Terms of Service

By accessing our website and purchasing our products, you (“the Customer”) agree to the following terms and conditions. These terms are designed to clarify the scope of our responsibility and limit our liability.

1. Site Preparation and Underground Utilities

It is the sole responsibility of the Customer to identify and mark all underground utilities, including but not limited to:

• Gas, water, and electrical lines.

• Irrigation systems, fiber optics, and invisible dog fences.

• Septic tanks and drainage pipes.

Bandito Fence and its affiliates are not liable for any damage to unmarked or incorrectly marked underground services. We recommend the customer contact “Call Before You Dig” (e.g., Ontario One Call) prior to any installation.

2. Property Lines and Permits

The Customer warrants that the fence location is entirely within their property boundaries.

• Permits: The Customer is responsible for obtaining all necessary building permits and ensuring compliance with local bylaws, Homeowners Association (HOA) rules, and height restrictions.

• Boundary Disputes: Bandito Fence assumes no liability for legal disputes or costs arising from fences installed on neighbor properties or city easements.

3. Soil and Ground Conditions

Our pricing and product specifications assume standard soil conditions.

• Extraordinary Obstructions: If installation is delayed or prevented by rock, boulders, concrete, tree roots, or high water tables, the Customer is responsible for any additional labor or equipment costs incurred.

• Ground Movement: We are not responsible for “frost heaving” or ground settling that may shift posts or gates after the installation is complete.

4. Limited Warranty and Material Variations

• Natural Variation: Wood products are subject to natural warping, checking (cracks), and shrinking. Metal products may have minor color variations between batches. These are considered characteristics of the material and are not grounds for refund or replacement.

• Third-Party Manufacturers: For pre-manufactured components, Bandito Fence passes through the manufacturer’s warranty only. We provide no additional warranties, expressed or implied.

5. Limitation of Liability

To the maximum extent permitted by law, Bandito Fence’s total liability for any claim arising out of the purchase or use of our products shall not exceed the actual purchase price of the specific goods that gave rise to the claim.

• We are not liable for “consequential damages,” such as lost wages, loss of property value, or fees paid to third-party contractors hired by the customer.

6. Installation by Third Parties

If the Customer hires a third-party contractor to install materials purchased from banditofence.ca:

• We are not responsible for any installation errors.

• Any “missing part” claims must be made before the contractor begins work. We will not compensate for “down-time” or “wait-time” charged by your contractor.

7. Payment and Title of Goods

Full payment is required before materials are released or delivered. Ownership (Title) of the goods remains with Bandito Fence until the invoice is paid in full. We reserve the right to recover any unpaid materials from the Customer’s property.