Business Equipment Pump Agreement

Business Equipment Pump Agreement

This Business Equipment Pump Agreement (the Agreement) is entered into as of Effective Date: by and between Client Name: (the "Client") and Service Provider Name: (the "Provider"). The Client and the Provider may be referred to herein individually as a Party and collectively as the Parties.

RECITALS

WHEREAS, the Provider is engaged in the business of supplying, installing, testing, servicing, and maintaining industrial pumps and related equipment, and represents it has the necessary expertise, personnel, and facilities to perform the services described in this Agreement;

WHEREAS, the Client desires to procure from the Provider specified pump equipment, installation, testing, and related services for the Client's premises and operations described below, and the Provider is willing to supply such equipment and services on the terms and conditions set forth herein;

WHEREAS, the Parties wish to set forth their mutual rights and obligations with respect to the supply, installation, commissioning, and limited warranty of the equipment identified in this Agreement.

EQUIPMENT IDENTIFICATION

SCOPE OF WORK

The Provider shall supply and perform, in a professional and workmanlike manner, the following scope of work for the Equipment identified above:

The Provider's obligations include delivery, installation (if applicable), start-up testing, demonstration, safety checks, and a final written report confirming commissioning results. Materials and consumables specifically required for commissioning that are not described above shall be charged in accordance with the Payment Terms below.

PAYMENT TERMS

The total Contract Price for the Equipment and Services is:

Late payment shall accrue interest as specified below:

Unless otherwise agreed in writing, all payments are due within the number of days specified in the Payment Schedule following receipt of Provider's invoice. Client shall not withhold payment except for undisputed claims made in good faith.

TERM AND TERMINATION

This Agreement shall commence on Start Date: and shall continue until End Date: unless earlier terminated in accordance with this Section.

Either Party may terminate this Agreement for material breach by the other Party if the breaching Party fails to cure such breach within days after written notice. Additionally, either Party may terminate for convenience upon providing days' prior written notice to the other Party.

Upon termination, Client shall pay Provider for all Equipment, Services, and reasonable costs incurred up to the effective date of termination, including any non‑cancelable commitments.

CONFIDENTIALITY

Each Party agrees that all nonpublic, proprietary, or confidential information disclosed by one Party to the other in connection with this Agreement ("Confidential Information") shall be held in strict confidence and used only for purposes of performing obligations under this Agreement. Confidential Information does not include information that:

(a) is or becomes publicly available other than through a breach of this Agreement; (b) was lawfully in the receiving Party's possession prior to disclosure; or (c) is rightfully received by the receiving Party from a third party without restriction on use or disclosure. Each Party shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care.

WARRANTY AND LIMITATION OF LIABILITY

Provider warrants that the Equipment will conform to the manufacturer's specifications and will be free from defects in material and workmanship for a period of from final acceptance. Client's sole and exclusive remedy for breach of this warranty shall be, at Provider's election, repair or replacement of defective parts, or refund of amounts paid for the defective Equipment. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION, THE EQUIPMENT AND SERVICES ARE PROVIDED "AS IS" AND PROVIDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles. The Parties submit to the exclusive jurisdiction of the state and federal courts located in that State for any dispute arising under this Agreement.

ENTIRE AGREEMENT

This Agreement, including all attachments, purchase orders, and appendices expressly incorporated by reference, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, oral or written. Any amendment or modification of this Agreement must be in writing and signed by authorized representatives of both Parties.

NOTICES

Notices shall be in writing and delivered by hand, nationally recognized courier, or certified mail to the addresses set forth above and will be effective upon receipt.

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