The Down Payment may be used to purchase material necessary for the performance of the WORK. Special order materials (meaning materials not stocked for immediate delivery by local suppliers and that must be ordered, or custom fabricated materials) are non-refundable. CONTRACTOR shall be entitled to final payment upon substantial completion of the WORK.
The WORK is substantially complete when all items described in this CONTRACT have been constructed or installed. Substantial completion shall not include adjustment, repair, replacement, or cleaning of any item so constructed or installed, or final inspection by a code official (if required).
CUSTOMER shall be entitled to one punch list prior to final payment. Customer shall have seven (7) calendar days after Contractor delivers the completed work to make any problems or dissatisfaction known to Contractor in writing, mailed to the address on this authorization.
Requests for adjustment, repair, replacement, or cleaning shall not delay final payment, but will be treated as warranty items. After five (5) business days from substantial completion, the unpaid balance of the TOTAL CONTRACT AMOUNT may be subject to interest charges as allowed by state law.
CUSTOMER acknowledges this CONTRACT serves as the invoice for the TOTAL CONTRACT AMOUNT, and no additional invoice will be provided. Failure to notify Contractor within the specified time (as determined by postmark date) waives all claims for adjustment. The Customer is personally responsible for all charges for services performed.
Installation dates are tentative and subject to change due to weather, material delays, or unforeseen circumstances (see Section 8).
Modifications to the WORK or CONTRACT shall only be made by written addendum signed by both CUSTOMER and CONTRACTOR. Additional charges may apply.
The WORK will be warranted by CONTRACTOR in accordance with Julien Affordable Fencing LLC’s Warranty. Existing structures to which the WORK is affixed are not covered under the Warranty. The Warranty is valid only after full payment of the TOTAL CONTRACT SUM. A sample Warranty form is attached.
CONTRACTOR shall obtain applicable permits and inspections. Unless otherwise agreed in writing or required by local code, CUSTOMER is responsible for any additional approvals (such as HOA, tax districts, wetlands, variances, or historic preservation). CUSTOMER shall provide an accurate plat of their property.
CONTRACTOR shall maintain at least one million dollars ($1,000,000) in Comprehensive General Liability Insurance with a licensed insurer.
CUSTOMER shall provide sufficient water and electricity for CONTRACTOR’s operations. Additional charges may apply if CONTRACTOR must provide electricity. Access must be granted to “811” personnel for marking underground utilities.
If unforeseen conditions are discovered (e.g., rock, high water table, buried tanks, etc.) that hinder completion, CONTRACTOR may require a written addendum outlining the extra work and price. CONTRACTOR is not obligated to continue if an addendum is not signed or if continuing would violate codes or standards.
CUSTOMER must clear a 6-foot-wide fence line area of vegetation or obstructions before installation. A Trip Charge applies if the fence line is not cleared. CONTRACTOR is not responsible for conditions discovered after completion.
CUSTOMER must mark all private underground utilities, drain lines, sprinkler systems, septic tanks, or electrical lines. CONTRACTOR is not responsible for any damages to unmarked or improperly marked lines.
CONTRACTOR is not liable for delays beyond its control (e.g., weather, strikes, material shortages). Failure by CUSTOMER to make progress payments may result in work postponement. Such delays are not considered abandonment.
Unless specified, CONTRACTOR shall not remove excess soil. CUSTOMER acknowledges potential turf damage from equipment or material storage. CONTRACTOR will perform reasonable remedial work at its discretion.
All drawings, plans, sketches, renderings, and designs remain the sole property of CONTRACTOR. CONTRACTOR retains copyright and intellectual property rights.
CUSTOMER grants CONTRACTOR a license to use photos and representations of the completed project for advertising. CONTRACTOR may place a plaque with its name and contact info on the fence.
CUSTOMER acknowledges CONTRACTOR provides construction services only and does not include architectural or engineering services.
If purchased, CONTRACTOR will repair sprinkler damage caused solely by its installation work.
If purchased, CONTRACTOR will handle required permit filings for CUSTOMER.
Technical field changes to comply with codes or standards do not constitute a modification to the WORK.
Materials may be delivered and stored on the PREMISES at CONTRACTOR’s discretion. Unused materials remain CONTRACTOR’s property.
CUSTOMER acknowledges potential hazards in the work area. CONTRACTOR will make such conditions known. CUSTOMER agrees to keep out of hazardous areas and indemnifies CONTRACTOR from claims arising from disregard of safety warnings.
CONTRACTOR operates independently. CUSTOMER agrees that HFB Julien Affordable Fencing LLC is not responsible for any acts or omissions of CONTRACTOR.
If any part of this CONTRACT is found invalid, the remaining provisions remain in effect.
CONTRACTOR is not liable for consequential, incidental, special, or punitive damages, lost profits, or goodwill. Liability is limited to the cost of the authorized services.
Customer must allow CONTRACTOR an opportunity to repair any claimed damage. In Florida, customers must provide 60 days’ written notice before filing any construction defect action per Chapter 558.
CONTRACTOR warrants its work only as mandated by statute and per the Julien Affordable Fencing LLC’s Warranty. This is the exclusive warranty, replacing all others (express or implied).
This CONTRACT is governed by the laws of the state where the WORK is performed.
Disputes shall first be mediated (AAA Construction Mediation Rules) and, if unresolved, settled by arbitration. Collection actions by CONTRACTOR are exempt from mediation/arbitration. CUSTOMER will pay collection costs, court fees, and attorney’s fees.
CUSTOMER waives the right to a jury trial.
All claims must be brought individually and not as part of a class or collective action. The arbitrator may not combine or aggregate claims. Any determination of the validity of this waiver shall be made by a court.
If CUSTOMER defaults, CONTRACTOR may retain all payments made as liquidated damages, except where prohibited by law.
CONTRACTOR’s acceptance of partial or late payment does not waive its rights or CUSTOMER’s obligations under this CONTRACT.
This CONTRACT represents the full and final agreement between CUSTOMER and CONTRACTOR, superseding all prior written or verbal agreements. No oral promises or agreements are part of this CONTRACT.
The total proposal price listed below for your project encompasses the material and installation costs, including a lifetime warranty on the material and a limited lifetime workmanship warranty. Julien Affordable Fencing LLC’s uses American made virgin vinyl with UV protection.
Details of the fence are as follows:
Style: White 6′ /8’Vinyl Privacy and 1-5′ & 1-4 Gate(s)
The price includes all gate hardware. We use concrete in every post hole.
Please note the drawn diagram is not drawn in the shape of the yard.
Following the acceptance of this proposal, Julien Affordable Fencing LLC’s will perform the following:
Payment Terms:
A 50% deposit is required to initiate the HOA (if required) and reserve materials. The remaining 50% is due upon the completion of the fence installation, subject to the homeowner’s approval and signoff.
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