Monday, November 19, 2012

The “Consumer's Bill of Rights”, as published by NAFCA:


Any consumer who chooses to use a NAFCA member has the following rights:

1. Has the right to know the fence installed will be the fence that is specified.
2. Has the right to know that all workers on their project will be legal documented workers.
3. Has the right to an installation started when promised with weather permitting.
4. Has the right to know that the installation has a labor warranty from the installing company.
5. Has the right to report improper installation practices to the North American Fence Contractor’s Association Board of Directors.
6. Has the right to have the fence installed properly and according to industry standards or better.
7. Has the right to know the installing company carries Workman’s Compensation Insurance and General Liability Insurance.
8. Has the right to know that the member company has all the required licenses required by law.

As promised, here is the Consumer Bill of Rights offered by NAFCA. With the possible exception of #5, the right to report improper installation practices to the NAFCA Board of Directors, all of these rights should apply to anyone buying a fence from any contractor. While the NAFCA Board of Directors has no authority over non-members, a complaint would definitely cause an application to be reviewed, should a contractor in violation apply for NAFCA membership.

Starting with #1, it seems like a no-brainer, we all expect to get what we paid for, yet there are disreputable people out there will sell you one thing and deliver something else. In the event that the product specified in the contract is not available, the contractor should give the homeowner the options and allow decisions about alternatives to be agreed upon with the customer.
#2. There may be legal ramifications and insurance concerns to having other than legal documented workers on your property. The laws of this country state that all workers must be legal and documented. No contractor should be allowed to break that law.
#3. Sound customer service would dictate that installation proceed on an agreed upon schedule, weather permitting. It is also the right of the customer to expect the service specified and paid for under the terms of the contract.
#4. A sound and reputable contractor warrants the work performed.
#6. Another no-brainer. One of the things a customer is paying for in the contract is superior knowledge and technique. Improper installation may void manufacturers warranties, so this one is doubly important to the customer.
#7. Any injuries or claims resulting from the materials or installation of the fence ought to be borne by the installer or supplier of the materials, not the customer. Again, the law requires Workman's Compensation Insurance for employees.
#8. It is the contractors duty to have all required licenses. The customer should not need to ask for them. In some cases, permits are voided where proper licensing is missing, resulting in large expenses in time and money.

The provisions in this “Consumer's Bill of Rights” are meant to protect consumers by holding contractors to the highest standards of business ethics. In a perfect world, they would apply to all business transactions. In our world, they only apply to NAFCA member contractors. Who would you hire to install your fence?

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