal, after which time they are subject to change. 

Custer Fence

281-645-0932

Trey Custer – Owner/Manager