Pump Rebuild Project Proposal

Pump Rebuild Project Proposal

Client Name:     Contractor Name:

Proposal Date:    Proposal No.:

RECITALS

WHEREAS, Client requires the overhaul and rebuild of specified pump equipment located at ;

WHEREAS, Contractor is qualified, equipped and willing to perform the pump rebuild services described herein in accordance with the terms of this Proposal and any attached exhibits;

WHEREAS, the parties desire to set forth the scope, pricing, schedule, and legal terms applicable to the proposed pump rebuild project.

EQUIPMENT IDENTIFICATION

SCOPE OF WORK

Contractor shall provide labor, materials, equipment, testing, and commissioning necessary to complete the pump rebuild described below. Work includes inspection, disassembly, component refurbishment or replacement, reassembly, dynamic balancing where required, pressure testing, and functional testing to the performance criteria specified by Client.

PAYMENT TERMS

Total Estimated Cost:

Late Payment: If any payment is not received by Contractor within days after the due date, Client shall pay interest on the overdue amount at or the maximum lawful rate, whichever is less, together with any collection costs and attorneys' fees reasonably incurred by Contractor.

TERM AND TERMINATION

Project Start Date:    Estimated Completion Date:

Either party may terminate this Proposal for material breach by the other party if the breaching party fails to cure such breach within days following written notice specifying the breach. Additionally, either party may terminate for convenience upon days' prior written notice; in such event Client shall pay Contractor for work performed and materials procured to the date of termination, including reasonable demobilization costs.

CONFIDENTIALITY

Each party (the "Receiving Party") shall keep confidential and shall not disclose to any third party any non-public technical, financial or business information disclosed by the other party (the "Disclosing Party") in connection with this Proposal, except information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was in the Receiving Party's possession prior to disclosure by the Disclosing Party as evidenced by written records; (c) is independently developed by the Receiving Party without reference to the Disclosing Party's confidential information; or (d) is required to be disclosed by law or by order of a court or governmental body (in which case the Receiving Party shall notify the Disclosing Party promptly to allow the Disclosing Party to seek protective relief). Upon termination or completion of the work, the Receiving Party shall promptly return or certify destruction of all confidential materials furnished by the Disclosing Party.

CHANGES / EXTRA WORK

Any changes to the Scope of Work must be documented in a written change order executed by authorized representatives of both parties. Change orders shall state the change in scope, any adjustment to the price, and any extension or reduction in the schedule.

WARRANTY

Contractor warrants that all workmanship performed under this Proposal will be free from defects for a period of from the date of completion. Warranty on replaced parts is limited to the manufacturer’s warranty unless otherwise agreed in writing. This warranty does not cover damage resulting from misuse, neglect, corrosion, or third-party modification.

INSURANCE AND INDEMNITY

Contractor shall maintain commercial general liability and workers' compensation insurance as required by applicable law. To the extent permitted by law, Contractor agrees to indemnify and hold harmless Client from claims arising out of Contractor's negligent performance of the Services, except to the extent such claims are caused by Client's negligence or willful misconduct.

GOVERNING LAW

This Proposal and any contract arising from acceptance hereof shall be governed by and construed in accordance with the laws of the state of , without regard to its conflict of law principles.

ENTIRE AGREEMENT

This Proposal, together with any duly executed change orders or attachments expressly incorporated herein, constitutes the entire agreement between Client and Contractor with respect to the subject matter hereof, and supersedes all prior negotiations, proposals, and understandings, whether written or oral. No modification shall be effective unless in writing and signed by authorized representatives of both parties.

ACCEPTANCE

By signing below, Client accepts this Proposal and authorizes Contractor to proceed in accordance with the terms set forth herein. This Proposal is valid for days from the Proposal Date above.

Client Acceptance:

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