Terms and Conditions

The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Service”) govern the services provided to you the Client (“Client”) by Superior Dog Fence, LLC a Virginia limited liability company (“Company,” “our,” or “us”) (each a “Party”, collectively, the “Parties”). 

Services

Company and Client have agreed on services to be performed by Company (“Services”) in exchange for payment set forth in the Proposal (“Payment”). Subject to these Terms and conditions, Company shall perform the tasks necessary to complete the Services consistent with industry standards, at a location, place, and time that Company deems appropriate. Any deviation from the outlined Services must be set forth in writing and agreed to by both parties, and my result in additional charges to Client. Typically, Services will include the installation of an invisible dog fencing system (“the System”) via the following (as needed): the installer will drill through the house or garage to gain access to the transmitter, which must be located indoors. The installer will use a wire-laying machine capable of cutting up to a 3” deep trench in areas where possible and a small cut will be made and sealed in concrete and asphalt driveways. Company will rely on Client for location of the wire and assumes no liability for damages to or from any internal and/or underground wires, pipes, conduits, sewers, tanks, tunnels, etc. caused by and during the use of mechanical equipment. Company is not liable for any re-landscaping or any damage to wires after job completion or acceptance. 


Refunds

Any deposits made are is non-refundable. The Client may request to cancel this transaction at any time prior to the Company commencing installation. If the Client requests to cancel after installation has begun, the Client shall be responsible for all labor costs incurred and for any materials that, in the Company’s sole discretion, are non-salvageable. Within ninety (90) days of installation, if the Client’s pet is unable to maintain containment and does not respond to additional training provided or recommended by the Company, the Company may, at its sole discretion, offer a refund for the cost of materials only, upon removal of such materials from the Client’s property.

Indiminity

Client shall defend, indemnify, and hold Company harmless from and against any claim, loss, costs, or damages, including, without limitations, reasonable attorneys’ fees, arising out of or resulting from any action by any third party against Company that is based upon (i) any negligent, reckless, or intentionally wrongful act or omission of Client (including, but not limited to, any damage or injury caused by Client’s pet) and (ii) any breach by Client of these Terms of Service. 

Venue; Governing Law

The parties agree that any dispute or controversy relating to the Services governed by these Terms of Service will be resolved in state or federal courts located in the City of Richmond, Commonwealth of Virginia; and each Party hereby consents to both the jurisdiction and exclusive venue of the state and federal courts located in the City of Richmond, Commonwealth of Virginia. The dispute shall be governed by and under the laws of the Commonwealth of Virginia, without regard to its conflicts of laws principles. 

Force Majeure

Company will not be liable nor responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing the Services when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Company, including, without limitations, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riots, or other civil unrest, abnormal emergency, revolution, insurrection, epidemic, lock-outs, strikes, or other labor disputes (whether or not reeling to either Party’s workforce), or restraints or delays affiancing carriers, or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunications breakdown or power outage. 


Attorney's Fees

In any legal action or proceeding brought by Company to enforce this Terms of Service and/or to collect Payment for Services (including but not limited to any contractors’ lien), Company shall be entitled to recover its Attorney's’ fees, costs, and other expenses incurred if it prevails in such legal action or proceeding. Company shall not be required to provide any notice of default before proceeding with legal acton.


Client Duties

Client recognizes that Client must do the following in order, or the System may not function as intended:

  • You must condition your pet to the System in the manner prescribed by personal instruction, or the training manual for a minimum of 15 minutes, twice a day, for 9 days or 18 sessions.
  • You must maintain the System equipment in proper working order, to use it in the manner prescribed, including but not limited to, (a) maintaining probe contact with the pet’s skin, (b) maintaining the perimeter wire, (c) maintaining the transmitter and/or receiver, and (d) maintaining the receiver batteries.
  • You may only recharge or replace or recharge receiver collar batteries when collar flashes red.
  • You must not move your pet off leash until your pet is ready (which may take longer than 5 days
  • of leash training).
  • You should always remove the collar from your pet in the following situations:

o At night before bed
o anytime your pet is left unsupervised in a crate or kennel.
o anytime your pet leaves the property for a walk or in a vehicle.

  • You must maintain the collar snugness and inspect your pet(s) neck occasionally for soreness.
  • You must take the electronic receiver off for a mandatory 12 hours out of every 24 hours.
  • You should not attempt to modify or fix the System on your own. Please contact Company if you feel your dog fence needs an adjustment.
  • Occasionally, an animal cannot be trained to avoid crossing the boundary. Therefore, Company cannot guarantee that the System will, in all cases, keep your pet within the established boundary. Accordingly, if you have reason to believe your pet may pose a danger or harm to itself and others if it is not kept from crossing the boundary, you should not rely solely upon the System to contain your pet. Further, Company shall not be liable for any property damage, economic loss, or any consequenNal loss or damages sustained as a result of any animal crossing the boundary.


Limited Manufacture Warranty

Company does not manufacture the system parts, therefore does not offer any manufacturer warranties. However, Company will repair or replace (at Company’s sole discretion) any such defective parts without charge during the first year. After the first year, Client may request repairs of defective parts from Company upon paying a deducible of $75 for a receiver and/or $100 for a transmitter. This warranty does not cover any flood or misuse issues.

Limited Professional Warranty

Within 30 days month of installation, Company will work to correct (at its sole discreNon) any defects in workmanship on System installations. This warranty does not cover any flood or misuse issues.

NEITHER COMPANY NOR ANY PERSON ACTING ON COMPANY’S BEHALF, HAS MADE, MAKES, OR WILL MAKE FOR CLIENT’S, OR ITS CUSTOMERS, OR ANY OTHERS’ BENEFIT, ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, BY OPERATING OF LAW, ARISING FROM STATUTE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CLIENT ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY COMPANY, OR ANY OTHER PERSON ON COMPANY’S BEHALF OTHER THAN THE REPRESENTATIONS AND WARRANTIES EXPLICITLY SET FORTH IN THESE TERMS OF SERVICE. COMPANY MAKES NO REPRESENTATIONS REGARDING THE SPECIFIC PROFITABILITY OF CLIENT’S ACCOUNT AND CLIENT FURTHER RECOGNIZES ANY INFORMATION OR DEMONSTRATIONS PROVIDED BY COMPANY TO CLIENT REGARDING THE PROFITABILITY OF ANY THIRD PARTIES SHALL BE DEMONSTRATIVE IN NATURE ONLY AND CLIENT DOES NOT RELY UPON NOR DOES COMPANY REPRESENT SUCH DEMONSTRATIVE THIRD PARTY SUCCESS AND/OR PERFORMANCE IN ANY MANNER WHATSOEVER CREATES ANY GUARANTEE, REPRESENTATION, WARRANTY, OR OTHERWISE REGARDING CLIENT’S ACCOUNT’S PROFITABILITY AS A RESULT OF THE SERVICES. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING LOSS OF USE AND PROFITS, ARISING OUT OF THESE TERMS OF SERVICE OR WITH RESPECT TO THE SYSTEM OR THE COMPANY’S PERFORMANCE, OR FAILURE TO PERFORM, SERVICES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, EVEN IF COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT IS COMPANY OR ANY COMPANY REPRESENTATIVES LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION OF VALUE, ARISING OUT OF OR RELATED TO THE SYSTEM, THE COMPANY’S PERFORMANCE OF SERVICES, OR ANY BREACH OF THESE TERMS OF SERVICE, REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE, WHETHER CLIENT OR ITS CUSTOMERS WERE ADVISED OF THE POSSIBILITY OF THE DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE, ON WHICH THE CLAIM IS BASED. FURTHER, IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNT PAID BY CLIENT TO COMPANY FOR SERVICES GOVERNED BY THESE TERMS OF SERVICE.