PPE Justification Template

PPE JUSTIFICATION AND SUPPLY AGREEMENT

This Agreement is entered into by and between Client Name: and Supplier Name: (each a "Party" and together the "Parties").

WHEREAS

WHEREAS, Client conducts operations that create exposure to hazards for which personal protective equipment ("PPE") is necessary to protect employee health and safety; and

WHEREAS, Supplier is qualified and able to supply, fit, test, and, where required, maintain PPE that conforms to applicable standards and the Client's hazard controls; and

WHEREAS, the Parties desire to document the justification for required PPE and the terms under which PPE will be provided or procured.

SCOPE OF WORK

Supplier shall provide, deliver, and, where applicable, install PPE and related services described in the scope above. Services may include hazard assessment, fit testing, training, inspection, repair, and replacement according to the schedule set forth herein.

PPE JUSTIFICATION / HAZARD ASSESSMENT

Alternatives considered (engineering controls, administrative controls, substitution) and reasons not adopted:

PPE ITEMS (ITEMIZE)

Provide specific items, quantities, unit costs, and justification for each item.

PAYMENT TERMS

Total Estimated Cost: $

Late Payment Fee: (applies to unpaid balances after due date, compounded monthly unless prohibited by law).

TERM AND TERMINATION

Agreement Term Commences: and terminates: , unless earlier terminated in accordance with this Section.

Either Party may terminate for convenience upon days' prior written notice. Termination for cause may occur immediately upon written notice if the other Party materially breaches any obligation and fails to cure within 15 days after receipt of written notice, or immediately if the breach presents an imminent risk to health or safety.

CONFIDENTIALITY

Each Party acknowledges that during performance it may receive confidential or proprietary information of the other Party ("Confidential Information"). Confidential Information does not include information that is or becomes generally available to the public other than through a breach of this Agreement, was already in the receiving Party's possession without restriction, or is rightfully obtained from a third party without obligation of confidentiality. The receiving Party shall protect Confidential Information with at least the same degree of care it uses to protect its own confidential information, but not less than reasonable care. Confidential Information may be disclosed as required by law, provided that the receiving Party gives the disclosing Party prompt written notice to permit the disclosing Party to seek protective relief.

TRAINING, FIT TESTING AND MAINTENANCE

Supplier responsibilities for training, fit testing, inspection, maintenance, and replacement must be documented in the Scope of Work. Client responsibilities for storage, daily inspections, and employee compliance are documented and enforced by Client.

WARRANTIES AND LIABILITY

Supplier warrants that PPE supplied under this Agreement will conform to the specifications agreed, be free from defects in materials and workmanship for the period specified in the Scope of Work, and comply with applicable industry standards. Except for the warranties expressly stated, Supplier disclaims all other warranties. Each Party's liability for direct damages arising under this Agreement is limited to direct damages up to the total amount paid under this Agreement for the applicable purchase order; neither Party shall be liable for consequential, incidental, punitive or special damages except for liability arising from gross negligence or willful misconduct.

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.

ENTIRE AGREEMENT

This Agreement, including any Scope of Work and purchase orders incorporated by reference, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior and contemporaneous oral or written agreements, proposals, and communications. No amendment shall be binding unless executed in writing by authorized representatives of both Parties.

CERTIFICATION / AUTHORIZATION

By checking the box below and signing this Agreement, Requestor certifies that the PPE identified is necessary based on the hazard assessment, alternatives have been considered, and procurement is consistent with applicable policies.

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