Business Use Automatic Door Template

BUSINESS USE AUTOMATIC DOOR AGREEMENT

This Agreement is entered into as of , (Effective Date), by and between:

Client Name:

Client Address:

Contractor Name:

Contractor Address:

RECITALS

WHEREAS, Client operates the business premises located at (Premises) and requires an automatic door system for business use; and

WHEREAS, Contractor is duly qualified and experienced in the supply, installation, testing and maintenance of automatic door systems and represents that it will perform the work in accordance with industry standards, applicable codes and manufacturer specifications; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will provide the automatic door services described herein.

SCOPE OF WORK

Door Location (within Premises):

New installation Repair Replacement Ongoing maintenance/service

PAYMENT TERMS

Deposit Amount:   Balance Due (terms):

Late fee: . Payments not received within the agreed period shall accrue the stated late fee and Contractor may suspend services until overdue amounts are cured.

TERM AND TERMINATION

Term Commencement Date: ,

Expected Completion/End Date: ,

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after receipt of written notice. In addition, Contractor may suspend work for nonpayment in accordance with the Payment Terms.

CONFIDENTIALITY

Each party acknowledges that in the course of performance it may receive Confidential Information of the other party. "Confidential Information" means non-public business, technical, financial or operational information disclosed in any form. Each receiving party shall hold such Confidential Information in confidence, shall not disclose it to third parties, and shall use it only for the purposes of performing this Agreement. Confidentiality obligations shall survive termination for a period of three (3) years, except for trade secrets, for which protection will survive for so long as the information remains a trade secret under applicable law.

WARRANTY, INSPECTION AND MAINTENANCE

Contractor warrants that labor and materials furnished by Contractor shall be free from defects in workmanship for a period of from completion. Warranty coverage is limited to repair or replacement at Contractor's option and does not cover damage resulting from misuse, vandalism, or modifications not performed by Contractor. Client shall inspect the work within days of completion and provide written notice of latent defects promptly upon discovery.

If maintenance services are included or elected, Contractor will perform such services according to the maintenance schedule set forth in the Scope of Work. Client shall allow reasonable access to the Premises for such maintenance.

COMPLIANCE; PERMITS; INSURANCE

Contractor shall comply with all applicable laws, codes, ordinances and regulations and shall obtain, at Contractor's expense, any permits or approvals required for performance of the work unless otherwise agreed in writing. Contractor shall maintain commercial general liability and workers' compensation insurance in amounts sufficient to cover its obligations hereunder and shall provide evidence of insurance upon Client request.

INDEMNIFICATION

Contractor shall indemnify, defend and hold Client harmless from claims, liabilities, damages and expenses (including reasonable attorneys' fees) arising out of Contractor's negligent acts or omissions in performing the work. Client shall indemnify Contractor for claims arising from Client's negligent acts or omissions, misuse of the installed equipment, or failure to follow Contractor-provided operating instructions.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles.

ENTIRE AGREEMENT

This Agreement, together with any exhibits or attachments executed by the parties, constitutes the entire agreement between the parties and supersedes all prior negotiations, proposals, representations or agreements, whether written or oral, relating to the subject matter hereof. Any amendment must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect. The parties acknowledge that monetary damages may be inadequate for breach of certain obligations (including confidentiality) and that equitable relief may be appropriate in addition to other remedies.

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