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�, CCINTRACT -(2�,.:S z�f) Page 2-2 <br /> AGREEMENT made this 3 I day of l►�CtrC.�► ,2014,by and between B1G DOG FENCE INC.hereinafter <br /> referred to as"BDF"snd,hereinafter referred to as"Customer." <br /> In considera#ion of the mutual covenants contained herein and the consideration to be paid by Customer to Big Dog Fence <br /> Inc.,it is agreed as follows: <br /> l.Customer shall pay to Big Dog Fence Inc.the sum of$ 3$�50,''�for the work described herein.Payment shatl be <br /> made to BDF by the Cvstomer upon completion,unless otherwise s ifipec�' e.d. <br /> 2.BDF agrees to fumish all necessary labor and materials to conshuct the improvercients described <br /> herein as per the specificarions and drawings,if any,shown on the reverse side.BDF fwther wattants all materials will be as <br /> specified and that all work will be completed in a workmanlike manner according to standard pracrices. <br /> 3.If this is a residential job,Customer represents and warrants that he/she is the owner of the property or Renter described <br /> herein.If this is a commercial job,Customer represents that he/she is the owner of the property descn'bed herein,or an <br /> Authorized Representative,or Agent represen6ng the following Business or Organization,6tled as, 5 i�c�{/, J}-v e t C C. - <br /> It7 `�-�, �.i� P � u� '�- N�t�,�c -��1�- P�.Z s - or renter/contractor who has a contract to <br /> �mprove properly owned y G ;�.�,9° x� bG 4 O lu- G8'L <br /> and that part of the improvements contracted for by the owner inciude the work described herein. <br /> 4.Customer agrees to locate,relocate,stake and clear fence lines,and assumes full responsibility for same.Customer <br /> agrees to indemnify and hold BDF harmless for any liabitity or damages that may resuit from Customer's failure to properly <br /> tacate,s�ke and clear fence lines.Customer further agrees to advise BDF of any deed,subdivisioq or otlier restrictions which <br /> may affect consuvction of the fence or other improvements to be constructed by BDF,and agrees to indemnify and hold BDF <br /> harmless from any liability or damages that may result because of the failure to comply with deed,subdivision,or other <br /> [e5t17Ct100S. <br /> 5.BDF will call the local Utility Locatin�Service for public utilities only.BDF does not assume any responsibility or <br /> liability for any damage of any nature to underground obshvctions not marked or flagged by customer.Customer agrees to <br /> clearly"mark"any underground obstructions other than public u6lities in the area of the fence line or the improvements to be <br /> constructed by BDF:Customer assumes responsibility for any damage to underground obstructions cavsed by Customer's <br /> failure to la:ate and mark accurately with paint or flags,their e�cistence.For purposes of this Ageement,underground <br /> obstructions include but are not limited to al}iraprovements constructed underground including utiiity pipes,sprinkler pipes, <br /> cables,wines,foundations,and the like. <br /> 6.It is sgreed by and between the parties,that any alteration or deviation 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 agees to pay in full the price stated herein upon completion of work.Any failure to pay wiihin thirty(30)days <br /> after completion of work,excluding Sundays and Hatidays shall be considered a default and BDF shall be entitled to recover <br /> the full amount of the invoice plus interest(finance charge)at the rate of 2 1/Z%per month(]8%per annum)until the contract <br /> price is paid in full.In the event it becomes necessary for BDF to take collection action,Customer agrees to pay all costs of <br /> collections including reasanable attorney's fees and costs. <br /> 8.It is ag�ed between the parties that BDF will retain$125.00 from deposit if said contract is cancelled by customer and <br /> customer further agrees to a 25%restocking fee plus return freight cost for all special orders.No return for eustom orders. <br /> 9.3t is further agreed between the parties that the fencing materials shail remain personal property utriil tE�e contract price is <br /> paid in full.In the event the Customer fails to pay the contract price,BDF shall have the right to peaceably repossess and <br /> remove all materials instalied by it on the premises.Customer further agrees that BDF shall have al1 of the rights of a secured <br /> party,as the same is defined under the Ftorida Uniform Commercial Code,and that said rights shall be cumulative ead in <br /> addirian to any other rights which BDF inay have in accordance with Florida L,aw. <br /> 10,If Credit Cards are used to pay totat,or any amount toward totat,the amount charged through terminal will be assessed <br /> an extra 3.5°/a processing fee.Credit card checks wiil not be assessed the extra fee. <br /> 1 l.BDF is not responsible for warping or cracking of wood prodncts. <br /> 12.BDF wili warranty labor for installation af residentiaUcommercial fence for a period of 1 year. <br /> 13.BDF w�l warranty labor for instailation,(residentiaUcommercial gate operator)for period of 90 days. <br /> 14.This agreeme�is tha entire agreement of the parties and canuot be changed except in writing signed by both parties. <br /> Tiiere are no warranties or representations except as are expressed herein.BDF specifically disclaims al!EXPRESS and <br /> IMPLIED WA�tRANTIES,iaclading any WARRANTY OF MERCHANT ABILIT'Y or FITNESS FOR A PARTICULAR <br /> PURPOSE. <br /> IN W[TNESS WI-IEREOF the parties have hereunto signed their names on the day and year first above written. <br /> Asdidonal Information BIG DOG FENCE INC.,Alan Lanier,GM. <br /> By: n�.� „ ,�:� <br /> Down Payment 50%:$ /. 9„2 5. °� Customer:,%ia�f���.2•-;,- <br /> Baiance Due Upon Completion:$ /, 9 02 S, `` Prinr. x �Gfie- �� `�Sd <br /> Title: x C�rv�w, ti n���� ��a,,-��o�e..c- <br /> -� <br />