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CONTRACT <br /> AGREEMENT made this ��' day of R P2� � , 2011, by and between BIG DOG FENCE AtC. hereusafter <br /> referred to as "BDF" and, he�reinaf�er refeired to as "C�stomer. <br /> In consideration of the mutual covenants contained herein and the considerarion to be paid by Cvstomer to Big Dog Fence <br /> Inc., it is agreed as follows: <br /> 1. Customer shsll pay to Big Dog Fence Inc. the svm of $ //, 83 y°° for the work described herein. Payment shail be <br /> made to BDF by the G�istomer upon completion, unless otherwise specified. <br /> 2. BDF agrees to fiunish a2l necessary Iabor and materials to construct the improvements descn'bed <br /> herein as per the specifications and drawings, if any, shown on the reverse side. BDF fiuther warrants ali materials will be as <br /> spe�ifisd a�d that all warrk will be co�oapl�ted 'm a w�anlike manner according to standard practices. <br /> 3. If this is a residential job, L�stomer repres$uts and warrants that helshe is the arovner of the property descxibed herein. If <br /> this is a commercial job, Customer represeuts that he/she is the owner of the property described herein, or an Agent, Board <br /> Member, rePresentin8 CDDlEiOA Qrganizabion/Company, <br /> , or a contractor who has a con�sact to improve property <br /> °�� b3' and that part of the improvements contracted for by the <br /> owner inchide the work describeci herein. . <br /> 4. Ctistomer agrees to locate, relocate, stake and clear fence lines, and assumes full responsibility for same. G�stomer <br /> agrees W indemnify and hold BDF harmless for any liabiiity or damages that may result from Customei's failure to properly <br /> locate, stake and cleaz fence lines. Customer further a� to advise BDF of any deed, subdivision, or other re.>trictions which <br /> may affect construction of the fe�ce ar other improvements to be constructed by BDF, and agnees to indemnify aud hold BDF <br /> harmless fram any liabiliiy or damages that may result because of the failwe to campiy with de�ed, subdivision, ar other <br /> restrictions. <br /> 5. BDF will call the local'Utili�ty Lopting Service. BDF does not assume any responsib�ity or liab�ity for any damage of <br /> any nature to underground obst�uctions. Custamer agrees to clearly `�ark" any underground obstructions in the area of the <br /> fence line or the improvements to be conshvcted by BDF. G�stomer assumes responsibility for any damage to underground <br /> obstxuctions caused by Custome�`s failure ta locate and mark aceuracely with �int or flags, dneir existence. For purposes of ti�is <br /> Agreement, underground obstructions include but are not limited to all impmvemems constructed undeiground including utilitY - <br /> FiP�, SP���' P�� � �s, foundations, and the like. <br /> 6. It is agre�d by and between the parties, that any alteration or deviation from the above sg�ifications involving extra cost <br /> is to be perfrnmed by BDF and will become an extra charge over and above the price stated herein. <br /> 7. Ct�stomer agrees to pay in full the price state� herein upon completion of work. Any faihue to pay within three (3) days <br /> after completion of work, excluding Sundays and Holida.ys shall be considered a default aud BDF shatl be entitled to recaver <br /> the full amount of the invoice plus interest (finance charge) at the rate of i 1/2% permonth (18% per annum) until the contract <br /> price is gaid in full. In the event it becomes necessary for BDF to take cotlection action, Customer agxees to pay all cos#s of <br /> collections including reasonable attorney's fees and costs. <br /> 8. it is agreed bttween the parties that BDF will retain S 125.00 from deposit if said contract is cancelled by customer and <br /> Gustomer fiurt�er agrees to a 25% restocking fee plus return freight cost for all speciai orders. No retum for custom orders. <br /> 9. It is fiuther agreec� between the parties that the fencing materiais shall remain personal propert� untii the contract priee is <br /> paid in futt In ihe event the Custom�r fails to pay tha contcact price, BDF shall have the right to pea�abYY repassess and <br /> remove ali materiats installed by it on the premises. Customer further agrees that BDF shall have all of the rights of a secured <br /> party, as the same is defined under the Florida Uniform Commerc;ial Code, and that said rights shall be cumulative and in <br /> addition to any other rights which BDF inay have in aceordance with Florida Law. <br /> 10. If Credit Cards are used to pay total, or any smount toward total, the amount charged through tenninal will be assessed <br /> an extra 3.5% processing fee. Cre.dit card checks will not be assessed the e�ra 3.5%. <br /> 11. BDF is not responsible for warping or crar,�dng of wood products. <br /> 12. BDF will warr�nty labor for installation of residentiaVcommercial for a period of 1 year. <br /> 13. BDF will watranty labor for installatian, (residentiaUcommercial gate operator} for period of 90 days. <br /> 14. Tfiis $greement is the entire agreement of the parties and cannot be chaaged except in writing signed by both parties. <br /> There are no w�nties ar n�res�ons exceQt as are expressed herein. BDF specifically d'isclaims all EXPRESS and <br /> IMPLIED WARRANT�S, including any WARRANTY OF MERCHANT ABILITY or FITNESS FOR A PARTICUI,qR <br /> PURPOSE. <br /> IN WITrIESS WHEREAF the parties have hereunto signed their names o�n the day and y� first above written. <br /> Additional Infoimaxion BIG DOG FENCE INC., Alan 'er, Mrg. <br /> By: � � <br /> Down Payment 50'/0:$_ � 9/ 7 0° Customer: 't <br /> � <br /> Balance Du�e upan Comgletion: $ 5917. `° Prsnt• '` <br /> Tifle: <br />