SERVICE AGREEMENT
This Service Agreement (herein referred to as the "Agreement,") is made this _______
day of ______________ 20__ between EARL CONCRETE PUMPING, of 10801 NW
190 th St. Micanopy, FL 32667 (herein referred to as the “Company”) and
_______________________ (herein referred to as the “Client”). Together referred to as
“Parties”.
WHEREAS in consideration of the mutual promises set forth below, the Company and
the Client agree to the terms and conditions herein contained in this Contract and
enumerated as follows:
1. Description of Service.
The Company agrees to perform in a good and workmanlike manner and shall provide
all services, materials, and labor for the following services; –
i. __________________________
ii. __________________________
2. Effective Date.
This agreement shall be effective from the date of signing hereof and continue for a
period of one year.
3. Documents.
Any related documents, such as designs, drawings, or descriptions of work that relate to
the service to be provided shall be supplied by the Client unless the Client explicitly
instructs the Company to obtain the same on their behalf.
4. Payment Terms.
In consideration of the performance of the Agreement, the Client agrees to pay the
Company in current funds as compensation for his services as follows:
$400.00 Set up fee for the first 10 yards
$40.00 for any additional yard.
$3.00 per board
$0.20 per strap/Jbolt
For delays in the Project, not the responsibility of the Company, there will be an
equitable adjustment in the fee to compensate the Company for his increased
expenses.
5. Changes/Modifications.
Any party herein can request any changes to the terms in the agreement and/or the
scope of work or service being performed as well as any cost associated with change
requests upon a written request (which will not be unreasonably withheld) and parties
will prepare an addendum to this contract.
6. Termination.
The parties have the right to terminate this service Agreement for any reason by issuing
a 14 days’ written notice to the other party.
The reasons for termination may include but are not limited to two (2) consecutive non-
payments.
7. Dispute/Conflict Resolution.
The Company and the Client hereby mutually agree to have mutual negotiations if there
arises a dispute concerning this contract. If the negotiations fail, parties may resolve the
issue through Arbitration. The decision and award of the arbitrator shall be final. The
costs of such proceedings shall be borne equally by both parties.
8. Indemnification.
The Client agrees to indemnify and hold harmless the Company and its employees,
from and against all liability, claims, demands, and expenses, including court costs and
attorney fees, on account of any injury, loss, or damage, which may arise out of or are
in any manner connected with the work to be performed under this Contract, if any such
injury, loss or damage is caused in whole or in part by or is claimed to be caused in
whole or in part by, the negligent acts, errors, or omissions of the Company, any
Subcontractor of the Company, or any officer, employee, or agent of the Company.
9. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the
state of Florida.
10. Force Majeure
For this agreement, “Force Majeure” means an event that a diligent party could not have
reasonably avoided in the circumstances, which is beyond the control of a party and
includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood, or
adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts,
confiscation, or any other action by government agencies.
A Party’s failure to fulfill its obligations due to Force Majeure, shall not be considered a
breach of this agreement provided that the party has taken all reasonable precautions,
due care, reasonable alternative measures, and minimal delay to carry out the terms of
this agreement.
11. Severability.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of
competent jurisdiction, such invalidity shall not affect the validity or operation of any
other term, clause, or provision, and such invalid term, clause, or provision shall be
deemed to be severed from the Agreement.
IN WITNESS WHEREOF, each of the Parties has executed this Contract, as of the day
and year set forth above.
Signed by the COMPANY; – Signed by the CLIENT;
Signature:
_____________________________
Signature:
___________________________
Name:
________________________________
Name:
_______________________________
Date:
_________________________________
Date:
________________________________
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