CONTRACTOR’S AGREEMENT

by | Feb 14, 2022 | Samples legal papers

CONTRACTOR’S AGREEMENT

THIS CONTRACTOR’S AGREEMENT (hereinafter, “this Agreement”), effective as of [DATE], is made and entered into by and between PRECISION GUTTERS of [ADDRESS] (hereinafter “the Contractor”), and [NAME] of address [ADDRESS] (hereinafter, “the Client’’).

Whereas, the Contractor deals in a business of seamless gutter installation;

Whereas, the Contractor has agreed to provide services (“the services”), as an independent Contractor to the Client, and

Whereas, the parties to this Agreement (‘‘the parties’’) wish to set forth the terms and conditions upon which such service will be provided to the Client;

Now, therefore, in consideration of the foregoing premises, and of the mutual promises and covenants herein contained, the parties, intending to be legally bound, do hereby agree as follows:

 

  1. CONTRACTOR’S OBLIGATIONS
  1. The Client hereby appoints the Contractor to render the agreed service. The Contractor shall commence performance of the Services on the date first signed below, and shall continue until completion of the Services unless this Agreement is sooner terminated by the terms as set forth herein.
  2. The service to be provided to the client is _____ [Specify the service to be given to the client. Give a clear description]
  • CLIENT’S OBLIGATIONS
  • In consideration for the services to be performed by the Contractor, the Client agrees to pay the Contractor under the terms of this Agreement.
  • PAYMENT TERMS
  • The Contractor shall be paid 25 % of the total agreed amount upfront as down payment before the Contractor commences the work to be done.
  • Upon the completion of the work specified, the Client shall be given the remaining 75% of the total amount agreed upon.
  • TERMINATION

4.1 Either Party to this Agreement may terminate this Agreement upon a written notice of termination to the other Party. Unless otherwise mutually agreed to in writing, upon the termination of this Agreement, any arrangement for Services then in effect will immediately terminate. 

4.2 The client has been accorded by the contractor 3 days after the service arrangement to cancel any service to be provided by the contractor. This is because of the custom made materials that cannot be taken back by the manufacturer.

  1.  RELATIONSHIP OF THE PARTIES

Nothing contained in this Contract will be construed to create an employer and employee relationship between the Contractor and the Client. The Client and the contractor agree that the Contractor is, and at all times during this Contract shall remain, an independent contractor.

  • INDEMNIFICATION

The Client shall indemnify and hold the Contractor harmless for any loss or liability arising from performing services under this agreement. 

  • WARRANTY

7.1 The contractor warrants that there shall be a 6 months installation warranty. The warranty is for actions such as sagging, pulling loose, leaking or not functioning properly due to improper installation.

7.2 The warranty shall not extend to any defect or product failure resulting from the client’s negligent actions or an act of God such as but not limited to earthquakes, floods, tornado, lightning, hurricanes, hail and falling objects.

  • DISPUTES

Except as otherwise specifically agreed in writing by the Contractor and the Client, any dispute relating to any rights and/ or obligations arising from this Agreement which is not resolved by the parties shall be adjudicated by any court of competent jurisdiction.

  • ENTIRETY

This contract represents the entire agreement between the two parties and supersedes any previous written or oral agreement. This agreement may be modified at any time, provided there is written consent of both the Client and the Contractor. 

  • SEVERABILITY

The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be struck from the record and the remaining provisions will retain their full force and effect.

  • COMMUNICATION

For more information, clarifications, concerns and questions, contact us at 

Precision_gutters@hotmail.com

Phone number 830-469-2856

  • JURISDICTION

This contract shall be governed, interpreted, and construed in accordance with the laws of TEXAS

In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:

 

___________________________________ ___________________________

Contractor’s Signature Date

 

___________________________________ ___________________________

Client’s Signature Date

 

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