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CONTRACT AGREEMENT made this y day of A9°r'i( ,2012,by and between BIG DO(' FENCE INC.hereinafter referred to as"BDF"and,hereinafter referred to as"Customer." In consideration of the mutual covenants contained herein and the consideration to be paid by Customer to Big Dog Fence Inc.,it is agreed as follows: 1.Customer shall pay to Big Dog Fence Inc.the sum of$ �y�y.°�O for the work described herein.Payment sha11 be made to BDF by the Customer upon completion,unless otherwise specified. 2.BDF agrees to furnish all necessary 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 completed in a workmanlike manner according to standard practices_ 3. If this is a residential job,Customer represents and wamants that he/she is the owner of the property or Renter described herein.If this is a commercial job,Customer represents that he/she is the owner of the property described herein,or an Authorized Representative,or Agent representing the following Business(es)or Organization,titled as, or renter/contractor who has a contract to improve property owned by and that part of the improvements contracted for by the owner include the work described herein. 4.Customer agrees to locate,relocate,stake and clear fence lines,and assumes full responsibility for same.Customer agrees to indemnify and hold BDF harmless for any liability or damages that may result from Customer's failure to properly locate,stalce and clear fence lines.Customer further agrees to advise BDF of any deed,subdivision,or other restrictions which may affect construcfion of the fence or other improvements to be constructed by BDF,and agrees to indemnify and hoid BDF hazmless from any liability or damages that may result because of the failure to comply with deed,subdivision,or other restrictions. �.BDF will call the local Utility Locating Sen+ice for public utilities only.BDF does not assume any responsibility or liability for any dam�e of any nature to underground obstructions not marked or flagged by customec Customer agrees to cleazly"mark"any underground obstructions other than pubiic utilities in the area of the fence line or the improvements to be consmicted by BDF.Customer assumes responsibility for any damage to underground obstructions caused by Customer's failure to locate and mark accurately with paurt or flags,their e�cistence.For purposes of this Agreement,undergraund obstructions inctude but are not limited to all improvements consiructed underground including utility pipes,sprinkler pipes, cables,wires,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 performed by BDF and will become an extra.charge over and above the price stated herein. 7.Customer agrees to pay in full the price stated herein upon completion of work.Any failure to pay within three(3)days after comptetion of work,excluding Sundays and Holidays shall be considered a default and BDF shall be enritied to recover the full amount of the invoice plus interest(finance charge)at the rate of 1 1/2%per month(18%per annum)until the contract price is paid in full. In the event it becomes necessary for BDF to take collection action,Customer agrees to pay all costs of collecrions including reasonable attorney's fees and costs. 8. It is agreed between the parties that BDF will retain$125.00 from deposit if said contract is cancelled by customer and customer further agrees to a 25%restocicing fee plus return freight cost for all special orders.No return for custom orders. 9.It is further agreed between the parties that the fencing materials shall remain personal property until the contract price is paid in full. In the event the Customer fails to pay the contract price,BDF shail have the right to peaceably repossess and remove all materials installed by it on the premises_Customer further agrees that BDF sha11 have all of the rights of a secured party,as the same is defined under the Florida Uniform Commercial Code,and that said rights shall be cumulative and in addirion to any other rights which BDF inay have in accordance with Florida Law. 10_ If Credit Cards are used to pay total,or any amount toward total,the amount charged through terminai will be assessed an elcUra 3.5%processing fee.Credit card checks will not be assessed the e�ra fee. l 1.BDF is not responsible for warping or cracking of wood products. 12.BDF will warranty labor for installation of residentiaUcommercial for a period of 1 yeazs. 13.BDF will warranty labor for installation,(residenriaVcommercial gate operator)for period of 90 days. 14_This agreement is the entire agreement of the parties and cannot be changed except in writing signed by both parties. There are no warranties or representations except as are expressed herein.BDF specifically disclaims all EXPRESS and IMPLIED WARRANTIES,including any WARRANTY OF MERCHANT ABILITY or FIINESS FOR A PART'ICULAR PURPOSE. IN WITNESS WHEREOF the parties have hereunto signed their names on the day and year first above written. Additional Information BIG DO�E��CE INC.,Alan Lanier,Mgr. BY: /T �-tti Down Payment 50%:$ /�/ � • °o i737 Customer: x� Balance Due Upon Completion_$ /02/L, eO Print: � ��Q�y��,-� � a ,.,� n ,� C Title: