Miscellaneous Sheet Vinyl

MISCELLANEOUS SHEET VINYL AGREEMENT

This Miscellaneous Sheet Vinyl Agreement (the Agreement) is entered into on by and between Client Name: and Contractor Name: .

RECITALS

WHEREAS, Client requires supply and installation of miscellaneous sheet vinyl products for the job located at: (the Site); and

WHEREAS, Contractor represents that it is experienced and properly licensed to supply, deliver and install sheet vinyl and related materials and will perform work in a professional manner consistent with industry standards; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the supply, delivery and installation of miscellaneous sheet vinyl as described in this Agreement.

SCOPE OF WORK

MATERIALS AND QUANTITIES (ITEMIZED)

Item 1 Description: Quantity: Unit Price:

Item 2 Description: Quantity: Unit Price:

Additional items and final quantity reconciliation to be recorded in writing prior to final invoicing.

PAYMENT TERMS

Total Contract Price: $. A non-refundable deposit of $ (Deposit) is due upon execution of this Agreement.

Balance due upon completion and final acceptance: $. Payments shall be made by agreed method and applied first to outstanding invoices.

Late Payment: Amounts not paid within days of invoice due date will incur a late fee of % per month on the unpaid balance or the maximum permitted by law, whichever is less.

TERM AND TERMINATION

This Agreement commences on Start Date: and continues until Completion Date: unless earlier terminated pursuant to this section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after receiving written notice specifying the breach. Termination for convenience requires days' prior written notice.

On termination, Contractor shall be entitled to payment for work satisfactorily performed and materials delivered through the effective date of termination, less reasonable offsets for damages or breach.

CONFIDENTIALITY

Each party agrees that it will not disclose Confidential Information of the other party to any third party and will use such Confidential Information solely to perform obligations under this Agreement. "Confidential Information" includes non-public technical, commercial, and financial information disclosed in writing or identified as confidential. Reasonable disclosures to employees, subcontractors or advisors shall be permitted provided they are bound to maintain confidentiality.

The obligations of confidentiality will survive termination or expiration of this Agreement for a period of three (3) years, except with respect to trade secrets where applicable law may provide longer protection.

WARRANTY AND ACCEPTANCE

Contractor warrants that materials furnished shall conform to the specifications stated herein and that installation will be performed in a workmanlike manner. Warranty repairs for workmanship will be performed within a commercially reasonable time following written notice by Client. Manufacturer warranties apply in addition to Contractor's obligations where applicable.

GOVERNING LAW

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

INDEMNITY

Each party shall indemnify and hold harmless the other party from and against claims, damages and liabilities arising out of the indemnifying party's negligence or willful misconduct in connection with performance of this Agreement, subject to any limits of liability expressly set forth in writing.

ENTIRE AGREEMENT

This Agreement, including any documents incorporated by reference and any written change orders executed by the parties, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral. No amendment or waiver shall be effective unless in writing and signed by both parties.

NOTICES

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