Overhead Doors Installation Agreement

OVERHEAD DOORS INSTALLATION AGREEMENT

Agreement Date:

Client Name:

Client Address:

Contractor Name:

Contractor Address:

RECITALS

WHEREAS, Client is the owner or lawful possessor of the property located at: (the "Property"); and

WHEREAS, Contractor is experienced in the supply and installation of overhead doors and related equipment and represents that Contractor has the necessary licenses, experience, personnel and insurance to perform the Services; and

WHEREAS, Client desires to engage Contractor to supply and install overhead doors under the terms and conditions set forth in this Agreement, and Contractor agrees to perform such work for the Contract Price established herein.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to complete the installation described below. The specific tasks to be performed and key deliverables are described in the space provided. Any work not expressly included shall be considered excluded unless a written change order is executed.

Doors to be installed (quantity, model, finish):

PAYMENT TERMS

Deposit required at execution:

Balance due on completion:

Any installment not paid within days of the due date shall accrue interest at or the maximum rate permitted by law, whichever is less. Client shall also be responsible for reasonable collection costs, including attorney fees, if payments are not made when due.

TERM AND TERMINATION

Commencement Date: . Contractor shall commence work within a reasonable time after receipt of the required deposit and any permits.

Estimated Completion Date: . Time is of the essence except for delays caused by labor disputes, material shortages, weather, acts of God, or other causes beyond Contractor's reasonable control.

Termination for Cause: Either party may terminate this Agreement upon days' written notice if the other party materially breaches any obligation and fails to cure within such period. In the event of termination, Contractor shall be paid for all work performed and materials supplied up to the date of termination, plus reasonable demobilization costs.

PERMITS, INSURANCE AND SAFETY

Permits: Contractor shall obtain and pay for all permits and inspections required for the performance of the work unless otherwise agreed in writing. If Client is responsible for permits, Client shall procure them prior to commencement.

Insurance: Contractor shall maintain general liability and workers' compensation insurance in commercially reasonable amounts and shall provide evidence of insurance upon request prior to mobilization.

CHANGE ORDERS

Any change to the Scope of Work, Contract Price or schedule shall be made only by a written change order signed by both parties. Change orders shall state the additional cost or credit and any adjustment to the schedule. Contractor's current hourly labor rate for authorized change work is: per hour; material mark-up shall be: .

CONFIDENTIALITY

Each party acknowledges that in the course of performing this Agreement it may receive confidential or proprietary information of the other party. Each party agrees to maintain such information in confidence and not to use or disclose it except as necessary to perform their obligations under this Agreement or as required by law. Confidential information does not include information that is or becomes publicly available through no wrongful act of the receiving party, or that is rightfully received from a third party without restriction.

WARRANTY, LIMITATION OF LIABILITY AND INDEMNITY

Warranty: Contractor warrants that materials shall be new (unless otherwise specified) and that workmanship shall be performed in a workmanlike manner for a period of from completion. Manufacturer warranties on doors and openers, if any, shall be passed through to Client but Contractor disclaims all other warranties, express or implied, except as provided herein.

Limitation of Liability: Except for willful misconduct or gross negligence, Contractor's liability for any claim arising out of or related to this Agreement shall be limited to direct damages not to exceed the Contract Price. In no event shall either party be liable for consequential, incidental, special or punitive damages.

Indemnity: Contractor shall indemnify and hold Client harmless from claims arising from Contractor's negligent performance of the work to the extent of Contractor's negligence. Client shall indemnify Contractor for claims arising from Client-supplied conditions, information, or materials.

COMPLIANCE WITH LAW

Contractor shall comply with all applicable building codes, statutes, ordinances and regulations in performing the work. If an inspector requires remedial work due to Contractor's failure to comply, Contractor shall promptly correct such work at Contractor's expense. If corrective action is required due to Client's instructions or other circumstances outside Contractor's control, costs shall be added to the Contract Price by change order.

GOVERNING LAW; DISPUTE RESOLUTION

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 shall first attempt in good faith to resolve any dispute by negotiation. If unresolved, the parties may pursue any available legal or equitable remedies in the appropriate state or federal court located within the governing state.

ENTIRE AGREEMENT

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

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate in writing. Notice is effective upon personal delivery or three (3) days after deposit with a nationally recognized courier or certified mail, return receipt requested.

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