Purchase Order for Cladding

PURCHASE ORDER FOR CLADDING

Purchase Order No.:     Date Issued:

Parties

RECITALS

WHEREAS, Buyer requires cladding materials and associated supply, delivery and limited installation oversight for the project identified herein; and

WHEREAS, Supplier represents that it is duly qualified to manufacture, supply and deliver cladding materials that conform to the specifications set forth in this Purchase Order and the Scope of Work; and

WHEREAS, the parties desire to set forth the terms and conditions by which Supplier will furnish materials and services to Buyer as described in this Purchase Order.

SCOPE OF WORK

ITEMIZED MATERIALS & SERVICES

Provide itemized list of cladding panels, trims, fasteners, and labor components. Unit prices are firm unless otherwise approved in writing by Buyer.

PAYMENT TERMS

Deposit: Buyer shall pay a deposit equal to % of Total Amount Due within days of issuance of this Purchase Order. Remaining amounts will be paid in accordance with the payment schedule below.

Late Payment: Unpaid amounts shall accrue interest at % per month (or the maximum lawful rate if less). Buyer may withhold payment for nonconforming deliverables pending Supplier cure.

TERM AND TERMINATION

Term Commencement Date: . Anticipated Completion Date: .

Either party may terminate this Purchase Order for cause if the other party materially breaches any obligation and fails to cure such breach within days after written notice. Buyer may terminate for convenience upon providing days' prior written notice; in such event Supplier shall be entitled to payment for work performed and non-cancellable materials ordered, subject to Buyer mitigation rights.

DELIVERY, INSPECTION & ACCEPTANCE

Delivery Terms: Supplier shall deliver materials to the site or designated warehouse at Supplier's expense unless otherwise stated. Expected lead time after deposit: calendar days.

Inspection: Buyer shall have business days after delivery to inspect and report nonconformities. Nonconforming goods shall be repaired or replaced by Supplier at Supplier's cost within a reasonable cure period.

CONFIDENTIALITY

Each party shall keep confidential all non-public technical, commercial and pricing information disclosed in connection with this Purchase Order and shall not disclose such information to third parties except to its employees, contractors or lenders who have a need to know and who are bound by confidentiality obligations no less protective than those herein. This confidentiality obligation shall survive termination for years.

CHANGES AND CHANGE ORDERS

Any modifications to scope, quantities, unit prices or schedule shall be made only by a written change order signed by authorized representatives of both Buyer and Supplier. No oral instruction shall be binding.

WARRANTIES

Supplier warrants that materials supplied shall be free from defects in materials and workmanship and shall conform to applicable specifications for a period of months from final acceptance. Supplier shall, at its option, repair or replace defective items promptly at Supplier's expense.

GOVERNING LAW; ENTIRE AGREEMENT

Governing Law: This Purchase Order 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 Purchase Order, together with any exhibits, attachments and duly executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior proposals, negotiations and agreements, whether written or oral.

ADDITIONAL PROVISIONS

Remedies are cumulative and the exercise of one remedy shall not preclude pursuit of others. Supplier shall maintain insurance customary for supply and delivery of building materials and shall, upon request, provide certificates of insurance naming Buyer as additional insured where required by contract terms.

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