Unless otherwise indicated, the following terms apply to all sales made by FenceScreen LLC, its subsidiaries, and its affiliates, to you, the purchaser. By finalizing an order and transmitting payment or receiving the goods, you agree to be bound by these terms of sale. We may modify these terms from time to time.
1. Disputes and Arbitration Agreement
1.1 Initial dispute resolution.
We are available by email at [email protected] to address any concerns you may have regarding your purchase. Most concerns may be quickly resolved in this manner. In the event of a dispute, you agree to negotiate with FenceScreen LLC in good faith before initiating a lawsuit or arbitration.
1.2 Agreement to arbitrate.
If no agreement is reached within 30 days of pursuing initial dispute resolution, either party may initiate binding arbitration. Any controversy or claim arising out of or relating to these Terms of Sale, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”), excluding any rules or procedures governing or permitting class actions. The arbitration hearing shall take place in Orange County, CA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The AAA’s Commercial Arbitration Rules will apply to any claims or demands filed by business entities. The AAA’s consumer arbitration rules will apply to any claims or demands filed by an individual.
You understand that, in light of this mandatory provision, you are waiving your rights to sue in court and have your disputes resolved by a judge or jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation, and the right to discovery may be more limited in arbitration than in court.
To the extent the filing fee for arbitration exceeds the cost of filing a lawsuit, FenceScreen LLC will cover the additional expense. If we are required to pay the additional cost of filing fees, you should submit a request for payment of fees to AAA along with your form for initiating arbitration, and we will arrange to pay all necessary fees directly to AAA. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.
1.3 Class action and class arbitration waiver.
You agree that any arbitration will be conducted in your individual capacity and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 1.2 shall be deemed void, and the parties shall be deemed to have not agreed to arbitrate disputes.
1.4 30-day right to opt out.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions in Sections 1.2 and 1.3 by emailing us at [email protected] within 30 days of registering an account. By not opting out, you are required to arbitrate disputes in accordance with the terms of those sections. By opting out, you agree to release FenceScreen LLC from the arbitration clause in Section 1.2.
1.5 Venue.
To the extent that the arbitration provisions set forth in Section 1.2 do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Kings County, New York.
1.6 Applicable Law.
You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Sale and any claim or dispute that has arisen or may arise between you and FenceScreen LLC.
1.7 Survival.
This Section 1 will survive the termination of any or all of your transactions with FenceScreen LLC.
2. Payment Terms
FenceScreen LLC accepts major credit cards, PayPal, purchase orders from qualified customers, personal checks, and cashier’s checks. Payments by credit card will appear on your credit card statement as "FenceScreen LLC." We do not accept payment COD.
2.1 Payment by purchase order.
FenceScreen LLC accepts purchase orders from qualified customers with proven financial stability, such as hospitals, municipalities, school districts, and certain companies. Call us at 888-313-6313, or email us at [email protected] to set up an account. You may be contacted by our accounting department to verify creditworthiness and may be required to provide a deposit to place an order.
2.2 Payment by check.
Make all checks payable to FenceScreen LLC. If you wish to pay by check, we will place your order on hold until we receive and verify a copy of your check. Mail your check, with a printed copy of the order confirmation, to:
FenceScreen LLC
P.O. Box 24602
New York, NY 10017
If you will be sending remittances via overnight express mail, please remit to:
FenceScreen LLC
JPMorgan Chase - Lockbox Processing
Attn: Xpressmyself.com LLC & 24602
4 Chase Metrotech Center, 7th floor East
Brooklyn, NY 11245
2.3 Purchasing procedures; post-order paperwork.
Orders are due for payment upon invoice transmission or upon receipt of goods. FenceScreen LLC will gladly provide W-9 forms and issue invoices to its customers but will not complete purchaser internal purchasing forms or other post-order paperwork. By placing an order, you agree to be governed by the terms and conditions governing post-order paperwork.
2.4 Late payment.
For unpaid account balances, FenceScreen LLC applies a late payment charge of 1 1/3 percent per month (16 percent per year) from the payment due date, or the maximum allowed by law. Any account balance still outstanding six months after delivery of goods will be declared delinquent. We reserve the right to take any steps necessary to collect the unpaid balance and any interest. You agree to pay for any expenses FenceScreen LLC incurs in collecting any amounts past due, including attorney fees and court costs.
3. Deposits
For orders of over $1,000, we require a deposit of 50% before production begins.
4. Delivery Terms
Order processing begins on the day your design is finalized. Most stock items are shipped in 1-3 days. Most custom orders are shipped in 2-7 days. For rush orders, please email our customer service department at [email protected]. Orders may be divided into multiple shipments and can be tracked via your account tab on the website. Unless otherwise specified, all delivery dates are estimates only.
5. Shipping
We base shipping costs on carrier, shipping speed, weight, and distance. Under some circumstances, we may offer promotional shipping rates at our sole discretion. Not all items are eligible for promotional shipping. We will indicate during the checkout process whether a particular item is eligible for promotional shipping.
5.1 Domestic shipping.
Most FenceScreen LLC products can be shipped to most U.S. addresses. Heavy, oversized, and other such items can only be shipped to the continental U.S. and/or via standard delivery, depending on the item. APO/FPO orders are shipped standard delivery only.
Due to the cost to ship outside the continental U.S., promotional shipping, if offered, is valid only within the lower 48 states and excludes heavy or oversized items. Unless you specify a particular shipper, FenceScreen LLC reserves the right to use the lowest-cost carrier.
5.2 International shipping.
Most products can be shipped internationally. If outside the United States, brokerage fees, taxes, and duties may apply. Promotional shipping applies only to items shipped within the 48 contiguous United States. International orders must be prepaid prior to shipping. Some heavy or oversized items cannot be shipped internationally. We do not accept international returns.
6. Damaged Goods
All goods are sold F.O.B. FenceScreen LLC facilities. If your goods are damaged in transit, all claims for damage or loss must be made directly with the carrier within 7 days of receipt of goods. All shipments should be inspected upon receipt.
7. Prices and Product Specifications
7.1 Prices.
Prices are in U.S. dollars, F.O.B. FenceScreen LLC facilities. We are located in Rancho Santa Margarita, California, and charge sales tax for shipments within required jurisdiction applicable by state laws. You may be responsible for sales or use tax within your jurisdiction.
7.2 Best price guarantee.
FenceScreen LLC is committed to offering the most competitive pricing available online. If you find a lower price online, let us know, and we will match it.
7.3 Product specifications.
Prices, minimums, quantities, and specifications are subject to change without notice. Colors may vary from those shown due to computer transmission and printing processes.
8. Return Policy
If your order does not meet your expectations, contact us within 30 days of receipt to return undamaged and unused stock products. We do not accept returns of custom products, international orders, or returns made more than 30 days after delivery. The customer is responsible for return shipping fees. Terms may change at our sole discretion.
9. Order Cancellation
For stock products, cancellation notices must be received at least 24 hours before the shipment date and may be subject to a restocking fee at our discretion.
For custom products, if you cancel before production has started, we may be able to accommodate your request, but we cannot guarantee cancellation. Once a custom order reaches the factory floor, we cannot issue refunds. Orders usually reach the factory floor within 48 hours of approval. Unusual or very large orders of stock products may be processed as custom orders and will be non-returnable. A FenceScreen LLC representative will contact you and secure your written consent before converting a stock product order into a custom product order.
FenceScreen LLC reserves the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per business, or per order, at our sole discretion. In the event we change or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, or phone number listed on the order. FenceScreen LLC reserves the right to cancel any custom orders containing profane, obscene, abusive, offensive, objectionable, or unintelligible language, or any orders that violate third-party intellectual property.
10. FenceScreen LLC Limited Warranty and Limitation of Liability
FenceScreen LLC warrants that all goods will remain free from material and workmanship defects for 90 days following delivery.
10.1 Limited warranty exclusions:
This limited warranty does not apply where:
- The defect is due to a typographical error, whether on stock products or custom products.
- The defect results from improper use, storage, handling, or conditions beyond FenceScreen LLC’s control.
- The defect is caused by modifications, tampering, abuse, accident, vandalism, neglect, or misuse.
10.2 Limitation of liability:
To the extent permitted by law:
- The limited warranty above is in lieu of all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
- The limited warranty is in lieu of any liability or obligation for damages or loss, including direct, indirect, incidental, special, consequential, or exemplary damages.
- Repair, replacement, or credit, at FenceScreen LLC’s option, is your sole remedy for damages or loss.
- FenceScreen LLC’s aggregate liability shall not exceed the cost of goods provided.
For NJ residents, the limitation is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
11. General Conditions
11.1 Indemnification.
You agree to indemnify, defend, and hold FenceScreen LLC harmless from all actual or alleged liability, loss, damage, cost, and expense, including attorney fees and court costs, resulting from your breach of this agreement or use of the goods.
11.2 Waiver; Severability; Integrated Agreement.
The failure of FenceScreen LLC to enforce any right or provision of these Terms of Sale is not a waiver of such right or provision. These Terms of Sale constitute the entire agreement between you and FenceScreen LLC, superseding any prior agreements. If any provision of these Terms of Sale is determined to be void or unenforceable, the remaining provisions will remain in force.
These Terms of Sale hereby incorporate by reference the FenceScreen LLC Privacy Policy and website terms of use. These Terms of Sale were last updated on January 1, 2025.
