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<br />TERMS AND CONDITIONS OF CONTRACT
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<br />1. Please understand that any representation by Burton Fence, Inc. regarding an installation date is for the Customer's convenience and is an approximation
<br />only. The installation schedule changes daily due to circumstances both within and beyond Burton Fence, Inc. control including, but not limited to: weather,
<br />permits, easement agreements, progress on prior scheduled jobs, etc.
<br />2. We all want the fence to be located where the Customer wants it. Therefore, the Customer will be responsible to indicate to the crew the proper location of
<br />the fence and will provide Burton Fence, Inc. with an accurate survey of the property. All of the property pins will be located and exposed by the Customer. If
<br />not found, the crew will attempt to help the Customer find the property pins but the Customer, and not Burton Fence, Inc. is responsible for the proper
<br />location of the fence.
<br />3. The crew will need room to work in order to do a good job. The Customer agrees to have two feet on both sides of the proposed fence lines clear of
<br />obstructions, i.e.: trees, bushes, debris, etc. If the fence line is not clear when the crew arrives, the crew may clear the fence line and the Customer agrees to
<br />pay $45.00 per man-hour for this service. This will keep the crews working and help to avoid extra trip charges.
<br />4. Sometimes where a Customer wants their fence is the same place the cable, sprinkler or utility company wanted their lines. Because of this potential conflict,
<br />even if these lines are marked, frequently unseen underground lines are hit and damaged during the fence installation. Because these lines cannot be seen,
<br />the breaking of these lines cannot be attributed to negligence or carelessness. If a line(s) is broken, the Customer agrees to indemnify and hold Burton
<br />Fence, Inc. harmless for any related damages. If appropriate, the Customer agrees to apply to their homeowner's insurance policy for coverage.
<br />5. All measurements shown on the front are approximate. The actual measurements of the fence may vary.
<br />6. The property to be fenced may have deed and/or Homeowner's Association restrictions or city or county planning or zoning restrictions. It is the responsibility
<br />of the Customer to look into this before ordering the appropriate fence from Burton Fence, Inc..
<br />7. Upon providing Burton Fence, Inc. with their credit card number and expiration date, Customer is requesting that Burton Fence, Inc. charge both the deposit
<br />and the final balance due to that credit card.
<br />8. This contract anticipates that once the work is started, Burton Fence, Inc. will be allowed to complete the entire scope of work without any interruptions or
<br />stoppages by the Customer. Any such interruptions or stoppages may result in additional trip charges that the Customer agrees to pay.
<br />9. Any Customer requested changes or deviations from the above specifications or quantities involving extra costs will be an extra charge over and above this
<br />Proposal-Contract.
<br />10. Any cancellation request must be made in writing. There are many costs incurred during the various phases of processing this order. To offset some of these
<br />costs should the Customer choose to cancel, 15% of the contract amount, in addition to any direct costs such as special materials and permit services, will
<br />be charged against the Customer's deposit. The balance will be promptly returned to the Customer.
<br />11. The permit charge shown on the front is for standard city or county permits only. The Customer agrees to pay the cost for any additional special permits that
<br />may be required.
<br />12. Beginning the day after installation the Customer agrees to pay 11/2% per month service charge on any past due balance. The Customer also agrees to pay
<br />all costs and expenses of collection of any unpaid balance due under this contract, including a reasonable attorney's fee through appellate.
<br />13. All materials provided remain the property of Burton Fence, Inc. until fully paid for. Burton Fence, Inc. is guaranteed unobstructed access and the Customer's
<br />irrevocable permission to enter the property and to remove same if not completely paid for when due. In such case, the deposit is forfeited. If costs exceed
<br />the deposit amount, the Customer agrees to pay the difference to Burton Fence, Inc. promptly.
<br />14. All excess materials remain the property of Burton Fence, Inc. If Burton Fence, Inc. is contracted to remove and haul away existing fence, then those
<br />materials become Burton Fence, Inc. property.
<br />15. Burton Fence, Inc. makes no warranty of merchantability or fitness of these products for any particular purpose. Burton Fence, Inc. is not responsible for, and
<br />Customer agrees to indemnify and hold harmless Burton Fence, Inc. from, any damages arising from any personal injury or incidental or consequential
<br />damages of any kind that may arise out of the use of these products.
<br />PLEASE NOTE:WE ARE NOT RESPONSIBLE FOR UNDERGROUND UTILITIES AND SPRINKLER LINES. ALL FENCE LINES MUST BE CLEARED BY
<br />CUSTOMER PRIOR TO INSTALLATION. SURVEY STAKES MUST BE VISIBLE FOR INSTALLERS TO PROPERLY LOCATE YOUR FENCE. A TRIP
<br />CHARGE OF $75.00 WILL BE ADDED TO CONTRACT PRICE IF CREW IS UNABLE TO START JOB AND MUST RETURN AT A LATER DATE OR MUST
<br />RETURN DUE TO CUSTOMER CHANGES. UNFORSEEN DIGGING CONDITIONS MAY RESULT IN ADDITIONAL CHARGES. HOMEOWNERS MUST
<br />OBTAIN HOA APPROVAL IF REQUIRED. ADDITIONAL COSTS MAY RESULT FOR GROUNDING OF FENCE IF REQUIRED.
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<br />TERMS: BALANCE MUST BE PAID TO CREW WHEN JOB IS COMPLETE
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<br />GROUND PLAN OF JOB:
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<br />(A)
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<br />Fence to be set top straight (may
<br />or may not be level. According to
<br />ground.) Customer may fill in low
<br />spots later.
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<br />Fence to follow contour of ground
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