Remote Control Fireplace Template

REMOTE CONTROL FIREPLACE AGREEMENT

This Remote Control Fireplace Agreement (Agreement) is made effective as of between Client Name: and Supplier Name: .

WHEREAS

WHEREAS, Client desires to purchase, have installed, programmed and commissioned a gas or electric fireplace controlled by a remote control system and associated accessories described herein;

WHEREAS, Supplier is engaged in the sale, installation, programming and servicing of remote control fireplace systems and represents that it has the experience, personnel and equipment necessary to perform the services described in this Agreement; and

WHEREAS, the parties wish to set forth the terms and conditions under which Supplier will supply, install, program and warrant the remote control fireplace described below.

PRODUCT DETAILS

SCOPE OF WORK

Supplier shall provide the following services in a workmanlike manner in accordance with industry standards and applicable codes:

Additional work outside the scope above will require prior written authorization and will be billed in accordance with Supplier's standard rates unless otherwise agreed in writing.

PAYMENT TERMS

All amounts payable under this Agreement are exclusive of applicable taxes. Invoices are due in accordance with the Payment Schedule. Supplier may suspend work if payments are more than 15 days past due, subject to any cure period expressly provided in this Agreement.

TERM AND TERMINATION

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for material breach by the other party that remains uncured after the notice period specified above. Termination for convenience is permitted only if expressly agreed in writing and subject to payment for work performed up to the effective date of termination.

ACCEPTANCE; INSPECTION

Upon completion of installation and programming, Supplier will notify Client and Client shall have a period of to inspect and provide written notice of any nonconformity. Absence of timely written notice constitutes acceptance.

WARRANTY AND LIMITATION OF LIABILITY

Supplier warrants that workmanship will conform to accepted industry standards for a period of from date of acceptance. Product manufacturer warranties, if any, shall apply to the Client as provided by the manufacturer and Supplier will assign such warranties where permitted.

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REGARDLESS OF CAUSE, SUPPLIER'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID TO SUPPLIER BY CLIENT.

CONFIDENTIALITY

"Confidential Information" means non-public information disclosed in connection with this Agreement, including control configurations, programming sequences, passwords, technical specifications and pricing. Each party shall keep Confidential Information secret and shall not use or disclose it except to those employees, agents or subcontractors who have a need to know and are bound by confidentiality obligations no less protective than these. Confidentiality obligations shall survive termination for a period of three (3) years.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties agree to attempt good faith negotiation of disputes; if unresolved, disputes shall be resolved by binding arbitration in the governing state unless the parties mutually agree otherwise in writing.

ENTIRE AGREEMENT

This Agreement, together with any attachments, exhibits and written change orders signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, proposals, representations and agreements, whether written or oral. No amendment or waiver of any provision shall be effective unless in writing and signed by both parties.

NOTICES

ADDITIONAL PROVISIONS

Unless otherwise agreed, Supplier shall retain ownership of any control programming tools and diagnostic equipment. Client will provide safe access and required utilities for installation. Client is responsible for compliance with local building codes and for obtaining permits unless Supplier is engaged to obtain permits, as indicated below.

Additional notes or special conditions:

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