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i <br /> �ONTI�C'I' # <br /> AGREEMENT made this /�'�day of c%u l y � ,2015,by and between BIG DOG F'ENCE INC.hereinafter <br /> referred to as"BDF"and � hereinafter referred ta as"Customer." ,. <br /> In consideration of the mutual covenants contained here` and the consideration to be paid by Customer to Big Dag Fence <br /> Inc.,it is agreed as fallows: <br /> 1.Customer shall pay ta Big L7og Fence Inc,the sum of$_��b0 for the work described herein.Payment shall be <br /> made to BDF by the Customer upon completion,unless otllerwise specif�ed. <br /> 2.BDF agrees to fumish atl necessary iabor and materiats to construct the improvements described ' <br /> herein as per the specificatians and drawings,if any,shown on the reverse side.BDF further warrants a11 materials will be as <br /> specified az�d that aii work will be campleted in a workmantike manner according to standard practices. ` '�, <br /> 3.Tf this is a residential j ob,Customer represents and w�trants tlaat he/she is the owner of the property or Renter described <br /> herein.If this is a cominercial job,Customer represents that�elshe is the owner af the praperty described herein,or an � <br /> Authorized Representative,or Agent representing the fo110 Img Business(es)or Organization,titled as, <br />', or renter/cantt-actor who has a contract ta <br /> improve praperty awned by � <br /> and that part of the improvements contracted for by the owner includes the work described herein. ', <br /> 4.Customer agrees to locate,relocate,stake and clear fencs Iines,and assumes full responsibiiity for same.Customer ' <br /> agrees to indennnify and hold BDF harmless for any liability or damages that may result from Customer's failure to properly <br /> locate,stake and clear fenca lines.Customer further agrees to advise BDF of any deed,subdivisian,or other restricLions whieh <br /> may affect canstruction af the fence or other improvements�o be constructed by BDF,and agrees to indemnify and hald BDF <br /> harmless from any liability or damages that may result because of the failure to comply with deed,subdivision,or other <br /> restrictions. <br /> 5,BDF will call the local Utility Locating Service for public utilities only.BDF does not assume any responsibility or .� <br />'� liability for any damage of any nature#o underground obstructions nat marked or flagged by customer.Customer a�ess to � <br /> ctearly"mark"any underground abstrucfiions other than pub�ic utilities in the area af the fence line or the improvements to be <br /> constructed by BDF.Customer assumes responsibility for any damage to underground obstructions caused by Customer's <br />� faiiure to locate arid mark accurately with pain�or flags,their existence.For parpases of thrs Ageement,underground <br /> obstructions include but are not limited ta all improvernents constructed underground including atility pipes,sprinkler pipes, <br /> cables,wires,foundations,and the like. <br />( 6.It is agreed by and between the parties,that any alter tion or deviation from the above specifcatians involving extra cost ' : <br /> is to be performed by BDF and will become an extra charge�ver and above the price stated herein. <br /> 7.Cuscomer agrees to pay in futi#he price stated herein pon comptetion of wark.Any failure to pay within three(3}days <br /> after campletian of work,excluding Sundays and Holidays s�hall be considered a default and BD�'shall be entitled to recover <br /> ti�e full amount af#he invoice pIus interest{finance charge}at the rate of 1 112°lo per mont�l{i 8°la per annum}until the contrdct <br /> price is paid in full.ln the event it becomes necessary for BDF to take collection action,Customer agrees to pay all costs of <br /> collections including reasonable attorney's fees and costs. <br /> 8.It is agreed between the parties that BDF wilI retain$125.00 fram deposit if said cantract is cancelled by eustomer and � ' <br /> customer further agrees to a 25%rastocking fee plus return freight cost for all orders.No return for custatn orders. <br /> 9.It is further agreed hetween the parties that the fencin�materials shalt rema.i�.personat property until the contract price is <br /> II aid in full.In the event the Customer fails to a the contra'ct rice BDF shall have the ri t to eaceabl re assess and <br /> P PY P , � P Y P <br /> I� remove all materials instalied by it an tl'ie premises.CusEom�r furkher agrees that BDF sha2l have ali af the rights af a secured <br /> party, as the same is defined under the Florida Uniform Commercial Code,and that said rights shail be aumulative and in <br /> addition to any other rights which BDF ina}�have in accord�nce with Florida Law. ,. <br /> ' i0.Process&Handiing fea of3°lo on ali credit card saies. � <br /> 11.BDF is not responsible for warping or cracking of wood products. <br /> � 12.BDF will warranty labor for instaltation of residentiaUcommercial fez�ce for a period of I year. <br /> I3.BDF will warranty labor for instailation,(residential�cammercial gate operator)for period of 90 days. <br /> 14.This agreement is the entire agreement of the parties and cannot be changed except in writing signed by both parties. <br /> There are na warranties or representations except as aze expressed herein.BDF specificatly disciaitns att EXPRESS and <br /> IMPLIED W.t1RItA.NTIES,including any WAR.RANTY OF MERCHANT ABILITY or FITNESS FOR A PARTICULAR ' d <br /> PURPQSE. <br /> IN WITNESS WHEREOF the parties have hereunta signed their names on d year first abave written. <br /> Addirional Information ( BIG D iNC.,Sale :Aaron Rocha <br /> By: Date• df �'�`�•� <br /> il Down Payment 50%:$ ,�� .tJ a Custamer:���� � _ ,'� <br /> i Balance Due Upon Compietion:$ c��to� ,t)b Pnnt. ate: <br /> Title: <br /> , � <br />