THIS AGREEMENT is made on the …………..day of……….20……., entered into by the Client and Company of license number ___________________ (Client and Company collectively referred to herein as the “Parties” or individually as the “Party”) and includes that Party’s successors and assigns.
The Company is a service provider.
The Client is desirous of procuring the Company’s services.
The Company has the necessary skills, expertise, personnel, and equipment to provide the services at a Compensation (a term defined below) and to the standards stated in this agreement and in accordance with commonly accepted industry standards.
The Client now wishes to enter into this agreement with the Company, compensating it for its services.
Parties agree to the following terms and conditions and to be bound thereby:
COMMENCEMENT AND DURATION
This agreement shall be valid from _________________________until _________________________.
This is the estimated duration that may be subject to change due to factors such as force majeure, accidents, the frustration of contract, and unavailability of materials. A definite completion date has not been determined.
The following services will be performed under the terms of this agreement:
The materials (name, brand, model etc.)
The Company will also be responsible for getting all necessary permits. The services will also include any other tasks which the parties may agree on.
The Company shall furnish the Client with a Certificate of Workers’ Compensation Insurance before the commencement of the services.
The Client is entitled to cancel for a full refund if the Company fails to commence the services within _____________days after commencement.
The primary location for the services completed by the Company shall be ___________________________________(“location”).
Services provided under this Agreement will be performed, at a minimum, in accordance with industry standards.
The Company will charge the Client as follows;
Materials used and costs incurred
The due date of payment
Payment shall be made by the Client to the Contractor as follows:
Personal guaranty from the Client.
Progress invoicing, 60% once the rough inspection is completed and 40% once the trim inspection is passed. Net 30 from date of invoice.
The Client agrees to indemnify the Company for any losses suffered by the Company due to their actions or omissions, including but not limited to canceled orders.
NON-PAYMENT OR LATE PAYMENT WILL ENTITLE THE COMPANY TO LEGAL REMEDIES, INCLUDING BUT NOT LIMITED TO LIEN OVER THE CLIENT’S PROPERTY.
TERMS AND CONDITIONS
All electrical installation work will be performed in compliance with Federal, State, and Local guidelines and regulations.
If the Company discovers a need for additional time or materials once the work has commenced, the Company will seek written approval from the Client prior to continuing work.
The Client is responsible for providing unmitigated access to the work area. This includes moving any furnishings, wall-hangings, or other items which could prevent the Company from carrying out the listed services.
All areas of installation will be left in the condition found unless otherwise stated.
The Client will provide accessible electricity to all working areas, including outdoor areas. This includes providing a live power outlet or generator within 150 feet of the working area.
Sitework, including demolition or removal of debris, is not included in this electric services contract.
DEVIATIONS FROM BUILDING REGULATIONS
Where applicable, all work performed under this agreement will be executed fully in compliance with applicable Building Regulations and the National Electric Code. Where a Client requires deviation from such regulations, written instruction and record will be required along with written approval from a governing authority.
RISK AND TITLE OF GOODS & PROPERTY
All applicable goods and products installed will become the property of the Client on the date of installation.
All goods not paid will be the property of the Company until payment.
The Client is responsible for all insurance of dwellings and service location for the entire time of work.
DISCLAIMER OF WARRANTIES
The Company has, to the best of their knowledge, provided installation and quality parts for the overall best quality of the product. The Company will provide a one (1) year manufacturer warranty and one (1) year workmanship warranty after installation. In no event will the Company’s total cumulative liability to the Client or any third party for all damages, losses, and causes of action (whether in contract, tort, including negligence and strict liability, or otherwise) exceed the total amount paid by the Client to the Company under this agreement
Except for the limited warranty, the products and services are provided to you “as is, where is”, with all faults and without warranty of any kind. To the maximum extent permitted under applicable laws, the Company expressly disclaims all other representations, warranties, and conditions, express and implied, statutory (including under sale of goods legislation, or otherwise), including without limitation any representations, warranties or conditions of merchantability, fitness for any particular purpose, suitability for any particular purpose, title and non-infringement.
AUTONOMY (select one)
Except as otherwise provided in this agreement;
☐ The Company will work at the Client’s direction.
☐ The Company will have complete control over their working time, methods, and decision-making concerning the provision of the services per the agreement. The Company will work autonomously and not at the direction of the Client. The Company shall, however, be responsive to the reasonable needs and concerns of the Client.
EQUIPMENT (select one)
Except as otherwise provided in this agreement;
☐ The Company shall provide any resources necessary to deliver the services per the agreement at the Company’s own expense.
☐ The Client shall provide the Company with any resources necessary to deliver the services per the agreement at the Client’s own expense.
The relationship of the parties hereto 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. The Client is not required to pay or make any contributions to any social security, local, state, or federal tax, unemployment compensation, workers compensation, insurance premium, profit-sharing, pension, or any other employee benefit for the Company during the term. The Company is responsible for paying and complying with reporting requirements for all local, State, and Federal taxes related to the Company’s payments under this agreement.
The Client shall not transfer or assign this agreement without the Company’s consent. However, the Company may transfer or assign this agreement or subcontract its obligations hereunder at any time without the Client’s consent. If the Company does so, anyone to whom the Company transfers, assigns, or subcontracts any or all of its obligations will have all of the Company’s rights with respect to such obligations.
If a dispute arises under this agreement, the parties hereby agree to settle the dispute by equally paying for one of the following: (pick one)
☐ Binding Arbitration as regulated under the laws in the State where the Services are being performed. The parties agree to accept the final decision made by the Arbitrator.
☐ Non-Binding Arbitration as regulated under the laws in the State where the Services are being performed. The Parties have the right not to accept the decision of the Arbitrator; in such event, the dispute shall be solved by litigation.
The Company may terminate this agreement once they have completed the provision of the services.
Either Party may terminate this agreement due to any reason including but not limited to: lack of project readiness, failure to provide adequate processes for the Company to perform their service, late payment, and non-payment upon giving the other Party no less than thirty (30) days’ notice in writing. If a Client wishes to terminate the contract with less than thirty (30) days’ notice, the Company reserves the right to charge costs that have already been paid in advance or incurred by the Company on their behalf.
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.
The Client shall not at any time disclose, directly or indirectly to any other person whatsoever, any information concerning this agreement, whether such information is stated to be confidential or not, without the express written permission of the Company.
CHANGES TO THE AGREEMENT
Either Party may request changes to the agreement, but they will only be effective if agreed in writing, signed by all Parties, and recorded. If any ambiguity is found in the agreement or various documents forming this agreement, the Parties shall issue any necessary clarification or instruction.
Failure by either Party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement.
The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one instrument.
This agreement constitutes the entire agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this agreement. All documents annexed to this agreement shall be subject to the terms under this agreement, provided that the Parties append their signatures on the documents. The Parties will exercise utmost good faith in this agreement.
The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require. As used in this agreement: words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, and words in the singular shall mean and include the plural and vice versa.
The Parties shall be served through the following addresses (including email), and either Party may change the below addressees by reasonable notice in writing given to the other Party.
THE CLIENT: _______________________________________________________________________
THE COMPANY: 1421 Champion Dr. Suite 202, Carrollton, TX 75006
The Parties acknowledge that they have been provided with the opportunity to negotiate this agreement and to seek legal counsel before signing this agreement. In addition, they acknowledge that they have the capacity to contract and enter into this agreement and that further, they have entered into this agreement freely and voluntarily.
This agreement shall be governed in all respects by the laws of the State of Texas.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, both Parties by their duly authorized officer, as of the day and year set forth below.
YOU HAVE THE RIGHT TO CANCEL THIS AGREEMENT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE YOU SIGN THIS AGREEMENT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
Signed by the duly authorized representative of the CLIENT Signature: Name: Designation: Date:………………………………………
Signed by the duly authorized representative of the COMPANY Signature: Name: Designation: Date:…………………………………………….…………
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