THIS GENERAL SERVICE AGREEMENT (the “Agreement”) is between (the “Client”) and Fence 101 LLC, 302 Boston Post Rd, Apt B12(the “Contractor”).
BACKGROUND
1. The Client is of the opinion that the Contractor has the necessary qualifications, experience, and abilities to provide services to the Client.
2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
TERM OF AGREEMENT
3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
4. In the event that either “Client” wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide three days’ written notice to the other Party from the date noted on this contract.
PERFORMANCE
5. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
SERVICES PROVIDED
6. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):
> Install Fence according to a quote signed by the customer.
7. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
8. There will be a charge (add-on on original invoice) after job completion of $70.00 per “Core Drill” needed on the project.
9. Any goods or products related to this contract or to be used in the completion of this contract will remain the property of Fence 101 LLC until the final balance noted on the form of the contract is paid in full. If a customer cancels this transaction within three (3) business days before the date on the contract, they agree to make available to Fence 101 LLC any goods or materials related to this contract, in good condition. If goods are not returned within twenty (20) days of the date of cancellation, the customer agrees to remain liable for the performance of all obligations under this contract.
10. Dirt from post holes will remain on site. Fence 101 LLC will move spoils to any location on the customer’s property at an acceptable distance free of charge. The location must be set before the job commences or the customer assumes responsibility for dirt/spoils.
11. Fence 101 will be identified by a fence sign attached to the fence panel or post.
12. A Fence sign will be attached to a fence post at the end of the project.
CANCELLATION NOTICE
13. Customer may cancel this transaction without any penalty or obligation within three (3) days from the date noted on of contract (exception may apply following clauses 14).
Any deposit monies collected by Fence 101 LLC in relation to this contract will be returned within ten (10) business days of receiving a cancellation notice.
14. If the customer wants to cancel the job after the purchase agreement and the material was already ordered by Fence 101, a restocking fee of 20% of the total material amount would be charged to the customer. If the order was a “special order”, a restocking fee of 50% will be charged instead.
LIMITED WARRANTY CONDITIONS
15. Fence 101 LLC will guarantee its professional workmanship of assembly and installation of a fence, gate, and railing material for Three (3) years from the date of installation. Fence 101 LLC shall not be liable under its guarantee for damage or loss arising from misuse, negligence of other, fire, gusts or sustained winds over 55 mph, Act of God, or other events reasonably considered to be covered under comprehensive homeowner’s insurance.
16. Fence 101 LLC does not offer a warranty against the twisting, warping, cracking, or splitting of wooden materials. After a wooden fence is installed the wood will naturally shrink and expand as a cause of environmental and natural conditions. A coat of stain or sealer will deter some of these effects, but some characteristics may still remain.
17. Fence post may heave or sink over time as natural ground movement and temperature changes occur. Extreme (four-inch rise or sink) heaving or sinking issues will be covered under this warranty for a period of 1 year after the noted installation completion date.
18. Our Installation Warranty is only valid for installation issues on gate adjustments and fences. It does not cover any hardware defects or material replacement.
COMPENSATION
19. The Contractor will charge the Client for the Services (the “Compensation”) according to the quote signed by the client.
20. A deposit of 50% (the “Deposit”) of the total amount of the contract is payable by the Client upon signature of this Agreement.
21. For the remaining amount, the Client will be invoiced when the Services are complete.
22. Invoices submitted by the Contractor to the Client are due upon receipt.
23. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro-rata payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Contractor.
24. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the material has been purchased by the “Contractor”, the “Client will be responsible to pay a 25% restocking fee on the total amount of the material purchased by “Contractor”
25. The Compensation as stated in this Agreement does not include sales tax or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation.
INTEREST ON LATE PAYMENTS
26. Interest payable on any overdue amounts under this Agreement is charged at a rate of 3.00% per month or at the maximum rate enforceable under applicable legislation, whichever is lower.
AUTONOMY
27. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to the provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not in the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
EQUIPMENT
28. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear, and any other items or parts necessary to deliver the Services in accordance with the Agreement.
NOTICE
29. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses: Fence 101 LLC 745 Boston Post Rd, Marlborough – MA – 01752
ENTIRE AGREEMENT
30. It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided in this Agreement.
GOVERNING LAW
31. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
WAIVER
32. The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
