Last updated: July 12, 2025

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://ornamentalfenceproducts.com website (the “Service”) operated by Ornamental Fence Products (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Ornamental Fence Products and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Ornamental Fence Products.

Ornamental Fence Products has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Ornamental Fence Products shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Terms of Sale

1. PAYMENT & CREDIT. Payments for orders are due by the due date indicated in the invoice issued by Ornamental Fence Products (“Supplier”). Credit is granted at the sole discretion of Supplier and may be withdrawn or re-evaluated from time to time by Supplier. Credit card transactions are not eligible for payment discounts. Unearned payment discounts will be charged back at the discretion of Supplier. A minimum order charge, freight charge, and other handling or service charges may apply to transactions as itemized in the relevant invoice.

2. EMAIL CONSENT. If Customer wants to receive invoices, statements, and notices (“Documents”) by email, Customer agrees to provide Supplier with a valid email address and to keep Supplier informed of changes to its email address over time. Customer is solely responsible for keeping its email account secure and accessible only by authorized persons and assumes all risk of use of its email system. Customer agrees that Supplier’s communications over email are provided “as is,” and Supplier does not warrant that it will be uninterrupted, virus-free, or error-free.

3.SERVICE CHARGE & RETURNED CHECKS. For checks returned due to insufficient funds, a $30.00 charge (or the maximum charge permitted by law) will be assessed for each check returned. If a payment discount was applied to the transaction, this discount will be disallowed and charged back. All past due balances are subject to a service charge of 1 1/2% per month (18% annual), or the maximum permitted by law, whichever is less. Should an action be brought to collect any balances past due or enforce any of the other provisions in these Terms of Sale (“Terms”), Supplier shall be entitled to recover its court costs and reasonable attorneys’ fees from Customer.

4. TAXES. All local, state, and federal sales, use, excise, or other taxes applicable to the materials sold to Customer shall be borne by Customer. To the extent that any additional applicable taxes, license fees, inspection fees, environmental fees, or other charges are imposed by any governmental or regulatory authority or agency on any materials sold hereunder, or levied on the production, manufacture, transportation, sale, delivery, or otherwise levied on materials sold or delivered, Customer shall reimburse Supplier for such additional taxes, fees, and charges. Failure of Supplier to add any such tax, fee, or charge to the invoice for the product sale shall not relieve Customer from liability therefor, and Customer shall pay such tax, fee, or charge when invoiced by Supplier, even if invoiced separately. In addition to the taxes, fees, or charges, Customer shall reimburse Supplier for any interest and/or penalty assessed by any governmental or regulatory authority or agency when the penalty and/or interest is assessed as the result of false, incorrect, or delinquent certification(s) made by Customer to Supplier.

5. WARRANTY; DISCLAIMER; LIMITATION OF LIABILITIES. Supplier’s warranty by product line is available upon request or at Supplier’s website. THERE ARE NO WARRANTIES OR CONDITIONS, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXPRESS OR IMPLIED, BEYOND THE PROVISIONS OF SUPPLIER’S EXPRESS WRITTEN WARRANTY. REGARDLESS OF WHETHER A CLAIM IS MADE BASED ON BREACH OF CONTRACT, STRICT LIABILITY, OR OTHERWISE, IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY DAMAGES WITH RESPECT TO, ARISING OUT OF, OR IN CONNECTION WITH, THE MATERIALS SOLD TO CUSTOMER IN EXCESS OF THE PRICE FOR SUCH MATERIALS. IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR ECONOMIC LOSS, REPLACEMENT COSTS, HANDLING, INSTALLATION, OR LABOR IN MAKING SUCH REPLACEMENT OR REPAIR, OR ANY OTHER SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.

6. RMA. Prior authorization must be obtained from Supplier before return of materials sold hereunder. If return is permitted by Supplier, a 15% handling charge will be assessed on all materials sold hereunder and returned for Customer’s convenience. Non-stock and special orders are not cancellable or returnable after the order has been placed.

7. INSPECTION, CLAIMS, AND DELIVERY INDEMNIFICATION. Customer shall inspect all materials for shortage, damage, or non-conformity immediately upon receipt. All claims must be submitted by Customer to Supplier in writing within three (3) days of receipt of materials. Supplier is not responsible for any damages or liability in connection with the delivery or transport of the materials, whether or not caused by the common carrier, Customer, or a third party, and Customer shall indemnify, defend, and hold Supplier harmless from any claims, damages, and losses arising from the delivery and/or transport of the materials.

8. QUOTATIONS. Quotations are based on the Customer’s written list of materials. Customer assumes all responsibility for the accuracy, acceptance, and compliance with any plans or specifications for all materials sold hereunder, and Supplier assumes no responsibility for the same. Valid quotations must be obtained in writing and are subject to availability and change in price unless such written quotation states otherwise.

9. INSTALLATION, HANDLING, AND USE INDEMNIFICATION. Supplier is not responsible for the handling, use, or installation of materials sold to Customer. Customer shall indemnify, defend, and hold Supplier harmless from all claims, damages, and losses (including attorneys’ fees) arising from or related to the handling, installation, or use of materials sold to Customer.

10. FORCE MAJEURE. Supplier shall not be liable for any failure or delay in performance caused by an event of force majeure, including but not limited to acts of God, pandemics, labor disputes, fires, floods, wars, riots, unavailability of materials, delays of carriers, or governmental restrictions.

11. JURY WAIVER AND GOVERNING LAW. These Terms shall be governed by the laws of the State of Texas. CUSTOMER AND SUPPLIER WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THESE TERMS.

12. VENUE. All collection actions by Supplier against Customer may be submitted to the State or Federal courts located in Dallas County, Texas.

13. MISCELLANEOUS. (a) Every purchase of materials shall be governed by these Terms. In the event of any inconsistency between these Terms and a quotation, order, or invoice, these Terms shall prevail unless otherwise agreed in writing. (b) The remedies reserved herein shall be cumulative. (c) Customer may not assign its rights under these Terms without Supplier’s written consent. (d) Any waiver of rights by Supplier must be in writing. (e) If any provision of these Terms is unenforceable, the remaining provisions shall remain valid. (f) Supplier may modify these Terms from time to time, and modifications will be posted on Supplier’s website. (g) These Terms prevail over all of Customer’s terms and conditions unless modification is agreed upon in a signed written agreement by both parties.

 

Contact Us

If you have any questions about these Terms, please contact us.