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480 Irex Road RFNC24-0046 PermitOWNER:ADDRESS:CITY:STATE:ZIP: RONALD T GLUSENKAMP 480 IREX RD ATLANTIC BEACH FL 32233 COMPANY:ADDRESS:CITY:STATE:ZIP: TYPE OF CONSTRUCTION: REAL ESTATE NUMBER:ZONING:BUILDING USE GROUP:SUBDIVISION: 171428 0000 ROYAL PALMS UNIT 02A3.00 JOB ADDRESS:PERMIT TYPE:DESCRIPTION: VALUE OF WORK: 480 IREX RD RESIDENTIAL FENCE ONE STREET FRONTAGE 4' FENCE $4220.00 FEES DESCRIPTION ACCOUNT QUANTITY PAID AMOUNT ZONING FENCE PLAN REVIEW FEE 001-0000-329-1003 0 $35.00 TOTAL: $35.00 LIST OF CONDITIONS Roll off container company must be on City approved list . Container cannot be placed on City right-of-way. NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. MUST CALL INSPECTION PHONE LINE (904) 247-5814 BY 4 PM FOR NEXT DAY INSPECTION. ALL WORK MUST CONFORM TO THE CURRENT 6TH EDITION (2017) OF THE FLORIDA BUILDING CODE, NEC, IPMC, AND CITY OF ATLANTIC BEACH CODE OF ORDINANCES . ALL CONDITIONS OF PERMIT APPLY, PLEASE READ CAREFULLY. 1 of 1Issued Date: 4/5/2024 PERMIT NUMBER RFNC24-0046 ISSUED: 4/5/2024 EXPIRES: 10/2/2024 RESIDENTIAL FENCE PERMIT CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FL 32233 V , BUILDING PERMIT APPLICATION FOR INTERNAL OFFICE USE ONLY ss, City of Atlantic Beach Building Department RP-NPERMIT# CZq--f 4 o C v" 800 Seminole Road, Atlantic Beach, FL 32233 01119',' ALL information required to process Phone: (904) 247-5826 Email: Building-Dept@coab.us Job Address 11-60 f r2 X O RE# i ii 1425- pop() Legal Description )r III 3k11o , 1 Valuation of Work(Replacement Cost) ' L.! 2, 2-0 Heated/Cooled SF Non-Heated/Cooled SF Class of Work: 1K New Addition Alteration Repair Move EDemo Pool Window/Door Use of existing/proposed structure(s): Commercial pesidential • If existing structure, is a fire sprinkler system installed?:Yes No Will tree(s) be removed in association with proposed project? Yes (Must submit separate Tree Removal Permit) 1:KNo Describe in detail the type of work to be performed: frikYtt -RAcc__ -It- .errl ca'Sre_aia • .-- I.YCC,s.e_ zrvick.e, pecir# '1vGthl'iCtM . f!<i(S 8i 1 Q/t'1 @ IVtal Florida Pr n ormation Sheet) Property Owner Information Name -f-fat ki Qti 6 tasezii Phone (pf Z— Z z 313 7 Address t/S ()NA. P-0 CityAticti,P,,, it State Zip 3 2_2 Email 114441•twlA l.'Sen Owner ,ir Agent(If Agent, Power of Attorney or Agency Letter Required) etAAN2,(' Con - orinfeffna ': e of Company Phone I-- k e-O ^J"7-q_J(*j Address I ( Fia(/ .'>-f- City ullGAc,fIle c State Zip 3 2 30 Qualifying Agent Va 'i Luado Ofritc(C'S f&rtification/Registration# Email <1,t,p royel-E)er,,&n •co"Job Site Contact Number Worker's Comp nsation Insurer J OR Exempt Expiration Date Architect's Name Email Phone Engineer's Name Email Phone Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all the laws regulating construction in this jurisdiction. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS,TANKS, and AIR CONDITIONERS,etc. NOTICE:In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this city/county, and there may be additional permits required from other governmental entities such as water management districts,state agencies, or federal agencies. OWNER'S AFFIDAVIT:I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOU PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE SITE OF THE IMPROVEMENT BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATR : - ORE RECORDING YOUR NOTICE OF COMMENCEMENT. Alia nature o'•• •- • i:-nt) Signature of Contractor) Sine; and sworn to`•'r affirm-d •efore me this day of Signed and sworn to(or affirmed)before me this day of 1M I.A 4 by 41;1,164 6G4e tail4)by Signature of NotarySignature of Notary Personally Known OR [ roduced Identification Personally Known OR [ ] Produced Identification Type of Identification:1\t(iV ( GPA ' . Type of Identification: i4..VANESSA ANGERS MY COMMISSION It HH 244118 EXPIRES:March 23,2026 t,,,,, moi,,Fence Addendum Updated03/07/2024fu.City of Atlantic Beach Building Department75 r, - 800 Seminole Road, Atlantic Beach, FL 32233 PERMIT #Jr. Phone: (904) 247-5826 Email: Building-Dept@coab.us Job Address: Date: 14 ,o, (f'( / Lot , ety C petiiitrt— 21 2/ ZJ-/ Property Type: Lot Type/ Features: Residential One Street frontage (interior lot) r Commercial More than one street frontage (corner lot, through lot, etc.) Swimming Pool Fence Material: our Height (select all that apply): Wood four Foot (4ft) hain Link Six Foot (6ft) D Vinyl Other Block/Stone (Plan details required for footings and/or retaining walls) Other Fence Location: Please submit an accurate and current boundary survey showing all existing improvements (including building footprint, driveway, swimming pool, etc.) and location of fence/wall and any gates. Plan details required for block wall footings and/or retaining walls and any portion or fencing above 6ft in height. y-t Will the fence be built in an easement? Yes (must submit separate Revocable Encroachment Agreement) X_No Will tree(s) be removed in association with proposed project? Yes (must submit separate Tree Removal Permit) N o Conditions of Approval: All old fencing and debris must be removed from job site by contractor or homeowner. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. KENNETH OSBORNE Digitally signed by KENNETH OSBORNE Date: 2019.11.19 12:04:41 -05'00' Quote #898381 Fence Installation ORDER ID #394471 ORDER ADDRESS 480 Irex Rd, Atlantic Beach, FL 32233, USA LICENSES SALES REP Valentin Eduardo Miralda Mole SENT AT Apr 1, 2024, 03:32 pm EXPIRES AT Apr 17, 2024, 06:59 am Imagery ©2024 Airbus Report a map error© 2024 Ergeon Inc.©2024ErgeonInc.1-888-374-3661 Project Scope A Side Finish Height of 4'; In Panel with top 1”x4” Fascia, nished side facing outwards, Side by Side, 1"x6" Pressure Treated Pine Pickets, 4"x4" PT Pine Posts 2 Pressure Treated Pine 2”x4” Rails with 2”x4” PT Pine Cap Rail, No Demo and No Haul Away Length: 28 ft. $768.00 B Side Finish Height of 4'; In Panel with top 1”x4” Fascia, nished side facing outwards, Side by Side, 1"x6" Pressure Treated Pine Pickets, 4"x4" PT Pine Posts 2 Pressure Treated Pine 2”x4” Rails with 2”x4” PT Pine Cap Rail, No Demo and No Haul Away Length: 23.9 ft. $515.00 C Side Wood Single Gate; 3' Wide PT Pine Box Frame, Straight Top, Side by Side with a Finish Height of 4', built with Flat Top 1”x6” Pressure Treated Pine Pickets, 2”x4” PT Pine Cap Rail, 4"x4" PT Pine Posts and a Standard Latch with One Standard Handle. Opening Outward - Left Direction $249.00 D Side Finish Height of 4'; In Panel with top 1”x4” Fascia, nished side facing outwards, Side by Side, 1"x6" Pressure Treated Pine Pickets, 4"x4" PT Pine Posts 2 Pressure Treated Pine 2”x4” Rails with 2”x4” PT Pine Cap Rail, No Demo and No Haul Away Length: 29.7 ft. $677.00 E Side Wood Double Drive Gate; 10' Wide PT Pine Box Frame, Straight Top, Side by Side with a Finish Height of 4', built with Flat Top 1”x6” Pressure Treated Pine Pickets, 2”x4” PT Pine Cap Rail, 4"x6" PT Pine Posts and a Dual Access Latch with Two Standard Handles, including two 24" Drop Rods. Opening Outward $767.00© 2024 Ergeon Inc.©2024ErgeonInc. F Side Finish Height of 4'; In Panel with top 1”x4” Fascia, nished side facing outwards, Side by Side, 1"x6" Pressure Treated Pine Pickets, 4"x4" PT Pine Posts 2 Pressure Treated Pine 2”x4” Rails with 2”x4” PT Pine Cap Rail, No Demo and No Haul Away Length: 15 ft. $368.00 G Side Finish Height of 4'; In Panel with top 1”x4” Fascia, nished side facing outwards, Side by Side, 1"x6" Pressure Treated Pine Pickets, 4"x4" PT Pine Posts 2 Pressure Treated Pine 2”x4” Rails with 2”x4” PT Pine Cap Rail High Slope Parallel top / Parallel bottom, No Demo and No Haul Away Length: 24 ft. $876.00 Project Footnotes - To avoid any delays to your fence project, please be sure to clear 2 feet of space on both sides of the fence line(s) by removing or cutting back any vegetation and relocating any objects prior to the day of installation. - During the pre-visit, we will re-assess the need for a retaining wall, in which case a change order may be required. - Due to the nature of building and providing a quote remotely, anything that is not discussed, claried, or captured on the remote onsite assessment may require a change of order upon site inspection. - If you plan on splitting the cost with your neighbors, please provide us with their information. Their acceptance is needed during the approval process. We will ensure the correct split. Alternatively, we can attribute all costs to you, giving you the option to adjust with them post-installation. Let us know what’s most convenient to you! © 2024 Ergeon Inc. Total: $4,220.00*© 2024 Ergeon Inc.©2024ErgeonInc. CUSTOMER Hannah Glusenkamp ADDRESS 480 Irex Rd, Atlantic Beach, FL 32233, USA PHONE (612) 220-3139 EMAIL hannah.glusenk amp@gmail.com Project notes Why choose us? Important things to consider We guarantee the quality of our work through our industry leading warranty and source high quality materials to ensure a long lasting construction. You will have an assigned project manager to coordinate your installation and our customer service desk will be available to assist Monday through Sunday. All lumber sizes are stated in nominal dimensions not actual measurements, this is part of the industry standard, please allow a small tolerance in case there is a few inches difference in the nal measurements or fence height. As part of our due diligence we request a dig clearance to identify underground public utility pipes, avoiding any unwanted incidents. Please make sure to verify and point out property boundaries, buried private lines (gas, water or electric) or objects and sprinklers. Lastly, please, arrange a 2ft clearance is provided along the fence line (cutting back vegetation and removing objects such as: household articles, river rocks, mulch among others) otherwise the project may be delayed causing additional charges.© 2024 Ergeon Inc.©2024ErgeonInc. After you approve the quote Scheduling After accepting your quote, our project management team will be in touch with you within a week to discuss next steps, and get you scheduled as soon as possible! Initial walkthrough The day of the project start, we ask you to please be home between 8–10am, so you can go over the project specications with our installer. Final walkthrough and sign off At the end of the job, we’ll do a nal walkthrough to conrm you’re happy with the project and get your sign off. Billing You will be charged after you sign off on your project. Payments made via check will be subject to an additional transaction fee.© 2024 Ergeon Inc.©2024ErgeonInc. Created in Master PDF EditorCONSTRUCTION CONTRACT This Construction Contract (“Contract”)is entered into by and between ERGEON Inc.(“Contractor”) Address:1201 Hays Street,Tallahassee,FL 32301 Phone:650-300-4854 email:support@ergeon.com And ____________________________________________________________________________,(“Client”) Address:_________________________________________________________________________ Phone:_______________ email:_______________________________ 1.DESCRIPTION OF WORK Contractor will furnish all labor,materials,equipment,supervision,and contract administration to complete in a good and workmanlike manner the following:Installation of a privacy fence at the property of Client located at _________________________________________________________(the “Project”),as described more fully in the Quote previously approved by the Client.By this reference,the Quote is incorporated in and made a part of this Contract.Contractor’s scope of work under this Contract is restricted only to the works specified on the Quote. 2.USE OF NOMINAL AND DIMENSIONAL MEASUREMENTS As is common practice in the lumber industry,all lumber sizes are stated in nominal dimensions not actual measurements,regularly actual boards can be up to half an inch less than the tagged numerical value. This means the final measurements may vary especially when stacking different wood parts.The overall height of the fence may vary plus or minus six (6)inches than what is specified on the quote due to such conditions. 3.DESCRIPTION OF MATERIALS AND EQUIPMENT The materials to be used in the construction of the Project are described in full detail in the Quote previously approved by the Client.By this reference,the Quote is incorporated in and made a part of this Contract. Created in Master PDF Editor4.NATURE OF MATERIALS The material which will be used for the construction of the contracted work will be specified in the quote. Unless clearly stated wood elements will have no additional processes such as sanding,or pre-staining,most boards used,unless clearly specified,will be rough cut and delivered to the installer prior to the execution of work.Some dark marks on boards might be visible from the friction of the saw against the wood surface. 5.APPROVING A QUOTE This Contract is deemed signed by both Contractor and Client upon the approval of the corresponding Quote. The Contract will be deemed perfected after the Client enters their Credit Card information on the electronic Quote,or by submitting a check with the corresponding down payment according to Law. 6.CONTRACT PRICE Client shall pay Contractor a fixed sum that is specified and can be found on the corresponding Quote,for the work to be performed under this Contract,subject to additions and deductions pursuant to change orders agreed upon in writing by the parties.This change order will be itemized. 7.PAYMENT OPTIONS All payments made via paper check will be subject to a $50 processing fee.E-check will be charged at the amount listed on the Client’s quote.Payments made via credit card will not be subject to additional transaction fees.Payments made via ACH transfers may be subject to benefits listed on the Client’s quote. 8.DOWN PAYMENT A down payment will be required in case the Client decides to approve the Quote by submitting a check.THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE,WHICHEVER IS LESS. 9.PROGRESS PAYMENTS In any Project with a Contract Price equal or greater than $10,000 USD,progress payments shall be required for each phase of work completed. A schedule of progress payments is included on the Quote which is a conforming part of this Contract. 10.PROJECT COMPLETION SIGN OFF The services will be deemed completed and payment due once the construction of the contracted project has been finalized and the project rendered complete by both parties.To agree on the completed project the Client will be provided with an electronic signature form,which can be made available by the Contractor in any format that the Contractor deems adequate.By signing the form,the Client accepts the delivered project,marks the project as completed and agrees that there are no pending works to be made.The Client will have a 24 hour Created in Master PDF Editortime frame to sign the form or report any nonconformities,counted from the time it was made available to the Client.Upon the elapse of the specified timeframe,the Contractor reserves the right to collect payment from the Client.The Client also enables the Contractor to collect payment immediately on the method of payment they have previously chosen.In the event of insufficient funds or credit card declined,the outstanding balance will be collected by the Accounts Receivable team.Without anything to the contrary,the Contractor will retain its right to file a Mechanics Lien if the Client refuses to pay according to the provisions of this agreement. 11.ALTERNATE SIGN OFF If the Client cannot sign the electronic signature form when services are delivered,the Client can inform the Contractor in writing via email at support@ergeon.com to confirm that the services were provided accordingly. If no notification has been made,whether to sign off on the work or to report any nonconformities within 24 hours after construction has ended,the project will be deemed completed to the Client’s satisfaction,thus making payment available to collect from the Client. 12.PAYMENTS DUE All payments will be required within 24 hours after sign off.Any payments done after this timeframe will be deemed overdue.In the event of overdue payments,Ergeon reserves the right to charge the payment method saved on file.In the event of insufficient funds or credit card declined,the outstanding balance plus any returned payment fees will be collected by the Accounts Receivable team. Should default be made in payment of this contract,charges shall be added from the date thereof at a rate of two percent (0.84%)per month (10.00%per annum)with a minimum charge of $5.00 per month,and if placed in the hands of an attorney for collection,all attorney's fees and legal filing fees shall be paid by Client accepting said contract. 13.PAYMENT COLLECTION POLICY The Contractor is hereby entitled to collect any pending balances 24 hours after sign off or project completion. By signing this agreement,the Client acknowledges and agrees that the Contractor will apply any pending balances or non paid amounts to the selected payment method on file. 14.START AND COMPLETION OF WORK The work to be performed under this Contract shall be commenced on approximately 20 business days after the Quote Approval (which is the equivalent of signing this Contract).The Project shall be completed by approximately 10 business days after the beginning of the work,subject to any permissible delays as defined in this contract.These timeframes are only an average and vary depending on seasonality and materials availability. The Contractor reserves the right to adjust and modify these dates based on the previously stated factors and will inform the Client who adheres to them by signing this contract. Created in Master PDF Editor15.PERMISSIBLE DELAYS If the Contractor is delayed during or before commencement of the project by inclement weather,manpower constraints and/or equipment availability or any cause beyond the control of the Contractor,the Contractor shall be entitled to an extension.Said delays can cause the buyer inconvenience and/or expense such as lost time at work,pet boarding fees,etc.The Client agrees that the Contractor will not allow a reduction in the contract price,nor will reimbursement be made to compensate the customer for said expenses and/or inconveniences. Any delays that incur additional costs that are caused by acts,omissions or decisions by the Client or any change order required,the Contractor shall be entitled to an equitable adjustment of the contract price as specified in the Contract Terms. If any permits need to be obtained by the Client,the Contractor will be notified by the Client before work can start.If not obtaining these delays the installation,the Contractor will not be held responsible for those delays. In any case,The Contractor will not be held responsible for any delays caused by permits that are obtained on behalf of the Client. 16.SPECIAL CONSIDERATION ABOUT PERMITTED WORK The Contractor may communicate and/or notify the Client of any permit requirement at any given time before signing up for a construction contract.If the Client requires the Company to obtain the permit in the Client’s name,the costs and fees associated to the obtainment of such permits will be charged to the Client as a separate service from the construction quote.The Contractor is not responsible for any rejection or denial of the permits,therefore it cannot guarantee said permit’s approval.Nor of any consequences that may derive from the rejection of said permit.if the Client chooses to obtain the necessary permits independently ,the Client shall assume full responsibility for such actions.In the event that the Client opts to procure permits autonomously,the Company requires the Client to provide notification of the anticipated commencement of work through the issuance of a 'Notice of Work Commencement.'Such notice may be transmitted via email or any other electronic communication method available. Moreover,upon receipt of the Client's notification for the commencement of work,the Company will initiate the project under the presumption,unless explicitly stated otherwise by the Client,that:(i)all requisite permits mandated by law or local ordinance have been duly acquired by the Client;(ii)property measurements have been accurately demarcated for gas,electricity,and other utility lines;and (iii)all neighboring parties have been duly informed of the impending work. For any and all work that requires a permit according to the corresponding building regulations,the provisions expressed on the previous clause will apply.In case the obtaining of such permits takes longer than the proposed installation timeframe for the project,both parties can cancel the contract without penalty or further obligation. If the obtaining of a permit takes longer than 60 days,a new quote will be issued with possible price adjustments based on material price fluctuations,market conditions and labor based on demand. Created in Master PDF Editor17.STANDARD BUILDING CONSIDERATIONS Contractor uses proprietary building techniques and methods to perform the contracted project.Client agrees to the Contractor’s building processes.This will include gate placement,section length,construction technique, etc. In the event the Client has a different building process in mind this should be communicated to the assigned Project Manager,who will process the request.In case the Contractor agrees to such requests,a Change Order will be required and will be subject to the Client’s approval. 18.RELEASE OF MECHANICS’LIENS In the event that the Contractor has filed and notified the Client of a mechanics lien,the Contractor is obligated to deliver the corresponding Release to the Client after satisfactory payment of any pending balance or compensation made. 19.APPLICABLE LAW AND DISPUTE RESOLUTION This Contract will be subject to the State laws.Any controversies will be solved via Arbitration.An Arbitration Agreement can be found on Appendix B and is hereby deemed part of the present Contract. 20.CLIENT RESPONSIBILITIES &CONTRACTOR CONDITIONS a)Owner is responsible for facilitating the Contractor with all the necessary means to perform the project to a successful completion,such as access to the premises,timely communications,access to electrical current for tools,authorization to access neighboring properties,among others.Any delays attributable to the Client may result in additional charges b)Client is responsible for securing any and all animals or pets to ensure their safety as well as the installers. c)Client understands and agrees that approving a Quote solely binds the Client,therefore it is the Client’s responsibility to collect all shared payments.Contractor can provide separate invoices at the Client’s request that will serve as proof of payment. d)In the event that multiple parties approve a project,each party is responsible for the scope of their corresponding quote.The primary approver will have full visibility of the project scope in their quote,but will remain responsible for their part alone. e)Client is responsible for obtaining all Homeowners Associations,City,County and any other entity’s approval procedure,documents,permits and/or costs that may be required prior to construction commencing on the property,including all permit fees.If the Contractor is required to obtain a permit due to City or HOA regulations,additional costs will be included in the quote for the additional administrative work.The previous also applies for change order procedures. f)Client is responsible for locating and identifying any property lines to the Contractor.If there is no clarity on the boundaries,the Client can hire a licensed land surveyor.Client warrants that all boundaries and property lines are accurate and therefore the Contractor will rely on the property lines identified by the Client or their surveyor.Client agrees to defend,indemnify and hold Contractor harmless from any and all claims (including,without limitation,claims asserted by neighbors of Client alleging trespass),and damages of every type (including,without limitation,attorney fees,expert and consultant fees,and costs),arising out of any Created in Master PDF Editorinaccuracies or alleged inaccuracies with the boundary and property lines identified by Client and/or Client’s surveyor. g)Client is responsible for notifying all neighboring property owners that the installation will take place, which may produce noises and vibrations that could disturb their regular activities.Also inform them that in the event there's a need to access their corresponding properties for installation,such is granted in a timely manner.In the event of a dispute between neighbors caused by the project;Contractor shall not engage in any work until a written agreement is signed by both neighbors and will reserve the right to cancel the project without any further responsibility. h)Contractor is not responsible for damages to irrigation,sprinklers or landscape/vegetation along the fence line.Client is responsible for clearing 2 feet of work space along the fence lines prior to start date.If significant overgrowth is required to be cut back to execute agreed construction,additional charges shall be applied to the Client. i)Client will work with Contractor to ensure the property is marked correctly for the gas,electricity and any other utility lines with their respective service providers to provide the required dig clearance.Client will be responsible to identify any other lines installed privately,and that are not accounted for by 811 Service.This includes also the presence of sprinklers,irrigation lines,drip lines and similar.Contractor will not be responsible for buried objects or lines like gas,water,cable,telephone,electric that were not previously and properly identified. j)Contractor requires Client to reposition or remove any sprinkler heads,irrigation lines,drip lines and analogous before installation,due to the high risk of damaging them during demolition and excavation,if these are within 2 feet from the proposed fence line,Contractor will not be responsible for any damages occurred to the mentioned items. k)The approved quote does not include any dirt removal costs from excavation.The Client will seek to relocate or dispose of the dirt.A change order will be required if dirt removal is requested by the Client. l)The approved quote does not include costs for removing and reattaching objects such gates, downspouts,fences or similar for access purposes. m)Additions or changes to the scope of work not accounted for in the quote will require a change order with the additional charges and the corresponding approval from the Client.Unforeseen situations that cause additional charges or changes in the scope of work will require a change order. n)The approved quote does not include the removal of concrete footings from previously installed posts. The new posts would be installed offset from the existing post holes,the old posts cut at the ground level.A change order will be required if concrete footing removal is requested by the Client. o)Some special soil conditions might be unaccounted for in the approved quote.A change order might be needed if during the installation unforeseen conditions such as heavy presence of bedrock or other rock material that render the installation slower and more labor intensive are found. p)Other work conditions such as pronounced sloping,extreme landscape features and other conditions that could render the installation physically impossible to perform,or put the life or health of the installers at risk are a cause of cancellation without any responsibility to the Contractor. q)Automatic gate installation only includes the mechanical installation of the motor as well as the construction of the gate.Any electrical installation shall be done by a certified electrician at the Owner’s expense. r)The Fence staining service does not provide with color-matching s)Wood material will not match the existing color of any existing wooden fence.Wood is a natural product and its coloration is dependent upon many factors such as weathering that are not controlled by the Contractor or the lumber provider. t)If the Client is a tenant on the property and not the owner,the tenant warrants to the Contractor that all work performed under this contract has been approved by the owner prior to the execution of this contract. Created in Master PDF EditorTenant agrees to indemnify and hold harmless the Contractor from any and all claims by the Client or its agents arising out of the owner’s non-approval of the work under this contract. u)Contractor is not responsible for working or constructing across not properly identified property lines, easements,covenants or other legal encumbrances that your service address may be subject to and holds no liability for such elements. v)Contractor is not responsible for any grading work in the terrain.Soil may shift during installation and/or over time.Gaps under fences are normal and will be accentuated when the ground upon where the fence is built is uneven.Post concrete crownings are for utilitarian purposes rather than aesthetic,their final shape may not be completely even. w)Client agrees to provide access to the jobsite during working hours,remove all objects attached to the fence,provide power and water,keep all pets restrained and leave no minors unattended. x)Client agrees that if by theirs or anyone else's action,interference or delays are caused to the installation,Client will be subject to transportation/storage and labor charges at the cost of $50 an hour or $300 per work day lost. 21.ENTIRE AGREEMENT Both Parties agree that this Agreement and its supplementary clauses and appendixes have been written accordingly to their will and specifications.This Agreement supersedes and cancels any and all related previous written and oral agreements,communications and other understandings.It is agreed that there are no rules,conditions or limitations from other agreements affecting the present,different from those provided in this Agreement. 22.CONFIDENTIALITY The Contractor hereby agrees to keep all customer information confidential.This includes but is not limited to email addresses,physical and mailing addresses,phone numbers and any other contact information;from the Client,and any other neighbors,agents,employees or other individuals who may be directly or indirectly involved with the contract object of this agreement.The Contractor reserves the right to review,scan,or analyze communications with the Client,either directly or through third party providers and/or any tool. The Contractor will have the right to share pictures of their finished projects for marketing purposes.The Client can send an email if it wishes to be removed from the featured projects. 23.SEVERABILITY Any provisions held invalid or unenforceable may be severed from the remainder of this Agreement,whether partially or completely.The remaining provisions will continue to be valid and enforceable. 24.WAIVER If any of the Parties waives the other for any breach,default,delay or omission of any of the provisions contained in this Agreement,this action will not allow future breaches of the same or any other provisions to be waived automatically. Created in Master PDF Editor25.FORCE MAJEURE Contractor shall not be held liable or responsible for any breach,default or delay for failure to deliver the Services as specified on this Agreement,as long as this failure is caused by circumstances beyond the reasonable control of the Contractor,including but not limited to fire,floods,embargoes,war,acts of war (whether war be declared or not),acts of terrorism,insurrections,riots,civil commotions,festive mishaps, strikes,lockouts or other labor disturbances,acts of God or acts,omissions or delays in acting by any governmental authority or the Client.If a Force Majeure event exceeds 30 days the Contract is terminated unless mutually agreed by the parties. 26.MODIFICATIONS TO THIS CONTRACT Contractor may modify or replace any provisions of this Contract at any time by posting a notice on the Contractor’s Website or by notifying the Client in writing via email or regular correspondence. Except as otherwise provided herein,any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party. 27.SIGNING OF THIS CONTRACT Both parties agree that this contract may be signed and dated electronically.This agreement is understood to be sent back automatically after it is electronically signed by the Client. CLICK HERE TO READ CLIENT’S RIGHTS CLICK HERE TO READ ALL SUPPLEMENTARY CLAUSES READ APPENDIX “A”and “B” Created in Master PDF EditorAgreed On:_______________ Order #:__________________ Do not sign this home improvement contract in blank. You are entitled to a copy of the contract at the time you sign.Keep it to protect your legal rights. This home improvement contract may contain a mortgage or otherwise create a lien on your property that could be foreclosed on if you do not pay.Be sure you understand all provisions of the contract before you sign. If this agreement originated from a commercial telephone solicitation,you are not obligated to pay any money unless you sign this contract and return it to the commercial telephone seller. Signature: ERGEON INC. DATED AND ELECTRONICALLY SIGNED BY CLIENT.VERIFIED BY CREDIT CARD NUMBER Created in Master PDF EditorCLIENT’S RIGHTS 1.PROGRESS PAYMENTS The Schedule of progress payments must specifically describe each phase of work,including the type and amount of work or services scheduled to be supplied in each phase,along with the amount of each proposed progress payment.It is against the law for a contractor to collect payment for work not yet completed,or for materials not yet delivered.However,a contractor may require a down payment. 2.NOTE ABOUT EXTRA WORK AND CHANGE ORDERS Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order.The order must describe the scope of the extra work or change,the cost to be added or subtracted from the contract,and the effect the order will have on the schedule of progress payments. Change Orders generally result from the discovery of unforeseen physical and hazardous conditions at the property,if these are detected Contractor will not start or will immediately discontinue installation. Any change order must be approved by the Client,if a change order is presented but not approved Client may decline change order request in which case Client can terminate agreement and pay for all work performed and materials used/delivered up to the time of declining change order.No Cancellation fee will be Created in Master PDF Editorapplied but restocking fees may apply if the materials have already been purchased.Change Orders can also arise from requests or additions made by the Client after contract signature,this includes material substitutions,scope changes. 3.MECHANICS LIEN WARNING Anyone who helps improve your property,but who is not paid,may record what is called a mechanics’lien on your property.A mechanics’lien is a claim,like a mortgage or home equity loan,made against your property and recorded with the county recorder. Even if you pay your contractor in full,unpaid subcontractors,suppliers,and laborers who helped to improve your property may record mechanics’liens and sue you in court to foreclose the lien.If a court finds the lien is valid,you could be forced to pay twice or have a court officer sell your home to pay the lien.Liens can also affect your credit.The Contractor has a deadline of 90 days after completing the project to file a lien without the need for a preliminary notice 4.FLORIDA HOMEOWNERS’CONSTRUCTION RECOVERY FUND PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY IN A PROJECT PERFORMED UNDER CONTRACT,WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR.FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM,CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:2601 Blair Stone Road,Tallahassee,FL 32399-0791,(850)487-1395 5.“THREE-DAY”RIGHT TO CANCEL You,the Client,have the right to cancel this contract within three business days.You may cancel by e-mailing,mailing,faxing,or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice.Include your name,your address,and the date you received the signed copy of the contract and this notice. If you cancel,the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation.For your part,you must make available to the contractor at your residence,in substantially as good condition as you received it,any goods delivered to you under this contract or sale.Or,you may,if you wish,comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk.If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation,you may keep them without any further obligation.If you fail to make the goods available to the contractor,or if you agree to return the goods to the contractor and fail to do so,then you remain liable for performance of all obligations under the contract. SUPPLEMENTARY CLAUSES Created in Master PDF Editor1.EXTEMPORARY CANCELLATION If this contract is canceled by the Client later than 7 days from contract execution,$150 will be paid by Client, not as penalty,and the Contractor agrees to accept such a reasonable and just compensation for said cancellation. When a material from our standard offering (such as pressure treated posts or redwood boards in regular sizes)has to be restocked because of cancellation or changes requested by the Client there will be a restocking fee equal to fifteen percent (15%)of the material price. For other materials other than wood such as Chain Link,Iron or Vinyl for example Contractor will return merchandise with a restocking fee of up to 35%of material price. In the event that the project canceled includes custom or fabricated materials for example steel frames, special wood type,special measurements that have been cut or any orders that has been sourced but is non-refundable to the Contractor,Client will be responsible for the entire material price. 2.WARRANTIES;WARRANTY DISCLAIMER Except for the warranties expressly set forth in appendix “A”,Contractor and its licensors and suppliers make no express or implied warranties or representations with respect to the subject matter of this agreement (including,without limitation,anything provided hereunder)and hereby disclaim all warranties of any kind,including,without limitation,all implied warranties of merchantability,fitness for a particular purpose and non-infringement. 3.INDEPENDENT CONTRACTOR CAPACITY Both Parties expressly agree that the present Agreement is exclusively a contract for services.Therefore,the Contractor is acting as an independent contractor and not as an employee;neither it creates a partnership of joint venture between them.The Client is not required to pay any form of employee benefit for the Contractor during the Term.The Contractor is responsible for paying,and complying with reporting requirements for,all local,state and federal taxes related to payments made to the Contractor under this Agreement. 4.NOTICE All notices or other acts of communication required or permitted by these Terms,will be given in writing and delivered to the Parties at the addresses expressed on the approved quote;or to any other address that each Party may from time to time notify to the other,and will be deemed to be properly delivered (a) immediately upon being served personally,(b)two days after being deposited with the postal service if served by registered mail,or (c)the following day after being deposited with an overnight courier. 5.INDEMNIFICATION Each party (as the “indemnifying party”)does hereby agree to indemnify,defend and hold the other party, and its affiliates,and their stockholders,officers,and employees (as the “indemnified parties”)harmless of, from and against the full amount of any and all loss,cost,expense or liability of any nature whatsoever caused by or attributable the direct or indirect breach or negligent performance or failure or delay in performance of this agreement. Created in Master PDF Editor6.LIMITATION OF LIABILITY Notwithstanding anything in this agreement to the contrary,neither party shall be liable to the other party for special,indirect,consequential,punitive or exemplary damages suffered by such party resulting from or arising out of this agreement or the breach thereof or under any other theory of liability,whether tort, negligence,strict liability,breach of contract,warranty,indemnity or otherwise,including loss of use, increased cost of operations,loss of profit or revenue,or business interruptions;provided,however,that the foregoing limitation shall not apply to any damage claim asserted by or awarded to a an unaffiliated third party for which a party would otherwise be liable under any indemnification provision set forth herein. 7.SUBCONTRACTING The Client may transfer,delegate or assign this Agreement or its rights or obligations in any way with mutual consent from both Parties.The Contractor can Subcontract any services as long as these are necessary to execute the work agreed by the Parties. 8.TERMINATION OF CONTRACT Upon seven (7)days'written notice to Client,Contractor may terminate this contract if the work has been stopped for a thirty (30)day period through no fault of Contractor for any of the following reasons: a)Under court order or order of other government authorities having jurisdiction b)As a result of the declaration of a national emergency,state of siege,war,Public Calamity,pandemic, change in legislation,other government acts and any other similar situations that may impact or limit partially or completely the Contractor’s capacity to source material and labor for the project. Additionally,the Contractor may terminate the contract immediately upon (7)days written notice to Client,at no fault of Contractor if: a)Client fails to pay Contractor in accordance to this contract and the Contractor has provided Client with notice of Client’s default.Client otherwise materially breaches this contract. b)Changes in the scope of work or specification that fall outside of the Contractor's reasonable capabilities or skill to perform c)Inability to agree to a change in the scope of work or pricing that results in the impossibility to finalize the construction with the original specifications or scope. d)Impossibility from the Contractor to fulfill the Client’s expectations or requests that fall beyond reasonable conditions,features,material options,colors,or particular ways to perform the contracted work. e)Upon Client’s unacceptance of the Contractor’s standard building techniques and methods 9.SPECIAL CONDITION FOR TERMINATION Contractor can terminate this agreement without any responsibility if during the execution of the contracted work,unforeseen and unknown situations were discovered that entail a level of complexity and require a higher or different level of expertise,beyond the Contractor’s reasonable capabilities. Created in Master PDF EditorAppendix A Ergeon Limited Warranty Craftsmanship Warranty Contractor guarantees that all newly installed fences will be free of workmanship defects. For this,Contractor will provide a 1 year Craftsmanship warranty on all fences and gates,which will be counted from the date of installation. Materials Warranty Contractor guarantees that all newly installed fences will be free of material defects.The duration of the Material Warranty will depend on the type of product installed.Services like repairs and staining are not covered by any warranties. Wood fences: Created in Master PDF EditorFence materials will change appearance,dimension and shape due to the process of aging and exposure to the elements.Wood fence materials are subject to color changing,splitting,bowing,twisting, warping,shrinkage,swelling or any other physical property of the wood including but not limited to knots drying out,ends splitting or shrinking therefore creating small gaps in between fence parts.Color variances in wood are normal even within the same board. ●Pickets,Rails,Trims,Kick boards,Lattices:Are not covered under any material warranty. ●Wooden or Steel Posts:7 year coverage from the date of installation. Chain Link fences:Are covered with a material warranty for a period of 5 years from the date of installation. Besides any applicable warranty limitations expressed above,the following will be applicable: ●Damage to mesh from rupture or breakage due to excessive force,direct impact,cutting tools or weapons,vandalism and neglect. ●Misuse of corrosive substances that can effectively damage the fence ●Deterioration because of harsh industrial,coastal or marine environments is not warranted. ●This warranty does not cover rusting ●Fences with T-posts are not warranted. Gate Warranty:Gates will be adjusted at no extra charge for a period of ninety (90)days after the install date, provided that there are no signs of abuse or misuse in the gates. All gate hardware and automatic operators will have a 30 day warranty besides any applicable manufacturer’s warranty. Gate operators and all access control devices may have a manufacturer’s warranty different from the warranty described herein,and the Contractor has no responsibility for any such manufacturer’s warranty. Information for these products will be supplied on an “as-requested”basis.In the event that a part is covered under warranty from the manufacturer,the Client will be responsible for labor charges to Ergeon Inc.to replace said part after 90 days.If the part is not under warranty by the manufacturer,then the Client will be responsible to Ergeon Inc.for the cost of the part and labor charges to replace said part.If Ergeon is notified of the defect of a non covered component during the 90 day warranty period,the Client will be responsible for the cost of the part only.Failure to request warranty information at the time of contract does not absolve the Client from the responsibility for any charges associated with replacement parts and/or labor. Material warranties for all products are for materials solely.Labor required to replace or repair is not included. Material warranties do not cover any damage resulting from the impact of foreign objects or animals,an accident,unreasonable use,neglect,alteration,service by an unauthorized third party,acts of God, circumstances beyond Ergeon’s control or another cause not arising out of defects in materials or workmanship.Damages caused by windstorms,tornado,hurricane,lightning,hail,rain,or any other weather event.Use of accessories or other components which are incompatible with the Products;Movement, distortion,settling or collapse of the ground or structure on which the Products are installed.Failure to provide reasonable and necessary maintenance. Vinyl Fences:Ergeon uses Barrette Outdoor Living as its trusted vinyl fence product provider.Barrette Outdoor Living will provide You,the Client with a Limited Lifetime Warranty on the fence products acquired Created in Master PDF Editorthrough Ergeon.In order to make a claim for any Barrette Outdoor Living products,please contact Barrette by phone at 1-800-336-2383 or by email at outdoorliving@barretteoutdoorliving.com Barrette Limited Lifetime Warranty Who is covered: ●The limited lifetime warranty covers single-family residential properties only.This limited warranty extends to the original purchaser and one (1)individual transferee as specified herein. ●A thirty (30)year limited warranty covers any other type of building or property including those owned by corporations,governmental agencies,partnerships,trusts,religious organizations,schools, condominiums,homeowner associations,cooperative housing arrangements and apartment buildings.The warranty period will be thirty (30)years following the original date of Product purchase. What is covered:Barrette Outdoor Living warrants that its vinyl fencing products (“Product”)will be free from defects in material and workmanship for the warranty period.This limited warranty is valid beginning on the date of Product purchase. Barrette Outdoor Living warrants the Product against peeling,flaking,rotting,chipping,cracking,blistering,or abnormal discoloration/fading*under normal atmosphere and weather conditions. *After prolonged exposure to outdoor environments,all products will experience some gradual fading over time and is considered normal (up to a standard variation determined by Delta E color measurement,not to exceed Delta 5).Degrees of fading vary depending on geographical location,air pollution,exposure and other factors. What this warranty does not cover:This limited warranty will not cover a change in color due to a buildup of accumulation of stains,dirt,mold,mildew or any other deficiency caused by lack of any maintenance by the owner. This limited warranty does not cover damage resulting from:misuse,abuse,improper storage or handling, improper installation,other vinyl products and accessories not manufactured by Barrette Outdoor Living,or manufactured for specific use in vinyl fence applications;damage caused by events beyond human control including but not limited to damage caused by animals or natural events;impact of foreign objects,fire, earthquake,flood,lightning,hail,hurricane,tornado or other casualty or act of God;movements,distortion, collapse or settling of ground or structure on which the fence is installed;distortion or melting due to external heat sources;fence that has been painted,varnished,or coated over manufacturer's finish.This limited warranty does not cover costs of removal or disposal of product,or reinstallation of replacement product. What Barrette Outdoor Living does to remedy the problem:Should your Barrette Outdoor Living product prove defective under warranty,visit the website or call the phone number listed below.Barrette Outdoor Living requires written notice or phone call within thirty (30)days of discovering the defect and you must show original proof of purchase receipt.You will be required to provide Barrette Outdoor Living pictures and/or samples of the defective Product.If it is determined by Barrette Outdoor Living,in its sole discretion, Created in Master PDF Editorthe Product has a manufacturer defect in material or workmanship,Barrette Outdoor Living will replace it with new or equivalent products;labor is not included in warranty.If the Product is discontinued,Barrette Outdoor Living will repair or replace the Product with a product in comparable quality or price range. Barrette Outdoor Living reserves the right to discontinue or modify any of its products,including the color of its products without notice to the purchaser. Barrette Outdoor Living does not warrant that any replacement material will match or be identical to the original Product as replacement products may vary in color or gloss in comparison to the original Product as a result of normal weathering. Transferee coverage:Limited lifetime warranty coverage will be extended to one (1)transferee with the following limitations:the one (1)transfer shall only be from residential homeowner (original Product purchaser)to a second homeowner.After a transfer,the warranty is valid thirty (30)years from the date of the original purchase.The thirty (30)year limited warranty for commercial installations cannot be transferred. Registration:To activate this warranty,fill out the product registration form on the website listed below,or mail a completed registration card to Barrette Outdoor Living.Registration of Product must be within thirty (30) days from date of Product purchase for warranty to be valid.Except as expressly set forth in this warranty, Barrette Outdoor Living HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATION,WARRANTY, PROMISE,GUARANTEE OR OTHER ASSURANCE OF ANY KIND,EXPRESS OR IMPLIED,ORAL OR WRITTEN,STATUTORY OR OTHERWISE,RELATING TO THE PRODUCT.STATE LAW WILL DETERMINE THE PERIOD OF TIME FOLLOWING THE SALE THAT YOU MAY SEEK A REMEDY UNDER THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.NO DISTRIBUTOR,DEALER OR OTHER PERSON IS AUTHORIZED BY BARRETTE OUTDOOR LIVING TO CHANGE THIS WARRANTY OR TO MAKE ANY ADDITIONAL REPRESENTATION,WARRANTY, PROMISE,GUARANTEE OR OTHER ASSURANCE ON BEHALF OF BARRETTE OUTDOOR LIVING RELATING TO THE PRODUCT.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY STATE TO STATE. LIMITATION OF LIABILITY:THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND BARRETTE OUTDOOR LIVING’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.BARRETTE OUTDOOR LIVING’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL BARRETTE OUTDOOR LIVING BE LIABLE FOR ANY CONSEQUENTIAL,INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES,WHETHER DIRECT OR INDIRECT.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.THIS WARRANTY IS VALID ONLY IN THE UNITED STATES AND CANADA. Aluminum Fences:Ergeon uses Barrette Outdoor Living as its trusted vinyl fence product provider.Barrette Outdoor Living will provide You,the Client with a Limited Lifetime Warranty on the fence products acquired through Ergeon.In order to make a claim for any Barrette Outdoor Living products,please contact Barrette by phone at 1-800-336-2383 or by email at outdoorliving@barretteoutdoorliving.com Created in Master PDF EditorWho is covered: ●The limited lifetime warranty covers single-family residential properties only.This limited warranty extends to the original purchaser and one (1)individual transferee as specified herein. ●A thirty (30)year limited warranty covers any other type of building or property including those owned by corporations,governmental agencies,partnerships,trusts,religious organizations,schools, condominiums,homeowner associations,cooperative housing arrangements and apartment buildings. The warranty period will be thirty (30)years following the original date of Product purchase. What is covered:Barrette Outdoor Living warrants that its aluminum fencing products (“Product”)will be free from defects in material and workmanship for the warranty period.This limited warranty is valid beginning on the date of Product purchase. Barrette Outdoor Living warrants the Product against peeling,flaking,rotting,chipping,cracking,blistering, splintering,corrosion and rusting;or abnormal discoloration/fading*under normal atmosphere and weather conditions. *After prolonged exposure to outdoor environments,all products will experience some gradual fading over time and is considered normal (up to a standard variation determined by Delta E color measurement,not to exceed Delta 5).Degrees of fading vary depending on geographical location,air pollution,exposure and other factors. What this warranty does not cover:This limited warranty does not cover damage resulting from:misuse, abuse,improper storage or handling,improper installation,other aluminum products and accessories that are not manufactured by Barrette Outdoor Living,or manufactured for specific use in aluminum fence applications;damage caused by events beyond human control including but not limited to damage caused by animals or natural events;impact of foreign objects,fire,earthquake,flood,lightning,hail,hurricane,tornado or other casualty or act of God;movements,distortion,collapse or settling of ground or structure on which the fence is installed.This limited warranty does not cover costs of removal or disposal of product,or reinstallation of replacement product. What Barrette Outdoor Living does to remedy the problem:Should your Barrette Outdoor Living product prove defective under warranty,visit the website or call the phone number listed below.Barrette Outdoor Living requires written notice or phone call within thirty (30)days of discovering the defect and you must show original proof of purchase receipt.You will be required to provide to Barrette Outdoor Living pictures and/or samples of the defective Product.If it is determined by Barrette Outdoor Living,in its sole discretion, the Product has a manufacturer defect,Barrette Outdoor Living will replace with new or equivalent products; labor is not included in warranty.If the Product is discontinued,Barrette Outdoor Living will replace the Product with a product in comparable quality or price range. Barrette Outdoor Living reserves the right to discontinue or modify any of its products,including the color of its products without notice to the purchaser.Barrette Outdoor Living does not warrant that any replacement material will match or be identical to the original Product as replacement products may vary in color or gloss in comparison to the original Product as a result of normal weathering. Created in Master PDF EditorTransferee coverage:Limited lifetime warranty coverage will be extended to one (1)transferee with the following limitations:the one (1)transfer shall only be from residential homeowner (original Product purchaser)to a second homeowner.After a transfer,the warranty is valid thirty (30)years from the date of the original purchase.The thirty (30)year limited warranty for commercial installations cannot be transferred. Registration:To activate this warranty,fill out the product registration form on the website listed below,or mail a completed registration card to Barrette Outdoor Living.Registration of Product must be within thirty (30) days from date of Product purchase for warranty to be valid. Except as expressly set forth in this warranty,Barrette Outdoor Living HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATION,WARRANTY,PROMISE,GUARANTEE OR OTHER ASSURANCE OF ANY KIND,EXPRESS OR IMPLIED,ORAL OR WRITTEN,STATUTORY OR OTHERWISE,RELATING TO THE PRODUCT.STATE LAW WILL DETERMINE THE PERIOD OF TIME FOLLOWING THE SALE THAT YOU MAY SEEK A REMEDY UNDER THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO DISTRIBUTOR,DEALER OR OTHER PERSON IS AUTHORIZED BY BARRETTE OUTDOOR LIVING TO CHANGE THIS WARRANTY OR TO MAKE ANY ADDITIONAL REPRESENTATION,WARRANTY, PROMISE,GUARANTEE OR OTHER ASSURANCE ON BEHALF OF BARRETTE OUTDOOR LIVING RELATING TO THE PRODUCT.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY STATE TO STATE. LIMITATION OF LIABILITY:THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND BARRETTE OUTDOOR LIVING’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.BARRETTE OUTDOOR LIVING’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL BARRETTE OUTDOOR LIVING BE LIABLE FOR ANY CONSEQUENTIAL,INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES,WHETHER DIRECT OR INDIRECT.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.THIS WARRANTY IS VALID ONLY IN THE UNITED STATES AND CANADA Applicable State Law This warranty document is congruent with and governed by the laws applicable to the physical location of the project. Warranty Claim Procedure Warranty requests must be received by Ergeon Inc.in writing,via email to support@ergeon.com Requests must include: a)Name of the Client and contact information, b)Address of installation, c)Order number,description of issue requested to be addressed under warranty and supporting proof of claim such as pictures and videos. Created in Master PDF EditorIf the defect or failure corresponds to the limited warranty provided herein,the Client must within 15 days of discovery of the issue notify the Contractor through the above-mentioned process.Ergeon may request additional information.Ergeon will then have a reasonable time to inspect and perform analysis of the claimed defect.Ergeon shall be the sole judge of whether the product is defective and whether the defect is due to manufacturing. If Ergeon determines that the claim is within the terms of this Limited Warranty,then Ergeon will,at its option, provide replacement Products or provide a purchase price refund for the Product under the terms and limitations described herein.In the event of repair or replacement,the original warranty shall apply to the repaired or replaced portion of the Products,and will extend for the balance of the warranty period in effect at the time the material proved defective. Unless otherwise prohibited by or in conflict with applicable law,the foregoing sets forth the Client’s sole and exclusive remedy (and the Contractor’s sole liability)for failures to conform with the limited warranty herein. GLOSSARY OF TERMS 1.Fence -Linear,vertical construction on a private property or between neighboring properties, designed for prevention of movement across the fence line and/or for visual privacy. 2.Redwood -Type of wood commonly used in fence construction,made from Californian Redwood trees. 3.Cedar -Type of wood commonly used in fence construction,made from Cedar trees. 4.Pickets -Wood planks installed both vertically or horizontally between posts,in order to prevent movement and block visual and physical access to the property. 5.Rails -secondary fence construction element perpendicular to pickets connecting them together. 6.Kickboard -Construction element made of Pressure Treated Lumber designed to be in direct contact with the ground.Provides protection to the upper elements of the fence. 7.Posts -a vertical element partly in the ground,and partly above ground serving as the primary fence construction element used to connect the rest of the construction to the ground and stabilize the entire construction. 8.Pressure Treated (PT)Lumber -Wood that has been infused with chemical preservatives to protect the wood from rot and insects.The wood is placed in a depressurized holding tank that removes the air and replaces it with a preservative. 9.Installation -Construction of fences,gates,and other items with all the necessary works included. Created in Master PDF EditorAPPENDIX B ARBITRATION AGREEMENT -The Client acknowledges that it has read the following ARBITRATION AGREEMENT carefully,as it requires the Client to arbitrate certain disputes and claims with the Contractor and limits the manner in which the Client can seek relief from the Contractor.Both the Client and the Contractor acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of this Agreement,the Contractor’s officers,directors,employees and independent contractors (“Personnel”)are third-party beneficiaries of this Agreement,and that upon your acceptance of this Agreement,Personnel will have the right (and will be deemed to have accepted the right)to enforce this Agreement against you as the third-party beneficiary hereof. (a)Arbitration Rules;Applicability of Arbitration Agreement.All disputes arising out of or related to the Agreement shall be finally settled by binding arbitration in Washington D.C.,USA.The arbitration will proceed in the English language,in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”)then in effect,by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules.Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. (b)Costs of Arbitration.The Rules will govern payment of all arbitration fees.The Contractor will pay all arbitration fees for claims less than seventy-five thousand ($75,000)dollars.The Contractor will not seek its attorneys’fees and costs in arbitration unless the arbitrator determines that the Client’s claim is frivolous. (c)Small Claims Court;Infringement.Either the Client or the Contractor may assert claims,if they qualify,in small claims court in Washington D.C.or any United States county where the Client lives or works. Furthermore,notwithstanding the foregoing obligation to arbitrate disputes,each Party shall have the right to pursue injunctive or other equitable relief at any time,from any court of competent jurisdiction,to prevent the actual or threatened infringement,misappropriation or violation of a Party's copyrights,trademarks,trade secrets,patents or other intellectual property rights. Created in Master PDF Editor(d)Waiver of Jury Trial.THE CLIENT AND THE CONTRACTOR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.The Client and the Contractor are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited,more efficient,and less costly than rules applicable in court and are subject to very limited review by a court.In any litigation between the Client and the Contractor whether to vacate or enforce an arbitration award,THE CLIENT AND THE CONTRACTOR WAIVE ALL RIGHTS TO A JURY TRIAL,and elect instead to have the dispute be resolved by a judge. (e)Waiver of Class or Consolidated Actions.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.CLAIMS OF MORE THAN ONE CLIENT OR CUSTOMER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT OR CUSTOMER.If however,this waiver of class or consolidated actions is deemed invalid or unenforceable, neither the Client nor the Contractor is entitled to arbitration;instead all claims and disputes will be resolved in a court as set forth in (g)below. (f)Opt-out.The Client has the right to opt out of the provisions of this Section by sending written notice of its decision to opt out to the following email address:support@ergeon.com within thirty (30)days of first accepting this Agreement.The Client must include (i)its name and residence address,(ii)the email address and/or telephone number associated with its order,and (iii)a clear statement that it wants to opt out of this Agreement’s arbitration agreement. (g)Exclusive Venue.If the Client sends the opt-out notice in (f),and/or in any circumstances where the foregoing arbitration agreement permits either the Client or the Contractor to litigate any dispute arising out of or relating to the subject matter of this Agreement in court,then the foregoing arbitration agreement will not apply to either party,and both the Client and the Contractor agree that any judicial proceeding (other than small claims actions)will be brought in the state or federal courts located in,respectively,Washington D.C., or the federal district in which that county falls. (h)Severability.If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable,then all of the preceding language in this Arbitration Agreement section will be null and void.This arbitration agreement will survive the termination of the Agreement. s=Lpr,,, OWNER BUILDER AFFIDAVIT 4 City of Atlantic Beach Building Department JOB ADDRESS: 800 Seminole Road, Atlantic Beach, FL 32233 1-e. )( f a(4 tut 9'' Phone: (904) 247-5826 Email: Building-Dept@coab.us O OWNERS MUST PERSONALLY APPEAR AT THE BUILDING DEPARTMENT TO SIGN THIS DOCUMENT** I. FLORIDA STATUTES; CHAPTER 489, FLORIDA STATUTES, PART 1 "CONSTRUCTION CONTRACTING" REQUIRES OWNER/ BUILDER TO ACKNOWLEDGE THE LAW: To qualify for exemption under this subsection, an owner must personally appear and sign the building permit application and must satisfy local permitting agency requirements, if any, proving that the owner has a complete understanding of the owner's obligations under the law as specified in the disclosure statement in this section. However, for purposes of implementing a "United States Department of Energy SunShot Initiative: Rooftop Solar Challenge"grant and the participation of county and municipal governments, including local permitting agencies under the jurisdiction of such county and municipal governments, an owner's notarized signature or personal appearance to sign the permit application is not required for a solar project, as described in subparagraph (a)3., if the building permit application is submitted electronically to the permitting agency and the owner certifies the application and disclosure statement using the permitting agency's electronic confirmation system. If any person violates the requirements of this subsection, the local permitting agency shall withhold final approval, revoke the permit, or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued.The local permitting agency shall provide the person with a disclosure statement in substantially the following form: DISCLOSURE STATEMENT- Please initial Items 1 - 13 1. I understand that state law requires construction to be done by a licensed contractor and have applied for an owner-4I 111 under an exemption from the law.The exemption specifies that I,as the owner of the property listed, may act as my own contractor with certain restrictions even though I do not have a license. 2. I understand that building permits are not required to be signed by a property owner unless he or she is responsible for the onstruction and is not hiring a licensed contractor to assume responsibility. 7 -- 3. I understand that, as an owner-builder, I am the responsible party of record on a permit. I understand that I may protect m If from potential financial risk by hiring a licensed contractor and having the permit filed in his or her name instead of my own name. I also understand that a contractor is required by law to be licensed in Florida and to list his or her license numbers n permits and contracts. 4. at understand that I may build or improve a one-family or two-family residence or a farm outbuilding. I may also build or im ,.ve a commercial building if the costs do not exceed $75,000. The building or residence must be for my own use or occupancy. It may not be built or substantially improved for sale or lease, unless I am completing the requirements of a building permit where the contractor listed on the permit substantially completed the project. If a building or residence that I have built or substantially improved myself is sold or leased within 1 year after the construction is complete, the law will presume that I built or substantially improved it for sale or lease,which violates the exemption. 5. I understand that,as the owner-builder, I must provide direct,onsite supervision of the construction. 6. I understand that I may not hire an unlicensed person to act as my contractor or to supervise persons working on my ding or residence. It is my responsibility to ensure that the persons whom I employ have the licenses required by law and by county or municipal ordinance. 7. understand that it is a frequent practice of unlicensed persons to have the property owner obtain an owner-builder pe it that erroneously implies that the property owner is providing his or her own labor and materials. I, as an owner-builder, ma be held liable and subjected to serious financial risk for any injuries sustained by an unlicensed person or his or her employees while working on my property. My homeowner's insurance may not provide coverage for those injuries. I am willfully acting as an owner-builder and am aware of the limits of my insurance coverage for injuries to workers on my property. 8. I understand that I may not delegate the responsibility for supervising work to a licensed contractor who is not licensed to p orm the work being done. Any person working on my building who is not licensed must work under my direct supervision and must be employed by me, which means that I must comply with laws requiring the withholding of federal income tax and social security contributions under the Federal Insurance Contributions Act (FICA) and must provide workers' compensation for the employee. I understand that my failure to follow these laws may subject me to serious financial risk. 9. I agree that, as the party legally and financially responsible for this proposed construction activity, I will abide by all ap cable laws and requirements that govern owner-builders as well as employers. I also understand that the construction must comply with all applicable laws, ordinances, building codes, and zoning regulations. 10. I understand that I may obtain more information regarding my obligations as an employer from the Internal Revenue Se ice, the United States Small Business Administration, the Florida Department of Financial Services, and the Florida Department of Revenue. I also understand that I may contact the Florida Construction Industry Licensing Board at (850) 487-1395 or the DBPR for more information about licensed contractors. 11. I am aware of, and consent to, an owner-builder building permit applied for in my name and understand that I am the pa y legally and financially responsible for the proposed construction activity at job address listed on this document. 12. agree to notify the Atlantic Beach Building Department immediately of any additions, deletions, or changes to any of the4-1 mation that I have provided on this disclosure. 13. icensed contractors are regulated by laws designed to protect the public. If you contract with a person who does not h a license, the Construction Industry Licensing Board and Department of Business and Professional Regulation may be una le to assist you with any financial loss that you sustain as a result of a complaint. Your only remedy against an unlicensed contractor may be in civil court. It is also important for you to understand that, if an unlicensed contractor or employee of an individual or firm is injured while working on your property,you may be held liable for damages. If you obtain an owner-builder permit and wish to hire a licensed contractor, you will be responsible for verifying whether the contractor is properly licensed and the status of the contractor's workers' compensation coverage. Before a building permit can be issued, this disclosure statement must be completed and signed by the property owner and returned to the local permitting agency responsible for issuing the permit. A copy of the property owner's driver license, the notarized signature of the property owner, or other type of verification acceptable to the local permitting agency is required when the permit is issued. II. INJURY LIABILITY; SINCE OWNERS MAY BE LIABLE FOR INJURIES TO WORKERS THEY HIRE, THE BUILDING DEPARTMENT SUGGESTS WORKER'S COMPENSATION INSURANCE BE PURCHASED. III. IRS WITHHOLDING; OWNERS HIRING WORKERS BECOME EMPLOYERS AND SHOULD ALSO OBSERVE IRS WITHHOLDING TAX AND/OR FORM 1099 REQUIREMENTS ON THE WORKERS THEY EMPLOY ON THEIR IMPROVEMENT TRADES. IV. PENALTY; UNLICENSED CONTRACTORS CANNOT BE EMPLOYED UNDER ANY CIRCUMSTANCES. OWNERS BEING SUBJECT TO 5,000 PENALTY UNDER FLORIDA STATUTE NO. 455-228(1). AN "OCCUPATIONAL LICENSE" IS NOT ADEQUATE. THE OWNER SHOULD PHYSICALLY SEE THE COUNTY "CERTIFICATE OF COMPETENCY" OR THE FLORIDA "CONTRACTORS CERTIFICATE" TO ASCERTAIN IF A PERSON IS A LICENSED CONTRACTOR. CONTACT THE BUILDING DEPARTMENT (904- 247-5826 OR BUILDING- DEPTt COAB.US ) IF IN DOUBT. V. ACKNOWLEDGEMENT; I HEREBY ACKNOWLEDGE THAT I HAVE READ THE ABOVE DISCLOSURE STATEMENT AND THAT I COMPLY WITH ALL THE REQUIREMENTS FOR THE ISSUANCE OF AN OWNER-BUILDER PERMIT. Job Address:WOO (r%49- Q t / RE# Owner Name: f---(ott,-1 vt a k 6(VLs-en Lv,n Phone Number: 621 L-220-3 1 3c/ Mailing Address: 1SO t f2. 6( City: 6"A State: f'ti Zip: 3 Z 23 S13YP t /P• • =:_ TONI GINDLESPERGER Signature of Owner or A t)N ''= MY COMMISSION#HH 407122 TOFF;?,:- EXPIRES:October 6,2027 Si d and wkt n to(or affirm-: before me this y of Signature of Notary L NI GINr LESPERGER i-rt#HH 40712 Personally Known OR [ ] Produced Iden :tion 5:Ociober 6,2027 Type of Identification: