Marksman Gate LLC
Effective Date: Jan 1st, 2026
These Terms & Conditions (“Terms”) apply to all estimates, quotes, invoices, and work orders issued by Marksman Gate(“Company,” “we,” “us,” “our”) and are incorporated into any agreement when a customer (“Customer,” “you,” “your”) signs an estimate/quote and/or pays a deposit. By signing the estimate/quote and/or paying a deposit, you agree to these Terms.
1.1 Company / We / Us / Our: Marksman Gate, its employees, and authorized subcontractors.
1.2 Customer / You / Your: The person or entity named on the estimate/invoice and the owner (or authorized agent) of the Property.
1.3 Property: The address/location where the Work is performed.
1.4 Work: All labor, materials, equipment, and services described in the estimate/quote and any signed Change Orders.
1.5 Contractors / Subcontractors: Third parties hired by us to perform part of the Work.
2.1 This agreement represents the entire and integrated agreement between CUSTOMER and COMPANY and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by a written instrument offered by CONTRACTOR and accepted by CUSTOMER.
2.2 Only items specifically listed in the estimate/quote or Change Orders are included in the price. All other work is excluded unless added via Change Order.
3.1 Estimates/quotes are valid for 30 days from the date issued unless otherwise stated.
3.2 Pricing is based on material and labor costs at the time of estimate. If supplier or material costs change significantly before you approve and pay the deposit, we may adjust pricing and will notify you for written approval.
3.3 Sales tax, permit fees, inspection fees, or other government/third‑party fees are additional unless explicitly stated in the estimate.
4.1 Standard payment schedule (unless otherwise stated in writing):
• 50% deposit due at acceptance of the estimate (before ordering materials or scheduling crews).
• 50% balance due upon substantial completion of the Work and prior to system activation / final handover.
4.2 Payment is due as invoiced. Past‑due balances may incur:
• A late fee of up to 1.5% per month (or the maximum allowed by law), and
• Reasonable collection costs and attorneys’ fees where permitted by law.
4.3 Warranty and non‑emergency service may be suspended on accounts with any outstanding balance.
4.4 We reserve all lien and collection rights available under applicable law.
5.1 Customer is responsible for:
• Identifying property lines and any easements affecting gate placement.
• Obtaining any required HOA approvals.
• Disclosing known underground utilities, irrigation, septic, drainage, and structural conditions that may affect the Work.
5.2 We are not responsible for unmarked or incorrectly marked utilities or conditions concealed or not reasonably visible at the time of estimate.
5.3 Frost, snow, ice, freeze/thaw, and soil movement can affect posts, concrete, and gate alignment. Pricing assumes normal conditions; abnormal or unstable conditions may require additional work and cost.
6.1 If we encounter rock, underground obstructions, unsuitable soil, water, hidden structural issues, or other unforeseen conditions, additional work and cost may be required via written Change Order.
6.2 If the originally approved solution becomes impractical, unsafe, or non‑compliant due to such conditions or code requirements, we may:
• Propose an alternative design and pricing, or
• Stop work and bill for work and materials provided to date.
7.1 We are not responsible for damage to the work or property caused by weather or events outside our control, including but not limited to: heavy rain, flooding, snow, ice, freeze/thaw cycles, frost heave, high winds, storms, hail, falling trees/branches, lightning, or other “acts of God.”
7.2 We are not responsible for damage caused by vehicles, equipment, animals, impact, vandalism, misuse, lack of reasonable maintenance, or work performed by others.
7.3 Any repairs required due to these causes will be billed as separate work at our then‑current rates.
7.4 Gates, posts, concrete, hardware, and automation equipment can be affected over time by soil movement, frost heave, standing water, corrosion, and other natural conditions. Our warranty does not cover damage or movement caused by these conditions.
8.1 Where required, permits and inspections may be:
• Obtained by us and billed to you, or
• Obtained directly by you, as specified in the estimate.
8.2 We are not liable for delays or added costs caused by permitting authorities, inspectors, or other third parties.
8.3 You are responsible for HOA approvals and any related fees unless otherwise agreed in writing.
9.1 Manufacturer Warranty
Motors, operators, electronics, and other components are covered only as provided by each manufacturer. Their written warranty controls parts coverage and duration.
9.2 Limited Workmanship Warranty
We warranty our installation workmanship to be free from defects for 90 days from substantial completion, provided the system is used and maintained as intended. Our sole obligation under this warranty is to repair or replace defective workmanship at our option.
9.3 Exclusions
This warranty does not cover:
• Damage or movement caused by weather, snow, ice, wind, storms, hail, flooding, frost heave, freeze/thaw, soil movement, or other natural conditions.
• Damage from vehicles, equipment, impact, abuse, misuse, or vandalism.
• Damage from power surges, lightning, utility issues, or other electrical problems outside the gate system.
• Incorrect High Voltage and Power systems outside of the manufacturers recomendation
• Damage or failures resulting from modifications, adjustments, or repairs by anyone other than Marksman Gate without our written consent.
• Failure due to lack of reasonable maintenance.
9.4 Warranty service may be denied or suspended if your account has an outstanding balance.
9.5 Electrical Supply & Circuit Requirements
The proper operation and warranty coverage of any gate operator, motor, or automation equipment is conditioned on it being connected to a dedicated electrical circuit that meets the manufacturer’s specifications and applicable electrical code. If, during estimate or installation, we recommend an electrical upgrade (including but not limited to: dedicated circuit, proper wire size, grounding, surge protection, or correction of existing deficiencies) and you decline or fail to have this work performed, then:
• Any manufacturer or workmanship warranty related to the operator, controls, or automation equipment will be void, and
• Any service calls, repairs, or replacements required as a result of inadequate or improper electrical supply will be billed at our then‑current rates.
We are not responsible for performance issues, failures, or damage caused by inadequate, shared, or non‑compliant electrical circuits, power surges, or other power quality problems outside the gate system.
10.1 Routine maintenance (lubrication, adjustments, cleaning, sensor checks, snow/ice clearance, etc.) is not included unless a separate maintenance agreement is purchased.
10.2 Customer is responsible for basic upkeep, including:
• Keeping gate paths clear of snow, ice, and debris.
• Keeping photo eyes/sensors clean and unobstructed.
• Preventing standing water at posts or footings where reasonably possible.
10.3 Service calls outside warranty, or to address non‑warranty issues, are billed at our then‑current trip, labor, and material rates.
11.1 Unless explicitly listed in the estimate or a signed Change Order, this Agreement does not include:
• Landscaping, grading, drainage systems, or re‑paving.
• Concrete, asphalt, or masonry beyond specified posts/footings.
• Painting or staining existing structures.
• Electrical work beyond the specified connection point (e.g., bringing new power to the gate).
• Internet/network configuration for smart controllers or apps.
11.2 Any such services requested will be treated as additional work and priced separately.
12.1 Any change to scope, materials, layout, location, or added features must be approved in writing (signed Change Order, email, or text confirmation from the office) and may affect price and schedule.
12.2 Verbal requests made only to installers in the field are not binding until confirmed by the office in writing.
13.1 Our design and recommendations are based on conditions visible and information provided at the time of estimate. We do not guarantee that the chosen solution will resolve all pre‑existing site issues (e.g., drainage, structural movement, grading) unless explicitly stated in writing.
13.2 If, due to code, safety, or unforeseen conditions, the approved solution cannot be implemented as designed, we will propose an alternative. If you decline the alternative, you are responsible for payment of work and materials completed to date.
14.1 We will provide an estimated installation window after deposit is received and materials are available.
14.2 Scheduling is subject to weather, vendor lead times, site readiness, and other factors beyond our control. We are not liable for incidental damages or losses arising from delays.
14.3 You must provide clear access to the Property, including drive lanes, parking, and any necessary power. If our crew cannot work due to site inaccessibility or conditions under your control, we may charge a trip or standby fee and reschedule at our next availability.
14.4 Access to the property for an agent of administrative authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to the customer.
15.1 If applicable law grants you a statutory right to cancel (e.g., a 3‑day home‑solicitation right), you may cancel by delivering written notice within that period.
15.2 After any statutory cancellation period:
• If you cancel before materials are ordered and crews scheduled, any deposit may be refundable minus reasonable administrative costs, if agreed in writing.
• If you cancel after materials are ordered and/or work has begun, part or all of the deposit may be retained to cover materials, restocking fees, and labor performed.
16.1 Unless you object in writing, you grant us permission to photograph the installed Work and use those photos (without identifying your address or full name) in our marketing materials, website, and social media.
17.1 To the fullest extent permitted by law, our total liability for any claim arising out of or related to this Agreement or the work is limited to the amount you paid us for the specific project giving rise to the claim.
17.2 We are not liable for indirect, incidental, special, or consequential damages (including loss of use or lost income).
17.3 This Agreement is governed by the laws of the state where the Property is located. If legal action is required to collect unpaid amounts, we may recover reasonable attorneys’ fees and costs where permitted.
17.4 If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
We may update these Terms and Conditions from time to time. The latest version will always be available on our website with the effective date.
For any questions regarding these Terms of Service, please contact us at:
Marksman Gate LLC
Phone: (617) 762-6632
Email: [email protected]
Website: https://marksmangate.com/