Materialmen Supply List

Materialmen Supply List and Supply Agreement

Supplier Name:    Contractor Name:

RECITALS

WHEREAS, Supplier has furnished or will furnish materials, supplies, or equipment described herein for use in connection with the Project identified above; and

WHEREAS, Contractor has ordered or agreed to accept such materials for use on the Project and to compensate Supplier in accordance with the terms set forth in this agreement; and

WHEREAS, the parties desire to set forth the particulars of the materials supplied, the payment obligations, and the rights of Supplier to preserve and assert any statutory lien or claim where applicable.

SCOPE OF WORK

Supplier shall furnish the materials described in the Materialmen Supply List below for incorporation into or use on the Project. Supplier's responsibilities are limited to the provision, delivery, and reasonable unloading at the Project site of the materials listed, unless expressly stated otherwise in writing.

MATERIALMEN SUPPLY LIST

The following is an itemized list of materials supplied or to be supplied by Supplier for the Project. Each line reflects the material description, date supplied, quantity, unit, unit price, and line total. Supplier certifies that entries are true and correct to the best of Supplier's knowledge.

PAYMENT TERMS

Contractor shall pay Supplier for the materials set forth above in accordance with the amounts shown in Total Due. All payments shall be made in U.S. currency to Supplier at the Supplier Address above unless otherwise agreed in writing.

Late payments shall incur a late fee and interest: a late fee of and interest at per month on any unpaid balance, calculated from the invoice due date until paid. Supplier reserves the right to suspend further deliveries for overdue accounts after providing written notice.

TERM AND TERMINATION

This Agreement commences on Start Date and continues until the completion of deliveries and final payment, unless earlier terminated in accordance with this section.

Start Date:    End Date:

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the notice period specified above after receipt of written notice describing the breach.

CONFIDENTIALITY

Each party acknowledges that it may receive confidential or proprietary information from the other. Except as required for performance or by applicable law, neither party shall disclose such information to third parties or use it for any purpose other than performance under this Agreement. Confidential information does not include information that is publicly available through no fault of the receiving party or independently developed by the receiving party 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 conflict of laws principles. Venue for any dispute arising under this Agreement shall be in the state or federal courts located in that jurisdiction.

ENTIRE AGREEMENT

This Agreement, together with the Materialmen Supply List and any written amendments executed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, and agreements, whether written or oral. Any modification must be in writing and signed by both parties.

SUPPLIER CERTIFICATION

Supplier certifies that the materials listed above were furnished for the Project identified above and that the listed amounts are just and true. Supplier further certifies that Supplier retains all rights to assert any statutory mechanic's or materialmen's lien and that Supplier will comply with any applicable notice or filing requirements in a timely manner, unless otherwise agreed in writing.

I certify under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

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