Installation Instructions

INSTALLATION INSTRUCTIONS

Client Name:    Contractor Name:

RECITALS

WHEREAS, Client has engaged Contractor to perform installation services for the equipment and systems described herein at the installation location; and

WHEREAS, Contractor represents that it has the necessary qualifications, experience, personnel and licenses to perform the installation in accordance with accepted industry standards, manufacturer requirements and applicable laws and regulations; and

WHEREAS, the parties desire to set forth the specifications, schedule, payment terms, and conditions under which the installation shall be performed and accepted.

SCOPE OF WORK

EQUIPMENT, MATERIALS AND PREPARATION

Equipment to be installed (make, model, serial numbers, if applicable):

INSTALLATION SCHEDULE

Anticipated Start Date:    Estimated Completion Date:

PAYMENT TERMS

Total Contract Amount: $

Late Payment Fee: on unpaid balances after days.

RESPONSIBILITIES AND SAFETY

ACCEPTANCE AND TESTING

Final acceptance shall occur upon completion of the tests described above and upon execution of a written acceptance certificate signed by Client, or upon the passage of calendar days following substantial completion if no written rejection is provided.

TERM AND TERMINATION

Agreement Start Date:    Agreement End Date (if any):

Either party may terminate this agreement for material breach if the breaching party fails to cure within days after written notice. Termination for convenience by Client requires days prior written notice and payment for work performed and materials ordered through the termination date.

CONFIDENTIALITY

Each party shall keep confidential all non-public technical, business and financial information disclosed in connection with the installation ("Confidential Information"), shall not disclose such Confidential Information to any third party except as required by law or court order, and shall use Confidential Information solely for the purposes of performing this agreement. Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was rightfully in the receiving party's possession prior to disclosure, or was independently developed without use of the disclosing party's Confidential Information.

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 laws principles. Venue for any dispute arising under this agreement shall lie exclusively in the state or federal courts located within that State.

ENTIRE AGREEMENT

This document, including any attachments and exhibits executed by the parties, constitutes the entire agreement between Client and Contractor with respect to the installation services described herein and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

LIMITATION OF LIABILITY AND WARRANTY (SUMMARY)

Contractor warrants that the installation work will be free from material defects in workmanship for a period of from final acceptance. Except for fraud or willful misconduct, Contractor's aggregate liability for claims arising from this agreement shall not exceed the total amount paid by Client to Contractor under this agreement. The foregoing limitation shall survive termination of this agreement.

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