Miscellaneous Cabinet Details

MISCELLANEOUS CABINET DETAILS

Parties and Contact Information

Effective Date:

WHEREAS

WHEREAS, Client Name: seeks certain cabinet goods and associated services as set forth in this agreement; and

WHEREAS, Provider Name: is duly qualified to supply, fabricate, deliver and, if applicable, install such cabinets under the terms and conditions contained herein; and

WHEREAS, the parties desire to set forth the details of cabinet specifications, pricing, schedule and obligations in writing.

Scope of Work

Provider shall furnish the goods and perform the work described below in a professional manner consistent with industry standards. Detailed description, fabrication tolerances, installation responsibilities, and finish requirements shall be documented in the Scope of Work field.

Cabinet Itemization

Provide itemized cabinet details below. Each listed item represents a discrete deliverable and is subject to the acceptance criteria in the Scope of Work.

Payment Terms

The parties agree the contract price, payment schedule and remedies for nonpayment are as follows.

Provider retains a security interest in delivered goods until payment in full. Any costs of collection, including reasonable attorneys' fees, incurred by Provider to enforce payment are payable by Client.

Term and Termination

This agreement commences on Start Date: and continues until End Date: unless earlier terminated in accordance with this section.

Either party may terminate for material breach if the breaching party fails to cure such breach within Notice Period (days): days following written notice. Provider may suspend performance for nonpayment after ten (10) days' written notice.

Confidentiality

Each party shall maintain as confidential all proprietary business information and trade secrets disclosed in connection with this agreement, whether written or oral, that are designated as confidential or that reasonably should be understood to be confidential given the nature of the information ("Confidential Information"). Confidential Information excludes information that (i) is or becomes generally available to the public through no fault of the receiving party; (ii) is rightfully received from a third party without restriction; (iii) is independently developed by the receiving party without use of Confidential Information; or (iv) is required to be disclosed by law, provided the receiving party gives prompt notice to the disclosing party and cooperates in any lawful attempt to limit disclosure.

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 laws principles. The parties agree to attempt good faith negotiation of disputes prior to commencing litigation; nothing prevents either party from seeking injunctive relief where appropriate.

Representations and Warranties

Each party represents that it has the full right, power and authority to enter into this agreement and that performance will not violate any other agreement or legal obligation. Provider warrants that materials and workmanship will conform to the specifications set forth in the Scope of Work for a period of Warranty Period (months): months from acceptance.

Entire Agreement

This document, together with any attachments and accepted change orders executed in writing by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. No modification of this agreement shall be effective unless in writing and signed by authorized representatives of both parties.

Notice

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 by written notice to the other; notices shall be effective upon receipt.

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