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' ' CONTRACT Page 2-2 AGREEMENT made this 17`h day of December ,2013,by and between BIG DOG FENCE INC_hereinafter referred to as"BDF"and,hereinafter referred to as"Customer." In consideration of the mutual eovenants contained herein and the consideration to be paid by Customer to Big Dog Fence inc.,it is agreed as follows: l..Customer shall pay to Big Dog Fence Inc.the sum of$_ 6.427.00 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 ihe specifications and drawings,if any,shown on the reverse side.BDF further wazrants all materials will be as specified and that all work wiil be completed in a workmanlike manner according to standard practices. 3. If this is a residenrial job,Customer represents and wazrants that he/she is the owner of the property or Rei�ter described hzrein. If this is a commercial job,Customer represents that heJshe is the owner of the property described herein,or an Authorized Representative,or Agent representing the following Business or Organizaiion,titled as,Sixth Ave LLC-Zeplrvrhills Colon Com rry Lcrnd or contractor who has a contract ta improve groperty owned by Sixth Ave Colorry LLC—Ct0 MHC O eratin LTD Parinershi 2N Riverside Pla Ste 800 Chica o IL.b0606-2682 that part of the improvements contracted for by the owner include the wark 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 harrnless for any liability or damages that may result from Customer's failure to properly locate,stake and cleaz 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 compiy 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 undergound obstruetions not mazked or flagged by customer.Customer agrees to clearly"mark"any underground obsteuctions other than pubtic uriliries in the area of the fence line or the improvements to be constructed by BDF. Customer assumes responsibility for any damage to anderground obstructions caused by Customer's failure to tocate and mark accurateIy with paint or flags,their existence.For pwposes of this Agreement,underground obstructions include but are not limited to a11 improvements constructed underground including utility pipes,sprinkler pipes, cables,wires,foundations,and the like. 6.It is agreed by and between the parties,that any alterafion 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 a��rees to pay in full the price stated herein upon complerion of work.Any failure to pay within Ten(10)days after complerion of work,excluding Sundays and Holidays shalt be considered a default and BDF shall be entitled to recover the full amouni of the invoice plus interest(finance charge)at the rate of 1 1!2%per month(I8%per annum}until the coniract price is paid in full.In the event it becomes necessary for BDF to take collection action,Customer agrees to pay a11 costs of collections including reasonable attomey's fees and costs. 8. It is agreed between the parties that BDF will retain$125.00 from deposit if said coniract is cancelled by customer and customer further agrees to a 25%restocking fee plus return freight cost for all special orders.No return for cnstom orders_ 9. It is further agreed between the parties that the fencing materials sha11 remain personal 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 instatled by it on the premises.Customer further agrees that BDF shall 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 addition to any other rights which BDF inay have in accordance with Ftorida Law. 10. If Credit Cards aze used to pay total,or any amount toward total,the amount charged through terminal will be assessed an elctra 3.5%processing fee.Credit card checks will not be assessed the extra fee. I 1.BDF is not responsible for warping or cracking of wood products. 12.BDF will warranty labor for instailation of residentiaUcommercial fence for a period of 1 year. 13.BUF will warranty labor for installation,(residentiaUcommerciat ga.te operator)for period of 90 days. 14.This agreement is the entire agreement ofthe 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 WARRANT7ES,incIuding any WARRANTY OF MERCHANT ABILITY or FITNESS FOR A PARTICLTLAR PURPOSE. IN WITNESS WHEREOF the parties have hereunto signed their names on the day and yeaz first above written. Additional Information BIG DOG FENCE INC.,Alan Lanier,GM. BY� ��Q. � Down Payment 50%:$2 200.00 Customer:� �� Balance Due Upon Completion:$ 4,227.00 Print: � � ��,�„s+ Title: � �