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<br />CONTRACT <br /> <br />AGREEMENT made this ;2 Cv 1J- day of J v '1 ' 20 -.f!L by <br />and between LANIER FENCE hereinafter referred to as "Lanier Fence" and, hereinafter referred to as "Customer." <br />In consideration of the mutual covenants contained herein and the consideration to be paid by Customer to <br />Lanier Fence, it is agreed as follows: . 0 d <br />1. Customer shall pay to Lanier Fence the sum of$ ~ 5 /c; / . <br />for the work described herein. Payment shall be made to Lanier Fence by the Customer upon completion unless <br />otherwise specified. <br />2. Lanier Fence agrees to furnish all necessary labor and materials to construct the improvements described <br />herein as per the specifications and drawings, if any, shown on the reverse side. Lanier Fence further warrants all <br />materials will be as specified and that all work will be completed in a workmanlike manner according to standard <br />practices. <br />3. If this is a residential job, Customer represents and warrants that he is the owner of the property described <br />herein. If this is a commercial job, Customer represents that he is the owner of the property, described herein, or a <br />contractor who has a contract to improve property owned by ~ .;.. <br />and that part of the improvements contracted for by the owner inc ude the work described herein, <br />4, Customer agrees to locate, relocate, stake and clear fence lines, and assumes full responsibility for same. <br />Customer agrees to indemnifY and hold Lanier Fence hannless for any liability or damages that may result from <br />Customer's failure to properly locate, stake and clear fence lines. Customer further agrees to advise Lanier Fence of any <br />deed, subdivision, or other restrictions which may affect construction of the fence or other improvements to be <br />constructed by Lanier Fence, and agrees to indemnifY and hold Lanier Fence hannless from any liability or damages <br />that may result because of the failure to comply with deed, subdivision, or other restrictions. <br />5. Lanier Fence does not assume any responsibility or liability for any damage of any nature to underground <br />obstructions, Customer agrees to clearly mark and advise Lanier Fence of any underground obstructions in the area of <br />the fence line or the improvements to be constructed by Lanier Fence. Customer assumes responsibility for any damage <br />to underground obstructions caused by Customer's failure to mark or advise Lanier Fence of their existence. For <br />purposes of this Agreement, underground obstructions include but are not limited to all improvements constructed <br />underground including utility pipes, cables, foundations, and the like, <br />6. It is agreed by and between the parties, that any alteration or deviation from the above specifications <br />involving extra cost is to be performed by Lanier Fence and will become an extra charge over and above the price <br />stated herein. <br />7. Customer agrees to pay in full the price stated herein upon completion of work, Any failure to pay within <br />seven (7) days after receipt of the invoice shall be considered a default and Lanier Fence shall be entitled to recover the <br />full amount of the invoice plus interest (finance charge) at the rate of 1 1/2% per month (18% per annum) until the <br />contract price is paid in full. In the event it becomes necessary for Lanier Fence to take collection action, Customer <br />agrees to pay all costs of collections including reasonable attorney's fees and costs. <br />8. It is further agreed between the parties that the fencing materials shall remain personal property until the <br />contract price is paid in full. In the event the Customer fails to pay the contract price, Lanier Fence shall have the right <br />to peaceably repossess and remove all materials installed by it on the premises. Customer further agrees that Lanier <br />Fence shall have all of the rights of a secured party , as the same is defined under the Florida Uniform Commercial <br />Code, and that said rights shall be cumulative and in addition to any other rights which Lanier Fence may have in <br />accordance with Florida Law. <br />9. This agreement is the entire agreement of the parties and cannot be changed except in writing signed by <br />both parties. There are no warranties or representations except as are expressed herein. Lanier Fence specifically <br />disclaims all EXPRESS and IMPLIED WARRANTIES, including any WARRANTY OF :MERCHANT ABILITY or <br />FITNESS FOR A PARTICULAR PURPOSE. <br />IN WITNESS WHEREOF the parties have hereunto signed their names on the day and year first above <br /> <br />written. <br /> <br />(1) Year Warranty on Labor only, by Lanier Fence. <br />Vinyl Product Manufacture Warranty ill Number, <br /> <br />/ <br /> <br />ilia.., La. ",.,' e. 0<- <br />LANIER FENCE <br /> <br />By: ~~- 4.. .. ~rl <br /> <br />Additional Information <br /> <br />t..: c~ ..,-;...... <.. t,.) ItA..rl t:\. ~ +", <br />..,.., ~N U Pc...;'. -I- v r"t... e..... <br /> <br />f',7.:....,t.kA b, <br />(ENc.lUie.t'S ) <br /> <br />Customer: <br />