Hard Surface Agreement

HARD SURFACE AGREEMENT

This Hard Surface Agreement (the "Agreement") is made between:

Service Provider Name:

Client Name:

RECITALS

WHEREAS, Service Provider is engaged in the business of supplying, preparing, and installing hard surface materials including but not limited to tile, stone, engineered surfaces, and related substrate preparation; and

WHEREAS, Client desires to retain Service Provider to perform hard surface work at the location designated herein under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend for this Agreement to set forth the complete understanding with respect to the supply, installation, and payment for the hard surface work.

SCOPE OF WORK

Service Provider shall furnish all labor, materials, equipment, supervision, and incidentals necessary to perform the hard surface work described below at the property located at:

MATERIALS AND SUPPLY

Materials supplied by: Provider Client

If Client supplies materials, Client warrants they are suitable for intended use. Service Provider is not responsible for defects attributable to Client-supplied materials.

PAYMENT TERMS

Contract Price (Total):

Deposit required prior to commencement:

Late payment fee: . Unpaid balances shall accrue interest as specified and may be subject to collection costs, including reasonable attorney fees.

Payment method:

TERM AND TERMINATION

Commencement Date: . Anticipated 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. Termination for convenience by Client requires days' prior written notice and payment for work performed and materials committed as of the termination date.

CONFIDENTIALITY

Each party shall keep confidential all non-public business and technical information disclosed by the other party in connection with this Agreement and shall not use such information except to perform its obligations. Confidential information does not include information that: (a) is or becomes publicly available through no breach by the receiving party; (b) is lawfully received from a third party without restriction; or (c) is independently developed by the receiving party without reference to the confidential information.

Upon termination or request, the receiving party shall promptly return or destroy confidential materials and certify in writing that such return or destruction has occurred.

INSURANCE AND RISK ALLOCATION

Service Provider shall maintain at its expense commercial general liability insurance and workers' compensation coverage as required by law. Service Provider shall provide proof of insurance upon Client's written request. Risk of loss for materials on site shall transfer to Client upon delivery unless otherwise agreed in writing.

WARRANTY; LIMITATION OF LIABILITY

Service Provider warrants that work performed will be free from defects in workmanship for a period of from completion, subject to normal wear and tear and Client's adherence to maintenance instructions. Manufacturer warranties for materials, if any, are assigned to Client to the extent assignable.

Except for the express warranty stated above, Service Provider disclaims all other warranties, express or implied. In no event shall either party be liable to the other for consequential, incidental, punitive, or special damages, and aggregate liability shall not exceed the amount paid under this Agreement for the specific work giving rise to the claim.

INDEMNIFICATION

Each party shall indemnify, defend and hold harmless the other party from and against third-party claims, losses, damages, liabilities, and expenses (including reasonable attorney fees) arising out of the indemnifying party's negligence or willful misconduct in performance of this Agreement.

GOVERNING LAW

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

ENTIRE AGREEMENT; AMENDMENT

This Agreement, including all attachments and change orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements. No amendment shall be effective unless in writing and signed by authorized representatives of both parties.

NOTICES

All notices under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate by written notice. Notices are effective upon personal delivery, confirmed electronic delivery, or three business days after deposit in the U.S. mail, postage prepaid.

SEVERABILITY; SURVIVAL

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Provisions that by their nature survive termination or expiration of this Agreement shall so survive, including but not limited to payment obligations, confidentiality, indemnification, and limitation of liability.

ADDITIONAL TERMS

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