Miscellaneous Industrial Finishes Document

MISCELLANEOUS INDUSTRIAL FINISHES AGREEMENT

Effective Date:

PARTIES

Client Name:

Contractor Name:

RECITALS

WHEREAS, Client engages Contractor to perform industrial finishing services, including but not limited to surface preparation, corrosion control, coating application and curing, in accordance with the specifications set forth herein; and

WHEREAS, Contractor represents that it possesses the necessary experience, personnel, equipment and certifications to perform the work in a good and workmanlike manner and in compliance with applicable industry standards and regulatory requirements; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will perform such work and Client will pay for the services rendered.

SCOPE OF WORK

Contractor shall perform the work described below and in any attachments incorporated into this Agreement. Work shall include labor, materials, equipment, supervision and quality control necessary to complete the finishes described.

Applicable Standards (check all that apply):

PAYMENT TERMS

All payments are due in lawful currency. Client may not withhold payment for claims that can be remedied under the dispute resolution provisions of this Agreement.

CHANGE ORDERS

TERM AND TERMINATION

Term Commencement: . Anticipated Completion or Term End:

Termination for Cause: The non-breaching party may terminate this Agreement if the breaching party fails to cure a material breach within days after written notice. Termination shall not relieve Client of its obligation to pay for work properly performed prior to termination.

CONFIDENTIALITY

Each party shall hold in confidence all technical, commercial and proprietary information disclosed by the other party and shall not disclose such information except to employees and subcontractors who need access to perform this Agreement and who are bound to maintain confidentiality. Confidential information shall remain confidential for a period of years from the date of disclosure, except as required by law.

INSPECTION, ACCEPTANCE AND WARRANTY

Contractor warrants that work performed under this Agreement shall conform to the specifications and shall be free from defects in materials and workmanship for a period of one (1) year from final acceptance, unless a different warranty period is expressly stated herein. Client shall inspect delivered work within ten (10) business days and shall provide written notice of any nonconformity.

INDEMNITY AND LIABILITY

Contractor shall indemnify and hold Client harmless from claims arising out of Contractor's negligent acts, omissions, or willful misconduct in performing the work. Each party's liability under this Agreement shall be limited to direct damages; neither party shall be liable for consequential, incidental or punitive damages except for liability arising from gross negligence or willful misconduct.

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 provisions.

ENTIRE AGREEMENT

This Agreement, together with any schedules, specifications and attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, representations or agreements, whether written or oral. Any amendment must be in writing and signed by authorized representatives of both parties.

DISPUTE RESOLUTION

The parties shall attempt to resolve disputes amicably by negotiation. If unresolved within thirty (30) days, disputes shall be submitted to binding arbitration in accordance with the parties' agreement and the laws of the governing state.

Sign Now