Business Equipment Sink Template

BUSINESS EQUIPMENT SINK AGREEMENT

This Agreement is made effective as of the date executed below by and between Provider Name: and Client Name: .

WHEREAS

WHEREAS, Provider is in the business of supplying, installing and servicing commercial plumbing fixtures and related equipment (collectively, "Equipment") including but not limited to sinks, drains, faucets, and waste piping; and

WHEREAS, Client operates a business at Premises Address: and desires to engage Provider to supply, deliver and install Equipment described in this Agreement;

WHEREAS, the parties desire to set forth the terms and conditions under which Provider will supply, install, test and warrant such Equipment and Client will pay for the same.

DEFINITIONS

"Equipment" means the specific sink(s) and associated fixtures described in the Equipment Schedule and any replacement parts, components, adapters and related materials necessary for installation and operation.

SCOPE OF WORK

PAYMENT TERMS

Total Contract Price: $

Late Payment Fee: on outstanding balances, accruing monthly until paid in full.

All payments are due pursuant to the Payment Schedule. Client shall make payments to Provider at Provider's address or by other method agreed in writing. Client shall be responsible for any collection costs, including reasonable attorneys' fees, incurred by Provider in collecting past-due amounts.

DELIVERY, INSTALLATION AND ACCEPTANCE

Delivery and Installation by Provider shall be performed at the Premises. Client shall provide access, utilities and any necessary site preparations. Acceptance testing shall occur within days of installation. If Client fails to provide written notice of nonconformity within that period, Equipment will be deemed accepted.

WARRANTY

Provider warrants that Equipment supplied under this Agreement will be free from defects in materials and workmanship for a period of months from the date of acceptance. Provider's sole obligation under this warranty will be, at Provider's option, repair or replacement of defective components. This warranty does not cover damage caused by misuse, neglect, alteration, or improper maintenance by Client or third parties.

TERM AND TERMINATION

Term Commencement Date: . Term Expiration Date: .

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches any obligation under this Agreement and fails to cure such breach within days after receipt of written notice. Either party may terminate for convenience upon days' prior written notice, subject to payment for all work performed and costs incurred through the effective date of termination.

CONFIDENTIALITY

Each party (the "Receiving Party") shall keep confidential and shall not disclose to any third party any nonpublic business, technical or financial information disclosed by the other party (the "Disclosing Party") in connection with this Agreement, except as necessary to perform obligations under this Agreement or as required by law. Confidential information does not include information that (i) is or becomes generally available to the public other than through a breach by the Receiving Party; (ii) was rightfully in the Receiving Party's possession prior to disclosure; or (iii) is independently developed without use of the Disclosing Party's confidential information. The Receiving Party shall take commercially reasonable measures to protect the confidentiality of such information and shall be liable for any unauthorized disclosure by its representatives.

INSURANCE AND INDEMNITY

Provider shall maintain commercial general liability insurance and worker's compensation as required by law during performance of the Work. Each party shall indemnify, defend and hold harmless the other party from and against claims, liabilities, damages and expenses arising out of its negligent acts or omissions or willful misconduct in connection with this Agreement, except to the extent caused by the indemnified party's negligence or willful misconduct.

LIMITATION OF LIABILITY

Except for liability arising from willful misconduct or gross negligence, in no event shall either party be liable to the other for incidental, consequential, exemplary or punitive damages, and aggregate liability for any claim arising out of or related to this Agreement shall not exceed the total amount paid by Client to Provider under this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles. Any dispute arising under this Agreement shall be resolved by the state or federal courts located in that State.

ENTIRE AGREEMENT

This Agreement, including any schedules, exhibits and accepted purchase orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, negotiations and communications, whether written or oral. Any amendment to this Agreement must be in writing and signed by both parties.

NOTICES

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are independent contractors; nothing herein shall create a partnership, joint venture or employment relationship. Neither party may assign this Agreement without the prior written consent of the other, except that Provider may assign to a successor in interest in connection with a sale of substantially all Provider's assets.

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