Cabinetry Subcontractor Agreement

Document Sample
Cabinetry Subcontractor Agreement Powered By Docstoc
					This document sets forth the terms and conditions of an agreement between a general
contractor and a cabinetry subcontractor whereby the general contractor pays a fee for
the cabinetry services of the subcontractor. As drafted, the subcontractor provides
certain services, such as installation of cabinet fixtures, and the agreement requires the
subcontractor to maintain a minimum amount of public liability and property damage
insurance coverage. This agreement contains standard clauses but also has
opportunities for customization to fit the needs of the drafting parties.
                                                             Cabinetry Subcontractor Agreement


                     CABINETRY 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 desires to obtain the services of the Subcontractor for the purposes
of providing cabinetry services to the Contractor;

WHEREAS, the Subcontractor desires to provide the Subcontractor’s cabinetry services to the
Contractor pursuant to the terms and conditions contained herein.

NOW, THEREFORE, for good and valuable consideration of the mutual covenants and
agreements contained herein, the receipt and adequacy of which is hereby acknowledged, the
Contractor and the Subcontractor hereby covenant and agree as follows:

1. TERM

   A. The term of this Agreement shall weeks commence upon the Effective Date and conclude
upon completion of the Work (as such term is defined in paragraph 2 hereof) on the Premises (as
such term is defined in paragraph 2 hereof), unless otherwise terminated pursuant to paragraph
Error! Reference source not found.1(Error! Reference source not found.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; or

     iii.   In the event of insolvency, bankruptcy, liquidation, death, or disability of the other
party.

2. SERVICES

    A. The Subcontractor shall provide cabinetry services, labour, materials and equipment to
the Contractor for the performance of the Work (the “Work”) to be completed by the
Subcontractor in accordance with the Contractor’s specific plans and specifications and pursuant
to the terms and conditions contained on Schedule “A” annexed hereto.

    B. The cabinetry services to be performed by the Subcontractor shall be in accordance with
the elevations and 3D renderings of the proposed cabinetry to be installed at the Premises as set
out on Schedule “B” annexed hereto.

  C. The Subcontractor shall perform the Work at __________________ [Instruction: Insert
Address] (the “Premises”) or at such other location as the Contractor may direct

    D. The Subcontractor agrees that it shall not deliver any material or equipment to the
Premises or commence the Work until the Subcontractor receives written notice from the
Contractor to do so. The Subcontractor will commence the Work upon receiving such written
notification from the Contractor and shall perform the Work on Work Days. “Work Days” shall
mean the days commencing Monday through ____________ [Instruction: Insert Day of the
Week] between the hours of _______ a.m. [Instruction: Insert Time] and _______ p.m.
[Instruction: Insert Time].

    E. Subject to the condition that each of the parties hereto and their servants, agents and sub
contractors shall at all material times have the necessary qualifications, each of the Contractor
and the Subcontractor agrees to use and contract exclusively with the other party for the
installation of the cabinetry at the Premises.

3. COMPENSATION

The Contractor hereby agrees that it shall pay to the Subcontractor the sum of ____________
Dollars ($_______) [Instruction: Insert Amount] (the “Fee”) in consideration of
Subcontractor’s Work at the Premises. __________________ percent (___%) of the Fee shall
become due payable upon execution of this Agreement, and the remainder shall become due and
payable upon the completion of the Work at the Premises, provided said Work is done in a
manner that is satisfactory to the Contractor.

4. REPRESENTATIONS, WARRANTIES, INDEMNIFICATION, AND REMEDIES

    A. The Subcontract represents and warrants that:

      i.    The Subcontractor 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 Subcontractor shall undertake and complete in a timely and good and
workmanlike manner the installation of all cabinetry required at the Premises by the Contractor
to the same extent and in the same manner as if the Subcontractor had been contracted for the
installation of the cabinetry at the Premises independently.

      iii. The Subcontractor 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 Contractor shall be listed as an additional insured. The
Subcontractor shall also maintain all other State legislated workers’ compensation insurance


© Docstoc®, Inc. 2011 – All Rights Reserved
coverage and any other insurance as may be reasonably required by the Contractor.

    B. The Subcontractor shall, at its own expense, indemnify, save and hold the Contractor
harmless from any and all damages, losses and costs (including, but not limited to, legal costs
and attorneys' fees) incurred or sustained by reason of or arising out of any breach or alleged
breach by the Subcontractor of any of the representations, warranties, or agreements herein made
by the Subcontractor. Without limiting any right or remedy otherwise available to the
Contractor, in the event of any such claim, the Contractor 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.

    C. The Subcontractor’s liability shall be strictly limited to the value of the cabinetry
installation services agreed to be performed and for greater certainty the Subcontractor 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 Contractor or the customer on
account of any default or negligence of the Subcontractor. The Subcontractor agrees to
indemnify and save the Contractor harmless from any claims or judgments brought or made
against it in contravention or excess thereof.

5. 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.




© Docstoc®, Inc. 2011 – All Rights Reserved
    D. This Agreement and the schedules referred to herein constitute 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 Contractor and the Subcontractor have executed this Agreement
as of the day and year 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]




© Docstoc®, Inc. 2011 – All Rights Reserved
                                          SCHEDULE “A”

                                   TERMS AND CONDITIONS




© Docstoc®, Inc. 2011 – All Rights Reserved
                                          SCHEDULE “B”

                       3D RENDERINGS OF PROPOSED CABINETRY




© Docstoc®, Inc. 2011 – All Rights Reserved

				
DOCUMENT INFO
Description: This document sets forth the terms and conditions of an agreement between a general contractor and a cabinetry subcontractor whereby the general contractor pays a fee for the cabinetry services of the subcontractor. As drafted, the subcontractor provides certain services, such as installation of cabinet fixtures, and the agreement requires the subcontractor to maintain a minimum amount of public liability and property damage insurance coverage. This agreement contains standard clauses but also has opportunities for customization to fit the needs of the drafting parties.
Customize This Document Instantly download your personalized document Guided Fill-in-the-Blank Process
This document is also part of a package General & Subcontractor Agreements 22 Documents Included