Home Improvement Fireplace Insert

HOME IMPROVEMENT FIREPLACE INSERT AGREEMENT

This Home Improvement Fireplace Insert Agreement (the "Agreement") is entered into on this by and between:

Client Name:

Contractor Name:

Project Address:

WHEREAS

WHEREAS, Client desires to purchase and have installed at the Project Address a fireplace insert and related modifications as set forth in this Agreement; and

WHEREAS, Contractor is duly licensed and qualified to supply materials and perform the installation, workmanship, and ancillary services described herein; and

WHEREAS, the parties desire to set forth their respective rights and obligations in writing.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and services necessary to supply and install a fireplace insert and perform related work at the Project Address. The Scope of Work includes, without limitation, removal of existing insert/firebox components (if applicable), installation of the new fireplace insert, required venting and flue adjustments, hearth and surround modifications, gas or electrical connections (if specified), cleanup, and issuance of completion documentation as required by local code.

MATERIALS, WORKMANSHIP AND PERMITS

All materials supplied shall be new unless otherwise agreed in writing. Contractor warrants that workmanship shall be performed in a professional and workmanlike manner consistent with industry standards. Contractor shall obtain and pay for all permits and inspections required by applicable law unless otherwise indicated in writing. Client shall be responsible for any additional fees imposed by authorities having jurisdiction beyond standard permit fees.

SCHEDULE

Work shall commence no later than unless otherwise mutually agreed in writing. Estimated completion date: . Contractor will use commercially reasonable efforts to meet the schedule but shall not be liable for delays due to weather, supplier shortages, permit delays, or other events beyond Contractor's control.

PAYMENT TERMS

Total contract price: $

Late payment fee: . Payments not received within days of invoice due date will incur the stated charge. Client expressly authorizes Contractor to suspend work for nonpayment following written notice if amounts due are not timely paid.

CHANGE ORDERS

Any modification to the Scope of Work, materials, or price must be authorized in writing by both parties as a Change Order. Change Orders shall state adjusted price, change to schedule, and any other material terms. Contractor shall not be required to perform work beyond the agreed Scope of Work without a signed Change Order.

WARRANTY

Contractor warrants labor performed for a period of months from completion. Manufacturer warranties for the fireplace insert and components are separate and assignable to Client to the extent permitted. Contractor's warranty covers repair or re-performance of defective workmanship only and excludes damage caused by misuse, alteration, acts of God, or lack of maintenance.

INSURANCE, INDEMNITY AND LIMITATION OF LIABILITY

Contractor shall maintain commercial general liability and workers' compensation insurance in amounts consistent with industry practice. Contractor agrees to indemnify and hold Client harmless from claims arising from Contractor's negligent acts, omissions, or willful misconduct in performing the work. Notwithstanding anything to the contrary, neither party shall be liable to the other for consequential, incidental, or punitive damages; aggregate direct liability is limited to the total amount paid under this Agreement.

COMPLETION AND ACCEPTANCE

Upon substantial completion, Contractor will notify Client in writing and provide required documentation. Client shall inspect the work within days and either issue final payment or provide written notice of deficiencies. Failure to timely notify Contractor of deficiencies shall constitute acceptance of the work.

CONFIDENTIALITY

Each party acknowledges that certain information exchanged in connection with this Agreement may be confidential. Except as required by law or necessary to perform the Scope of Work, the receiving party shall not disclose confidential information to third parties and shall take reasonable precautions to protect such information.

TERM AND TERMINATION

This Agreement shall commence on the Effective Date set forth above and shall terminate upon final completion and acceptance of the Scope of Work, unless earlier terminated as provided herein. Either party may terminate for convenience upon days' prior written notice. If termination is for cause due to material breach, the non-breaching party may terminate immediately following written notice and a failure to cure within a reasonable cure period if applicable.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement, including all exhibits and written Change Orders executed by the parties, constitutes the entire agreement between Client and Contractor with respect to the subject matter hereof and supersedes all prior negotiations, representations, and agreements, whether written or oral. Any amendment must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Contractor may assign to an affiliate or in connection with a sale of substantially all of Contractor's assets.

Notices required under this Agreement shall be in writing and delivered to the addresses below.

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