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HomeMy WebLinkAboutSales & Installation Agreementi CONTRA T, TTNI L,L.c __.._._. SALES AND INSTALLATION AGREEMENT THIS SALES AND IN9TALLM0NAGREMRff i this 51W dayof Pffft- ?i0� BSl'W�EEN: nn CLIENT I CONTRACTOR ,l7jufwI , Q, ow9don-fri 4- MLG CONTRACTING LLC ! 410E M4GM l ��ZI✓� i 1450 SE Grapeland Ave, Port St_ Lucie, FL �NLr .5i Ldrie / r%=- 3y987 952 772-418-0560 PHONE(') 9;N -a9yo MLGLLC@PROTONMAII..COM EMAIL �(-BQ//F%✓� M��✓. PL, !iS CGC1527586 BACKGROUND I A. The Client is of the opinion that the Contractor hash the necessary qualifications, experience and abilities to provide services to the Client. B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which c0Tderation is hereby admowledged, the Client and the Contractor (individually the "Party" and collectively the I Parties" to this Agreement) agree as follows: SERVICES PROVIDED 1. The Client hereby agrees to engage the Contractor io provide the Client with the following sale/s and/or service/s: I -nD 'Fv&Ar,i- f, .27/Sr-i44- /da mph' Ex� /�avc �ruos✓ ow Zr,rrs,7-1W6 C'oNu �9%/Y Corr / G� S�- 6urr�7z TGt�o Sc2� JlMirzs - i 2. The Services will also include any other tasks which i the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client TERM OF AGREEMENT 3. The term of this Agreement will begin on the date f this Agreement and will remain in full force and effect until the completion of the Services, subject io earlier termination as provided in this Agreement The Term maybe extended with the written consent of the Parties. PERFORMANCE 4. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect CURRENCY S. Except as otherwise provided in this Agreement, a# monetary amounts referred to in this Agreement are in USD (US Dollars). j I COMPENSATION 6. The Contractor will charge the Client for the Services as follows • 50% Deposit Remainder ofbalancedueupon completior� • See attachment for terms. Engineering, Permit t fees, Electrical to meet code, etc. 7. Invoices submitted by the Contractor to the Client ;are due upon receipt a. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the &ii tactor will be entitled to pro rata payment of the Compensation to the date of termination providedlthat there has been no breach of contract on the part of the Contractor. :9MBURSEMENT OF EXPENSES 1 9. The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services. 10. All expenses must be PRE -APPROVED by the Client CONFIDENTIALITY 11. Confidential information (the "Confidential Information refers to any data or information relating to the business ofthe Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business p and client records and that is not generally known in the industry of the Client and where the release of t Confidential Information could reasonably be expected to cause harm to the Client 12. The Contractor agrees that theywill not disd ge, reveal, report or use, for any purpose, any Confidential Information which the Contractor obtained, except as authorized by the Client or as required by law. The obligations of confidentiality I apply during the Term and will survive indefinitely upon termination of this Agreement 13. All written and oral information and material disc, sed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Con4ctun CAPACITYANDEPENDENT CONTRACTOR 14. In providing the Services under this Agreement it independent contractor and not as an employee. I Agreement does not create a partnership or joint i service. The Client is not required to pay, or make federal tab, unemployment compensation, worker pension or any other employee benefit for the Cor for paying, and complying with reporting requires paymentsmade to the Contractor under this Agar NOTICE 15. All notices, requests, demands or other communi Agreement will be given in writing and delivered *t')YJM t AtvMfikftrbFuaE a. 111Ka AMCiA / -Ae, r4aL - 5T 44140, jri, mo-i b. bMG CONTRACriNG LLC 1450 SE Grapeland Ave, Port St Lucie, FL 34952 expressly agreed that the Contractor is acting as an e Contractor and the Client admowledge that this nture between them, and is exclusively a contract for ay contributions to, any social security, local, state or compensation, insurance premium, profit-sharing, ractor during the Term. The Contractor is responsible mts for, all local, state and federal taxes related to ions required or permitted by the terms of this the Parties at the following addresses: or to such other address as either Party may from a to time notify the other, and will be deemed to be properly delivered (a) immediately upon being sered personally, (b) two days after being deposited with the postal service if served by registered mail, or (o the following day after being deposited with an overnight courier. INDEMNIFICATION 16. Except to the extent paid in settlement from any a#plicable insurance policies. and to the extent permitted by applicable law, each Party agrees to indemnify Od hold harmless the other Party, and its respective directors,'shareholders, affiliates, officers, agents, c�ployees,and permitted successors and assigns against any and all claims, losses, damages, liabilities, pen* ties, punitive damages, expenses, reasonable legal fees and costs 9f any kind or amount whatsoever, whid result from or arise out of any act or omission of the indemnifying Party, its respective directors, shareh olders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in cot nection with this Agreement This indemnification will survive the termination of this Agreement ADDITIONAL CLAUSES 17. * The Environmental Protection Agency rule (40 C Part 745)- Requires that before initiating a job in a building built before 1978, contractors must per&4 a lead test on the existing paint If lead is found, specific procedures must be followed in perfo the job. Extra costs of such procedures shall be added to the contract amount 18. ** Buyers right to cancel- This provision applies to the buyer's home and/or if the solicitation is for in requirements of Florida Statutes 401.025, 501.031 evidence is writing the buyer's right to cancel in t This is a home solicitation and/or home improver may cancel the agreement by providing written n, notice must state that you do not want the goods midnight of the third business day after you sign not keep all or part of any cash down payment 19. *** Florida's Construction Lien Law (Sections property or provide materials and services and are payment against your property. This claim is know subcontractor fails to pay subcontractors, sub -subs owed money may look to your property for payme fail to pay your contractor, your contractor may al: Sled, your property could he sold against your will contractor or a subcontractor may have failed to p, contract that before any payment is made, your coi of lien Srom any person or company that has provi lien law is complex and it is recommended that yoi retail contracts in which solicitation is performed at made to the buyers home. The ad 520.72 pertaining to the sellers obligation to forms of indebtedness as it applies herein: nt sale. If you do not want the goods or services, you ice to the seller in person, by telegram, or mail. The services and be delivered or postmarked before e agreement If you cancel the agreement, the seller may DI -71337 Florida Statutes) - Those who work on your got paid in full have a right to enforce their claim for as a construction lien. Ifyour contractor or a ntractors, or material suppliers, those people who are t, even if you have paid your contractor in full. If you file a lien on your property. This means if a lien is o pay for labor, materials or other services that your r. To protect yourself, you should stipulate in this xactor is required to provide you with a written release ed to you a "notice to owner". Florida's construction consult an attorney. 20. **** Construction Industries Recovery Fund Payment may be made available from the Co"Ition Industries Recovery Fund ifyou lose money on a project performed under contract, where the loss r6ults from specified violations of Florida law by a state licensed contractor. For information about the rec#very fund and filing a claim, contact the Florida Construction Industry Licensing Board at the foIlgWrmg number and address: Construction Industry Licensing Board 7960 Arlington Expressway, Suite 300 Jacksonville, FL 32211-7467 (904) 359- 6310. MODIFICATION OF AGREEMENT Cr)N-M.=5.NG Y" C (ATTACHMENT) List of Charges: t. SUBTOTAL OF SCOPE OF WORK PER CONTRAMS1 t 1,5-6 If ;zSro-0— ADDYnONALSCGPE:$( ) I IVIA SALES TAX (if applicable.)$ I /WC (- VVqV 11 21. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing i "gned by each Party or an authorized representative of each Party. TOME OF THE ESSENCE 22Time is of the essence in this Agreement. No extension or ation of this Agreement will operate as a waiver of this orovisi(m ASSIGNMENT The Contractor will not voluntarily, or by operation of law, align or otherwise transfer its obligations under this 23. Agreement without the prior written consent of the Client. ENTERE AGREEMENT 24. It is agreed that there is no representation. warranty., collate agreement or condition affecting this Agreement except as expressly provided in this Agreement. 25 This Agreement will enure to the benefit of and be binding o i the Parties and their respective heirs, executors, administrators and permitted successors and assigns. TOTLSS/04E., DONGS Headings are inserted for the convenience of the Parties onl land are not to be considered when interpreting this 2�' Agreement. ' GENDER 27 Words in the singular mean and include the plural and vice v�rsa. Words in the masculine mean and include the feminine and vice versa. G®VE RNMG LAW 28. This Agreement will be governed by and construed in actor Iance with the laws of the State of Florida. SEVERASILMY In the event that any of the provisions of this Agreement welheld to be invalid or unenforceable in whole or in part, all other '_9. provisions will nevertheless continue to be valid and eoforcel ble with the invalid or unenforceable parts severed from the remainder of this Agreement. WAIVER The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Pam- 36 will not be construed as a waiver of any subsequent breach If the same or other orovisionr. IN WITNESS WHEREOF the Parties have duly affixed their signat{rres under hand and seal on this 3 i& day or CLIENT SIGNAI CONTRACTOR