I. The Parties. This Service Contract (“Agreement”) Effective Date Time of Signature. Agreement commences upon signature from Client indicated herein.

Service Provider: Lake Norman Perimeters Inc. DBA 76 FENCE North Charlotte, with an address of 20850 Catawba Ave., Cornelius NC 28269 (“Service Provider”).

AND

Client/customer: the person or persons indicated in the signed quote with a corresponding signature of an authorized representative. Client/customer can also refer to a business or legal entity.

Service Provider and Client are each referred to herein as a “Party” and, collectively, as the "Parties."

Quote: the formatted source that indicates products and/or services with associated costs. Quotes are generated online and available as a downloadable pdf file sent via email and/or text messaging.

NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client hires the Service Provider to work under the terms and conditions hereby agreed upon by the Parties:

II. Term. The term of this Agreement shall commence on signature date and terminate upon completion of services rendered which is determined wholly by Service Provider.

III. The Service. The Service Provider agrees to provide the services indicated in the signed quote.

IV. Payment Amount. The Client agrees to pay the Service Provider the full amount indicated in the signed quote which is the compensation for the Service performed under this Agreement.

V. Payment Method. The Client shall pay the Payment Amount when invoiced. The Payment Amount and Payment Method collectively shall be referred to as “Compensation”.

VI. Retainer. The retainer amount is the 50% deposit amount agreed to and paid by the Client via the quote. The Retainer is also referred to as the deposit and is non-refundable.

VII. Payment. Final payment is due the same day of project completion unless other payment arrangements and/or terms are agreed to in writing by the Service Provider. Project completion is determined solely by the Service Provider. Client shall be automatically charged to the form of payment provided on the payment form. By signing the quote, customer agrees to the terms and conditions specified in this agreement. Client agrees to automatically be billed for services determined to be complete by the Service Provider. Payment transactions will come through as Lake Norman Perimeters Inc, 76 Fence, 76 Fence of North Charlotte, or 76 Fence of Concord. If final payments are disputed or reversed, Client is responsible for all fees and completing the final payment within 3 days. If payment is not made within 3 days, further action will be taken including late fees and added interest. Interest and/or late fees are at the discretion of the Service Provider and will be added to the total balance. Service provider may require an alternate form of payment be provided in these instances such as Cash, Cashier’s Check, Zelle, or Venmo to avoid another disputed or reversed payment. All initial deposits, retainer amounts, and final payments are non-refundable.

Payment Terms

• Quotes are only valid for 3 days due to market volatility.
• If paying by check, checks must be made out to 76 FENCE North Charlotte
• There is a 2.9% fee for credit/debit transactions and will automatically be applied to all payments.
• Full payment is required up front for projects costing $3,500 or less
• Service Provider reserves the right to impose a job minimum amount on any quotes.

VIII. Inspections. Payment to the Service Provider is not dependent on city, village, or county inspections. Payment is made when the project is complete, which is solely determined by the Service Provider. If there is a delay in inspections from the governing authority, there will be no delay in payment to the Service Provider. By signing the quote from the Service Provider, the Client agrees to pay the remaining balance immediately upon completion of the project, determined by the Service Provider. Any inspections from municipalities are completely separate and unrelated to payment or timeliness of payment to the Service Provider.

IX. Escalation Clause. If, during the performance of this contract, the price of materials significantly increases, through no fault of Service Provider, the price of shall be equitably adjusted by an amount reasonably necessary to cover any such significant price increase. Such increase shall be documented through quotes or invoices.

X. Private Line Disclosure. Private utility lines, including, but not limited to underground wiring and irrigation systems i.e. sprinkler systems, will be marked or exposed by Owner/Client. Service Provider is not responsible for any damage to unmarked private utilities. If private utilities are not marked at all or are inaccurately marked and damage does occur and that damage is recognized at the time work is underway, the damage will be flagged and left exposed if practical and safe to do so, so that repairs can be made in an efficient manner. Damage will be reported to the Owner/Client and the Owner/Client is responsible for making repairs and all costs associated with them.

XI. Time is of the Essence. Service Provider acknowledges that time is of the essence in regard to the performance of all Services.

XII. Confidentiality. Service Provider acknowledges and agrees that all financial and accounting records, lists of property owned by Client, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client’s business is confidential (“Confidential Information”). Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, Service Provider shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit of the Service Provider or any other person, except with the prior written consent of the Client.

• a.) No Release. Service Provider agrees that the termination of this Agreement shall not release him/her/they from the obligations in this Section.

XIII. Independent Contractor Status.

• a.) Service Provider acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Service Provider shall have no authority to bind or obligate the Client in any manner, nor shall the Service Provider represent to anyone that it has a right to do so.
• b.) Client understands that the Service Provider may use independent subcontractors to perform services under this agreement.

XIV. Warranty and Service Coverage.

• a.) Customer agrees that if no additional service warranty is purchased, that there is no warranty on service labor expressed or implied. Only manufacturer warranty applies to all installation materials, if applicable, and labor is not included. There is no warranty on wood products due to warping, discoloration, cracking etc. These are all normal and can naturally occur with wood products. Service Provider has no obligation to repair or replace warped, cracked, discolored or otherwise imperfect materials. An additional extended warranty can be purchased at 20% of the original purchase price, please see our website for more details.
• b.) Service Provider not responsible for ground quality, sloping, and/or landscaping repairs such as adding top soil, leveling varying grades in yard, and/or filling gaps in fence due to slopes and uneven ground, and damage caused by using heavy machinery on the property. Service provider is not responsible for water buildup or drainage issues on the Client’s property or adjacent property runoff. Water accumulation can cause damage to fence materials, so the Service Provider is in no way responsible for such damage that may occur from such property conditions.
• c.) The Service Provider is not responsible for manufacturer defects or specifications such as height, width, material grade, or material quality. If client requests material to be replaced, additional charges for new material and labor to install will be reflected and is the sole responsibility of the Client.
• d.) There are various schools of thought when installing fences, which means there are a variety of ways to install a fence. If Client requires the fence to be installed in a particular way, we must be notified in advance, in writing, prior to the start of installation. This pertains to the amount of concrete in a post hole, depth & width of post holes (except as required by the village), post inserts, fence style, racking or stepping of fence, height of fence from the ground, filling gaps in fence, cutting or altering fence panels, etc. Specific requirements by the Client must be detailed in the customer quote prior to the start of installation. If no specific requirements are agreed to in writing by the Service Provider, any changes or modifications to the original installation will be the sole responsibility of the Client to pay for labor and materials to make changes. Any specific Client requirements for how the fence must be built must be provided, in writing, to the Service Provider prior to installation beginning.

XV. Successors and Assigns. The provisions of this Agreement shall be binding upon and inured to the benefit of heirs, personal representatives, successors, and assigns of the Parties. Any provision hereof which imposes upon the Service Provider or Client an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon the Service Provider or Client.

XVI. Default. In the event of default under this Agreement, the defaulted Client shall reimburse the Service Provider for all costs and expenses reasonably incurred by the Service Provider in connection with the default, including, without limitation, attorney’s fees and collection agency fees. Additionally, in the event of a suit or action is filed to enforce this Agreement or with respect to this Agreement, the defaulted Client will reimburse the Service Provider for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal. If Client does not make payment for the final balance within 30 calendar days, a mechanic’s lien will be filed on the property for which the services are rendered. This agreement serves as notice of intent to lien by the Service Provider indicated herein. All costs associated to legal fees and lien filing costs will be reimbursed by the defaulting party. Upon default, the Service Provider has the right to collect the full principal balance plus additional collection fees determined by the Service Provider and/or collection agency and/or attorney.

XVII. No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.

XVIII. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of North Carolina. Any disputes arising from this agreement will be settled in a state or federal court located in Mecklenburg County, North Carolina.

XIX. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

XX. Cancellation. The Client has 3 days from signature on the quote to terminate the agreement. If the agreement is canceled within 3 days of signature, a full refund will be provided. After the period of 3 days from signature have elapsed, the Client forfeits the full deposit if a cancellation is requested. Clients must submit, in writing, a formal request of cancellation within 3 days of signature on the quote, proposal, or any other documentation. This shall be in a physical letter to 20850 Catawba Ave. Cornelius NC, 28031 or email directly to [email protected] and the Service Provider must confirm receipt, due to the potential of electronic mail processing errors.

XX. Additional Terms & Conditions.

• a.) Any additional services and/or materials needed outside of original scope detailed in invoice shall be billed accordingly. Service Provider shall not be responsible for errors of omission or verbal commitments without a signed amendment to this original agreement. This contract constitutes the entire agreement between the Customer and Service Provider, superseding all previous oral or written agreements. Changes to the contract can only be made in writing and signed by both parties.
• b.) Client is responsible for return shipping costs and/or any other associated fees if materials need to be returned for any reasons including, but not limited to non HOA approval, non village approved materials or client change of mind etc.
• c.) All sales include a latch on one side of the gate, if Client requests double latch, it will be an additional cost. Specialty latches, locks, hinges, etc are at the expense of the Client and are not included unless notated in this agreement.
• d.) Decorative post caps are not included for wood fences, and can be added for an additional cost, unless otherwise indicated in the signed quote.
• e.) Service Provider may bring extra material to projects, any additional/extra material is the sole property of the Service Provider.
• f.) If Client obtains permit Client is solely responsible for proper permitting and all fees and costs associated with permit. It is the Client’s responsibility to schedule final inspection upon project completion.
• g.) Clients are responsible for determining property lines before work begins. If property lines need to be determined, this is the sole responsibility of the Client.
• h.) Client is responsible for HOA approval prior to commencing work. Service Provider not responsible for obtaining HOA approval for the fence style, material, etc. Written HOA approval must be provided to Service Provider prior to start of installation.
• i.) If the neighboring fence is connected or supported by Client’s fence, we will remove per scope of work. The Service Provider will not replace the neighbor’s fence unless contacted by the neighbor and an agreement in writing is made. Service Provider is not responsible for any damage to neighbor’s property.
• j.) By signing the quote, you are agreeing to all the terms of this Agreement and certifying that you own the premises where the products and/or services are being provided.
• k.) By signing the associated quote, Client agrees to clear the entire fence line before work begins, unless alternative arrangements have been made and are detailed in this agreement. If the fence line has debris such as bushes, trees, branches, or other obstacles; Client agrees to pay additional charges to the Service Provider to remove debris and/or obstacles at the expense of the Client at the Service Provider’s discretion. Client is also responsible for disposal fees from any obstacles that are removed.
• l.) Due to inflation and other unforeseen increased costs of materials and labor over time, if more than 6 months transpire from the original deposit, the initial deposit is forfeited, and a new quote will need to be provided for the project. For example, say on January 1st 2024 the Client makes a deposit for a project. After numerous attempts to contact the Client, the Client doesn’t respond to the Service Provider. Then 7 months later, the Client contacts us again in July 2024 wanting to move forward with the project, a new deposit will need to be made for the project. These cases are usually when the village postpones a project or does not allow fencing to be installed for a particular reason. In all those cases, and others not mentioned here, the original deposit will be forfeited. Any delay of more than 6 months will forfeit the original deposit.
• m.) LIMITATION OF LIABILITY To the fullest extent allowed by law, the Customer waives any remedies not specifically provided in this agreement. The Customer will not make any liability claims for damages occurring on the premises and will indemnify the Service Provider against any third-party claims.
• n.) COPYRIGHT AND PROJECT PLANS The Customer represents and warrants that any plans and/or sketches provided are either their original designs, have been properly licensed from a third party, or are from public domain works. The Customer agrees to indemnify and hold the Service Provider harmless from all liabilities, including legal fees, arising from third-party claims of copyright infringement related to the provided materials.
• o.) SITE CONDITIONS The Service Provider has not conducted any subsurface investigation of the site. If unforeseen subsurface conditions, such as rock or hazardous materials, are encountered that increase construction costs, the Service Provider may suspend work and notify the Customer. The parties will make a good faith effort to agree on corrective measures. If no agreement is reached, the Service Provider may terminate the contract. If a soil report is provided by the Customer, the Service Provider may rely on its accuracy. Any expenses to correct undisclosed conditions will be the responsibility of the Customer.

XXI. Privacy

• a.) SINGLE POINT OF CONTACT (SPOC) There shall be one SPOC unless otherwise indicated in this agreement. Whoever signs the quote is referred to as the Client. The Client shall be the Single Point of Contact for all interactions with the Service Provider. If another interested party needs to be involved, they shall be indicated on the quote. If another other interested party is not indicated in quote; disclosure and/or negotiation of this agreement shall not take place at the behest of the Service Provider. As a matter of privacy and contractual obligations; Service Provider will not discuss and/or make changes to this agreement with any other party other than those indicated herein. If multiple Clients are party to this agreement, one signature will bind all unless stated otherwise.

XXII. Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, verbal conversations, text messages, emails, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.

IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers as indicated in the signed associated quote. This is an Agreement between the Parties indicated on the quote, whether that be a business entity, a legal entity, or named individual persons. Those individuals and/or legal entities indicated on the quote are those that are responsible for the entire balance of the quote provided by the Service Provider. The Client who signs and/or is named on the quote is responsible for reading and understanding our entire terms & conditions indicated herein and constitutes a signed and dated written contract/Agreement between both parties.