Construction Cutlist

CONSTRUCTION CUTLIST AND SERVICES AGREEMENT

Parties and Project Identification

Project Name:    Project Location:

Date of Issue:    Project Number:

Recitals

WHEREAS, Client requires detailed cutting instructions, component lists and quantity breakdowns (the "Cutlist") for materials to be used in the Project described above; and

WHEREAS, Contractor has the expertise and capacity to prepare the Cutlist and to provide related measurement, layout, and fabrication coordination services in accordance with Client requirements; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will deliver the Cutlist and perform related services.

Scope of Work

Contractor shall prepare and deliver a Cutlist that itemizes each piece to be cut, identifies material type, dimensions, quantity, cut orientation, and any special edge or finish requirements. The Cutlist shall be suitable for direct reference by fabricators and suppliers and shall include, at minimum, the information contained in the Cutlist table below.

Cutlist Itemization

Enter each cut item. Units: Length/Width/Thickness in inches unless otherwise specified. Provide part identifiers and any special cutting notes.

Payment Terms

All fees are exclusive of taxes and material costs unless explicitly stated. Contractor shall invoice Client in accordance with the Payment Schedule above. Client will pay undisputed invoices within thirty (30) days of receipt. Disputes to invoiced amounts shall be raised in writing within ten (10) days of receipt.

Term and Termination

This Agreement commences on Start Date: and continues until Completion Date: unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon written notice to the other party given at least days prior to termination. In the event of termination, Contractor shall be entitled to payment for services performed and reasonable, documented costs incurred up to the effective date of termination.

Confidentiality

Each party acknowledges that during performance it may receive Confidential Information of the other party. "Confidential Information" means non-public information marked or identified as confidential or which by its nature would reasonably be considered confidential. The receiving party shall (i) hold Confidential Information in confidence, (ii) use it solely to perform obligations under this Agreement, and (iii) not disclose it to third parties except to affiliates, agents or subcontractors who have a legitimate need to know and who are bound by confidentiality obligations no less protective than those herein. Confidentiality obligations do not apply to information that is publicly known through no breach, independently developed, or required to be disclosed by law (provided notice is given to the disclosing party where permitted).

Warranties; Acceptance

Contractor warrants that the Cutlist will, to the best of Contractor's professional ability and based on information provided by Client, accurately reflect measurements and specified material dimensions. Client shall review and deliver written acceptance or itemized objections within ten (10) business days of receipt. Acceptance occurs either upon written acceptance or upon failure to timely submit objections. Except as expressly set forth herein, Contractor disclaims all other warranties, express or implied, including fitness for a particular purpose.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction specified above without regard to conflict of law rules. The parties consent to the exclusive jurisdiction of the courts located in that jurisdiction for disputes arising out of this Agreement.

This Agreement, including any exhibits and the Cutlist delivered hereunder, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, proposals, and agreements, whether written or oral. Any amendment must be in writing and signed by authorized representatives of both parties.

Additional Provisions

Change orders that alter quantities, dimensions, or materials shall be documented in writing and approved by authorized representatives of both parties. Contractor is not responsible for discrepancies that arise from incorrect or incomplete drawings or measurements provided by Client.

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