Miscellaneous Door Closer Template

MISCELLANEOUS DOOR CLOSER AGREEMENT

Parties

Recitals

WHEREAS, Client Name: owns or manages the premises located at Project Address: (the "Premises");

WHEREAS, Contractor Name: is experienced in supplying, installing and servicing door closers and related hardware; and

WHEREAS, Client desires to engage Contractor to furnish and install door closer equipment and related services on the terms and conditions set forth in this Agreement effective as of Effective Date: .

Scope of Work

Contractor shall furnish all labor, materials, tools, equipment, permits and supervision necessary to perform the work described below. Contractor's obligations include removal and disposal of existing door closers where indicated, delivery and installation of new door closers, adjustment, commissioning and testing for compliance with building and fire code requirements, and a final acceptance inspection by Client.

Equipment and Site Information

Door Closer Model:    Quantity:    Installation Location(s):

Unit Price: $    Estimated Total Price: $

Payment Terms

Client shall pay Contractor the amounts set forth above in accordance with the following schedule. All amounts are exclusive of applicable taxes unless otherwise stated.

Late Payment: Unpaid amounts shall accrue interest at % per month (or the maximum permitted by law), calculated monthly on past due balances. Client shall also be responsible for any collection costs, including reasonable attorneys' fees.

Term and Termination

Term Commencement Date:    Term Expiration Date:

Either party may terminate this Agreement for material breach that is not cured within days after written notice. Additionally, either party may terminate for convenience with days' prior written notice; in such event Contractor shall be paid for work performed and materials purchased up to the effective date of termination, subject to reasonable documentation and offsets.

Acceptance, Warranty and Testing

Acceptance Testing: Upon completion, Contractor will perform functional and code-compliance testing. Client shall have days from completion to inspect and notify Contractor in writing of nonconformities. Absent timely notice, work shall be deemed accepted.

Manufacturer Warranty: months. Contractor Warranty: Contractor warrants workmanship for months from acceptance. Warranty obligations are limited to repair or replacement at Contractor's expense, provided Client gives prompt written notice and affords Contractor opportunity to inspect.

Confidentiality

Each party shall keep confidential and not disclose proprietary information regarding the other party's business or the terms of this Agreement, except as required by law or to employees, subcontractors or professional advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those herein. Confidential information does not include information that is or becomes generally known to the public other than by breach of this clause.

Indemnification and Insurance

Contractor shall indemnify, defend and hold harmless Client from third-party claims arising out of Contractor's breach or negligent performance, subject to Client's compliance with notice and mitigation obligations. Contractor shall maintain general liability insurance with limits not less than $ and provide certificates upon request.

Compliance with Laws

Contractor shall perform all work in compliance with applicable building, fire and accessibility codes, manufacturer instructions and industry standards. Contractor is responsible for securing permits and inspections unless otherwise agreed in writing.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

Entire Agreement

This Agreement, including any attachments or documents incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals and representations, whether written or oral. Any amendments must be in writing and signed by authorized representatives of both parties.

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