INDEPENDENT CONTRACTOR AGREEMENT.

INDEPENDENT CONTRACTOR AGREEMENT.

This Agreement is made on ________________ between ABBY IRON DOORS (hereinafter referred to as the “Client”) and SUNSET LAND AND HOME, LLC (hereinafter referred to as the “Contractor”). Together referred to as the parties.

  1. Services.

The Contractor herein agrees to carry out the following service; –

  1. Exclusive installation services.
  2. Transportation which Includes picking up Abby Iron Door from Tampa warehouse. 
  3. Removal of protection/ loading door onto a truck. 
  4. Unloading all material onsite.
  5. Removal of existing Door.
  6. Installation of a new Door, Door opening adjustment to accept new door if necessary, including additional framing to fit a new door, caulking, all door trims, and hardware; 
  7. Basic trim painting if new trim is utilized,
  8. Plumbing or electrical rerouting.
  1. Compensation.

Throughout the Contractor’s engagement period and in consideration of the services performed herein, payment will be made in full upon completion of the project and sign-off receipt of the same.

  1. Term of Agreement.

This Agreement shall be for a period of ___________________

  1. Duties and Responsibilities.

The duties and responsibilities for the Contractor shall be as follows; –

  1. Provide all necessary and needed permits.
  2. Provide a 24 hours on-call emergency supervisor for immediate contact.
  3. Purchasing needed material and billing separately.
  4. Present an invoice to the Client
  5. Not place a mark upon a purchased material.
  6. Engage the services of subcontractors for extensive repairs.
  7. Provide several cost estimates to the Client before any extensive work to determine the proper cost.
  8. Bill separately any subcontracted work.

The duties and responsibilities for the Client shall be as follows; –

  1. Reimbursing any presented invoice to the Contractor
  2. Approve any subcontracted work.
  1. Prices.

The Parties herein agree to the following prices; –

  1. Prices for Replacement door Services: 
  • Single door equal or less than 24 SQFT – $1,000 
  • Single iron door with/without sidelights greater than 24 SQFT;- 
  • basic installation – $1,200 
  • With transom – $1,500 
  • With sidelights and transom – $1,750 
  • Double door equal or less than 48 SQFT – $1400 
  • Double iron door with/without sidelights greater than 48 SQFT;- 
  • Basics installation – $1,600 
  • With transom – $1,900 
  • With transom and sidelights – $2,150 

Sunset includes all labor, truck, permit, and insurance cost in charges.

  1. Prices for new construction door Services (no exiting door removal, no trim work, or caulking) 
  • Single door equal or less than 24 SQFT – $700 
  • Single iron door with/without sidelights greater than 24 SQFT;-
  • basic installation – $900 
  • With transom – $1,100 
  • With sidelights and transom – $1,350 
  • Double door equal or less than 48 SQFT – $1000 
  • Double iron door with/without sidelights greater than 48 SQFT;-
  • Basics installation – $1,200 
  • With transom – $1,500 
  • With transom and sidelights – $1,650 

Sunset includes all labor, truck, permit, and insurance cost in charges.

  1. Price covers all regions up to 160 miles radius from 328 Town Center Dr, Brandon, FL. Each additional miles traveled will be priced at $0.58/mile. 
  1. Confidentiality.

The Contractor acknowledges that during the performance of the services under this Agreement, it will be necessary for the Client to disclose certain confidential information to the Contractor, who agrees not to disclose or share any confidential information to any third parties without written consent from the Client.

The confidentiality provisions contained within this Agreement shall remain in full force and effect for a period after the Contractor’s transfer or termination of employment.

  1. Waiver.

Suppose either party fails to enforce any provision contained within this Agreement. In that case, it shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

  1. Warranties.

The Contractor provides this separate limited installation warranty (the “Installation Warranty”) for a one (1) year period (the “Warranty Period”) following the “Date of Completed Installation”. 

This Installation Warranty is provided solely by the Contractor and does not include or cover the product warranty provided by the Client for product itself. 

The Contractor makes the following express Installation Warranty: 

  1. Repair and/or correct all Installation Defects for a period of one (1) year from the date of substantial completion of the original installation. An “Installation Defect” is an error that significantly impairs the proper operation of the Client’s products and/or that does not substantially conform to the Client’s recommendations, industry standards and quality guidelines. 
  2. Upon timely notice within the Warranty Period, the contractor shall, at its sole option, either: 
  • Furnish labor to repair any such Installation Defect (and provide replacement materials if the contractor determines such materials are necessary to make the repairs; or 
  • Refund the original purchase price of the cost of installation. 
  • The Dealer will provide parts and labor necessary to correct any Installation Defects of any client’s product, subject and pursuant to the terms of this Installation Warranty. 

The Contractor expressly reserves the right to inspect and/or verify whether a defective Installation has occurred and if the damage occurred as a direct and sole result of that Installation. 

The Contractor shall have no obligation under this Installation Warranty for claims received after the Warranty Period has expired. 

The Installation Warranty is non-transferable and extends to and benefits only the original end purchaser of the Client’s product.

The Installer can not refuse to install any reasonable installations because they have the exclusivity.

  1. Relationship.

The Contractor is an independent contractor, and neither Contractor nor Contractor’s personnel are or shall be deemed the Client’s employees unless otherwise the same is agreed between the parties herein. 

Either party to this Agreement may elect to terminate the provisions by issuing a thirty days’ written notice, clearly stating the reasons for the termination, which may include but are not limited to the following reasons; –

  1. A material breach of the terms herein.
  2. Failure to make the required payments
  3. Failure to provide the necessary services
  4. Doing anything which is against the law.
  1. Governing Law.

This Agreement’s provisions shall be interpreted and governed by the laws of the state of Florida.

  1. Assignment.

The services to be provided and the payments herein shall not be assigned to any third parties. 

  1. Indemnification.

The Contractor shall indemnify and hold harmless the Client from any loss or liability that may arise from the performance of the services under this Agreement.

  1. Insurance.

The Contractor shall provide insurance covered by Southern Auto Insurance with a policy that provides $2,000,000 coverage plus additional umbrella insurance of $1,000,0000.

Before commencing any work, the Contractor shall provide the Client with proof of this insurance and with evidence that Client has been made an additional insured under the policies.

  1. Dispute/Conflict Resolution Mechanism.

Any dispute, controversy, or claim arising out of or relating to this Agreement or the interpretation, breach, or validity thereof shall primarily be resolved through negotiation between the parties.

If resolution cannot be obtained, the dispute shall be taken to arbitration, which shall be organized according to the State of Florida rules. 

  1. Entire Agreement.

This Agreement contains the complete and entire Agreement of both the Contractor and the Client. There are no other promises or conditions, oral or written, outside of what is contained herein in this Agreement. This Agreement supersedes any prior written or oral agreements between both parties.

  1. Severability.

Should any provision contained within this Agreement be deemed invalid or unenforceable, in part or whole, such invalidity or unenforceability will attach only to the particular condition or part of this Agreement while the remaining aspects of said provision and all other provisions of this Agreement shall remain in full force and effect.

  1. Modification.

The provisions and terms of this Agreement may be modified only by writing signed by both parties.

IN WITNESS WHEREOF, the Contractor has hereunto set her hand, and the Client has caused this instrument to be executed in its name and on its behalf; –

_______________________________________________

(Contractor Signature)

___________________________

(Contractor Name)

______________________________________________

(The Client Signature)

 ______________________________________________

(The Client Name)

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