Miscellaneous Sand & Gravel Contract

MISCELLANEOUS SAND & GRAVEL CONTRACT

This Miscellaneous Sand & Gravel Contract (the Agreement) is entered into effective as of by and between Client Name: with principal address at (Client), and Contractor Name: with principal address at (Contractor). Collectively referred to as the Parties.

RECITALS

WHEREAS, Client requires supply and delivery of sand and/or gravel for use in construction, landscaping, or related applications under the terms set forth herein;

WHEREAS, Contractor is engaged in the business of supplying, loading and delivering sand and gravel and represents that it has the equipment, personnel, and permits necessary to perform the work described in this Agreement;

WHEREAS, the Parties desire to set forth the terms, conditions, and payment provisions governing the supply, delivery, and acceptance of material under this Agreement.

SCOPE OF WORK

Contractor will furnish, load, transport, and deliver sand and/or gravel in accordance with the specifications, quantities, and delivery schedule described below and in any purchase orders issued under this Agreement. Contractor shall perform all work in a commercially reasonable manner, in compliance with applicable laws and industry standards.

QUANTITY AND PRICING

Estimated quantity (non-binding unless otherwise stated):

PAYMENT TERMS

Client shall pay Contractor for material and delivered quantities in accordance with the following schedule unless otherwise agreed in writing. All monetary amounts are payable in lawful currency.

Late payments shall accrue interest and fees as set forth below.

DELIVERY, TITLE, AND ACCEPTANCE

Delivery shall be FOB delivery point specified by Client. Contractor will notify Client of scheduled deliveries and use reasonable efforts to meet requested delivery windows. Title and risk of loss pass to Client upon off-loading at the delivery site, provided Contractor has completed the agreed unloading and placement duties described in the Scope of Work.

Client shall inspect delivered material promptly. Material not specifically rejected in writing within 48 hours of delivery shall be deemed accepted. Rejected material shall be documented and Contractor shall, at its option and expense, replace or credit the rejected material within a commercially reasonable time.

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 breach remains uncured 15 days after written notice. Termination shall not relieve Client of payment obligations for delivered and accepted material or Contractor of obligations arising prior to termination.

CONFIDENTIALITY

Each Party shall keep confidential all non-public information disclosed by the other Party in connection with this Agreement and shall not disclose such information except as required by law or with prior written consent. Confidential information does not include information that becomes publicly available through no fault of the receiving Party or that was rightfully in the receiving Party’s possession prior to disclosure.

INDEMNITY AND INSURANCE

Contractor shall indemnify, defend and hold harmless Client from and against claims, liabilities, losses, and expenses arising out of Contractor’s negligence or willful misconduct in performing this Agreement. Contractor shall maintain commercial general liability insurance and, if applicable, motor vehicle and workers’ compensation insurance at levels customary for Contractor’s industry.

FORCE MAJEURE

Neither Party shall be liable for delays or failures to perform caused by events beyond reasonable control, including acts of God, strikes, severe weather, or government action; provided that the affected Party gives prompt notice and uses reasonable efforts to resume performance.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the State of without regard to conflict of laws principles. The Parties shall first attempt to resolve disputes through good faith negotiation; if unresolved, disputes shall be resolved in the state or federal court located in the governing state selected above.

ENTIRE AGREEMENT

This Agreement, together with any written purchase orders or attachments expressly incorporated herein, constitutes the entire agreement between the Parties concerning its subject matter and supersedes all prior oral or written negotiations, proposals, and agreements. Any modification must be in writing and signed by authorized representatives of both Parties.

NOTICES

Notices required under this Agreement must be in writing and delivered to the addresses below by hand, certified mail, or overnight courier, and are effective upon receipt.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect. Neither Party may assign this Agreement without the other's prior written consent, except that Contractor may assign to a successor entity in connection with a sale of substantially all of its assets.

The Parties acknowledge that their respective representatives signing below have authority to enter into this Agreement on their behalf.

Sign Now