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CONTRACT AGREEMENT made this ~day of J(lt\ ,19~, by and between ACME FENCE hereinafter referred to as "Acme Fence" and E f~: \ ~ a"tl.Il.-fJ... , hereinafter referred to as "Customer." In consideration of the mutual convenants contained herein and the consideration to be paid by Customer to Acme Fence, it is agreed as follows: 1. Customer shall pay to Acme Fence the sum of $ LJ .3 .:~. ",,", for the work described herein. Payment shall be made to Acme Fence by the Customer upon completion unless otherwise specified. 2. Acme Fence agrees to furnish all necessary labor and materials to construct the improvements described herein as per the specifications and drawings, if any, shown on the reverse side. Acme Fence further warrants all materials will be as specified and that all work will be completed in a workmanlike mamer according to standard practices. 3. If this is a residential job, Customer represents and warrants that he is the owner of the property described herein. If this is a commercial job, Customer represents that he is the owner of the property described herein, or a contractor who has a contract to improve property owned by AI /6- and that part of the improvements contracted for by the owner include the work described herein. 4. Customer agrees to locate, relocate, stake and clear fence lines, and assumes full responsibility for same. Customer agrees to indemnify and hold Acme Fence harmless for any liability or damages that may result from Customer's failure to properly locate, stake and clear fence lines. Customer further agrees to advise Acme Fence of any deed, subdivision, or other restrictions which may affect construction of the fence or other improvements to be constructed by Acme Fence, and agrees to indemnify and hold Acme Fence harmless from any liability or damages that may result because of the failure to comply with deed, subdivision, or other restrictions. 5. Acme Fence does not assume any responsibility or liability for any damage of any nature to underground obstructions. Customer agrees to clearly mark and advise Acme Fence of any underground obstructions in the area of the fence line or the improvements to be constructed by Acme Fence. Customer assumes responsibility for any damage to underground obstructions caused by Customer's failure to mark or advise Acme Fence of their existence. For purposes of this Agreement, underground obstructions include but are not limited to all improvements constructed underground including utility pipes, cables, foundations, and the like. 6. It is agreed by and between the parties, that any alteration or deviation from the above specifications involving extra cost is to be perfonned by Acme Fence and will become an extra charge over and above the price stated herein. 7. Customer agrees to pay in full the price stated herein upon completion of work. Any failure to pay within seven (7) days after receipt of the invoice shall be considered a default and Acme Fence shall be entitled to recover the full amount of the invoice plus interest (finance charge) at the rate of 1 112% per month (18% per annum) until the contract price is paid in full. In the event it becomes necessary for Acme Fence to take collection action, Customer agrees to pay all costs of collections including reasonable attorney's fees and costs. 8. It is further agreed between the parties that the fencing materials shall remain personal property until the contract price is paid in full. In the event the Customer fails to pay the contract price, Acme Fence shall have the right to peaceably repossess and remove all materials installed by it on the premises. Customer further agrees that Acme Fence shall have all of the rights of a secured party, as the same is defined under the Florida Unifonn Commercial Code, and that said rights shall be cumulative and in addition to any other rights which Acme Fence may have in accordance with Florida Law. . 9. 'This agreement is the entire agreement of the parties and cannot be changed except in writing signed by both parties. There are no warranties or representations except as are expressed herein. Acme Fence specifically disclaims all EXPRESS and IMPLIED WARRANTIES, including any WARRANTY OF MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. IN WITNESS WHEREOF the parties have hereunto signed their names on the day and year first above written. ACME FENCE By: fl--I!<M'"I.- rla,~~ 4~~.e :BA~~ Customer