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Portillo Fences and Gates

Legal

Terms and Conditions

Last Updated: June 2026

Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Portillo Fences and Gates ("Company," "we," "our," or "us") regarding your use of our website and services.

By accessing our website, requesting estimates, scheduling services, or entering into a service agreement with us, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

About Our Company

Portillo Fences and Gates is a licensed and insured fencing and gate contractor serving the Hudson Valley and Westchester, New York. We install and repair residential and commercial fencing, gates and gate automation, inground motors, arm and slide operators, access control and DoorBird intercom systems, steel and aluminum railings, galvanizing, and stone walls.

Service Area: Brewster, NY, Carmel, NY, Mahopac, NY, Pawling, NY, Beacon, NY, Poughkeepsie, NY, Wappingers Falls, NY, Newburgh, NY, Middletown, NY, New Paltz, NY, Kingston, NY, White Plains, NY, Port Chester, NY, Ossining, NY, Peekskill, NY, Mount Kisco, NY, Tarrytown, NY, New City, NY, Spring Valley, NY, Suffern, NY, Yonkers, NY.

Business Hours: Monday to Friday, 8:00 AM to 5:00 PM

Services Offered

Scope of Services

We provide the following services to residential property owners in the Hudson Valley and Westchester, New York:

  1. Fencing Installation: Wood, vinyl, aluminum, chain link, pool-code-compliant, custom, residential, and commercial fencing
  2. Fence Repair: Repair of wood, vinyl, aluminum, chain link, and custom fencing
  3. Gate Installation: Swing, slide, and custom entrance gates in wood, steel, and aluminum
  4. Automatic Gates and Operators: Automatic gate systems, inground motors, arm operators, and slide operators
  5. Gate Repair: Diagnosis and repair of automatic gate systems, operators, control boards, and safety sensors
  6. Access Control and Smart Entry: Keypads, RFID readers, and DoorBird video intercom integration
  7. Railings and Metalwork: Steel and aluminum railing fabrication and installation, and galvanizing
  8. Stone Walls: Stone wall construction for residential and commercial properties

Service Limitations

We provide fencing, gate, and railing services. We generally do not provide:

  • Commercial or industrial work, unless specifically agreed
  • Services outside our defined service area without a special arrangement
  • Work that violates local, state, or federal regulations
  • Services on properties where legal access or ownership is disputed

Estimates and Proposals

Free Estimates

We provide free, no-obligation estimates. Estimates include a description of the work to be performed, the materials and methods involved, timeline expectations, and the total estimated cost.

Estimate Validity

Estimates are valid for 30 days from the date issued unless otherwise specified. Prices may change after this period due to material cost changes or scope modifications.

Estimate Accuracy

Estimates are based on visible conditions at the time of assessment. Actual costs may vary if the project scope changes at your request, if site conditions (grade, soil, existing structures, or underground utilities) differ significantly from what was visible at assessment, or if access is more limited than expected. We will notify you of any significant cost change before proceeding with additional work.

Scheduling and Service

Timeline and Weather

Service dates are estimates based on normal working conditions. Installation depends on weather and ground conditions, so we may reschedule due to frozen or saturated ground, heavy rain, high wind, or other conditions that affect safety or results. We will communicate schedule changes promptly and work to minimize delays.

Client Responsibilities

To help your service go smoothly, you agree to:

  • Provide clear access to the areas to be cleaned
  • Move or secure vehicles, outdoor furniture, grills, and other movable items away from work areas
  • Mark or identify property lines, and locate any known underground utilities, sprinkler lines, or septic systems
  • Secure pets during work hours
  • Provide clear access to the work area and, where needed, an outdoor power source for gate automation
  • Point out any delicate plantings, irrigation, or lighting near the fence or gate line
  • Make payment as agreed

Site Access and Property Protection

You grant us reasonable access to your property during agreed work hours to perform services. We will make reasonable efforts to protect your property, including taking care around landscaping, fixtures, and finishes.

Some properties have pre-existing conditions that affect installation or limit results. We are not responsible for:

  • Pre-existing damage, settling, grade changes, or boundary issues that affect or limit the work
  • Damage to existing structures, utilities, irrigation, or items that were already failing, unmarked, or improperly installed
  • Delicate items, plantings, or underground utilities that were not disclosed or marked before work
  • Disturbance to unmarked underground utilities, lines, or systems that were not located before digging

If we identify a condition that may affect the installation, we will discuss it with you before proceeding.

Pricing and Payment Terms

Pricing

Our pricing is based on the linear footage and materials involved, the installation methods required, materials and supplies, site conditions and accessibility, and project complexity.

Payment Terms

Unless otherwise stated in writing, payment is due upon completion of the service. For larger projects, we may require a deposit to schedule the work, with the balance due upon completion. We will confirm any deposit and payment schedule in advance.

Accepted Payment Methods

We accept cash, checks, and major credit cards (processing fees may apply). We will confirm accepted methods when you schedule.

Late Payment

Payments not received within 15 days of the due date may incur a late fee at the maximum rate permitted by New York law. If legal action is necessary to collect payment, you agree to pay our reasonable costs of collection as permitted by law.

Warranties and Guarantees

Workmanship

We warrant that all work will be performed in a professional and workmanlike manner consistent with industry best practices. If you are not satisfied with the result of an installation, contact us promptly and allow us a reasonable opportunity to inspect and address the area.

Warranty Limitations

Our work does not warrant against, and we are not responsible for:

  • Normal weathering, fading, surface checking of wood, or seasonal movement of materials over time, which is normal and depends on climate and exposure
  • Damage from improper maintenance or alterations by others
  • Damage from extreme weather events or acts of God
  • Pre-existing damage, defects, or normal wear and weathering of materials
  • Results limited by the age, porosity, or prior condition of a surface

Material Warranties

Any materials used are covered by their manufacturers' warranties, which we will pass through to you. We do not extend manufacturers' warranty terms.

Limitation of Liability

To the fullest extent permitted by New York law, our total liability for any claim arising from our services is limited to the amount you paid for the specific service giving rise to the claim.

We are not liable for indirect, incidental, or consequential damages, lost profits, or damages exceeding the contract value. Our liability insurance covers accidental property damage during our operations, subject to policy limits and exclusions. We are not responsible for pre-existing damage or defects, damage from your failure to disclose known hazards, unmarked utilities, or delicate features, or consequential damages resulting from covered damage.

Indemnification

You agree to indemnify and hold us harmless from claims, damages, or expenses arising from your failure to disclose known site hazards or unmarked utilities, your interference with our work, or claims by third parties based on your actions.

Insurance and Licensing

Portillo Fences and Gates is licensed and insured, and carries liability coverage for our work. We will provide proof of insurance upon request.

Safety and Site Conduct

We follow safe work practices for exterior cleaning, including the safe use of tools, equipment, and machinery. During our work, work areas may contain open post holes, tools, materials, and machinery in use. You are responsible for keeping family members, guests, and pets away from active work areas, not interfering with our work or equipment, and following any safety instructions or barriers we establish.

Photos and Marketing

We may photograph completed fencing and gate projects for our portfolio, website, and marketing materials. If you prefer that we not use photos of your property, please notify us in writing.

Dispute Resolution

Good Faith Resolution

We are committed to resolving any disputes amicably. If you have a concern, please contact us at (845) 282-3336 and allow us a reasonable opportunity to address it.

Governing Law and Venue

These Terms are governed by the laws of the State of New York without regard to conflict of law provisions. Any legal action arising out of or relating to these Terms or our services must be brought in the state courts located in the Hudson Valley and Westchester, New York, and both parties consent to the jurisdiction and venue of those courts.

Limitation of Actions

Any claim or action arising from our services must be brought within the time period permitted by New York law from when the claim arose or when you reasonably should have discovered the issue.

Termination

Termination by Client

You may cancel a scheduled service before work begins by providing reasonable notice. If work has begun, you may cancel by providing notice and paying for all work completed to date and any materials ordered.

Termination by Company

We may decline or stop service if you fail to make payments when due, fail to provide reasonable site access, interfere with our work or crew safety, or if site conditions make the work unsafe or impractical.

Miscellaneous Provisions

Entire Agreement

These Terms, together with any written estimate or agreement for specific services, constitute the entire agreement between you and Portillo Fences and Gates and supersede all prior verbal or written communications.

Modifications

We may update these Terms at any time by posting revised Terms on our website. Continued use of our services after changes constitutes acceptance.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

Waiver

Our failure to enforce any provision does not waive our right to enforce it later or to enforce other provisions.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to a successor business entity.

Force Majeure

We are not liable for delays or failures to perform due to circumstances beyond our reasonable control, including severe weather, natural disasters, government restrictions, labor or material shortages, or public health emergencies.

Survival

Provisions regarding payment, liability limitation, warranties, and dispute resolution survive termination of the service relationship.

Website Terms

Website Use

Our website is provided for informational purposes. By using our website, you agree to use it only for lawful purposes, not to interfere with website operations, not to collect information about other users, and not to transmit harmful code.

Analytics and Cookies

Our website uses cookies for analytics only. We use Google Analytics 4 (Google LLC) and Microsoft Clarity (Microsoft Corporation) to understand how visitors use our site. We do not use advertising, remarketing, or ad-targeting cookies. How we obtain consent for non-essential (analytics) cookies depends on your location, and the details are explained in our Privacy Policy:

  • U.S. visitors: Our cookie banner lets you accept or decline non-essential cookies, and we honor recognized universal opt-out signals such as Global Privacy Control (GPC).
  • Visitors outside the United States (including Jamaica and other jurisdictions with opt-in consent laws): Non-essential cookies are blocked until you give affirmative consent, and you can withdraw consent at any time using our website cookie settings.

For full details on what we collect, how we use it, your privacy rights, and how to exercise them, please review our Privacy Policy.

Email Communications

If you provide your email address, you may receive communications from us related to your service. We comply with the CAN-SPAM Act and all applicable email regulations. You may opt out of marketing emails at any time by contacting us at (845) 282-3336 or through our contact form. Even if you opt out of marketing emails, we may still send transactional emails related to your service.

Children's Use

Our website is not intended for children under 13. We do not knowingly collect information from children under 13, in compliance with COPPA. If you believe a child has provided information to us, contact us immediately at (845) 282-3336 or through our contact form.

Content Accuracy

We strive to provide accurate information on our website but make no warranties regarding the completeness or accuracy of information, the availability of the website, or compatibility with your devices. Website content is subject to change without notice.

Links to Third-Party Sites

Our website may link to third-party websites. We are not responsible for the content, accuracy, or practices of linked sites. Use them at your own risk.

Contact Information

For questions about these Terms or to discuss a project, contact us:

Portillo Fences and Gates

Acknowledgment

By requesting estimates, scheduling services, or entering into an agreement with Portillo Fences and Gates, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Licensed and Insured | Serving the Hudson Valley and Westchester, New York

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