Kitchen Countertop Agreement

KITCHEN COUNTERTOP AGREEMENT

This Kitchen Countertop Agreement (the "Agreement") is entered into as of the Effective Date below by and between the parties identified herein.

Parties

Recitals

WHEREAS, Client desires to retain Contractor to fabricate, supply and install kitchen countertop surfaces at the project location described below in accordance with the terms and conditions set forth in this Agreement;

WHEREAS, Contractor represents that it has the experience, skill, and licensing required to perform the services and shall perform such services in a professional and workmanlike manner consistent with industry standards;

WHEREAS, the parties wish to set forth their entire agreement regarding the supply, fabrication and installation of countertops, payment, warranties and related matters.

Project and Scope of Work

Materials to be supplied by Contractor:    Fabrication tolerances and seam locations per industry practice and as agreed on template sign-off.

Payment Terms

Total Contract Price: $ (U.S. dollars)

Deposit: $ due upon signing; balance due in accordance with the schedule below.

Late Payment: Any undisputed amount not paid when due shall bear interest at (or the maximum rate permitted by law) and Contractor may suspend work after days' written notice.

Change Orders

Any material change to the Scope of Work, materials, or schedule shall be made only by written change order signed by both parties. Change orders may adjust the Contract Price and/or schedule; Contractor is not bound to perform extra work without a signed change order.

Schedule and Completion

Estimated Start Date: . Estimated Completion Date: . Contractor shall use commercially reasonable efforts to meet the schedule but shall not be liable for delays caused by events beyond its control.

Warranties; Remedies

Contractor warrants that materials and workmanship furnished under this Agreement shall be free from defects for a period of from completion, subject to normal wear and misuse exclusions. Warranty does not cover damage from abuse, heat, impact, chemical exposure, or settlement of the structure. Remedies are limited to repair or replacement at Contractor's discretion.

Insurance and Indemnity

Contractor shall maintain general liability and worker's compensation insurance in amounts customary for the trade. Contractor shall indemnify and hold Client harmless from claims to the extent caused by Contractor's negligence or willful misconduct, provided Client gives prompt notice and cooperates in defense.

Term and Termination

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

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

Confidentiality

Each party shall treat as confidential all non-public business, technical and pricing information disclosed by the other party in connection with the performance of this Agreement, and shall not disclose such information to third parties except to employees, subcontractors and advisors who need to know and are bound by equivalent confidentiality obligations. Confidentiality obligations do not apply to information that is or becomes public through no breach by the receiving party or is required to be disclosed by law.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties shall attempt in good faith to resolve disputes promptly through negotiation; if unresolved, disputes shall be resolved in the state or federal courts located in the county where the Project Address is located.

Entire Agreement; Severability

This Agreement, including any executed change orders and attachments, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations and representations. If any provision is held invalid, the remaining provisions shall continue in full force and effect.

Notices

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

Acknowledgement

By signing below, the parties acknowledge that they have read and understand this Agreement, that they have the authority to bind the party for whom they sign, and that they accept the terms and conditions set forth herein.

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