This Plumbing Subcontractor Agreement is made between a contractor and a subcontractor for the provision of plumbing services. This document contains the material terms and conditions of the agreement including the scope of services, the payment details and the term of the agreement. It contains numerous standard provisions that are commonly included in these types of agreements and may be customized to address the specific needs of the contracting parties. This document should be used by plumbing subcontractors and contractors when entering into an agreement for services.
Plumber Contractor- Subcontractor Agreement This agreement is between a primary contractor and a subcontractor for plumbing services. Under this agreement, the contractor and subcontractor agree to work together to provide plumbing services to customers. Simply enter your information in the yellow highlighted fields, delete the bolded instructions, and you will have a customized subcontractor agreement that will protect both parties’ interests. This agreement is ideal for individuals or small businesses that want to provide or receive plumbing subcontractor services. PLUMBING SUBCONTRACTOR AGREEMENT This agreement (the “Agreement”) is effective as of the ___ day of ______________, 20___ [Instruction: Insert Date] (the “Effective Date”), by and between ___________________ [Instruction: Insert Name of Contractor], _______________________ [Instruction: Insert Address] (the “Contractor”), and ____________________ [Instruction: Insert Name of Subcontractor], _____________________ [Instruction: Insert Address] (the "Subcontractor"). WHEREAS, the Contractor and Subcontractor wish to contract with each other to perform certain plumbing installation work in the primary business area of the other; NOW, THEREFORE, for good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, and in consideration of the promises and covenants contained herein, the parties hereto agree as follows 1. TERM A. The term of this Agreement shall be for a period of _____________ (___) years [Instruction: Insert Term], commencing upon the Effective Date (the “Term”) , unless otherwise terminated pursuant to paragraph 1(B) hereof. B. This agreement may be terminated by either party upon written notice if: i. Either party breaches a material provision or defaults on its obligations under this agreement, and upon written notification by the other party, fails to remedy such breach within (30) days; ii. If any representation or warranty made herein shall be found to be false, incorrect or misleading in any material respect, by omission or otherwise. iii. In the event of insolvency, bankruptcy, liquidation, death, or disability of the other party. 2. TERRITORY The territory of this Agreement shall be ______________________________ [Instruction: Insert Territory] (“Territory”). 3. EXCLUSIVITY Subject to the terms and conditions of this Agreement, throughout the Term and within the Territory hereof, each party (the “Contracting Party”) agrees to exclusively use and contract with the other party (the “Contracted Party”) for the installation and maintenance of [Instruction: Choose One: residential/commercial/industrial] plumbing fixtures and pipelines by the Contracting Party. Notwithstanding the foregoing, in the event that the Contracting Party believes, in the Contracting Party’s reasonable business judgment that the Contracted Party is not qualified to perform the work at hand, the Contracting Party shall provide the Contracted Party with five (5) business days’ written notice enumerating why the Contracting Party believes that the Contracted Party is not qualified to perform the work at hand. If the Contracted Party fails to provide adequate assurance of the Contacted Party’s qualifications within said notice period, the Contracting Party may use and contract with a third party to perform said work. 4. COMPENSATION A. The Contracted Party shall perform all of the plumbing installation work on the same pricing and payment terms as it would for its major and preferred customers. B. The Contracting Party shall pay all amounts owing to the Contracted Party within thirty (30) days of receipt of invoicing and all overdue accounts shall be subject to interest at the legal rate from and after the date of the invoice in respect of which payment is overdue. C. In the event that a party (in this section called the “Defaulting Party”) fails to use and contract with the other party regarding the installation and maintenance of any plumbing fixtures and pipelines, which pursuant to the terms of this agreement the Defaulting Party was obligated to grant to the other party, then in addition to any other rights and remedies the other party may have herein or at law or in equity, the Defaulting Party shall pay to the other party as liquidated damages, and not as a penalty, an amount equal to _______ percent (____%)[Instruction: Insert Percentage] of the value of such contract. It is acknowledged and agreed that this amount is calculated to be a reasonable estimate of the profits that will be lost by the other party. 5. REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION A. The Contracted Party represents and warrants that: i. The Contracted Party has the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally binding agreement enforceable against the Contracted Party. ii. The Contracted Party shall undertake and complete in a timely and good and workmanlike manner the installation and maintenance of all plumbing fixtures and pipelines to the same extent and in the same manner as if the Contracting Party had independently contracted the installation and maintenance of the plumbing fixtures and pipelines. iii. The Contracted Party shall maintain, at a minimum, a standard commercial public liability and property damage insurance with a coverage limit in the amount of ____________________ Dollars ($____________) [Instruction: Insert Coverage Amount]. On such insurance policies, the Contracting Party shall be listed as an additional insured. The Contracted Party shall also maintain all other State legislated workers’ compensation insurance coverage and any other insurance as may be reasonably required by the particular customer. B. The Contracted Party shall, at its own expense, indemnify, save and hold the Contracting Party harmless from any and all damages, losses and costs (including, but not limited to, legal © Copyright 2015 Docstoc Inc. 3 costs and attorneys' fees) incurred or sustained by reason of or arising out of any breach or alleged breach by the Contracted Party of any of the representations, warranties, or agreements herein made by the Contracted Party. Without limiting any right or remedy otherwise available to the Contracting Party, in the event of any such claim, the Contracting Party shall have the right to withhold from any monies payable hereunder an amount reasonably related to such claim, including but not limited to anticipated legal fees and costs. 6. LIMITATION OF LIABILITY The Contractor’s and the Subcontractor’s liability under this Agreement and any contract entered into pursuant to the terms hereof shall be strictly limited to the value of the installation and maintenance services agreed to be performed. The Contracted Party shall not be liable for any general, special, incidental or consequential damages including, but not limited to, property and equipment damage, loss of production, loss of profits, loss of revenue, or any other business or economic disadvantage suffered by either the Contracting Party or the customer on account of any default or negligence of the Contracted Party. The Contracting Party shall ensure that each contract entered into with a customer provides for a limitation of liability in accordance herewith and agrees to indemnify and save the Contracted Party harmless from any claims or judgments brought or made against it in contravention or excess thereof. 7. MISCELLANEOUS A. The parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint venturers, shareholders, employer/employee, or agent/servant. The Affiliate has no power or authority to bind the Owner to any obligation, agreement, debt or liability. The Affiliate shall not hold itself out as an agent or representative of the Owner. B. This Agreement shall be governed by and interpreted according to the laws of the State of ______________________, [Instruction: Insert State], applicable to agreements to be wholly performed therein, with jurisdiction exclusive to the Federal and State courts located in the County of _____________ [Instruction: Insert County], State of ______________ [Instruction: Insert State], and the parties hereto irrevocably consent to the jurisdiction of such courts. C. This Agreement may not be assigned or transferred by either party without the express written consent of the other party which consent may be withheld in the discretion of the consenting party. Subject to the foregoing, this Agreement shall be binding upon and enure to the benefit of the parties and their respective heirs, administrators, executors, successors and permitted assigns. Nothing herein, express or implied, is intended to confer upon any person, other than the parties and their respective heirs, administrators, executors, successors and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. © Copyright 2015 Docstoc Inc. 3 D. This Agreement constitutes the entire agreement between the parties and supersede all prior agreements, representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof. The parties further acknowledge and agree that, in entering into this Agreement, they have not in any way relied, and will not in any way rely upon any oral or written agreements, representations, warranties, statements, promises, information, arrangements or understandings, express or implied, not specifically set forth in this Agreement or in such schedules, documents or instruments. E. No failure by either party to pursue any remedy resulting from a breach of this Agreement by the other shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by the non-breaching party. F. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid, such illegality or invalidity shall not affect the validity of the remainder hereof. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CONTRACTOR: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory] SUBCONTRACTOR: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory] © Copyright 2015 Docstoc Inc. 3
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