Chimney Repair Service Agreement

CHIMNEY REPAIR SERVICE AGREEMENT

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

Client Name:

Contractor Name:

RECITALS

WHEREAS, Client owns or controls the real property located at (Property); and

WHEREAS, Contractor is duly licensed and qualified to perform chimney inspection, repair, maintenance and related services and represents that Contractor has the skill, personnel, tools and insurance necessary to perform the work described herein; and

WHEREAS, Client desires to engage Contractor to perform chimney repair and related work at the Property on the terms and conditions set forth in this Agreement.

SCOPE OF WORK

Contractor shall perform the work described below (Work). The Work shall include all labor, materials, equipment, temporary protection, cleanup and disposal necessary to complete the Work unless otherwise excluded in writing.

PAYMENT TERMS

Total Contract Price: $

Late Payment: Payments not received within days after the due date shall incur a late fee of on the overdue balance, compounded monthly to the extent permitted by law.

TERM AND TERMINATION

Commencement Date: . Estimated Completion Date: .

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within days after written notice. Client may also terminate for Contractor convenience upon providing written notice and payment for Work performed to the date of termination plus reasonable demobilization costs.

PERMITS, ACCESS AND SCHEDULE

Contractor shall obtain permits required for the Work unless otherwise agreed in writing. Client shall provide reasonable access to the Property during normal business hours and shall timely remove obstacles that would impede performance. Contractor will use commercially reasonable efforts to adhere to the schedule disclosed in the Payment Schedule, but schedule dates are estimates and not guarantees unless expressly stated.

WARRANTY, INSURANCE AND INDEMNITY

Warranty: Contractor warrants workmanship performed under this Agreement for a period of from the completion date, excluding defects or failures due to preexisting conditions, additives or alterations by others, misuse or failure of related systems. Manufacturer warranties on materials, if any, apply in addition to this workmanship warranty.

Insurance: Contractor represents that it maintains commercial general liability and workers' compensation insurance in amounts adequate for the Work. Upon request, Contractor shall provide certificates of insurance to Client.

Indemnity: Each party shall indemnify, defend and hold harmless the other party from claims, losses and damages arising from the indemnifying party's negligence or willful misconduct in performance of this Agreement, subject to any applicable statutory limitations.

CONFIDENTIALITY

Each party agrees that confidential information disclosed by the other party in connection with the Work shall be used solely for the performance of this Agreement and shall be held in confidence and not disclosed to third parties except as required by law, or with the disclosing party's prior written consent. Confidential information does not include information that is or becomes publicly available through no fault of the receiving party or that is independently developed.

CHANGE ORDERS

Any changes to the Scope of Work, schedule or contract price must be documented in a written change order signed by both parties. Change orders may affect the price and completion schedule.

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.

ENTIRE AGREEMENT

This Agreement, including any attached exhibits and signed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings and agreements. No representation, promise or condition not contained in this Agreement shall be binding upon the parties.

NOTICES

Notices shall be in writing and delivered in person, by certified mail, return receipt requested, or by nationally recognized courier to the addresses provided above, effective upon receipt.

DISPUTE RESOLUTION

The parties shall attempt in good faith to resolve disputes arising under this Agreement by negotiation. If negotiation fails, disputes shall be resolved by binding arbitration in the county where the Property is located, in accordance with the rules agreed by the parties. Judgment upon the award may be entered in any court having jurisdiction.

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