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<br />May 23 07 03:05p <br /> <br />LANIER FENCE INC <br /> <br />813 994 7827 <br /> <br />p,3 <br /> <br />CONTRACT <br /> <br />AGREEMENT made this day of /If #-'1 . 2007, by and between LANIER <br />FENCE INC. hereinafter referred to as "LFI" and. hereinafter referred to as Customer." <br />In consideration of the mutual covenanlS contained herein and the consideration to be paid by Customer to <br />Lanier Fence Inc., it is agreed as follows: . c <br />1. Customer shall pay to LFI the SlDIl on I. ~ 3. b. 0 for the work described herein. <br />Payment shall be made to LFI by the Customer upon completion, unless otherwise specified. <br />2. LFI agrees to furnish all necessary labor and materials to construct the improvements described herein as <br />per the specificatioos and drawings, if any, shown on the reverse side. LFI further warrants all materials will be as <br />specified and that all work. will be completed in a workmanlike manner according to standard 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 />conb'actor who has a contract to improve property owned by <br />and that part of the improvements contracted for by the owner include the work described herein. <br />4. Customer agrees to locate, relocate, stake and clear fence lines, and ~umes full responsibility for same. <br />Customer agrees to indemnify and hold LFI barmless for any liability or damages that may result from Customers <br />failure to properly locate, stake and clear fence lines. Customer further agrees to advise LFI of any deed, subdivision, or <br />other restrictions, which may affect construction oftbe fence or other improvements to be <br />constructed by LFI arid agrees to indemnify and hold LFI harmless from any liability or damages that may result <br />because of the failure to comply with deed, subdivision, or other restrictions. , <br />: 5. LFI doeS not assume any responsibility or liability for any damage of any nature to undergrouDd <br />obstructions. Customer agrees to clearly mark and advise LFI of any underground obstructions in the area of the fence <br />line Dr the improvements to be conslructed by LA. Customer assumes responsibility for any diunage to Wlderground <br />obstructions caused by Customer's failure to mark. or advise LFI of their existence. For purposes of this Agreement, <br />1Dlderground obs1ructions include but are not limited to all improvements constructed underground including utility <br />. pipes, cables, foundations, and the like, <br />6. h 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 LFI and wJ1l become an extra charge over and above the price stated herein. <br />7. Customer agrees to pay in full the price stated herein upon completion of work. Any faiIme to pay within <br />1bree (3) days after completion of work, excluding S\Dldays or Holidays shall be considered a default and LFI shaII be <br />entitled to recover the full aDlOlmt of the invoice plus interest (finance charge) at the rate of 1 112% per month (18% per <br />annum)until the contract price is paid in full. In the event it becomes necessary foc LFI to take collection action, <br />Customer agrees to pay all costs of collections including reasonable attomey's fees and costs. <br />,8. It is agreed between the parties that LFI will keep $275.00 from deposit if said contract is canceled by <br />customer. <br />9. 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, LFI shall have the right to <br />peaceably repossess and remove all materials installed by it on the premises, Customer further agrees that LFI shall <br />have all of the rights ofa secured party, as the same is defined under the Florida Uniform Commercial Code, and that <br />said rights sball be cumulative and in addition to any other rights which LFl may have in accordance with Florida Law. <br />10. If Visa or Master Cards are used to pay total, or any amount toward total, the amount charged through <br />terminal will be assessed an extra 4% for tenninal fees. Credit card checks will not be assessed the extra 4%. <br />11. LFI is.not responsible for warping or crackiog of wood products. <br />12. LFI will warranty labor for in~lIation. (residential only) for a period of 1 year. <br />13. LFI will warranty labor forinst8llation, (residential/commercial gate operator) for a period of 90 days. <br />14. This agreement is the entire agreement of the parties and cannot be changed except in writing signed by <br />both parties. 1bere are no wammties or representations except as are expressed herein. LFI specifically disclaims all <br />EXPRESS and IMPLIED WARRANTIES, includiog any WARRANTY OF MERCHANT ABILITY or FITNESS <br />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 />Additional Information: <br /> <br />Balance Due On Completion: $ <br /> <br />cO 00.. QO <br /> <br />LANIER FENCE INC., Alaa Lanier <br /> <br />By: 4-Lt7~, <br />Customer SA--A:-.. 1/ .J..L.! <br />SIGN r <br /> <br /> <br />Print: 0JJ AI 0 ~ L Kr ....b -rU- <br />nRST M, LA5'r <br /> <br />Down Payment 50%: S <br /> <br />~G6', C)~ <br />