Installation Agreement Tile Install

INSTALLATION AGREEMENT — TILE INSTALL

Parties and Contact Information

Recitals

WHEREAS, Client requires professional tile installation services at the property located at ; and

WHEREAS, Contractor represents that Contractor is duly licensed, bonded and insured to perform tile installation and related services, and has the experience and ability to perform the work described herein; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will perform the installation and Client will pay for such services.

Scope of Work

Contractor shall furnish all labor, materials, supervision, tools, equipment and services necessary to complete the tile installation described below in a workmanlike manner in accordance with industry standards. The scope includes removal of existing flooring only if expressly stated and noted in Materials and Exclusions below.

Payment Terms

Total Contract Price: $

Deposit: $ due on or before .

Balance and schedule: The remaining balance shall be paid in accordance with the payment schedule below. Final payment is due upon substantial completion and prior to final cleanup and removal of Contractor's equipment unless otherwise agreed in writing.

Late Payment: Any amount not paid when due shall accrue a late fee of percent per month after a grace period of days. Client shall be responsible for all collection costs, including reasonable attorney fees.

Term and Termination

This Agreement commences on and, unless earlier terminated in accordance with this Agreement, shall continue until the Work is completed by the Contractor and accepted by the Client or until .

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure within days after written notice. Client may terminate for convenience upon written notice; in such event Client shall pay Contractor for Work performed, materials ordered, and reasonable demobilization costs.

Change Orders

Any change to the Scope of Work, materials, or price must be documented in a written change order signed by both parties. Change orders shall specify price adjustments, schedule impacts, and any other modifications.

Warranties and Inspection

Contractor warrants that workmanship performed under this Agreement shall be free from defects for a period of months from substantial completion. Manufacturer warranties for tiles and materials shall be assigned or passed through to the Client to the extent transferable.

Client shall inspect the Work within days of Contractor's notice of substantial completion and shall provide a written punch list of defects within that period or be deemed to have accepted the Work.

Confidentiality

Each party shall treat as confidential all non-public information obtained from the other party in connection with performance of this Agreement. Confidential information shall not include information that is publicly known through no breach of this Agreement or independently developed without use of the other party's confidential information. The receiving party shall use confidential information only for purposes of performing under this Agreement.

Insurance; Independent Contractor

Contractor shall maintain commercial general liability, workers' compensation and automobile insurance in amounts reasonable for the scope of work and shall provide certificates of insurance upon request. Contractor is an independent contractor and not an agent or employee of Client.

Governing Law

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.

Limitation of Liability; Indemnity

Except for Contractor's willful misconduct or gross negligence, Contractor's liability for any claim arising out of this Agreement shall be limited to direct damages not to exceed the total amount paid by Client to Contractor under this Agreement. Contractor shall indemnify and hold Client harmless from claims arising from Contractor's negligent acts, omissions or breaches of law in performance of the Work.

Entire Agreement; Modification

This Agreement, together with any signed change orders, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations, proposals and agreements, whether written or oral. Any modification must be in writing and signed by both parties.

Dispute Resolution

The parties shall first attempt to resolve disputes through good faith negotiation. If unresolved, disputes may be resolved by mediation. If mediation fails, either party may pursue any available legal or equitable remedies in a court of competent jurisdiction in the state identified under Governing Law.

Acceptance

Acceptance of this Agreement is evidenced by signatures of authorized representatives of both parties below. By signing, each party acknowledges that they have read, understood and agree to be bound by the terms and conditions set forth herein.

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