Plumbing Subcontractor Agreement

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									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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