Fixture Installation Document

FIXTURE INSTALLATION DOCUMENT

This Fixture Installation Document ("Agreement") is entered into on by and between:

RECITALS

WHEREAS, Client requires installation of fixtures at the premises located at ; and

WHEREAS, Contractor is duly licensed, experienced and equipped to supply labor, materials, and equipment necessary to provide the installation services described in this Agreement; and

WHEREAS, the parties wish to set forth their respective rights and obligations with respect to such installation.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment, supervision and services necessary to complete installation of the fixtures described below in a professional and workmanlike manner in accordance with accepted industry standards and applicable building codes.

ITEMIZED FIXTURES

List each fixture, quantity, installation location and unit price. If additional fixtures are required, a written change order will be executed in accordance with the Change Orders clause below.

PAYMENT TERMS

Total Contract Price: $

Late Payment: Unpaid amounts shall bear interest at or a late fee of $ per billing cycle, whichever is greater, until paid in full.

WORK SCHEDULE

Commencement Date: Estimated Completion Date:

Contractor shall proceed diligently and provide notice to Client of any events likely to delay completion. Client shall provide timely access to the premises and utilities as required for timely completion.

TERM AND TERMINATION

This Agreement shall commence on the Commencement Date set forth above and shall terminate upon final acceptance of the work by Client or on , whichever occurs first.

Either party may terminate this Agreement for material breach after providing the non-breaching party with written notice and a period of to cure. Upon termination, Contractor shall be entitled to payment for work performed and materials procured to date, less offsets for defective or incomplete work.

CONFIDENTIALITY

Each party shall maintain in confidence all non-public business or technical information disclosed by the other party in connection with this Agreement and shall not use such information except to perform its obligations under this Agreement. Confidential information does not include information that is publicly available through no fault of the receiving party, already known to the receiving party, or independently developed without use of the disclosing party's confidential information.

PERMITS, CODES AND INSPECTIONS

Contractor shall obtain and pay for all permits, inspections and approvals required for the work unless otherwise agreed in writing. Contractor shall perform work in accordance with applicable codes, ordinances and regulations. Contractor shall notify Client of required inspections and obtain sign-offs where required.

CHANGE ORDERS

Any change to the Scope of Work, price, or schedule shall be made only by a written change order signed by both parties. Change orders shall describe the change, the adjustment to the contract price and any extension of time.

WARRANTIES, INSURANCE AND LIMITATION OF LIABILITY

Contractor warrants that all work performed under this Agreement shall be free from defects in workmanship for a period of from final acceptance, except for items caused by ordinary wear and tear or misuse. Manufacturer warranties for fixtures, where applicable, shall be passed through to Client.

Contractor shall maintain insurance coverage customary for the trade, including general liability and workers' compensation as required by law, and shall provide certificates of insurance upon request.

Neither party shall be liable to the other for consequential, incidental or punitive damages except to the extent resulting from gross negligence or willful misconduct.

ACCEPTANCE AND FINAL PAYMENT

Upon completion, Contractor will notify Client and request final inspection. Client shall inspect the work within and either accept the work or provide a written list of deficiencies. Final payment is due upon acceptance or within the timeframe set forth in the Payment Schedule.

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflicts of law principles.

This Agreement, including any attachments and signed change orders, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior proposals, negotiations and agreements. Any amendments 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 shall remain in full force and effect. No waiver of any provision shall be effective unless in writing and signed by the party granting the waiver.

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