Installation Service Kit

Installation Service Kit

This Installation Service Kit Agreement (the "Agreement") is entered into as of the Effective Date and is made by and between Service Provider: and Client Name: . Service Address: .

RECITALS

WHEREAS, Service Provider is engaged in the business of supplying installation kits, tools, materials and performing installation services for equipment and systems consistent with industry practice; and

WHEREAS, Client desires to procure from Service Provider an installation service kit and related installation services at the Service Address under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties intend to allocate responsibilities, define the kit contents, establish payment terms, and set acceptance criteria for completed installations.

SCOPE OF WORK

Installer shall supply the items listed above, deliver the kit to the Service Address, perform installation in accordance with the Scope of Work, perform functional testing, and provide Client with an itemized inventory and installation report upon completion.

ACCESS, PERMITS, AND SAFETY

Required permits obtained by:

PAYMENT TERMS

Late payments shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. Late fee (flat if applicable):

TERM AND TERMINATION

Term Commencement Date: . Term End Date (if applicable): .

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within the notice period provided above. Termination for convenience by Client requires payment for all work performed and non-cancelable kit items purchased or committed.

CONFIDENTIALITY

Each party shall maintain as confidential all non-public information disclosed by the other party in connection with this Agreement, including kit lists, pricing, installation methodology, and Client system details ("Confidential Information"). Confidential Information shall not include information that is or becomes publicly available other than by breach of this Agreement, independently developed without use of the other's Confidential Information, or rightfully received from a third party without obligation of confidentiality.

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

WARRANTY AND LIMITATION OF LIABILITY

Service Provider warrants that installation services will be performed in a professional manner consistent with prevailing industry standards for a period of ninety (90) days following completion. Manufacturer warranties for kit components shall be assigned to Client to the extent assignable. EXCEPT FOR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE AGGREGATE LIABILITY OF SERVICE PROVIDER FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY CLIENT TO SERVICE PROVIDER UNDER THIS AGREEMENT.

ACCEPTANCE; COMPLETION

Final Acceptance Date (upon successful completion and testing):

GOVERNING LAW; ENTIRE AGREEMENT

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

This Agreement, including any attachments and schedules executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

NOTICES

MISCELLANEOUS

Assignment: Neither party may assign this Agreement without the prior written consent of the other, except that Service Provider may assign to an affiliate or in connection with a sale of substantially all of its assets.

Severability: If any provision is held invalid, the remaining provisions shall remain in full force and effect.

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