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�l CONTRACT Page 2-2 AGREEMENT made this �� day of S y�� ,2013,by and between BIG DO('FENCE INC.her�inafter 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$ 3�3 �`� for the work described herein.Payment shall 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 warrants that helshe is the owner of the property or Renter described herein.If this is a commercial job,Cnstomer represents that he/she is the owner of the property described herein,or an Authorized Representative,or Agent representing the following Business or Organization,titled as, or renter/contractor who has a contract to improve properiy 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,stake and clear fence lines.Customer further agrees to advise BDF of any deed,subdivision,or other restrictions which may affect construction of the fence or other improvements to be constructed by BDF,and agrees to indemnify and hold BDF harmless from any liability or damages that may result because of the failure to comply with deed,subdivision,or other restrictions. 5.BDF will call the local Utility Locating Service for public utilities only,BDF does not assume any responsibility or liability for any damage of any nature to underground obstructions not mazked or flagged by customer.Customer agrees to clearly"mark"any underground obstructions other than public utilities in the area of the fence line or the improvements to be const�ucted by BDF.Customer assumes responsibility for any damage to underground obstructions caused by Customer's failure to locate and mark accurately with paint or flags,their existence.For purposes of this Agreement,underground obstructions include but are not limited to all improvements constructeci 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 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 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 collections including reasonable attorney's fees and costs. 8.It is agreed between the parties that BDF will retain$125.00 from deposit if said contract is cancelled by customer and customer further agrees to a 25%restocldng fee plus return freight cost for all special orders.No return for custom orders. 9.It is further agreed between the parties that the fencing materials shall remain petsonal property until the contract price is paid in full.In the event the Customer fails to pay the contract price,BDF shall have the right to peaceably repossess and remove all materials installed by it on the premises.Customer further agrees that BDF shall have a11 of the rights of a secured party,as the same is defined under the Florida Uniform Commercial Code,and that said rights shall be cumulative and in addition to any other rights wtuch BDF inay have in accordance with Florida Law. 10.If Credit Cazds are used to pay total,or any amount toward total,the amount charged through terminal will be assessed an extra.3.5%processing fee.Credit card checks will not be assessed the extra fee. 11.BDF is not responsible for warping or cracking of wood products. 12.BDF will warranty labor for instatlation of residentiaUcommercial for a period of 1 year. 13.BDF will warranty labor for installation,(residentiallcommercial gate operator)for period of 90 days. 14.This agreement is the entire agreement of the parties and cannot be changed except in writing signed by both parties. There are no warra.nties or representations except as are expressed herein.BDF specifically disclaims a11 EXPRESS and IMPLIED WARRANTIES,including any WARRANTY OF MERCHANT ABILITY or FITNESS FOR A PARTICULAR PURPOSE. IN WITNESS WI�REOF the parties have hereunto signed their names on the day and year first above written. Additional Information BIG DO(' FENCE INC.,Alan Lanier,GM. By. � , Down Payment 50%:$ ��/�� °° Customer. �'� ��,�^'c� , Balance Due Upon Completion:$/q�g, `O �t:�S h�.h n cx� rn � ��'`Cr Title: