Miscellaneous Fascia Flashing Template

MISCELLANEOUS FASCIA FLASHING TEMPLATE

This Miscellaneous Fascia Flashing Agreement ("Agreement") is entered into effective as of by and between Client Name: and Contractor Name: .

RECITALS

WHEREAS, Client requires supply and installation of fascia flashing and associated trim, flashing terminations, and weatherproofing as described in the Scope of Work; and

WHEREAS, Contractor represents that it has the experience, skill, and necessary licenses, permits, equipment, and insurance to perform the Work in accordance with industry standards; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will perform the Work and Client will pay Contractor.

SCOPE OF WORK

Contractor shall provide all labor, materials, tools, equipment, supervision, and safety protection necessary to complete the fascia flashing work at the job site identified below in accordance with this Agreement and applicable building codes. The Work includes, without limitation, removal of existing failing flashing where indicated, installation of new fascia flashing, sealants, fasteners, and flashings to effect a weather-tight termination.

Contractor-supplied standard-grade metal flashing
Special-order materials (describe below)

PAYMENT TERMS

The total contract price for the Work shall be $ (the "Contract Price"), subject to adjustments for authorized Change Orders.

Client shall pay a deposit of which represents of the Contract Price, due upon execution of this Agreement.

Final payment of $ is due upon completion of the Work and after Client inspection and acceptance as provided below. Payments are due within days of invoice date.

Past-due amounts shall accrue interest at the rate of per month (or the maximum permitted by law), plus a late charge of $ .

TERM AND TERMINATION

The term of this Agreement shall commence on Start Date: and shall continue until End Date: unless earlier terminated as provided herein.

Either party may terminate this Agreement for convenience upon providing the other party with written notice at least days prior to the intended termination date. Upon termination, Contractor shall be entitled to payment for Work performed and materials purchased to date, less applicable credits.

Either party may terminate for material breach if the breaching party fails to cure the breach within fourteen (14) days of written notice specifying the breach, provided that cure is feasible.

CONFIDENTIALITY

Each party shall keep confidential all non-public business information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given its nature ("Confidential Information"). Confidential Information shall not include information that is (a) already known to the recipient without obligation of confidentiality, (b) becomes publicly known through no fault of the recipient, or (c) is rightfully received from a third party without restriction. Recipient shall not use Confidential Information for any purpose other than performing obligations under this Agreement and shall take reasonable measures to protect such information.

CHANGES / CHANGE ORDERS

All changes to the Scope of Work or Contract Price must be made by written Change Order signed by both parties. Contractor shall not be obligated to perform Work beyond the agreed Scope without a signed Change Order. Change Orders shall describe the changed work, price adjustment, and any adjustment to schedule.

WARRANTY

Contractor warrants that the Work will be free from defects in workmanship for a period of from the date of completion, subject to normal wear and tear, misuse, or damage from external causes. Manufacturer warranties for materials shall be passed through to Client to the extent assignable.

INSURANCE AND INDEMNITY

Contractor shall maintain at its expense general liability and workers' compensation insurance as required by law and appropriate to the Work. Contractor agrees to indemnify, defend, and hold harmless Client from and against claims arising from Contractor's negligent performance of the Work, except to the extent caused by Client's negligence or willful misconduct. Client may request proof of insurance prior to commencement of Work.

Yes, Client requests proof of insurance prior to start.

INSPECTION AND ACCEPTANCE

Upon substantial completion of the Work, Contractor shall notify Client for inspection. Client shall inspect the Work within days and either accept the Work in writing or provide a written punch list of items to be corrected. Final payment is conditioned upon Client's acceptance as provided herein.

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, together with any written Change Orders and attachments signed by the parties, constitutes the entire agreement between Client and Contractor with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

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