Miscellaneous Baluster Template

Miscellaneous Baluster Template

This Agreement is entered into as of Effective Date: by and between Client Name: and Contractor Name: .

WHEREAS

WHEREAS, Client requires the supply and/or installation of balusters and related components for the Project located at: (the "Project"); and

WHEREAS, Contractor represents that it possesses the skill, experience, equipment and facilities necessary to manufacture, supply and, if required, install balusters in accordance with the specifications, drawings and schedule set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows.

Scope of Work

Specifications and Itemization

Provide product line items, quantities, unit prices and finishes. Parties may attach technical drawings as exhibits and those exhibits will form part of this Agreement.

Payment Terms

Contract Price (total): $

Deposit required prior to commencement: $ . Final payment due within days of acceptance.

Late payment shall incur interest at per month on any outstanding balance, compounded monthly, plus any collection costs and reasonable attorney fees incurred to enforce payment.

Term and Termination

Contract Start Date: .

Contract End Date: .

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within days after written notice. Termination shall not relieve Client of payment for work performed or for non‑cancelable materials ordered prior to termination.

Delivery, Inspection and Acceptance

Delivery terms: Contractor shall deliver goods to Project location by the delivery schedule set forth in the Scope of Work. Risk of loss shall remain with Contractor until delivery and offloading are complete.

Client shall inspect delivered goods within days. Failure to provide written rejection with specific deficiencies within that period shall constitute acceptance.

Warranties

Contractor warrants that supplied balusters shall be free from defects in material and workmanship for a period of from the date of acceptance. Remedies are limited to repair or replacement at Contractor's option unless otherwise agreed in writing.

Confidentiality

Each party shall maintain in confidence all non-public technical, business and pricing information disclosed by the other party and shall not use such information except to perform its obligations under this Agreement. Confidential information shall not include information that becomes public through no fault of the receiving party or that the receiving party lawfully obtained from a third party.

Insurance and Indemnity

Contractor shall maintain commercial general liability insurance and workers' compensation as applicable. Contractor shall indemnify and hold Client harmless from claims arising out of Contractor's negligence in the performance of the Work, subject to any agreed monetary limitations set forth in writing.

Change Orders

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.

Entire Agreement

This Agreement, including any exhibits and accepted change orders, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, representations or agreements, whether written or oral. No amendment shall be effective unless in writing and signed by authorized representatives of both parties.

Notices

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