Terms and Conditions

Acceptance of Terms

By accessing or using the website at herculesdeckandfence.com (the "Site") or engaging Hercules Deck & Fence ("we," "us," or "our") for services, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use the Site or our services.

These Terms apply to all visitors to the Site and to all customers who enter into a service agreement with Hercules Deck & Fence. Additional terms specific to your project will be set out in a written contract or estimate agreement at the time of engagement.

Description of Services

Hercules Deck & Fence provides residential outdoor construction services, including but not limited to deck design and construction, deck repair and replacement, fence installation, pergola construction, patio covers, and related exterior work. Services are provided in Hercules, California and surrounding service areas as described on the Site.

The availability of specific services may vary. We reserve the right to decline any project at our discretion prior to entering into a written contract.

Estimates and Pricing

All estimates provided by Hercules Deck & Fence are based on a site visit and the information available at the time of the estimate. An estimate is not a final price until it is confirmed in a signed written contract between you and Hercules Deck & Fence.

Prices may change if site conditions, material costs, or project scope change after the estimate is issued. If any change is expected to affect your final cost, we will notify you and obtain your approval before proceeding. We do not perform additional work beyond the agreed scope without written authorization.

Permit fees, if required, are typically included in the project estimate but are subject to the actual fees charged by the relevant city or county building department. Any increase in permit fees beyond the estimate amount will be passed through to the customer at cost.

Scheduling and Cancellation

Project start dates are scheduled after a signed contract and any required deposit are received. Start dates are estimates and may be affected by permit processing times, weather, material availability, or other factors outside our control. We will communicate any schedule changes to you as soon as possible.

If you need to cancel or postpone a scheduled project, please notify us as soon as possible. Cancellations made after materials have been ordered or work has begun may result in charges for materials already purchased and work already completed. The specific terms of cancellation, including any applicable fees or deposit forfeiture, will be set out in your written contract.

Payment Terms

Payment terms, including deposit amounts and the schedule for progress and final payments, are set out in your written contract. Payment is due according to the schedule agreed upon in writing.

Final payment is due upon completion of the work and the final walkthrough. If payment is not received when due, we reserve the right to suspend work until the outstanding balance is paid. Overdue balances may be subject to late fees as specified in the written contract.

We accept payment by check, cash, or electronic transfer unless otherwise agreed in writing. Credit card payments, if accepted, may be subject to a processing fee.

Permits and Compliance

Where required by local ordinance, Hercules Deck & Fence will apply for and obtain building permits on your behalf as part of the project. You are responsible for ensuring that any work performed on your property complies with applicable homeowners association (HOA) rules, covenants, and restrictions. We can assist with HOA submissions but ultimate responsibility for HOA compliance rests with you as the property owner.

Warranty

We stand behind our workmanship. The specific warranty terms for your project - including duration and what is covered - will be stated in your written contract. Material warranties are provided by the respective manufacturers and are separate from our workmanship warranty.

Our warranty does not cover damage caused by misuse, neglect, failure to maintain the structure as recommended, acts of nature, or work performed by others after project completion. The Site and any content on it are provided "as is" without warranty of any kind.

Limitation of Liability

To the fullest extent permitted by applicable law, Hercules Deck & Fence shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or our services, including loss of profits, loss of data, or business interruption, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising from services rendered shall not exceed the amount paid by you for the specific project giving rise to the claim. This limitation applies to the fullest extent permitted by California law.

Site Content and Intellectual Property

All content on the Site - including text, images, logos, and graphics - is owned by or licensed to Hercules Deck & Fence and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or use Site content for any commercial purpose without our written permission.

Dispute Resolution

If a dispute arises between you and Hercules Deck & Fence relating to the Site or services provided, we encourage you to contact us first to try to resolve it informally. Most issues can be resolved through direct communication.

If informal resolution is not successful, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Contra Costa County, California. Both parties waive any objection to jurisdiction or venue in those courts.

Governing Law

These Terms and Conditions are governed by the laws of the State of California, without regard to its conflict of law provisions.

Changes to These Terms

We reserve the right to update these Terms and Conditions at any time. When we do, we will revise the effective date at the top of this page. Your continued use of the Site after any changes means you accept the updated Terms. We recommend reviewing this page periodically.

Changes to these Terms do not affect any written service contract already in effect between you and Hercules Deck & Fence unless both parties agree in writing.

Contact Us

Questions about these Terms and Conditions? Reach out to us directly: