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Mar 04 14 09:40a Big Dog Fence 8139947827 p.3 <br /> rt CONTRACT <br /> AGREEMENT made this �i�ay of �b, ,2014,by and betuveeri BIG DOG FENCE INC,heneinsfter <br /> referned to as"BDF'and,hec�einafter referred to as"Customer." <br /> In consideration of the mutual covenants contained herein and the consideration to be paid by G�stomer to Big Dog Fence <br /> Inc.,it is agreed as follows: <br /> 1.Customer shall pay to Big Dog Fence Inc.ihe sum of$ y3�1�"� for the work descn'bed herein..Payrnent shatt be <br /> made to BDF by the Customer upon completion,unless otherwise specified. <br /> 2.BDF agrees to furnish all necessary labor and materials to construct the improvements described <br /> he�in as per the specifications and dtawings,if any,shown on the reverse side.BDF fuither warrants ai1 materiais wi11 be as <br /> specified and that all work v�1}be completed'uo,a workmanlike manner according to standard practioes. <br /> 3. If this is a residential job,Cpstomer c+epresents aad warraats that he/she is the owner of the property or Renier described <br /> herein.If this is a commercia3 job,Customer represents that he/she is the owr�er of the property descrtbed herein,or an <br /> Authorized Repressnfative,or Agerrt c�pzesenting the following Business(es)or Organi�tion,tit�ed as,_ <br /> or renter/contractor who has a oontract to <br /> improve properiy ovmed by <br /> and that part of the improvements contracted for by the owner inciude the work desenbed herein. <br /> 4.Custoater agrees to]ocate,relocate,skake and clear fence lines,aud assumes full responsibility for same.Customer <br /> agrees to indernnify and hold BDF harmless for any liability or damages tt�at may result from Customets failure to properly <br /> locate,stake and clear fence lines. Cnstomer further agrees to advise BDF of any deed,subdivision,or other restrictions which <br /> may affect c.�nsmiction of the fence or other improvements to be constructed by BDF,and agrees to indemnify and hold BDF <br /> harmless from any liabitity or darrtages that may result because of the fa�lwe to comply with daed,subdivision,or other <br /> restrictions. <br /> 5.BDF will call the local Utility Locating Service for public utiL'eties only.BDF does not assume any responsibility or <br /> liabi lity far any darnage of any nature to underground obshuctions not marked or flagged by customer.Customer agrees to <br /> clearly"rnark"any underground obstructians other than public utilities in the area of the fence line or the improvements to be <br /> cvnshvcted by BDF_Custozner assumes responsibility for atry da.mage 10 Zmdergmund obstructions caused by Customer's <br /> failure to locate and mark accurately with paint or flags,their existence.For purposes of this Agreement,undergrou,nd <br /> obstructions include but are not]imited to alI impr+ovements constructed undergro�md including util�tj,pipes,sprinklez pipes, <br /> cables,wires,fotmdations,and tk�e like. <br /> 6.It is agi+eed by and between the parCies�that any alteration or deviate�n 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 stated herein. <br /> 7.Customer agrees to pay in fiLll the price s#�d hereitt�pQ4 corapletion of work.Any failure to pay within thr�;3)days <br /> after comptetion of work,excluding Suttdays attd Holidays shall be considered a defauli and BDF shall be entitlad to recover <br /> the fuli amount of the invoice plus interest(ftnance charge)at the rate of 1 I/2%per montfi(18%per annum)until the co�t <br /> price is paid in full.[n the event it becomes necessary for BDF to take collection action,Customer agtees to pay all costs of <br /> co�2ections including reasonable attorney's fees and costs. <br /> 8. h is agreed between the parties that BDF wiil ret$in$125.(?0 Gom deposit if said cantcact is cancelled by customer and <br /> customer�rther agrees to a 25/o restocking fee plus return freight cost for a11 special orders.No r�tum for custom orde�s. <br /> 9.It is furthet a�reed between the part�es that the fencing materials sha11 remain persona(propert},untij t�e contract price is <br /> paid in full.In Zhe event the Customer fails to pay the contract price,BDF shall have tlze righi to peaceably repossess and <br /> remove all materiails installed by it on the premises.Customer further agrees tiiat BDF shall have all of the rights of a secured <br /> pmty,as d�e same is defined under the Florida Uniform Commercial Code,and thai said rights shall be curnulative and in <br /> addirion to ar�y other righ#s which BDF inay have in accordance with Florida.Law. <br /> 10.If Credit Cards are used to pay totaa,or any amount toward t�tal,the amount charged through ter�ir�ai vvi�l be assessed <br /> an extra.3 S%processing fee.Credit card checks will not be assessed the extra fee. <br /> 11.BDF is not responsihle for warping or cracking of wood pro�ucts. <br /> 12.BDF will warranty labor for installation of residentiaUcammercial fence for a period of 1 year. <br /> 13.BDF will wan�anty labor for installation,(residentiaUcommercial gate operator)for period of 90 days_ <br /> l4.This agreement is the entire ag�eement of the parties and cannot be chaoged except in writing signed by bo�th parties. <br /> There are no warranties or rep�sentations except as are exptessed he�ein.BDF specificaily disclaims all EXPRFSS and <br /> IMPLIED WARRANTIES,including any WAR]ftpNi�y OF 11�RCHANT ABILITY or FITNESS FOR A PA,RTICULAR <br /> PLTRPOSE. <br /> IN WITNESS W�IEREOF the parties hava hereunto signed their names on the day and year first above written. <br /> Additional Infomiation 3'�usf4r� ,�-3 c,,e��, o�7� BIG DOG FENCE INC.,A1an Lanier,GM <br /> By: � � � � �_ . - <br /> �,�P$ � �zy. F � _ � � <br /> yment 50/o:$ Customer. x / <br /> Balance Due Upon Completion:$ j � 5, c ' Prin� � �yI?C��1'��Q ,�� `--���1�� <br /> Title: <br />