Bravo Terms & Conditions
The undersigned Customer signing this Contract below authorizes Bravo Fence to order materials and initiate work in accordance with this Contract, including without limitation Bravo Fence's Standard Terms and Conditions set forth below and continued in subsequent pages, which are incorporated into this Contract for all purposes (facsimile is equivalent to original):
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTION 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO MAKE OTHER LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. FLORIDA'S CONSTRUCTIONLIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES, YOU CONSULT AN ATTORNEY.
APPLICATION OF TERMS AND CONDITIONS: The terms and conditions set forth in these Standard Terms and Conditions (these "Terms and Conditions") shall govern and apply to all purchases of materials and services provided by Bravo! Fence to its customers. By signing the Acceptance of Proposal Customer expressly agrees to these Terms and Conditions.
CREDIT AND ENGINEERING APPROVAL: Bravo! Fence reserves the right to make performance under this Contract contingent upon receipt of approval from its credit department and its engineering representative. If for any reason the Contract is disapproved by its credit department or engineering representative, then Bravo! Fence shall refund to Customer any amount paid under this Contract, and the Contract will thereafter be null and void and of no further effect.
FENCE LINE DESIGNATION AND HOLD HARMLESS: Customer hereby assumes full responsibility for locating and staking the line upon which the fence materials are to be installed and Customer agrees to defend and hold harmless and indemnify Bravo! Fence from and against all claims, liabilities, and expenses for injury, death, or damage to persons or property, trespass, and all other damage or loss arising out of the installation or location of the fence materials. Further, Bravo! Fence shall not be responsible for damage to sod or landscaping that is not reasonably avoidable in the access or fence installation processes. All excess materials will remain the property of and be returned to Bravo! Fence.
UNDERGROUND CONDITIONS: Customer is solely responsible for all underground obstructions, including without limitation sprinkler lines and utility lines. Bravo! Fence reserves the right to pass onto the Customer any additional actual costs it incurs if unusual or unanticipated ground conditions such as rock formations or other underground obstructions impede the installation contemplated under this contract.
WARRANTIES: All material is guaranteed to be specified. All work is to be completed in a workmanlike manner according to standard industry practices. Warranties as to material shall be limited to the manufacturer's warranties. Bravo! Fence hereby disclaims all other warranties, expressed or implied.
FORCE MAJURE: Bravo! Fence shall not be responsible or liable for any delay, damage, or default under this Contract occasioned by war, strikes, shortages of labor, material, or transportation, acts of civil or military authorities, weather, or other Acts of God, or other causes beyond the reasonable control of Bravo! Fence, The Customer hereby waiving any such claim.
CANCELLATION OR DELAY OF JOB BY CUSTOMER: If the work contemplated under this Contract ("the work") is cancelled by Customer with at least 48 hours notice, Bravo! Fence shall return within 10 days any deposit monies less the cost of any custom materials. If the work is cancelled by the customer with less than 48 hours notice, Bravo! Fence shall return within 10 days any deposited monies less the cost of any custom materials, and less a $150 cancellation charge. If the work is delayed or cancelled by the Customer once the crew has delivered the fencing material, Bravo! Fence will charge the Customer $20 per man hour for the time actually worked by its employees or subcontractors, plus a $150 delay/cancellation charge.
PAYMENT, REMEDIES, AND COLLECTION COSTS: Bravo! Fence reserves the right to require advance payment for all materials to be provided under the Contract at the time the Contract is signed or otherwise before initiating work. All remaining sums owed by Customer must be paid within 7 days after job completion. Failure to make timely payment pursuant to this paragraph shall entitle Bravo! Fence to (1) charge interest on the unpaid amount at the lower of (a) 1.5% per month or (b) the maximum rate of interest allowed by law, (2) file a Claim of Lien against the property on which the work was conducted, and (3) repossess all materials used on the jobsite without recourse. All material shall remain the property of Bravo! Fence until all amounts due from Customer are fully paid. If Bravo! Fence is required to initiate legal action of any kind upon a default by Customer, Customer agrees to pay all attorney's fees and costs incurred by Bravo! Fence.
ENTIRE AGREEMENT: This Contract constitutes the entire agreement between Customer and Bravo! Fence relating to the services contemplated herein and the Contract may only be amended by a written agreement signed by Customer and Bravo! Fence.
Customer Responsibilities:
_____ Permit
_____ Association Approval
_____ Copy of Survey
_____ Clear Fence Line
_____ Underground Cables
_____ Sprinkler System
_____ Electric Hook-up
Sunshine: #__________________ / __________
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