Business Factory Relocation Form

BUSINESS FACTORY RELOCATION FORM

Parties and Effective Date

Company Name:

Relocation Contractor Name:

Effective Date:   Primary Company Contact:

WHEREAS

WHEREAS, Company operates a manufacturing facility currently located at ; and

WHEREAS, Company requires professional relocation services to transfer machinery, inventory, tooling, and related infrastructure to a new facility located at ; and

WHEREAS, Contractor represents that it has the experience, personnel, equipment and insurance to perform the relocation in accordance with the terms set forth herein.

Scope of Work

Describe in detail the services to be performed by Contractor, including disassembly, transport, reassembly, testing, temporary storage, and employee relocation services. Include special handling for heavy equipment and hazardous materials:

Schedule and Milestones

Planned Relocation Start Date:   Estimated Completion Date:

Equipment, Inventory and Hazardous Materials

Provide an accurate inventory of major equipment and indicate items requiring special handling, calibration, or permits:

Hazardous materials included in the relocation: Yes No

Permits, Compliance and Permitted Work

Contractor shall obtain and maintain all permits, licenses and approvals required to perform the relocation and comply with all applicable laws, codes and regulations. Identify required permits and responsible party:

Payment Terms

Total Relocation Fee: $

Initial Deposit Amount: $   Final Payment Upon Acceptance: $

Invoice Due Days:   Late Fee (percent per month):   Retainage (if any): $

Insurance and Indemnification

Contractor shall maintain commercial general liability insurance with limits not less than $ per occurrence, worker's compensation as required by law, and automobile liability coverage for all transport vehicles. Contractor shall name Company as additional insured where requested.

Each party agrees to indemnify, defend and hold harmless the other from and against all claims, liabilities, losses and expenses arising out of the indemnifying party's negligence or willful misconduct in connection with the relocation.

Term and Termination

Term Commencement Date:   Term End Date:

Either party may terminate this Agreement for material breach if such breach is not cured within days after written notice. Termination for convenience by Company requires days' prior written notice and payment for work performed to date and reasonable demobilization costs.

Acceptance, Testing and Inspection

Following reassembly at the new facility, Contractor shall perform testing and calibration as required. Company shall have business days to inspect and provide written acceptance or a punch list of deficiencies. Final payment is contingent upon acceptance or remedied deficiencies.

Confidentiality

Each party acknowledges that during the performance of this Agreement it may receive Confidential Information of the other party. "Confidential Information" includes nonpublic technical, operational, financial or business information disclosed in connection with the relocation. Receiving party shall (i) protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, (ii) use such information only for purposes of performing under this Agreement, and (iii) not disclose Confidential Information to third parties except to employees, subcontractors or agents on a need-to-know basis who are bound by confidentiality obligations no less protective than those herein. Confidentiality obligations survive termination for a period of three (3) years.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of without regard to conflict of laws principles. Parties shall first attempt to resolve disputes through good faith negotiation. If unresolved, disputes shall be resolved by binding arbitration in the governing jurisdiction unless otherwise agreed in writing.

Entire Agreement; Amendments

This Agreement, together with attachments, schedules and documented change orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, negotiations and communications. No modification or amendment shall be effective unless in writing and signed by authorized representatives of both parties.

Notices

All notices required or permitted under this Agreement must be in writing and delivered to the addresses set forth above or to such other address as a party designates in writing. Notices shall be deemed given upon delivery if delivered in person, or three (3) days after deposit in certified mail, return receipt requested.

Miscellaneous Provisions

Contractor shall be responsible for coordination of subcontractors and shall remain fully responsible for and liable to Company for performance of subcontracted work. Contractor shall maintain records of labor, materials and costs and shall provide reasonable access to such records upon Company request for audit and verification purposes.

Acknowledgment

By signing below, the undersigned representatives warrant that they are authorized to bind their respective parties to the terms and conditions set forth in this Agreement.

Sign Now