TERMS & CONDITIONS

LIMITED PRODUCT SAFETY INFORMATION AND COMPANY POLICY

PRODUCT SAFETY
Most of the products we sell that use electricity, have motors, wheels, rollers, (or are intended to be used in applications where physical movement of the product is anticipated) will have safety and use instructions included from the manufacturer of the product. You should carefully read and comply with all manufacturer warnings, proper use and safety instructions. If you cannot find the product safety information with the product purchased you should not proceed with use of the product without first obtaining and reading a copy of the safety information. This information can be obtained by contacting the manufacturer and requesting a copy. If you need assistance in obtaining instructional or safety information, or if you do not understand the information you have received with the product, you may contact the store manager at any of our locations for assistance in contacting the manufacturer for clarification.

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TRAILER SAFETY
It is the sole responsibility of the purchaser to ensure a safe trailer hook-up. Special care should be taken to make sure the proper size trailer ball is used and that the hitch is fully latched over the proper size ball with safety pin properly inserted and safety chains properly attached to towing vehicle before each use of the trailer. Trailer lights, turn signals, brake lights, electric brakes ( if purchased) should be tested and fully operable before each use of the trailer. Proper trailer tire condition and air pressure should be checked before each use of the trailer. By purchasing a trailer from American Fence & Supply Co., Inc., purchaser agrees to accept full and complete responsibility for ensuring safe hook-up and safe and proper use of the trailer and hereby agrees to indemnify and hold harmless American Fence & Supply Co., Inc. from any damage or injury which may occur as a result of improper hook- up or use of the trailer. For more comprehensive information on trailer safety, proper hook-up procedure, proper maintenance of a trailer, and proper use of a trailer, you may request a copy of this additional information from any of our stores or go to our website at www.afence.com/safetytrailer.pdf.

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GATES & GATE OPERATOR SAFETY
If you are installing or repairing an automatic gate operator on a new gate or an existing gate you must follow all the manufacturer installation and safety instructions. After installing or repairing any gate (manual or automatic) and/or gate operator purchased from American Fence & Supply Co., Inc. and before placing the gate and/or gate operator into service, the purchaser should purchase and field install all items required to comply with the Underwriters Laboratory (UL) 325 gate standard and the ASTM F2200-02 gate standard. This includes but is not limited to the following items: 1.) Install primary and secondary entrapment protection devices. 2.) Install safety roller covers eliminating pinch points or entrapment danger areas on any rolling, sliding, or horizontally moving gate. There should be no exposed rollers. 3.) Install screening mesh on any rolling gate, sliding gate, or horizontally moving gate and to any area of adjacent fencing that the gate slides past. This screening mesh should have no opening large enough to allow a sphere of 2 1/4” diameter to pass through any portion of the gate or adjacent fencing. 4.) Eliminate any pinch point hazards, crush hazards, or entrapment hazards before placing the gate and/or gate operator into service. If you do not have this safety information you may request a copy of this information at any of our stores or visit our website at www.afence.com/safetygate.html and /or contact ASTM by phone at 610-832-9585 or visit the ASTM website at www.astm.org.

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PRICES
Prices are subject to change without notice. Prices may vary from store to store. Internet pricing may vary from in-store pricing. Some items may not be stocked at all locations. We reserve the right to correct typographical errors in pricing and content of any printed advertisement or catalog. Unfortunately there may be times when we cannot honor an incorrect price and, therefore, we reserve the right to cancel any order.

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ESTIMATES
Our staff is trained and ready to assist you in estimating your material requirements. Estimating assistance rendered by our staff is not guaranteed to complete any specific project requirement or be suitable for the intended use. All estimates are subject to the customer’s final discretion.

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WARRANTY
All product warranties are strictly limited to the warranty provided by the manufacturer of the product. American Fence & Supply Co. does not directly warrant or guarantee any product manufactured by another company directly to the purchaser or end user of the product.

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SALES TAX
All sales are subject to Texas State Sales Tax and Local Sales Tax unless a valid tax exemption certificate is presented on the day of the material sale. Local Sales Tax Rates vary from store to store. Very Important: Once sales tax has been collected for material purchases our stores cannot refund sales tax. Customer must contact the Texas State Comptroller at 1-800-613-6743 for refund of sales tax. If the order is shipped out of the State of Texas, it is the purchasers sole responsibility to remit  any and all state and local taxes due in the state of delivery.

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LUMBER
Direct from Mother Nature, wood products will always vary from piece to piece. In an effort to assure quality to you, we allow no selecting of lumber. All products are sold, "as is" directly from the bundle and allow for knots, splits, cracks, weather checks, rot and wane. Lumber is not warranted against warpage or splitting and we invite you to inspect lumber products prior to purchase. Lumber products may not be returned.

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RETURNS, EXCHANGES & REFUNDS
Most of the merchandise we sell can be returned or exchanged provided certain conditions are met. Items must be returned within 30 days of the original purchase date; the original American Fence & Supply Co. invoice must be presented at the time of the return or exchange. All merchandise to be returned or exchanged must be in new, resalable condition with all original packaging, literature, etc.

The following items cannot be returned or exchanged:
Custom built or fabricated gates and other custom built or fabricated items; items that are special ordered from a manufacturer specifically for you; returns of large quantities of any merchandise that would create inventory levels in excess of the quantities normally stocked at the American Fence & Supply Co store at which the original purchase was made; lumber / wood products; dog kennels; pet carriers; trailers; electrical or electronic items; discontinued or close-out items; pneumatic post drivers; power post hole diggers, products with electrical motors or gasoline engines.

If the item to be returned or exchanged was originally shipped to you, be advised that the shipping charges are not refundable, furthermore you, the customer, will be responsible for returning the merchandise to American Fence and Supply Co. and for all the shipping costs to return the merchandise. Returns are subject to a 20% restocking charge. Returns over $500 may be subject to additional inventory overstock charges. Refunds for purchases paid by check will be refunded no sooner than 14 days from the date of purchase. Refunds for purchases paid by credit card must be credited back to the exact credit card used on original purchase.

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DOWN PAYMENTS & DEPOSITS
These payments are required to secure the customer's obligation to purchase and pay for items which are to be custom ordered, custom fabricated, or placed in lay-a-way. Down payments and deposits are not refundable.

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PAYMENT
We accept cash, MasterCard, Visa, Discover, American Express, and personalized or company checks. Checks must have your name or your company name imprinted by the bank. You must provide a valid driver's license. Checks should be for the amount of purchase only. No two-party checks. No starter checks. Returned checks will be subject to a $25.00 processing fee.

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SPECIFICATIONS
American Fence & Supply Co. strives to be accurate in depicting all products featured on our website. Specifications are subject to change without any notice. If your purchase requires that specifications be perfectly accurate and up-to-date, please inquire about current specifications before ordering your any merchandise.

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SHIPPING
Shipping of purchased material can be provided for a fee. In stock items normally ship within 1-2 business days. Back orders and special orders may take up to 2-3 weeks to ship.

For local shipments, materials will be delivered on a "tailgate basis", i.e.: materials will be dumped in bundles immediately beside or behind the delivery truck, fragile items will be hand unloaded immediately beside or behind the truck. Trucks are not able to leave the street curb unless a suitable driveway is available and only at the instruction of the customer. American Fence & Supply Co. will not be responsible for any property damage or injuries, which occur as a result of customer instruction to proceed beyond the street curb. Purchased materials cannot be transported into yards, garages, or any place other than immediately behind or beside the delivery truck.
 
For shipments out of the local area, we use UPS for shipping smaller items and common carrier freight for items that cannot be shipped on UPS. All smaller items are shipped on standard UPS Ground service unless the customer requests any type of express delivery. Our minimum fee for UPS Ground is $10.00 and shipping costs are priced on an individual basis. There is an additional $5.00 fee for non-commercial shipments on UPS. Shipping costs for larger items shipped on common carrier freight are priced on an individual basis. There is an additional $65.00 fee for non-commercial shipments. Examples of a non-commercial shipment are: a residence, a business located in a private residence, mini storage warehouses, churches, schools, prisons, military bases, construction sites, any commercial business without forklift unloading capability, etc.. We are not responsible for shipments that are lost, damaged or delayed caused by our shipping carriers.

IMPORTANT: Please check your shipment for obvious or possible damage or shortage BEFORE SIGNING DELIVERY RECEIPT. It is the customer's responsibility to be available at time of delivery to unload the shipment, to check all quantities of packages and inspect for damaged or missing packages. Failure to be available and able to unload any shipment could result in shipping company re-delivery and/or storage fees. If a delivery is "non-commercial" as described above, it is the customer's responsibility to coordinate any specific delivery date and/or time with the shipping company. Although some shipping companies will contact non-commercial customers prior to delivery there is no guarantee of this, therefore it is best for the customer to contact the local dispatch agent for the shipping company and coordinate the delivery date and time. American Fence & Supply Co. cannot guarantee any specific date or time for shipments delivered by common carrier. Shortages and damages must be reported immediately on the bill of lading, in writing, when you are asked to sign for the delivery. We ship proper quantities in good condition. The carrier is responsible for the delivery. You or your representative must be present at time of delivery. If you or your representative sign the delivery document and make no notations of shortages or damage, it is assumed that your shipment was received in full in good condition.

The customer or customer representative must be present to unload the shipment. The shipping company will only move the shipment to the rear of the truck; it is the customer responsibility to move the shipment from the rear of the truck. Non-commercial shipments may require hand unloading by the customer.. Lift gate services are available in some locations. With lift gate services, shipments will be lowered to the ground by the driver, the customer is responsible for moving the shipment from that point.. Delivery is to your driveway or closest place the driver can get his truck. The driver will not move packages to your garage or back yard. If you are unable to unload a shipment it is best to have your shipment consigned to the shipping company's freight terminal closest to you. You many then make arrangements to pick up your shipment at that freight terminal

If the customer or representative of the customer refuses to accept or unload a shipment delivered in good condition, the customer will be responsible for all shipping charges, including, but not limited to, the original shipping charges to customer, any freight company storage charges and/or re-consignment charges and the freight charges to return the shipment from the customer to American Fence & Supply Company. If for any reason that a shipment is not to be accepted or unloaded, call us immediately at 512-930-4000. Although nearly all of our shipments reach their destination undamaged by the shipping company, we want you to be prepared and aware of how to sign for your delivery if your shipment is damaged or incomplete. If your shipment is obviously damaged, note the damage clearly on the delivery receipt and have the driver sign or initial by your notations. If your shipment has a package that has been opened or torn, note this fact on the delivery receipt with the comment, "subject to inspection". If your shipment consists of multiple pieces, such as 2 pallets, and 1 crate, make sure you receive all pieces, if not, indicate the actual number of pieces you received and note on the delivery receipt that the shipment was short. As mandated by federal law, when a shipment is picked up by common carrier freight truck for shipment to a purchaser, the shipment immediately becomes the property of the purchaser. All claims for damage or loss must be filed by the purchaser directly to the delivering carrier. If you have any questions, feel free to call us at 512-930-4000 in our Georgetown, TX location or 281-332-0511 in our League City location.

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