Legal Contract Jb Sash

LEGAL CONTRACT JB SASH

This Service Contract (the "Contract") is made effective as of by and between Contractor Name: whose principal place of business is and Client Name: whose address for notices is .

RECITALS

WHEREAS, Contractor is engaged in the business of manufacturing, supplying and installing sash windows and related services and possesses the skill, personnel and equipment necessary to perform such work; and

WHEREAS, Client desires to retain Contractor to perform the Work described herein at the project location: and Contractor is willing to perform such Work under the terms and conditions set forth in this Contract; and

WHEREAS, the parties intend that the terms of their agreement be reduced to writing and enforceable as a contract.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

1. Definitions

In this Contract, unless the context otherwise requires: "Work" means the supply, fabrication, delivery and installation of sash units, trim, glazing and associated materials described in the Scope of Work; "Contract Price" means the total compensation payable to Contractor under Section 3; "Change Order" means a written amendment to the Scope of Work signed by both parties.

2. Scope of Work

Contractor shall furnish all labor, materials, equipment and supervision necessary to perform the Work at the project location in a good and workmanlike manner consistent with industry standards. All materials supplied shall be new unless otherwise agreed in writing.

3. Contract Price and Payment

Unless otherwise set forth above, Client shall pay invoices within thirty (30) days of receipt. Late payments shall incur interest at the lesser of one percent (1%) per month or the maximum permitted by law. Contractor may suspend performance for nonpayment after providing ten (10) days' written notice.

4. Change Orders

Any change to the Work, Contract Price, or schedule must be made by written Change Order signed by authorized representatives of both parties. Contractor shall be entitled to additional time and compensation for any change resulting from conditions not reasonably foreseeable at the time of execution of this Contract.

5. Schedule and Completion

Time is of the essence for the timely performance of the Work. Contractor shall notify Client in writing of any delays outside Contractor's control and shall be entitled to a reasonable extension of time.

6. Warranties

Contractor warrants that materials furnished under this Contract will be of good quality and that the Work will be performed in a workmanlike manner for a period of from the date of substantial completion. This warranty does not cover defects or damage resulting from abuse, misuse, normal wear and tear, or alterations by others.

7. Insurance and Compliance

Contractor shall maintain, at its expense, commercial general liability insurance with limits not less than $1,000,000 per occurrence and workers' compensation as required by applicable law. Contractor shall comply with all applicable laws, regulations and building codes in the performance of the Work.

8. Indemnification

Contractor shall indemnify, defend and hold harmless Client and its officers, agents and employees from and against claims, damages, losses and expenses, including reasonable attorneys' fees, arising out of or resulting from the negligent acts or omissions of Contractor in the performance of the Work, except to the extent caused by the negligence or willful misconduct of Client.

9. Limitation of Liability

Except for liability arising from Contractor's gross negligence or willful misconduct, in no event shall either party be liable for consequential, incidental, special or punitive damages. Contractor's aggregate liability arising out of or related to this Contract shall not exceed the Contract Price paid by Client.

10. Termination

Either party may terminate this Contract for material breach by the other party if the breaching party fails to cure such breach within days after receipt of written notice specifying the breach. Upon termination for Client's failure to pay, Contractor shall be entitled to payment for Work performed and costs incurred prior to termination.

11. Confidentiality

Each party shall keep confidential and shall not disclose to any third party any non-public information obtained from the other party in connection with this Contract, except as required by law or to perform the Work.

12. Notices

Notices under this Contract shall be in writing and delivered by hand, by nationally recognized overnight courier, or by certified mail, return receipt requested, to the addresses set forth at the beginning of this Contract or to such other address as a party may designate in writing. Notices shall be deemed given upon receipt.

13. Amendments; Waiver; Counterparts

This Contract may be amended or modified only by a written instrument signed by both parties. No waiver of any term or breach shall be effective unless in writing and signed by the waiving party. This Contract may be executed in counterparts, each of which shall be an original and all of which together shall constitute one instrument.

14. Governing Law; Venue

This Contract shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in that State for any dispute arising out of this Contract.

15. Entire Agreement; Severability

This Contract, including the Scope of Work and any Change Orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, whether written or oral. If any provision of this Contract is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Miscellaneous

The headings used in this Contract are for convenience only and shall not affect the interpretation of this Contract. Each party represents that it has the authority to enter into this Contract.

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