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Oct 1413 09:42a Big Dog Fence 8139947827 p.5 CONTRACT AGREEMENT made this�_day of �C�'� ,20�3,by and bd.ween BIG DOG FENCE INC.hereinatter referred to as"BDF"and,hereinafber referced to as"Customer." In consideration of�e mutua!cavenanis contai�ned herein artd the considecation to be paid by Castomer to Big Dog Fence lnc.,it is agreed as follows: l.Customer shall pay to Big Dog Fence Inc.the s�un of� Z,3 y�P° for the work described herein.Payment shalt be made to BDF by the Customer upon canpletion,unless otherwise spacified. 2.BDF agrees to furnish a11 necessary labor and materials to construct the improvements described herein as per che specificarions and drawings,ifany,shown on the reverse side.BDF furthec warrarrts ail materials will be as specified and that all work will be completed in a worlamanlike manner according to standard practices. 3.If this is a residential job,Customer represents and warrants that helshe is the owner of tbe property or Renter de�cnbed herein If this is a commercial job,Customer represer�ts that he/she is tfie ovmer of tlte property described herein,or an Authori�ed Representative,or Ager�t representing the following Business(es)or�rganization,titied as,_ or renter/con[ractor vvho f�as a contract to impr�ve properiy owned by artd that part of the improvements contracted for by the owner include the work described herein. 4.Customer agrees to Iocate,relocate,stake and clear fence lines,and assumes fuil responsibility for same.Customer agrees to indcmnify and hold BDF harmless for any liability ar damages that may result finm C�stomer's failure to proper}y locate,siake and clear fence lines.C�tomer further agrees to advise BDF of any deed,subdivision,or other resnictions which may affect construction of the fence or other improvements to be constructed by BDF,and agrees to indemnify and hold BDF h,armless from any{iability or damages that may result because of the failure to compiy with deed,subdivision,or other restrictions. 5.BDF wil]cali the local Utility Locating Service for public utilities on1y.BDF does not assume arry xesponsibility or liabitity for auy damage of any nature to undergnouad obstructions nat marked or flagged by customer.Cusbomer agrees to cteazly"mark"any tuidergrouncf obstructions otherthan public utilities in the area of the fence line or the improvements to be constructed by BDF.Custarner assumes responsibility for any c�nage to undecground obstrnctions caused by Customer's failure to locate and mark accurately with paint or flags,their existence.For purposes of this Agreemerrt,underground obstrucrions include but are not timi6ec!to ai�improvements consiructed underground including utility pipes,sprinkler pipes; cables,wires,foundations,and the like. b.It is agresd by and between the parties,that any alte�arion or deviarion from the above specifications involving extra cost is to be performed by BDF and witl 6ecorne an e�dra charge over and abo�e the price stated herein. 7.Customer agrees ta pay in full the price stated herein upon completion of wortc.Any failure to pay within three(3)days aftec completion of work,excluding Sundays and[-[olidays shall be considered a default and BDF shall be ernided to recorer the full amount of�e imoice plus inRerest(finance charge)ax the�atie of t 1/2%per mor�th(184'o per annum)until the contra�t price is paid in full.In the event it bxomes necessary€or BDF to taice colEection action,Customer agrees to pay al[costs of collections including reasonable attorney's fees and costs. 8.lt is agreed between the parties that BDF will retain$]25Ad from deposit if said contract is cancelled by customer and cnstomer further agrees to a 25%restocking fee plus return freight cost fnr atl special orders.No return for custom orders. 9.It is fiuther ag�eed between the parties that the fencing materials shall remain personal�operty unti�the cor�tract price is paid iR full.In the evem the Customer fails to pay the contracK price,BDF shall have the right to peaceably repossess and remove all�atcrials installcd by it on the premises.Custumer further agrees that BDF shall have all of the rights of a secured party,as t�e same is ciefined under the Florida Unifnrm Commercial Code,and that said riglrts shall be cumulative and in addition to any other rights which HD�may have in a�ccordar�ce with Florida Law. 10.If Cre�it Cards are used to pay total,or any auno�mt boward total,the acnouM charged through teiminal wiil be assessed an extra 3.5%processing fee.Credit card checks wiil aot be assessed the extra fee. 1 l.BDF is not responsible for waiping or cracking of wood products. 12.BDF will warranty lab�r for i�utalla#ion of residentiaVcommeTCial for a period of 1 year. 13.BDF will warranty labor far instaltation,(residentiaUcommercial gate operaior)for period of 90 days. 14_This agreement is the entire agneement of the parties and cannot be changed except in wiiting sig�ed by both parties. There are no wairanties or representations except as are expressed herein BDF specifically disclaims all E3Q'RESS and IMPLIED VS/AR.RANTIES,including any WARRANTY 4F MERCHANT ABILITY or FITNESS FOR A PARTICtJLAR PURPOSE. IN WIINESS WHEREOF the parties have hereunto signed their names on the day and year fitst above written_ Additional Information BIG DOG F�NCE INC.,Alan Lanier,Gen.Mgr. By: �� n.f.�o,� Down Payment 50"/e:$ / /7 J .� Customer: �` /�.�/ � Balance Due Upon C4mpletion:�,1'I I. u a Print: � (� _�p_r� . � ,, { Title: �