Outdoor Awning Request Form

OUTDOOR AWNING REQUEST AND SERVICE AGREEMENT

Parties and Project Identification

Client Name:

Project / Proposal No.:     Request Date:

Recitals

WHEREAS, Client desires to procure from Contractor the supply, fabrication and installation of an outdoor awning at the Client Address identified above; and

WHEREAS, Contractor is duly qualified and experienced in manufacturing, supplying and installing awnings and related hardware and agrees to perform such services in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, the parties wish to set forth their agreement in writing to govern scope, compensation, schedule, and related matters.

Scope of Work

Desired Installation Date:     Motorized Awning:

Payment Terms

Total Contract Price: $ (amount in U.S. dollars)

Late Payment Fee: (applies to overdue balances)

All payments are due as invoiced. Contractor may suspend work if payment is not timely received after written notice and the expiration of any cure period set forth below.

Term and Termination

Agreement Start Date:     Estimated Completion / End Date:

Either party may terminate this Agreement for material breach by the other party upon giving written notice and a cure period of days, failing which the terminating party may pursue all available remedies.

If Client cancels after materials have been ordered or fabrication begun, Client shall be responsible for reasonable costs and a cancellation fee as invoiced by Contractor.

Permits, Approvals and Site Conditions

Responsibility for obtaining permits: Contractor responsible    Client responsible

Client acknowledges site access, existing conditions and measurements provided are accurate. Contractor is entitled to rely on provided information; additional work resulting from concealed conditions will be quoted as change orders.

Change Orders

Any changes to the Scope of Work, materials, dimensions or schedule shall be authorized in writing by both parties before commencement of that work. Authorized changes shall be invoiced and paid in accordance with the Payment Terms.

Warranty and Limitation of Liability

Contractor warrants workmanship for a period specified in the attached proposal; manufacturer's warranties apply to fabrics and mechanical components as provided by manufacturers. Warranty does not cover damage from misuse, neglect, modifications, acts of God, or normal wear and tear.

Except for liability arising from Contractor's gross negligence or willful misconduct, Contractor's cumulative liability under this Agreement shall not exceed the total contract price paid by Client.

Confidentiality

Each party shall treat as confidential all non-public business information disclosed by the other party in connection with this Agreement, including pricing, drawings and proprietary specifications. Confidential information shall not be disclosed to third parties except as required by law, to obtain permits, or to perform the services hereunder. Confidential obligations survive termination for three (3) years.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without giving effect to conflict of laws principles that would apply the laws of another jurisdiction.

Entire Agreement

This Agreement, including the attached proposal, drawings and any executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and agreements. No modification shall be effective unless in writing and signed by both parties.

Acknowledgment and Authorization

By signing below, Client authorizes Contractor to proceed with the work described, subject to the terms and payment provisions of this Agreement. Client certifies that the person signing has authority to bind Client to these terms.

Client Authorization:    I agree to the terms above.

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