Policies & Terms
of Service

These Terms and Conditions ("Agreement") constitute a legally binding contract between MBK Fencing ("Company," "we," "us," or "our") and you ("Customer," "Client," or "you") governing all fencing installation, repair, construction, and related services provided by MBK Fencing in North Carolina. By requesting a quote, signing an estimate, making a payment, or allowing work to commence on your property, you agree to be bound by this Agreement.

1.1 Acceptance of Terms

Use of our website, request for services, or execution of a written estimate or contract constitutes full acceptance of these Terms and Conditions. If you do not agree to these terms, please do not engage our services.

1.2 Services Provided

MBK Fencing provides residential and commercial fencing installation, repair, and construction services throughout North Carolina, including but not limited to:

• Wood fence installation and repair
• Chain-link fence installation and repair
• Vinyl / PVC fencing
• Aluminum and steel fencing
• Split-rail and farm fencing
• Privacy, picket, and decorative fencing
• Gate installation and automation
• Fence removal and disposal (when explicitly included in the written estimate and contract)
• Brush clearance and fence line clearing (when explicitly included in the written estimate and contract)
• General construction and related site work

1.3 Contract Formation

A binding contract is formed when: (a) the Customer signs and returns a written estimate or proposal; (b) a deposit is received by MBK Fencing; or (c) work begins at the Customer's direction or with the Customer's consent. Written contracts supersede all prior verbal communications.

1.4 Property Access & Authorization

By engaging our services, you represent and warrant that you are the legal owner of the property or have authority from the property owner to authorize the work. You grant MBK Fencing and its personnel reasonable access to the property during projected installation dates. The Customer must not refuse access to MBK Fencing during those dates. The homeowner is also responsible for providing a fully functioning electrical and water source to MBK Fencing during the project.

1.5 Scope of Work

All work shall be performed as described in the written estimate or proposal. Any changes to scope, materials, or design requested by the Customer after the contract is signed may result in additional charges and a revised completion timeline. Change orders must be agreed upon in writing before additional work proceeds.

1.6 Limitation of Liability

To the maximum extent permitted by North Carolina law, MBK Fencing's total liability to any Customer for any claim arising out of or related to services shall not exceed the total amount paid by the Customer for the specific project giving rise to the claim. MBK Fencing shall not be liable for any indirect, incidental, consequential, or punitive damages.

1.7 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Any disputes arising under this Agreement shall be resolved in the courts of North Carolina, and the parties consent to jurisdiction therein.

1.8 Entire Agreement

This Agreement, together with any written estimate, proposal, or contract, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements.

MBK Fencing ("we," "us," "our") is committed to protecting the privacy of our customers and website visitors. This Privacy Policy explains how we collect, use, store, and protect your personal information.

2.1 Information We Collect

• Contact Information: Name, phone number, email address, and mailing/property address
• Project Information: Details about your fencing or construction project, property type, and preferences
• Payment Information: Billing information necessary to process payments (we do not store full credit card numbers)
• Communications: Records of emails, text messages, or other correspondence between you and MBK Fencing
• Website Data: IP address, browser type, pages visited, and cookies (if applicable)

2.2 How We Use Your Information

Your information is used solely for legitimate business purposes, including:

• Preparing and delivering estimates and proposals
• Scheduling and completing contracted work
• Processing payments and maintaining financial records
• Communicating about your project status
• Responding to inquiries and customer service matters
• Legal compliance and record-keeping as required by North Carolina law
• Sending occasional service updates or promotional offers (with opt-out option)

2.3 Information Sharing

We do not sell, rent, or trade your personal information to third parties. We may share information only in the following circumstances:

• With subcontractors or material suppliers strictly to fulfill your project
• With payment processors as necessary for billing
• As required by law, court order, or government authority
• To protect the rights, property, or safety of MBK Fencing, our customers, or others

2.4 Data Security

We implement reasonable physical, administrative, and technical safeguards to protect your personal information from unauthorized access, disclosure, or misuse. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

2.5 Retention

We retain customer records for a minimum of seven (7) years as required for contractor licensing, tax, and legal compliance in North Carolina. After that period, records are securely destroyed.

2.6 Your Rights

You may request access to, correction of, or deletion of your personal information by contacting us directly. We will respond within a reasonable time consistent with applicable law.

2.7 Cookies & Website Tracking

Our website may use cookies to improve your browsing experience. You may disable cookies through your browser settings, though this may affect some website functionality.

3.1 Underground Utilities — Customer Responsibility

Prior to any digging or post installation, it is the Customer's sole responsibility to contact NC 811 (Call Before You Dig) to have underground utilities located and marked. The Customer must call 811 and have their property marked before any digging takes place at the listed property address. MBK Fencing will make reasonable efforts to avoid marked utilities but is not responsible for damage to unmarked or improperly marked underground lines, pipes, cables, or other utilities. Additional charges may apply if work must be modified due to utility conflicts.

3.2 Property Lines & Surveys

MBK Fencing installs fencing based on Customer-provided property line information. It is the Customer's sole responsibility to verify property boundaries, ensure all boundary markers are clearly present and accurate before installation begins, obtain a survey if necessary, and ensure fencing is placed within the Customer's property. MBK Fencing is not responsible for incorrectly placed fencing due to inaccurate property line information, or for any neighbor disputes or legal issues arising from fence placement.

3.3 HOA & Regulatory Requirements

The homeowner is responsible for ensuring all HOA requirements and applicable state or county requirements are met before the start of fence installation. Unless explicitly stated in the written contract, obtaining required permits and HOA approvals is the Customer's responsibility. MBK Fencing can assist in identifying permit requirements but is not liable for work halted or removed due to permit non-compliance.

3.4 Soil & Ground Conditions

Estimates are based on standard soil conditions. Rocky, root-dense, sandy, waterlogged, or otherwise difficult ground conditions may require additional labor, equipment, or materials not included in the original estimate. MBK Fencing will notify the Customer of such conditions as soon as they are discovered, and additional costs must be agreed upon before work continues.

3.5 Existing Structures & Undisclosed Features

MBK Fencing is not responsible for damage to existing landscaping, irrigation systems, sprinkler lines, buried drainage, decorative elements, or other property features not disclosed by the Customer prior to commencement of work. Customers should disclose all known features within or near the work area.

3.6 Excluded Services

MBK Fencing is not responsible for any additional work such as brush clearance or fence line clearing unless explicitly stated in the written estimate and customer contract. Customers should confirm with MBK Fencing prior to project start whether these services are included.

3.7 Material Availability & Substitutions

MBK Fencing will use materials as specified in the written estimate. If a specified material becomes unavailable, we will notify the Customer and propose an equivalent or superior substitute at no additional cost, or adjust pricing accordingly with Customer approval.

3.8 Weather & Scheduling Delays

MBK Fencing cannot be held liable for unfavorable weather conditions or unmarked utility lines that may delay the start and/or completion of installation. Severe weather, frozen ground, or unsafe conditions may necessitate rescheduling. We will communicate delays promptly and reschedule as soon as conditions allow.

3.9 Website Information Disclaimer

Information provided on this website is for general informational purposes only and does not constitute a binding quote or guarantee of availability. Actual project costs, timelines, and specifications are determined through on-site assessment and a written estimate.

3.10 No Guarantee of Specific Outcome

While MBK Fencing takes great pride in quality workmanship, we cannot guarantee specific aesthetic outcomes beyond the scope of work described in the written contract, particularly where natural materials such as wood are used, which may vary in grain, color, or appearance.

4.1 Estimates

All written estimates provided by MBK Fencing are valid for 30 days from the date of issuance unless otherwise stated. Estimates are based on site conditions at the time of assessment; significant changes in project scope, material costs, or site conditions may require a revised estimate.

4.2 Deposit Requirement

A deposit is required to schedule and begin work. All materials deposits are nonrefundable. Standard deposit amounts are as follows:

Deposits secure your place in the schedule and are applied toward the total project cost. The materials deposit is nonrefundable in all cases, as materials may be ordered or fabricated immediately upon contract execution.

4.3 Payment Schedule

The remaining balance (labor costs) is due upon completion of the project unless a different payment schedule is outlined in the written contract. All payments are to be made out to My Brother's Keeper Fencing LLC. Upon final payment, the fence installation is considered accepted by both the Customer and MBK Fencing. For large commercial projects, milestone-based payment schedules may be arranged in advance.

4.4 Accepted Payment Methods

MBK Fencing accepts cash, check, and major credit/debit cards. Returned checks are subject to a $35 returned check fee. A credit card surcharge may apply where permitted by law.

4.5 Late Payments

Balances not paid within 15 days of project completion may be subject to a late payment fee of 1.5% per month on the outstanding balance. MBK Fencing reserves the right to pursue collection through all legal means available under North Carolina law, including filing a mechanic's lien on the property.

4.6 Price Changes

If unforeseen conditions require additional labor or materials beyond the written estimate, MBK Fencing will notify the Customer immediately. No additional charges will be incurred without written Customer authorization, except in cases of safety-critical issues discovered during construction.

5.1 Workmanship Warranty

MBK Fencing warrants all labor and workmanship for a period of one (1) year from the date of project completion, contingent upon MBK Fencing performing any fence staining included in the contract within 60 days of project completion. During this period, MBK Fencing will correct any defects in installation or construction workmanship at no charge to the Customer.

5.2 Materials Warranty

Materials are warranted against manufacturer defects according to the individual manufacturer's warranty terms, which vary by product. Common material warranties include:

• Vinyl/PVC fencing: Manufacturer warranties typically range from 10 years to lifetime
• Aluminum fencing: Manufacturer warranties typically 10–20 years
• Wood fencing: No standard manufacturer warranty; natural weathering, checking, and splitting are normal characteristics and are not covered
• Chain-link fencing: Manufacturer warranty varies by coating and gauge
• Gate hardware & automation: Per manufacturer warranty

5.3 Warranty Exclusions

Warranties do not cover:

• Damage caused by severe weather events, including hurricanes, flooding, high winds, or ice storms
• Damage caused by vehicle impact, vandalism, or Acts of God
• Normal wear, weathering, fading, or aging of natural materials
• Damage resulting from Customer or third-party modifications to the installed product
• Issues arising from soil settlement, erosion, or ground movement not attributable to installation method
• Work performed by parties other than MBK Fencing on or adjacent to the installed fence
• Projects where fence staining (if contracted) was not completed within 60 days of project completion

5.4 Warranty Claims

To make a warranty claim, contact MBK Fencing in writing within the warranty period, describing the defect and providing photos where possible. We will respond within 5 business days to assess and schedule any necessary repairs.

6.1 Licensing & Insurance

MBK Fencing operates in full compliance with North Carolina contractor licensing requirements. We maintain comprehensive general liability insurance and workers' compensation coverage. Certificates of insurance are available upon request prior to project commencement.

6.2 Workplace Safety

MBK Fencing adheres to all applicable Occupational Safety and Health Administration (OSHA) standards and North Carolina Department of Labor requirements. All personnel are trained in jobsite safety practices. We reserve the right to halt work if unsafe conditions exist on or adjacent to the worksite.

6.3 Customer Safety During Construction

For the safety of all parties, Customers and their families, guests, and pets should maintain a safe distance from active work areas. MBK Fencing is not liable for injuries sustained by persons who enter active construction zones without authorization.

6.4 Environmental Compliance

MBK Fencing disposes of materials and debris in accordance with applicable North Carolina environmental regulations. We do not dump materials on-site or in unpermitted areas. Old fencing materials removed as part of a project will be properly disposed of unless the Customer requests otherwise.

6.5 Code Compliance

MBK Fencing constructs fencing in accordance with applicable local building codes and ordinances. Where permits are obtained by MBK Fencing as part of the contract, we ensure work passes required inspections. The Customer remains responsible for any code issues stemming from pre-existing conditions or customer-directed work that deviates from code-compliant recommendations.

For questions regarding any of these policies, to make a warranty claim, or to request a copy of our insurance certificate, please contact us: