Term and Conditions
1. The Seller agrees to construct the fence according to the proposals set forth on the front hereof and the Buyer agrees to pay the amount shown on the front hereof in cash upon completion according to the terms and conditions set forth herein.
2. Buyer agrees to furnish and be solely responsible for fence lines (location of fence) and grade and to indemnify and hold Seller completely free and harmless from any and all damages arising our of the location of fence, including reimursement of Seller's attorney's fee and costs.
3. This contract does not include any grading, surveying, nor removal of any existing fence or plants unless so specified in writing herein. A sufficient writing includes marking the appropriate square on the front of this contract.
4. Buyer shall grant free access to work areas on the property or adjacent property where the work is to be performed and the Buyer agrees to keep the area clear and open including ingress and egress and Seller shall not be responsible for damage to property including driveways, walks, lawns by performance of Seller under this contract, including movement of workers materials and equipment.
5. The Debtor, the Buyer herein, hereby grants to the secured Party, the Seller, herein a security interest in the goods described on the front of this contract. A copy of this contract constitutes a security agreement and may operate as a financing statement. This contract may be filed as a financing statement to perfect the security interest of the Secured Party in the County where the real property is located.
6. The balance due shall be paid in full upon substantial completion of the work. Thereafter a service charge shall be assed on the due and unpaid balance at a rate equal to one and one-half percent (1.5%) per month from the due date until paid in full but in no event shall the service charge be greater than the maximum permitted by applicable law under contract. If the Seller deems it necessary to employ an attorney or collection agency to collect this account, or any part thereof, Buyer agrees to pay actual, reasonable attorney's fees or collection costs.
7. Following a reasonable time after delivery and installation of goods, but in no event to exceed 30 days, acceptance of the goods and work performed is deemed to have occurred and the Buyer thereby waives any complaint or any other objection arising under this contract to the goods and work performed.
8. All goods supplied and work performed is warranted to be fit for the ordinary purposes for which such goods are used.
9. This contract including all attached documents, which are incorporated herein By reference, constitutes the entire agreement of the parties. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE GOODS AND WORK TO BE PERFORMED WHICH IS CONTAINED IN THIS CONTRACT.
10. This contract is to be construed in accordance with, and governed by, the laws of the Sate of Michigan.
11. If one or more of the provisions are determined to be void under state law or determined to be unenforceable Galaxy Fence Services reserves the option to sever this provision from the contract and may choose to keep the remainder of the contract validly enforceable against the Buyer with the exclusion of the unenforceable provision. Galaxy Fence Services, also has the option to cancel the whole contract if one provision or more is rendered unenforceable.
12. The undersigned further agree(s) that title in and to any and all materials furnished by contractor whether attached to the building or not, shall remain with contractor until the full amount due from the owner(s) shall be paid. All unused materials shall, under any condition, remain the property of contractor. All materials delivered by the contractor to above premises, shall be stored and safety kept by the owner(s) and no rental or storage charges therefore shall be made or assessed by owner(s).
I, Customer hereby agree to stake the fence line(s) depicted. By This, each end, corner or gate post shall have a stake at that point. Failure to do so will result in a $50.00 return trip charge, payable upon completion of the job. GALAXY FENCE SERVICES will not in any way be held liable for incorrectly staked lines.
I, Customer, hereby agree to clear the fence line(s) depicted of all debris, brush, obstacles, ect. at least 2' on each side. Failure to do so will result in a minimum charge of $3.00 per foot for clearing the fence line, payable upon completion.
GALAXY FENCE SERVICES hold no responsibility for damaged sprinkler lines, gas barbeque lines, or any other such lines. It is the responsibility of the customer to mark where such lines are.
"You the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See (Additional Terms and Conditions) below for an explanation of this right."
Terms: 1/2 UPON SIGNING, 1/2 UPON COMPLETION