SERVICE AGREEMENT TERMS & CONDITIONS
PET FENCE: The term “Pet Fence” is defined to mean any electronic pet fence system installed by Four Paws Fence including (1) the transmitter mounted in the home, (2) the receiver box worn on the collar strap, (3) the fence wire buried in the ground, and (4) any other item such as batteries, contact posts, Comfort Tips, etc. listed on the face of this agreement.
Pet Fence wire damage caused by customer will be covered under Service Agreement Plan.
Pet Fence wire damage caused by contracted yard work has the following terms and conditions: (1) Customer must give five(5) business days’ notice to Four Paws Fence before contracted yard work begins, so that pet fence wire locating (marking) can be scheduled. (2) Locating (marking) of pet fence wire for contracted yard work that requires digging in the ground, such as: lawn aeration, verticutting, sod removal, new sprinkler installations, cable or phone line installation, etc. will be considered one service call towards plan in effect at that time. (3) If five (5) business days’ notice is not given for contracted yard work, any damage done to wire by contractor shall be billed to customer at full service call rates in effect at that time. (4) If the pet fence wire is cut by any Contractor after a Four Paws Fence Service Technician has marked the pet fence wire for specific work to be done, then customer will be responsible to pay Four Paws Fence full service call rates in effect at that time. (5) Customer reimbursement from contractor is customer’s responsibility.
BUSINESS DAY: The term “Business Day” is defined to mean: (1) Business Days are Monday through Friday 8:00am to 5:00 p.m. (2) Messages left after 5:00 p.m. on weekdays will be considered an 8:00 a.m. next business day call. (3) Messages left during the weekend (Saturday and Sunday) regarding service needs will be considered an 8:00 a.m. Monday morning call. (4) Same Day Service Calls must be received by 9:00 a.m. on Business Days to qualify for Same Day Service. A Four Paws Fence Service Technician will have until 9:00 p.m. to arrive for Same Day Service Calls.
CONTAINMENT GUARANTEE: The term “Containment Guarantee is defined to mean: (1) Four Paws Fence will give a one-hundred (100) percent refund of the original sale price of the installed pet fence equipment (excluding wire and labor) if customer’s pet cannot be contained with the Pet Fence. Providing that the customer has trained the pet as
instructed under the Gentle Steps training program and that all reasonable efforts have been tried by Four Paws Fence. (2) Refund does not apply to Service Agreement Plan Payments. (3) This Containment Guarantee only applies to those customers who have purchased the SAME DAY Service Agreement Plan and are up-to-date on payments for the plan.
If a Four Paws Fence Service Technician does not arrive in the required amount of Service Plan response time, then Customer will receive the next 6 months of the Service Agreement Plan in effect at that time at no charge from the date of the tardy service call. If Customer contacts Four Paws Fence and leaves a message regarding a service need, Customer will be responsible to leave a phone number where they can be reached so service can be scheduled. If Customer cannot be reached, Four Paws Fence will not be responsible to meet guaranteed Service Plan response time for Service Agreement in effect at that time.
All batteries, collar straps, and Comfort Tips, will be mailed First Class United States Postal Service Mail. If customer requests a service call to change a battery, collar strap, contact posts, or Comfort Tips then that service call will be considered as one service call towards the Service Plan in effect at that time. All Warranty service calls, due to a defect in an pet fence transmitter or receiver, will be considered a Service Agreement Plan service call.
If a Customer calls Four Paws Fence stating that the Pet Fence System is not working or that the pet is leaving its boundaries, we at Four Paws Fence will try to solve the problem by phone. If we cannot solve the problem by phone, a Service Technician will be sent to customer’s property. If upon arriving the technician determines that the pet is leaving its boundaries due to 1) a loosened collar strap 2) a dead battery 3) an unplugged or turned-off transmitter or 4) any other change made to equipment or settings by customer, then said service call will be considered as one service call toward service plan in effect at that time.
Moving or adding pet fence wire to Customer’s existing system will be considered as a service call of any
Service Agreement Plan if said service call is completed in 30 minutes. After 30 minutes Customer will be billed at full service call rates in effect at that time.
Four Paws Fence must be given 30 days written notice if Customer’s pet or pets pass away so that necessary adjustments can be made to Service Agreement Plan billing.
TERM: This agreement will require an initial one-year term, automatically billed to Customer’s Credit Card Number. This Agreement will be automatically renewed for successive one year terms. Those customers who purchase a discounted one-year term will also be automatically renewed unless Customer, 30 days prior to the expiration of the term, notifies Four Paws Fence in writing of its decision to terminate the Agreement. Customer is not entitled to a refund on early termination except as provided in the cancellation section below. Customer has the option to upgrade their Service Agreement Plan with 30 days written notice or 30 days telephone notice to Four Paws Fence.
DEFAULT: If Customer does not pay for the cost of said service as described on the face of this agreement, Four Paws Fence may (1) refuse to provide parts or service to the pet fence at the times and discounts stated, and (2) elect to declare the entire remaining amount due for the current term due and payable, and (3) Customer agrees to pay to Four Paws Fence all costs of collection including reasonable attorney’s fees. Furthermore, Four Paws Fence may, at its option, terminate this Agreement immediately if Customer fails to timely pay service invoices as they become due.
CUSTOMER’S RIGHT TO CANCEL: CUSTOMER MAY CANCEL THIS AGREEMENT BY MAILING A WRITTEN NOTICE TO FOUR PAWS FENCE, 6738 W 153rd St. Overland Park KS 66223, BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGNED THIS AGREEMENT.
IF YOU WISH, YOU MAY USE THIS PAGE AS THAT NOTICE BY WRITING “I HEREBY CANCEL” AND ADDING YOUR NAME AND ADDRESS, NOTWITHSTANDING THE FOREGOING, IN THE EVENT CUSTOMER ELECTS TO TERMINATE THIS AGREEMENT, ANY DISCOUNTS EXTENDED TO CUSTOMER FOR SERVICES BASED UPON THEIR EXECUTION OF THIS AGREEMENT WILL BE RESCINDED AND THE CUSTOMER WILL BE RESPONSIBLE FOR THE NON-DISCOUNTED COST OF THE SERVICE.
FOUR PAWS FENCE RIGHT TO CANCEL:
Four Paws Fence reserves the right, at any time, to completely terminate this Service Agreement for any reason or in the event the Customer: (1) installs pet fence wire or equipment with a company other than Four Paws Fence, (2) has any part of the pet fence serviced by a company other than Four Paws Fence, (3) fails to meet the terms and conditions of this Agreement, (4) fails to fulfill the payment terms contained on the face of this Agreement.
WARRANTIES & LIMITATIONS ON WARRANTIES: Four Paws Fence warrants that all work performed and all parts and equipment which may be supplied in the servicing of the Pet Fence will be completed in a workmanlike manner and said work shall be free from defects in materials and workmanship for a period of one (1) year from the date said work was performed or manufacturer’s warranties, whichever is longer. Four Paws Fence obligation for defective products and/or workmanship or any damage caused thereby, and Buyer’s exclusive remedy, shall be limited to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said service and shall be conditioned upon Four Paws Fence receiving actual written notice of said defects within the one (1) year period noted herein. This one (1) year period is an extended warranty benefit Customer receives under this Agreement. This one (1) year extended warranty period shall immediately terminate in the event Customer or Four Paws Fence terminates this Agreement during said one (1) year warranty period. In the event an extended warranty is expressly included in an Installation Agreement, the terms and conditions of that warranty are incorporated herein by reference, and shall supersede the warranty contained in this paragraph, but shall in no way vary any other terms or conditions stated herein.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM FOUR PAWS FENCE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOUR PAWS FENCE SHALL NOT BE SUBJECT TO AND DISCLAIMS: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTIES; (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY FOUR PAWS FENCE OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATED THERETO; AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
The following expressly limits the benefits described on the face of this Agreement:
(1) Four Paws Fence agrees that it shall respond for service within the guaranteed response time of the service call, (2) The trip charge fees to the home will be waived per this agreement. Repairs needed to the wiring while there and replacement service fees will be subject to normal rates. (3) the repair of the Pet Fence will be limited to availability of replacement parts, and (3) this policy or service agreement plan is transferable only if Four Paws Fence receives written notification of said sale of property within 30 days of transfer and the transferee contacts Four Paws Fence and supplies information concerning payment terms, and Four Paws Fence finds said information to be acceptable.
ENTIRE AGREEMENT: This Service Agreement sets forth the entire Agreement between the parties and supersedes all other agreements, either written or oral, concerning the subject of this Service Agreement. Any customer who purchases any service agreement from Four Paws Fence, either on this website or in any other manner, agrees to abide by the terms of this entire service agreement.