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A) Title; Authorized Party. Customer represents that they hold legal title to the subject real property or are authorized to act as an agent for the true owner. Customer agrees to pay
<br />(hereinafter, “Superior”) the balance of the purchase price immediately upon substantial completion of the installation of the fence in accordance to the terms of this Agreement, and agrees that a permit final inspection of the fence is not a condition for final
<br />payment. A finance charge in the amount of 1.5% of
<br />the outstanding balance due will be added every thirty days to any invoice seven days past due. If you fail to make payment when due, Superior reserves the right to file a security interest on your property which creates an encumbrance on your title and may
<br />cause you the loss of your property. Should legal
<br />action become necessary to enforce this Agreement, Customer shall be held liable for any attorney’s fees and costs incurred whether a formal legal action has been filed or not. Customer shall also be held liable for any interest on the unpaid balance from the due
<br />date until payment is received by Superior at the
<br />highest rate of interest allowed by law.
<br />B) Legal Encumbrances. Customer agrees to inform Superior in advance about any easements, covenants or other legal encumbrances that could
<br />affect the fence installation. Customer agrees to
<br />keep posted permits on display at all times and agrees not to remove permit from property. CUSTOMER ASSUMES THE RISK AND THE FULL LIABILITY OF ASSISTING SUPERIOR WITH DELIVERY OF MATERIALS OR WITH INSTALLATION.
<br />C) Change Orders. If Customer requests Superior to do work additional to that described in this Agreement, Superior, at its option, may require Customer to sign a written change order (“Change Order”) explaining the change in the scope of work
<br />and the additional charges that the Customer is
<br />obligated to pay. The Change Order will include a description of the additional work, additional payments that will be required and anticipated start and finish dates. The Change Order will become part of this Agreement. If Superior does not require a
<br />Change Order or if Customer fails to sign the Change
<br />Order, Customer agrees that it is still responsible to pay for any work performed by Superior that was outside the original scope of this Agreement.
<br />D) Credit Card Transactions: If Customer chooses to
<br />pay for the fence with a credit card, the cardholder
<br />agreement (to which Superior is not a party) will determine the total cost of Customer’s purchase, including all interest charges and fees. Customer will be further subject to Your cardholder agreement's terms and conditions.
<br />E) Financed Transactions: If Customer chooses to finance the purchase of the fence in whole or in part, the loan agreement (to which Superior is not a party) will determine the total cost of Customer’s purchase, including (i) the amount financed (the amount of
<br />credit provided to you); (ii) the associated finance
<br />charges (the dollar amount the loan will cost you); and (iii) the total payment (the amount you will have paid when you have made all scheduled payments). Customer will be further subject to Your loan agreement's terms and conditions.
<br />F) CANCELLATION. CUSTOMER MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION BY DELIVERING WRITTEN NOTICE TO SUPERIOR FENCE BY MIDNIGHT ON THE THIRD BUSINESS DAY AFTER SIGNING ( THE “CANCELLATION PERIOD”). THE
<br />STATE SUPPLEMENT CONTAINS A FORM TO USE IF
<br />ONE IS SPECIFICALLY PRESCRIBED BY LAW IN YOUR STATE.
<br />In the event of a cancellation, Customer’s deposit will be returned within (10) business days after
<br />Superior’s receipt of your notice.
<br />G) Termination. If Customer terminates this Agreement after the Cancellation Period, Customer agrees to pay
<br />Superior Fence the greater of (1) twenty five (25%) of
<br />the total sale, or (2) the total costs of materials, labor and services provided by Superior Fence through the time of termination, plus any other amounts allowed under applicable law. If after the Cancellation Period, Superior discovers impediments to installation of the
<br />fence such as building or zoning code violations, hidden
<br />or unforeseen hazardous conditions on your property or easements or other legal encumbrances that you did not inform us of, Superior may immediately terminate the Agreement without further obligation to you. In such an event, Customer agrees to pay Superior the greater
<br />of twenty five (25%) of the total sale or the costs of
<br />materials, labor and services provided by Superior Fence through the time of termination, plus any other amounts allowed under applicable law.
<br />H) Commencement of Job. Customer agrees that once
<br />the work is started, Superior will have the ability to
<br />complete the entire scope of work without any interruptions. Further, any changes made by the Customer to the layout of the proposed fence must be made prior to the installation date. If changes are made during the day of installation, Customer will be charged
<br />a trip charge of up to $500.00 if such a change requires
<br />an additional trip to the property for completion of the fence. If Customer makes any changes to the fence layout on the date of installation resulting in reduced footage and extra materials, Customer agrees that these materials are non returnable and must be paid
<br />for as agreed.
<br />I) Public Underground Utilities. Superior will call a utility locating service that will locate the public underground utilities on your property. Customer agrees to allow the locating service to your property for the purpose of
<br />conducting a utility locate.
<br />J) Private Underground Utilities; Irrigation Lines. Customer agrees to be solely responsible for any damage to buried private utilities, underground lines, including water lines and irrigation lines that have not
<br />been properly marked by Customer, and Customer
<br />agrees to indemnify Superior from any liability which it might incur pursuant to the service involved in the performance of this Agreement.
<br />K) Homeowner’s Association. If Customer’s home is
<br />part of a Homeowner's Association,
<br />(HOA), Customer understands and agrees that it is Customer’s sole obligation to obtain and provide approvals from the HOA. Superior is not responsible if the fence that Customer contracted for does not comply with Customer’s HOA’s rules and regulations.
<br />L) Pre-Installation Meeting. Customer agrees to meet with the installation crew on the day of installation before installation begins to indicate actual fence placement.
<br />M) Fence to Follow Ground. Customer agrees that the
<br />fence will be installed to the contour of the existing ground unless agreed otherwise in writing on change order of installation overview agreement.
<br />N) Property Lines. Customer agrees that it is
<br />responsible for locating property pins and staking
<br />terminals to establish its property lines prior to installation of the fence. Superior will assist the customer, upon request, in determining where the fence is to be erected, but under no circumstances will Superior assume responsibility concerning property
<br />lines or in any way guarantee their accuracy. If property
<br />pins cannot be located, Customer may have to hire a third party to survey the property. Superior is not responsible for identifying property lines, easements, covenants, or other legal encumbrances. Customer agrees to indemnify Superior and hold it harmless
<br />against and in respect to the claims of any persons
<br />aggrieved by the location of the subject fence when erected or by trespasses or damage which may have necessarily been committed or occasioned consciously or unconsciously by Superior in the course of installation.
<br />O) Clearing of Proposed Fence Line. Customer agrees to clear the fence line of any and all obstructions, including but not limited to trees, brush, debris, fixtures and personal yard items. In the event that the
<br />fence line is not cleared upon our arrival, Customer
<br />understands and agrees that it will be charged a trip fee of up to $500.00, which must be paid prior to the job being rescheduled. Further, Customer shall hold Superior harmless for any damage to items within the fence line.
<br />P) Access Ways. Superior is not responsible for any damage to driveways, walkways, walls, gardens, fresh grading, sod, shrubbery, patios, pavers or other property features resulting from gaining access to the property or performing work in the proximity of the
<br />fence location.
<br />Q) LIMITED WARRANTY. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SUPERIOR WARRANTS THE WORKMANSHIP OF THE INSTALLATION FOR THREE (3) YEARS FROM ITS
<br />COMPLETION DATE. PROVIDED CUSTOMER NOTIFIES
<br />SUPERIOR DURING THE WARRANTY PERIOD, SUPERIOR WILL ARRANGE FOR REPAIR AT NO CHARGE TO CUSTOMER FOR ANY FAULTY WORKMANSHIP. SUPERIOR’S WORKMANSHIP WARRANTY IS ONLY RELATED TO FAULTY
<br />WORKMANSHIP AND DOES NOT COVER PRODUCT
<br />DEFECTS OR DAMAGE CAUSED BY ACTS OF GOD, INSTALLATION OR REPAIRS MADE BY OTHERS, ABUSE, MISUSE, NEGLECT, OR NORMAL WEAR AND TEAR. MERCHANDISE AND MATERIALS ARE COVERED EXCLUSIVELY BY THE MANUFACTURER'S WARRANTY,
<br />IF ANY. THIS LIMITED WARRANTY GIVES CUSTOMER
<br />SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE. CUSTOMER ACKNOWLEDGES THAT WOOD FENCES HAVE A TENDENCY TO SHRINK, WARP, CRACK, AND CHIP AND THAT THESE FEATURES OF
<br />WOOD ARE NORMAL AND ACCEPTED OCCURRENCES
<br />AND ARE NOT WARRANTED.
<br />R) Acts of God. Customer agrees that all workmanship warranties will be void in the event of significant wind events including but not limited to hurricanes, tropical
<br />storms, cyclones, and tornadoes.
<br />S) Deposit. Upon signing the contract, 50% of the total contract amount is due unless state law governs otherwise. The remaining balance is due upon acceptance of completed installation.
<br />T) Miscellaneous. If there is an unpaid balance, at its discretion, Superior Fence may temporarily void the warranty (workmanship) until the unpaid balance is resolved.
<br />Installation dates are approximate due to various
<br />circumstances such as weather, workload, obtaining building permits and utility locates. Superior will strive to install fencing in a timely manner, however,
<br />Customer may not cancel this contract due to
<br />rescheduling for circumstances beyond Superior’s
<br />control.
<br />Customer Agrees to allow Superior to include a 4”x6” or 3"x10" sign on Customer’s Fence.
<br />The price included in this proposal is firm for 15 days
<br />unless the contract is executed.
<br />U) Subcontractors. Superior may, at it's discretion, subcontract all or part of the labor required to complete the project.
<br />V) Delays. Superior is not responsible for delays resulting from events beyond its control including, but not limited to the following: delayed contract execution, delayed deposit payment, Acts of God, change orders, governmental actions, manufacturing
<br />delays, damage to merchandise caused by third
<br />parties, labor strikes, any incorrect information you provide, legal encumbrances on your property, your property’s nonconformance with zoning or building code requirements, hidden or unforeseen hazardous conditions on your property or your noncompliance
<br />with this Agreement. Further, Superior reserves the
<br />right to terminate this Agreement and to discontinue installation of your fence for any of the aforementioned conditions.
<br />TERMS AND CONDITIONS
<br />Superior Fence & Rail Contact Information:
<br />I UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS: _________
<br />South Bend
<br />Superior Fence &Rail of South Bend
<br />55801 East Avenue
<br />Mishawaka,IN 46545
<br />(574)544-2700
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