It is agreed by and between STRICKLIN & PORTER CONSTRUCTION, LLC d/b/a Zachary Fence (“Company”) and the customer that the following terms and conditions are made as part of this contract:
Acceptance:
Customer hereby authorizes Company to install said materials on said property as provided herein. The salesman will assist the Customer in determining where the fence is to be erected but under NO circumstances does Company assume any responsibility regarding property lines or in any way guarantee their accuracy. If property pins cannot be located, it is best for the customer to get the property surveyed. Customer is responsible for fence permits, surveys, and line verification. Should the customer desire to change this order, as to the location of the fence, gates, etc., before work has started, an agreement by both parties is required. Customer is responsible for the cost of all changes. All wood used in fences allows knots, small splits, and weather cracks, and boards will shrink. Company will only guarantee that they will make any reasonable adjustments (in accordance with acceptable industry tolerances) for a 1-year period. Please use caution when opening and closing all wooden gates. We recommend gates be left in the closed position when not in use.
Payment Terms:
A 50% deposit is due upon acceptance of the quote. Absent default of Company, the deposit is non-refundable. The remaining payment for all work done under this contract and/or any addition thereto, unless otherwise specified, is DUE UPON COMPLETION. In the event that Customer fails to remit full payment at completion, Customer shall owe to Company the unpaid balance, together with interest from the date payment is due until paid (at the maximum legal rate) per month, plus any and all costs of collection, including but not limited to reasonable attorney’s fees. Customer shall be liable to Company for all costs, including reasonable attorney’s fees, incurred in enforcing any rights under this contract. Company reserves the right to file a lien for non-payment. There is a 4% charge for EACH credit/debit payment.
Indemnity:
The customer agrees to indemnify Company and its members, employees, affiliates, and agents for any damages or cost incurred in any way relative to property lines, or any injury, loss, or expense relative to work performed or in any way related to services performed under this contract. All indemnity under this contract includes but is not limited to attorney fees.
Termination/Cancellation:
In the event of termination or cancellation by customer absent default by Company, Company shall be entitled to receive the cost of all work performed, authorized and/or material in place, and/or ordered at that time plus 15% profit along with reasonable overhead and 15% profit on the work not executed and costs incurred by reason of such termination.
Additional Work:
Company is not responsible for subsurface or latent physical conditions at the site that have not been specifically disclosed by Customer. Any additional work or equipment required to complete the work as a result of concealed conditions and/or the customer’s failure to disclose conditions and/or previously unknown shall be the responsibility of the customer and are to be paid for by the customer on a time and material basis.
Unmarked Utilities:
Company is not responsible for damages to underground sprinklers, drain lines, invisible fences, underground cables, or other subsurface utilities or components (collectively, “Utilities”) unless the Utilities are adequately and accurately mapped and marked by the customer and a copy of the mapping is presented to Company before or at the time the work is performed. Customer shall indemnify and hold Company and its members, employees, affiliates, and agents harmless for any and all costs, expenses, and damages incurred as a result of unmapped or inaccurately mapped Utilities.
Governing Law and Venue:
The terms and conditions of this contract shall be interpreted and governed according to the law of the State of Louisiana. Venue and jurisdiction shall be limited exclusively to Zachary City Court if the amount in dispute, as defined by La. CCP Art. 4841(B), is within its jurisdictional limits or the 19th Judicial District Court located in Baton Rouge, LA in the event that the amount in dispute exceeds the jurisdictional limits of Zachary City Court.
Miscellaneous:
This contract shall not be construed against the drafter and if any provision of this contract is held to be illegal, invalid, or unenforceable, the remainder of this contract will be enforceable to the maximum extent allowed by law.
