Construction Hardware Specification Document

Construction Hardware Specification Document

Recitals

WHEREAS, Supplier is engaged in the manufacture and supply of construction hardware and related accessories in conformance with industry standards and subject to quality control procedures; and

WHEREAS, Purchaser requires the supply and installation (as applicable) of specific hardware items set forth in this Specification Document for the Project identified below and desires to procure such hardware from Supplier under the terms set forth herein; and

WHEREAS, the parties intend for this document to define the technical specifications, delivery, acceptance, payment and contractual terms governing the supply of construction hardware for the Project identified as: Project Name: Effective Date:

Scope of Work

Supplier shall furnish, deliver and, where specified, install the construction hardware items described in the Hardware Specifications section below in strict accordance with the stated quantities, materials, tolerances, finishes, testing and delivery requirements. Work shall include coordination with Purchaser's representative, packaging, labeling, documentation, and corrective measures for any nonconforming items.

Hardware Specifications (Itemized)

Provide manufacturer part numbers, descriptions, materials, finishes, tolerances, quantities and unit pricing. Fields below establish the minimum requirements for each listed item and will form part of the contractual supply obligation.

Standards and Compliance

All hardware supplied under this Specification must comply with applicable industry standards. Supplier shall provide certificates of conformity and test reports upon request.

Applicable Standards (check all that apply): ANSI ASTM ISO EN Other:

Fabrication, Finishes and Tolerances

Packaging, Labeling and Delivery

Inspection, Testing and Acceptance

Purchaser shall have a period of days from delivery or completion of installation to inspect and either accept or reject delivered items in writing. Nonconforming items shall be repaired or replaced at Supplier's expense within a commercially reasonable period.

Warranty and Remedies

Warranty Period (months):

Change Orders

Payment Terms

Total Contract Price (for items listed):

Late Payment Fee: . Supplier may suspend deliveries for overdue amounts after providing written notice in accordance with the Term and Termination provisions.

Payment Method:

Term and Termination

This Specification and the obligations hereunder commence on the Start Date: and shall continue until End Date: unless earlier terminated in accordance with this section.

Either party may terminate for convenience upon days' prior written notice. Either party may terminate for material breach if such breach remains uncured for a period of 30 days after receipt of written notice specifying the breach. Termination does not relieve the parties of obligations accrued prior to termination, including payment for conforming goods delivered and accepted.

Confidentiality

Each party shall maintain as confidential all nonpublic technical, commercial and financial information disclosed in connection with this Specification and shall not disclose such information to third parties except as necessary for performance or as required by law. Confidentiality obligations survive for months following final delivery or termination.

Indemnification and Limitation of Liability

Governing Law

This Specification shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. Venue for any dispute arising under this Specification shall be the state or federal courts located within that state, unless the parties mutually agree otherwise in writing.

Entire Agreement

This Specification, together with any purchase orders, attachments and accepted change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and agreements, whether written or oral. No amendment or modification shall be binding unless executed in writing and signed by authorized representatives of both parties.

Notices

All notices required or permitted by this Specification shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate by notice in accordance with this section.

Certifications

Supplier certifies that all hardware supplied pursuant to this Specification will be free from defects in materials and workmanship, will conform to the specifications and standards set forth herein, and that Supplier has the authority to enter into this Specification and supply the goods described.

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