Refinishing Services Contract

REFINISHING SERVICES CONTRACT

This Refinishing Services Contract (the Contract) is made and entered into as of by and between Contractor Name: with principal place of business at (Contractor), and Client Name: with address at (Client).

RECITALS

WHEREAS, Contractor is engaged in the business of wood refinishing, finishing, coating, repair, and related services and possesses the skills, experience and equipment necessary to perform refinishing work; and

WHEREAS, Client desires to retain Contractor to perform refinishing services at the property located at (Work Site), in accordance with the terms and conditions set forth below; and

WHEREAS, Contractor agrees to perform such services subject to the terms of this Contract.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

In this Contract, unless the context requires otherwise: "Work" means the refinishing services described in Section 2; "Substantial Completion" means completion of the Work except for minor punch-list items that do not materially interfere with Client's use of the Work; "Change Order" means a written modification to the Scope of Work signed by authorized representatives of both parties.

2. SCOPE OF WORK

Contractor shall furnish all labor, materials, tools, equipment, supervision and services necessary to perform the refinishing, preparation, finishing, and related services described below at the Work Site in a professional and workmanlike manner consistent with industry standards.

3. SCHEDULE

The Work shall commence on or about and Contractor shall achieve Substantial Completion by , subject to adjustments for approved Change Orders and excusable delays.

4. CONTRACT PRICE AND PAYMENT

Remaining balance shall be paid as follows: . Payments are due within days of invoice receipt. Late payments incur interest at .

5. CHANGE ORDERS

Any alterations, additions, or omissions to the Scope of Work shall be made only by a written Change Order signed by authorized representatives of both parties. Change Orders shall state the change in scope, any adjustment to the Contract Price, and any extension of time.

6. MATERIALS, SUBCONTRACTORS, AND WORKMANSHIP

Contractor shall procure materials of the type and quality specified in the Scope of Work. Contractor may engage qualified subcontractors but shall remain responsible for the performance of all subcontracted work. Contractor warrants that the Work will be carried out in a professional manner consistent with industry standards.

7. PERMITS AND COMPLIANCE

Contractor shall obtain and pay for permits and inspections required by applicable law unless otherwise agreed. Contractor will perform the Work in compliance with applicable laws, codes and regulations. Responsibility for obtaining Owner/HOA approvals (if required) is: Contractor    Client

8. INSPECTION, ACCEPTANCE, AND REPAIR OF DEFECTS

Client shall inspect the Work upon Substantial Completion. Client shall notify Contractor in writing of any nonconforming work within days. Contractor shall, at Contractor's expense, promptly correct nonconforming work covered by the Contractor's warranty.

9. WARRANTY

Contractor warrants that materials and workmanship provided under this Contract will be free from defects for a period of from Substantial Completion. This warranty does not cover damage resulting from misuse, neglect, alteration, or ordinary wear and tear.

10. INSURANCE AND LIMITATION OF LIABILITY

Except for Contractor's willful misconduct or gross negligence, Contractor's liability under this Contract shall be limited to direct damages not to exceed the Contract Price. Neither party shall be liable for consequential, incidental or punitive damages.

11. INDEMNIFICATION

Contractor shall indemnify and hold harmless Client from and against claims, liabilities, losses and expenses arising out of Contractor's negligent acts or omissions in the performance of the Work. Client shall indemnify and hold harmless Contractor from liabilities arising out of Client-supplied materials or Client's negligent acts.

12. TERMINATION

Either party may terminate this Contract for cause if the other party materially breaches and fails to cure within days after written notice. Upon termination for cause by Client, Contractor shall be paid for Work performed to the date of termination and reasonable demobilization costs.

13. NOTICES

All notices, demands, or other communications required or permitted under this Contract shall be in writing and delivered to the addresses below by personal delivery, certified mail, or nationally recognized courier.

14. AMENDMENTS, WAIVER, COUNTERPARTS

This Contract may be amended only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the waiving party. This Contract may be executed in counterparts, each of which shall be deemed an original but all of which constitute one instrument.

15. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Contract shall be governed by and construed in accordance with the laws of the state in which the Work Site is located. This Contract constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations and agreements. If any provision of this Contract is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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