Custom Installation Sinks

CUSTOM INSTALLATION SINKS AGREEMENT

This Custom Installation Sinks Agreement (the Agreement) is made on Day: Month: Year: . Between:

RECITALS

WHEREAS, Contractor is engaged in the business of fabricating and installing custom sinks and related fixtures and possesses the skill, labor, equipment and licenses necessary to perform the work described herein; and

WHEREAS, Client desires to retain Contractor to fabricate, deliver and install custom sinks and related work at the property located at: (the Site) in accordance with the terms set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

SCOPE OF WORK

Contractor shall furnish all labor, materials, supervision, equipment, transportation and services necessary to complete the custom sink installation described below in a good and workmanlike manner and in accordance with industry standards.

Materials specified by Contractor and accepted by Client shall be deemed conforming material. Any deviation from the approved scope requested by Client will require a written change order signed by both parties and may affect price and schedule.

PAYMENT TERMS

Total Contract Price: $

Deposit Amount: $ payable upon execution. Final payment due upon completion and final acceptance by Client and receipt of any required lien waivers.

Late Payment: Any undisputed amount unpaid when due shall accrue interest at % per month (or the maximum permitted by law, if less) until paid. Client shall also be responsible for reasonable collection costs and attorneys' fees incurred by Contractor in collecting late payments.

TERM AND TERMINATION

Commencement Date: .

Estimated Completion Date: . Time is of the essence, subject to excusable delays including but not limited to weather, unforeseen site conditions, or delays in delivery of specialized materials.

Termination: Either party may terminate this Agreement for cause if the other party materially breaches any term and fails to cure such breach within days after written notice. Either party may terminate for convenience upon days' prior written notice; Client shall pay Contractor for work performed, materials ordered, and reasonable demobilization costs.

CHANGE ORDERS

All alterations, deviations or additional work shall be executed only upon a written change order signed by both parties that specifies adjustments to price, schedule and any other affected terms. Contractor shall not be obligated to proceed with extra work without a signed change order.

WARRANTIES, INSURANCE AND LIABILITY

Warranty: Contractor warrants that labor shall be free from defects for a period of months from final acceptance. Manufacturer warranties for materials shall be passed through to Client to the extent assignable. Warranty does not cover damage from misuse, alteration, settlement or ordinary wear and tear.

Insurance: Contractor shall maintain general liability and workers' compensation insurance as required by law and shall provide certificates of insurance upon reasonable request prior to commencement of work.

Limitation of Liability: Except for gross negligence or willful misconduct, Contractor's liability for any claim arising out of or related to this Agreement shall be limited to direct damages not to exceed the total amount paid by Client to Contractor under this Agreement. Contractor shall not be liable for special, indirect, incidental or consequential damages.

CONFIDENTIALITY

Each party shall maintain in strict confidence all confidential or proprietary information disclosed by the other party in connection with this Agreement, including specifications, drawings, pricing and trade secrets. Confidential information shall not include information which (i) is or becomes public through no breach by the receiving party, (ii) is lawfully received from a third party without restriction, or (iii) is independently developed by the receiving party without use of the disclosing party's confidential information.

The obligations of confidentiality shall survive termination of this Agreement for a period of years. Remedies for breach shall include injunctive relief and damages.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to choice-of-law principles. The parties agree to attempt to resolve disputes promptly through good faith negotiation. If unresolved, disputes shall be submitted to binding arbitration conducted in accordance with the rules of a recognized arbitral forum in the chosen jurisdiction, and judgment upon the award may be entered in any court of competent jurisdiction.

ENTIRE AGREEMENT; SEVERABILITY

This Agreement, including all exhibits and written change orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect.

NOTICES

All notices required or permitted under this Agreement must be in writing and delivered to the addresses set forth above or such other address as a party may designate in writing. Notices shall be effective upon personal delivery, confirmed overnight courier, or three days after deposit in the mail with postage prepaid.

MISCELLANEOUS

Independent Contractor: Contractor is an independent contractor and not an employee, partner or joint venturer of Client. Contractor shall be solely responsible for payment of all taxes and benefits of its employees.

Assignment: Neither party may assign this Agreement without the prior written consent of the other party, except that Contractor may assign receivables to a financing source.

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