ADDENDUM
THIS ADDENDUM dated this ________ day of ____________________________, ________
BETWEEN:
VIVID REMODELING AND DESIGN LLC (COMPANY)
– AND-
____________________________________________(CUSTOMER)
This document is about a contract agreement dated ________________between the parties mentioned above.
May it be known that the undersigned parties, for good consideration, do hereby agree to make the following changes and/or additions that are outlined below. These additions shall be made valid as if they are included in the original stated contract.
- No Other Change
Except as otherwise expressly provided in this agreement, all of the terms and conditions of the contract remain unchanged and in full force and effect.
- Miscellaneous Terms
- The company and the customer (collectively referred to herein as the “parties” or individually as the “party” and includes that party’s successors and assigns.
- Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this agreement.
- Words in the singular mean and include the plural and vice versa. Words in the masculine include the feminine and vice versa.
The contract is amended as follows:
- COMMENCEMENT AND DURATION
This agreement shall come into force upon execution until termination.
- DISCLAIMERS
- The client is bound by the specifications made in their order, and they must request any changes to it in writing to the company. The company will exercise its discretion in granting or refusing such a request. The customer will be obligated to pay for the requested changes as advised by the company.
- The company shall not be held liable for any damages occasioned by another party, their representatives, employees, or agents; the damage has been caused by an event beyond their control (force majeure) or accidents.
- The company shall not be liable for any damage caused by the customer’s non-disclosure of information they ought to have disclosed, e.g. any conditions or arrangements that may apply to their third-party agreements or policies, e.g., Insurers or any change in their premises’ layout .
- The customer is obligated to provide the company and its agents with a conducive work environment that includes but is not limited to full access to the premises.
- The customer is obligated to pay all the sums due to the company when they fall due.
- The customer is obligated to make good any defects resulting from their cancellation of an order.
- The company can cancel any order placed by the customer without incurring any liability.
- INDEPENDENT CONTRACTOR
The relationship between the company and the customer is that of an independent contractor. Accordingly, the parties hereto are not deemed agents, partners, or joint venturers of the others for any purpose due to this agreement or the transactions contemplated thereby.
- INTELLECTUAL PROPERTY
Any ideas, concepts, discoveries, techniques, patents, copyrights, or trademarks belonging to the company during this agreement’s subsistence are the company’s exclusive property.
- NON-ASSIGNMENT
The client shall not assign their rights or duties without the company’s written consent. However, the company can transfer or assign this agreement or subcontract its obligations hereunder at any time without the client’s consent.
- DISPUTE RESOLUTION
Negotiation shall resolve any dispute under this agreement. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the jurisdiction of the Courts.
- TERMINATION
- Either party may terminate this agreement at any time upon breach of the contract by the other party, including but not limited to non-payment.
- The company’s discharge of its obligations shall constitute termination of this agreement.
- The termination of this agreement shall not discharge the liabilities accumulated by either party.
- Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.
- CHANGES TO THE AGREEMENT
The company may make changes to the agreement at any time after giving the customer at least seven days written notice.
- CONFIDENTIALITY
The customer shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) any information concerning this agreement or any additional information of any nature whatsoever concerning the company, whether such information or matter is stated to be confidential or not, without the express written permission of the company.
- NO WAIVER
Except where this agreement provides otherwise, the rights and remedies contained in it are not exclusive to rights or remedies provided by law. Failure by the Company to enforce any of the terms or conditions of this agreement shall not waiver its right to enforce this agreement.
- SEVERABILITY
Suppose any provision of this agreement is declared by any judicial or other competent body to be void, voidable, illegal, or otherwise unenforceable; the company may amend that provision or remove it from this agreement. The remaining provisions of this agreement shall remain in full force and effect.
- NOTICES
- All notices shall be in writing served to the parties declared address (including email).
- Either party may provide changes to their addressees by reasonable notice to the other party.
- GOVERNING LAW
The construction, validity, and performance of this agreement shall be governed in all respects by the Florida State Laws.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this _______________ day of ___________________________________________, __________________.
Signature _________________________
_________________________________________ Date________________________________
(Name)
Signature _________________________
__________________________________________Date________________________________
(Name)
Witness #1) ___________________________________________________________________
Witness #2) ___________________________________________________________________
STATE OF FLORIDA COUNTY OF __________
The foregoing instrument was acknowledged before me this ______ day of 20____, by ______________________________of _________________________________, a ____________________________________________corporation, on behalf of the corporation.
__________________________________________________
(Seal) Signature of Notary Public Print, Type/Stamp Name of Notary
Personally known:_______________________________________________________________
OR Produced Identification:_______________________________________________________
Type of Identification Produced:___________________________________________________
STATE OF FLORIDA COUNTY OF __________
The foregoing instrument was acknowledged before me this _____day of _____, 20___, by ____________________________________.
__________________________________________________
(Seal) Signature of Notary Public Print, Type/Stamp Name of Notary
Personally known:_______________________________________________________________
OR Produced Identification:_______________________________________________________
Type of Identification Produced:___________________________________________________
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