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Mar 06 08 12:00p LANIER FENCE INC 813 994 7827 p.3 CONTRACT AGREEMENTmadethis 'j ~ day of MI1-U.J.. .2008. byand~tweeriL~ FENCE INC. hereinafter referred to as "LFI" and. hereioafter referred to as "Customer." ", In consideration of the mutual GOvenants contained herein and the consideration to be'paid by Customer to Lanier Fence Ine., it is agreed as follows: .' . ,. I. Customer shall pay to Lanier Fence the sum of $ :l J $'0 . 00 for the work described herein. Payment shall be made 10 LFl by the Customer upon completion. unless otherwise specified. " ' ;' 2. LFI agrees to furnish aD necessary labor and materials to cOnstruct the improvements dc;scribed , ; , herein as per the specifications and drawings. if any, ,shown 00 the reverse side. LFI further wammts all materials will be as specified and that all work will be completed in a worlc:manlike manner according to standard practices. 3. If this is a residential job, Customer represents and wammts that be is the owner oftbe property descnoed herein. If this is a commercial job, Customer represents that he is the owner of the property described herein, or a contractor who has a contract to improve property owned by JJ / A- and that part of the improvements contracted for by the owner include .the work described herein. ' , 4.' Customer agrees to locale. relocate. stake and clear fence lines; and assumes full responsibility for same. Customer agrees to indemnify and hold LFI harmless for any liability or damages that may result from Customer's failure 10 properly locate, stake and clear fence lines. Customer further agrees to advise LFI of any deed, subdivision, or other restFictions which may affect construction ofabe fence or other improvements to be eOllStructed by LFI, and agrees tomdemnifY and hold LFI harmless from my liability or damages that may result beamse of the failure to comply with deed, sUbdivision, or other restrictions. 5. LFI does no~ assmne any responsibility or liability for any damage of any nature to underground , , obstructionS. Customer a~ tb clearly mark and advise LFl or any undcrground obstructiOl]$ in the area of the fence . 'line or the'improvements to be constructed by LFI. Customer assumes responsibility for any damage to underground obstructions caused by Customet:'s fanure to mark Or advise LFI of their existencc. For purposes oftbis Agreement, lDlderground obstructicms inclnde 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 perfonncd by LFI aIid will become an extra charge over and above the price Slated herein. 7. CustOmer agrees to pay in full the price stated herein upon GOmpletion of worlc. Any fi1ilure to pay within seven (3) days after coiopletion of wort, excluding Sundays and Holidays shall be coosidered a defauh and LFI shaD be entitled to recover the full amount oftbe invoice pJus interest (finance charge) at the rate of 1 1120/0 per month (1 B% per annum) until the c::ontract prU:e is paid in full In the event it becomes necessary for LFI to taIc:e collection action. Customer' agrees to pay aU costs of cOllections in,cluding reasonable attorney's fees and costs. 8. It is agreed between the parties that I:.FI will keep 275.00 from deposit if said GOntract is canceDed by customer: ~. It is ~,agreed between the parties that ~e fencing materials shall remain personal property until the contract price is paid in full. 10 the event the Customa: fails to pay the contnH:t price, LFI shall have the right to peaceably repossess and remove all materials installed by it on the premises. Customer further agrees that LFI shall have all of the rights of a se,cured party, as the same is defined under the Florida Unifmm Commercial Code, and that Said rights shall be '?UJDulative and in addition to any other rights whic:h LFI may have in accordance with Florida Law. 10. 'If Vi sa or Master Cards are used 'to pay total, or any amount toward total, the amount charged through terminal will be assessed an extra 4%as a processing fee. Credit card checks will not be assessed the extra 40/.. 11. LFI'is not responsible for warping or crac:1dog ofwOod FOducts' 12. LFI will warranty labor for jncqUation, (residential only) for a period of I year. 13. LFI will w8ll'8llty labor for m....Uation, (resideoballcommercial gate operator) for period of90 days. 14. This agreement is the entire agreement of the parties and cannot be cbanged except in writing signed by both parties. There are no warranties or tepresentations except as are expressed herein. LFI specifically disclaims aU EXPRESS and IMPLIED WAR.R.ANTIES. including any WARRANTY OF MERCHANT ABll.lTY or FITNESS FOR A P ARTICUl.AR.PURPOSE. IN WITNESS WHEREOF the parties have hseuoto signed their names on the day and year first above written Additionallnfurmation LANIER~INC..A1ao ~ By: -I/: {)I~~ II A DDwn Payment 50%:$_ //'1:.:).00 Balance Due upon Completion: S /1 :Js: 00 - _~.. u__ Customer: Print: