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CONTRACT
<br /> AGREEMENT made this !��day of _�-Pr i 1 .2012,by and between BIG DOG FENCE INC.hereinafter
<br /> refemed to as"BDF"and,hereinafter refen�d to as"Customer."
<br /> In consideration of the mutual covenants contained herein and the consideraiion to be paid by Customer to Big Dog Fence
<br /> Inc.,it is agreed as follows:
<br /> 1.Customer shall pay to Big Dog Fence Inc.the sum of$ 73�F 8�." for the work described herein.Payment shall be
<br /> made to BDF by the Customer upon completion,unless otherwise specified.
<br /> 2.BDF agrees to fumish all necessary labor and materials to cons�truct the improvements described
<br /> herein as per the specificarions and drawings,if any,shown on the reverse side.BDF further wazrants atl materials will be as
<br /> specified and that all work will be completed in a worl�anlike manner according to standard practices.
<br /> 3.If this is a residential job,Customer represents and warrants that he/she is the owner of the property or Renter described
<br /> herein.If this is a commercial job,Customer represents that he/she is the owner of the property described herein,or an
<br /> Authorized Representative,or Agent representing tt�e following Business(es)or Organization,titled as,
<br /> or renter/contractor who has a contract to
<br /> 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 ciear fence lines,and assumes full responsibility for same.Customer
<br /> agrees to indemnify and hold BDF harmless for any liability or damages that may result from Customer's failure to properly
<br /> locate,stake and clear fence lines_Customer further agrees to advise BDF of any deed,subdivision,or other restrictions which
<br /> may affect construction of the fence or other improvements to be consiructed by BDF,and agrees to indemnify and hold BDF
<br /> harmless from any liab�lity oi damages thai may resutt because of the failure to comply with deed,subdivisioq or other
<br /> restrictions.
<br /> 5.BDF will call the local Urility Locating Service for public urilities only.BDF does not assume any responsibility or
<br /> liability for any damage of any nature to underground obstructions not mazked or flagged by customer.Customer agrees to
<br /> dearly"mark"any�mderground obstruetions other than public utilities in the area of the fence line or the improvements to be
<br /> constructed by BDF.Customer assumes responsibility for any damage to underground obstructions caused by Customer's
<br /> failure to locate and mark accuraiely with paint or flags,their existence.For purposes of this Agreement,underground
<br /> obstructions include but are not limited to all improvements constructed underground including utility pipes,sprinkler pipes,
<br /> cabies,wires,foundations,and the liice.
<br /> 6.It is agreed by and between the parties,that any alterarion or deviation from the above specifications involving extra cost
<br /> is to be performed by BDF and will become an extra charge over and above the price staied herein.
<br /> 7.Customer agrees to pay in full the price stated herein upon completion of work.Any failure to pay within three(3)days
<br /> after completion of work,excluding Sundays and Holidays shall be co�sidered a default and BDF shall be entitled to recover
<br /> the full amount of the invoice plus interest(finance charge)at the rate of 1 1/2%per month(18%per annum)untii the contract
<br /> price is paid in full.In the event it becomes necessary for BDF to take collection action,Customer agrees to pay all costs of
<br /> collections including reasonable attomey's fees and costs.
<br /> 8.It is agreed between the parties that BDF will retain$125.00 from deposit if said contiact is cancelled by customer and
<br /> castomer further agrees to a 25%restocicing fee plus return freight cost for all special orders.No return for custom orders.
<br /> 9.It is further agreed between the parties that the fencing materials shall remain personal property unril the contract price is
<br /> paid in full. In the event the Customer fails to pay the contract price,BDF shall have the right to peaceably repossess and
<br /> remove all maxerials installed by it on the premises.Customer further agrees that BDF shali have atl of the rights of a secured
<br /> party,as the same is defined under the Florida Uniform Commercial Code,and that said rights shall be cumulative and in
<br /> addition to any other rights which BDF inay have in accordance with Florida Law.
<br /> 10.If Credit Cards are used to pay total,or any amount toward totai,the amount charged through terminal will be assessed
<br /> an extra 3.5%processing fee.Credit card checks will not be assessed the extra fee_
<br /> 11.BDF is not responsible for warping or cracking of wood products.
<br /> 12.BDF will warranty labor for installation of residentiallcommercial for a period of 1 years.
<br /> 13_BDF wiil wamanty labor for installation,(residentiallcommercial gate operator)for period of 90 days.
<br /> ]4.This agre�ment is the entire agreement of the parties and cannot be changed except in writing signed by both parries.
<br /> There are no warranties or representations except as are expressed hereia BDF specifically disclaims all EXPRESS and
<br /> IIt�IPLIED W��ZRANTIES,including any W��1E2RANTY OF MERCHANT ABILTTy or FITNESS FOR A PARTTCIILAR
<br /> PURPOSE.
<br /> IN DJITNESS WI�REOF the parties have hereunto signed their names on the day and year first above written.
<br /> Additional Information 2�t.,,�vic ex;s�,,,c C/[;,,C BIG�G FENCE INC.,Alan Lanier,Mgr.
<br /> � �
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<br /> Down Payme 50° . 3.(�`��. °° Customer.
<br /> Batance Due Upon Completion:$ 3(� 4�/. °� Print:�_�/, ��r�d�717�°j—
<br /> Tifle:
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