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CONTRA.CT AGREEMENT made this �`f day of �ct2�6� , 2011, by and between BIG DOG FENCE INC. hereinafter referred to as "BDF" and, hereinafter referred to as "Customer." In consideration of the mutval covenants contained herein and the consideration to be paid by Customer to Big Dog Fence Inc., it is agreed as follows: l. Customer shall pay to Big Dog Fence Inc. the sum of $ o� a�/ °O for the work described herein. Payment shall be made to BDF by the Customer upon completion, unless otherwise specified. 2. BDF agrees to famish all necsssary labor and materials to construct the improvements described herein as per the specifications and drawings, if any, shown on the reverse side. BDF further warrants all materials will be as specified and that all work will be campleted in a workmanlike manner according to standard practices. 3. If this is a residential }ob, Customer represents and warrants that helshe is t3�e owner of the property descn'bed hereiu. If this is a commercial job, G�stomer represents that helshe is the owner of the groperty described herein, or an Agent, Board Member, representing CDD/HOA Organization/Compairy, , or a contractor who has a contract to improve property owned by and that part of the improvements contract� for by the owner include the work described herein. - 4. Customer agre�s to locate, relocate, stake and cleaz fence lines, and assumes full responsibility for same. Customer agrees to indemnify and hold BDF harmiess for any liability or damages that may result fram Customer's failure to properly locate, srtalce and clear fence lines. Customer fiuther agrees to advise BDF of any deed, subdivision, or other restrictions which may affect const�uction of the fence or other improvements to be constructed by BDF, and agrees to indemnify and hold BDF harmless from any liabili#y or damages that may result because of the failure to comply with deed, subdivisian, or other restrictions. 5. BDF will catl the local UtiIity Locating Service. BDF does not assume any responsibility or liability for any damage of any nature to undergound obstructions. G�stomer agrees to clearly "mark" any underground obstructions �in the area of the fence line or the improvements to be constructed by BDF. Customer assumes responsibility for any damage to underground obstructions caused by Custamer's faili�re to Iocate and mark accurately with paint or flags, their existence. For putposes of this Agreement, underground obstructions include but are not Iimited to all impmvements constivcted underground including utility P�, SP�� P�, c�bles, wires, foundations, and the like. 6. It is agreed by and between the parties, that any alteration or deviation from the above specifications im�olving extra cost is to be perfarmed by BDF and will became an extra charge over and abave the price stated herein. 7. Customer agrees to pay in full the price statied herein upon completion of work. Any failure to pay within three (3) days after completion of work, excluding Sundays and Holidays shall be considered a default and BDF shall be entitled to recover the full amount of the invoice plus interest (finance charge) at the rate of 1 1/2% per month (18% per �num) until the contract price is paid in fiill. In the event it becomes necessaiy for BDF to take collection action, Customer agrees to pay all costs of collections i�luding reasonable attomey's fees and costs. —� 8. It is agre�d beiween the paities that BDF will retain $125.OQ from deposit if said contcact is cancelled by customer and customer further agrees to a 25% restocking fee plus return freight cost for all special orders. No return for custom orders. 9. It is further agreed between the pazties #hat the fencing materials shall remain personal property until the contract price is paid in full. Tn the event the Customer fails to pay the contract price, BDF shall have the right to peaceably repossess and remove ati materials installed by it on the premises. Customer fiuther agrees tl�at BDF shall have aIl of the rights of a secured party, as the same is defined under the Florida Uniform Commercial Code, and that said rights shall be cumulafive and in addition to any other rights which BDF inay have in accordance with Florida Law. 10. If Credit Cards are used ta pay totat, or any amount toward total, the amount charged through terminai wilt be assessed an extra 3.5% processing fee. Cre+dit card checks will no# be sssessed the extra 3.5%. 11. BDF is not responsible for warping or cracking of wood products. 12. BDF will waaanty labor for installation of residentiaUcommercial for a period of 1 yeaz. 13. BDF will warranty labor for installation, (residentisUcommercial gate operator) for p�iod of 90 days. 14. This agreement is �e entire agc+�ement of the parties and c�nnot be changed except in writing signed by both parties. There are no warranties or representations eaccept as are expressed herein, BDF specificalty disclaims all EXPRESS and IMPLIED WARRAN'i�S, including any WARRANTY OF MERCHANT ABILITY rnr FITNESS FOR A PARTICULAR PURPOSE. IN WITNESS WHEREOF the perties have hereunto signed their names on the day and year first above written. AdditionallnformationFP�.u.�.: t ?"��d� ) BIG DOG FENCE INC., Alan Lanier, Mrg. � L By: �.��, t'��.�.e� . -� ' aY /( 3-ZY Down Payment 50'�0:$ '�� ° /zOO- °° c�c(� Cvstomer: X�„� ,_. cl�� Balance Due upon Complebion: $'�'�`�� I4$/. °" Print: � Title: