Wall Panels Document

WALL PANELS AGREEMENT

Parties and Effective Date

Effective Date:   Project Location:

Recitals

WHEREAS, Client desires to procure prefabricated and/or field-fabricated wall panels and related services for the Project located at the Project Location specified above; and

WHEREAS, Contractor represents that it has the experience, personnel, and capability to furnish, deliver, install and finish wall panels in accordance with the terms, specifications and schedule set forth in this Agreement; and

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

Scope of Work

Contractor shall furnish all labor, materials, equipment and supervision necessary to provide the wall panels described below and to perform all installation, finishing, field adjustments, and testing required for acceptance by Client in accordance with the Project specifications and industry standards.

Specifications and Quantity

Panel Type:   Finish:

Quantity (units):   Unit Size/Dimensions:

Payment Terms

Client shall pay Contractor the Total Contract Price in accordance with the following schedule and conditions. All payments are due upon receipt of invoice unless otherwise stated.

Final payment shall be due within days after Contractor’s completion and Client’s written acceptance of the work, subject to agreed punch list items.

Late payment shall incur interest at per month on the unpaid balance, compounded monthly, and Client shall be responsible for collection costs and reasonable attorney fees incurred by Contractor to collect overdue amounts.

Delivery, Installation, Acceptance and Warranty

Delivery and installation schedule: Contractor shall commence on or about and shall substantially complete installation by , subject to change for force majeure or agreed change orders.

Acceptance procedure: Upon completion, Contractor will notify Client in writing. Client shall inspect and either accept the work or provide a written punch list of deficiencies within days. Failure to timely provide a punch list constitutes acceptance.

Warranty: Contractor warrants that materials and workmanship shall be free from defects for a period of months from the date of Final Acceptance. This warranty does not cover damage from misuse, alteration, normal wear, or exposure beyond manufacturer specifications. Remedies are limited to repair or replacement at Contractor’s option.

Insurance, Permits and Compliance

Contractor shall maintain commercial general liability insurance, workers’ compensation and automobile insurance as required by law and customary for the scope of work. Proof of insurance shall be provided to Client upon request. Contractor shall obtain, at its expense, all permits and approvals necessary for performance, unless otherwise stated in writing.

Indemnification

Contractor shall indemnify, defend and hold harmless Client, its officers, agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney fees, arising out of or resulting from Contractor’s performance of the work, provided such claim is caused in whole or in part by negligent acts or omissions of Contractor, its subcontractors or employees.

Confidentiality

Each party shall treat as confidential all non-public information and technical data disclosed by the other party in connection with this Agreement and shall not disclose such information to third parties without prior written consent, except as required by law. Confidential information does not include information that is publicly known or independently developed without use of the disclosing party’s information.

Term and Termination

Term: This Agreement commences on the Effective Date and continues until Final Acceptance of the work or until terminated in accordance with this Section.

Termination for Cause: Either party may terminate this Agreement upon written notice if the other party materially breaches any obligation and fails to cure such breach within days after receipt of written notice specifying the breach.

Termination for Convenience: Client may terminate for convenience upon providing days’ written notice. In the event of termination for convenience, Contractor shall be paid for work performed, materials procured and reasonable demobilization costs.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. The parties shall endeavor to resolve disputes through good faith negotiation. If unresolved, disputes shall be resolved by binding arbitration in the county where the Project is located, unless the parties agree otherwise in writing.

Entire Agreement

This Agreement, including exhibits, specifications and change orders executed by the parties, contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and communications, whether written or oral. Any modification must be in writing and signed by both parties.

Notices

Additional Provisions

Sign Now