Miscellaneous Shower Enclosure

MISCELLANEOUS SHOWER ENCLOSURE AGREEMENT

This Miscellaneous Shower Enclosure Agreement (the "Agreement") is entered into as of by and between Client Name: and Contractor Name: .

RECITALS

WHEREAS, Client desires to procure the supply and professional installation of a shower enclosure at the property located at (the "Project"); and

WHEREAS, Contractor represents that it possesses the experience, skill, licensing and insurance necessary to perform glass fabrication, metal framing, glazing, sealing and related finishing work for shower enclosures and agrees to perform such services pursuant to the terms and conditions of this Agreement; and

WHEREAS, the parties desire to set forth the scope, compensation, schedule, warranties and other terms for the installation and completion of the shower enclosure.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to fabricate and install the shower enclosure described below in a good and workmanlike manner in accordance with industry standards:

PAYMENT TERMS

Total Contract Price: $

Deposit upon execution: $ (or of total), Progress payment due at delivery/fabrication: $ , Final payment due upon substantial completion and punch-list acceptance: $ .

Invoices shall be payable within days of invoice. Late payments shall incur a late fee of per month (or the maximum permitted by law), and interest shall accrue on overdue balances at the same rate.

TERM AND TERMINATION

Commencement Date: . Estimated Completion Date: .

Either party may terminate this Agreement for material breach by the other party if the breach is not cured within days after written notice. In addition, either party may terminate without cause upon days' prior written notice. Upon termination, Contractor shall be paid for all work performed and materials ordered up to the date of termination, subject to offsets for breach or defective work.

CHANGE ORDERS

All changes to the Scope of Work shall be made only by written change order signed by both parties. Contractor shall not be obligated to perform extra work without a signed change order specifying the scope, price and any extension to the schedule. Cost adjustments shall be calculated based on time and materials or fixed price as agreed in the change order.

PERMITS, SITE ACCESS AND PROTECTION

Unless otherwise agreed, Contractor shall obtain all trade permits required for the fabrication and installation of the shower enclosure. Client shall provide reasonable access to the premises and a safe working area. Contractor shall take commercially reasonable precautions to protect adjacent finishes; Client shall notify Contractor of known concealed conditions prior to fabrication.

WARRANTIES, INSURANCE AND LIABILITY

Contractor warrants that materials and workmanship provided under this Agreement shall be free from defects for a period of months from substantial completion, subject to the manufacturer's warranties where applicable. This warranty does not cover damage due to misuse, normal wear and tear, structural movement, or failure of underlying systems not installed by Contractor.

Contractor shall maintain commercially reasonable liability and workers' compensation insurance. Client shall maintain property insurance covering the premises. To the fullest extent permitted by law, each party agrees to indemnify and hold the other harmless from claims arising from its negligence or willful misconduct.

CONFIDENTIALITY

Each party agrees that all non-public information exchanged in connection with the performance of this Agreement, including technical specifications, pricing, drawings and measurements, shall be kept confidential and used solely for performance of this Agreement. Confidential information shall not include information that is or becomes public through no breach of this provision, was known prior to disclosure, or is independently developed. This confidentiality obligation shall survive termination of this Agreement for a period of years.

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 principles. The parties consent to the exclusive jurisdiction of state and federal courts located in that state for any dispute arising from this Agreement.

ENTIRE AGREEMENT

This Agreement, including any written change orders duly executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals and agreements, whether written or oral. No amendment shall be effective unless in writing and signed by both parties.

NOTICES

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Waiver of any breach shall not constitute a waiver of any subsequent breach. Headings are for convenience only and do not affect interpretation.

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