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This Material Subcontractor Agreement is between a general contractor and a subcontractor whereby the general contractor pays the subcontractor for the purpose of providing material to the general contractor. This template document contains provisions for the subcontractor’s responsibilities, length of the agreement, and fees. This document can be customized to ensure that the understandings of the parties are properly set forth. This document should be used by general contractors needing material or subcontractors that are material suppliers.
This Material Subcontractor Agreement is between a general contractor and a subcontractor whereby the general contractor pays the subcontractor for the purpose of providing material to the general contractor. This template document contains provisions for the subcontractor’s responsibilities, length of the agreement, and fees. This document can be customized to ensure that the understandings of the parties are properly set forth. This document should be used by general contractors needing material or subcontractors that are material suppliers. Material Subcontractor Agreement MATERIAL SUBCONTRACTOR AGREEMENT THIS MATERIAL SUBCONTRACTOR AGREEMENT (the “Agreement), made this ____ day of ________________, 2_____, by and between ______________ (the “General Contractor”) and ____________________ (the “Subcontractor”). WHEREAS, the General Contractor wishes to obtain the services of the Subcontractor for the purposes of providing material to the General Contractor for the Work to be performed at the Premises; AND WHEREAS, the Subcontractor’s main business activity and services include the supplying of __________________________ materials to contractors; AND WHEREAS, the Subcontractor is desirous to provide its material supplier services to the General Contractor pursuant to the terms and conditions contained herein. NOW THEREFORE THIS AGREEMENT WITNESSES, that for good and valuable consideration of the mutual covenants and agreements contained herein, the receipt and adequacy of which is hereby acknowledged, the General Contractor and the Subcontractor hereto covenant and agree as follows: 1.00 SERVICES 1.01 The Subcontractor shall provide the following material supplier services to the General Contractor for the performance of the Work (the “Work”) to be completed by the General Contractor at the Premises pursuant to the terms and conditions contained on Schedule “A” annexed hereto: (a) (b) (c) 1.02 The Subcontractor shall provide the material supplier services to the General Contractor for the performance of the Work at the Premises municipally known as __________________ (the “Premises”) or at such other location as the General Contractor may direct. 1.03 The Subcontractor shall provide the materials to the General Contractor at the Premises in accordance with the delivery schedule contained on Schedule “B” annexed hereto. 3 2.00 FEES 2.01 The General Contractor hereby agrees that it shall pay to the Subcontractor the sum of ____________ ($_______) Dollars (the “Fees”) for the material supplier services at the Premises. 2.02 The General Contractor shall pay the Fees to the Subcontractor as follows: (a) upon execution of this Agreement, the General Contractor shall pay to the Subcontractor a Deposit in the sum of _____________ ($_______) Dollars (the “Deposit”) by way of cash, certified check, money order or bank draft, in contemplation of the Subcontractor providing the material to the General Contractor for the Work at the Premises; and (b) upon the completion of delivery of the materials by the Subcontractor to the General Contractor for the Work at the Premises, the General Contractor shall pay to the Subcontractor the balance of the Fees due and owing by way of cash, certified check, money order or bank draft. The balance of the Fees due and owing to the Subcontractor shall be paid to the Subcontractor in full within ______ (____) days of the completion of the Work. 3.00 TERMS OF RELATIONSHIP 3.01 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 General Contractor and the Subcontractor agrees to use and contract exclusively with the other party for the material services to be performed at the Premises. 4.00 SUBCONTRACTOR RESPONSIBILITIES 4.01 The Subcontractor shall undertake and complete in a timely and good and workmanlike manner the material services required at the Premises by the General Contractor to the same extent and in the same manner as if the Subcontractor had been contracted for providing the material services at the Premises independently. 4.02 The Subcontractor shall maintain at a minimum a standard commercial public liability and property damage insurance with a ____________________ ($____________) Dollar coverage limit and having the General Contractor as an additional insured together with all other Stated specific legislated workers compensation insurance coverage and any other insurance as may be reasonably required by the particular General Contractor. 4 5.00 TERM 5.01 The term of this Agreement shall be for a period of _____________ (___) weeks or months commencing from the date hereof and ending on the _____ day of _____________, 2_______, unless terminated at an earlier date pursuant to provisions contained herein. 6.00 SCHEDULING OF WORK 6.01 The Subcontractor agrees that it shall not deliver any material to the Premises or commence the Work until the Subcontractor receives written notice from the General Contractor to do so. 6.02 The Subcontractor will commence the Work upon receiving such written notification from the General Contractor and shall perform the Work on Work Days. Work Days shall mean the days commencing Monday through Friday between the hours of _______ a.m. and _______ p.m. 7.00 TERMINATION OF AGREEMENT 7.01 This Agreement shall be terminated prior to the end of the term and the General Contractor and the Subcontractor will relieved of any further obligations hereunder as follows: (a) where an execution or any other process of any court shall become enforceable against one party or a distress or analogous process shall be levied upon the property of one party or any part thereof then in either event the other party, at its sole option, may terminate this Agreement; (b) where one party shall become insolvent or commit an act of bankruptcy, or make an assignment in bankruptcy or a bulk sale of its assets or a bankruptcy petition shall be filed or presented against a party and not be bona fide opposed by such party the other party, at its sole option, may terminate this Agreement; or (c) either party may terminate this Agreement where the other has ceased to carry on the business contemplated by this Agreement and as was being carried on as of the date hereof. 5 8.00 GENERAL PROVISIONS 8.01 This Agreement shall be governed by and interpreted according to the laws of the State of ____________________. 8.02 The Subcontractor liability shall be strictly limited to the value of the material 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 General Contractor or the customer on account of any default or negligence of the Subcontractor. The Subcontractor agrees to indemnify and save the General Contractor harmless from any claims or judgments brought or made against it in contravention or excess thereof. 8.03 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. 8.04 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. 8.05 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. 8.06 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. 6 IN WITNESS WHEREOF, the General Contractor and the Subcontractor have executed this Agreement as of the day and year first written above. (CONTRACTOR) Per: Name: Title: I have authority to bind the Company. (SUBCONTRACTOR) Per: Name: Title: I have authority to bind the Company. 7 SCHEDULE “A” TERMS AND CONDITIONS 8 SCHEDULE “B” DELIVERY SCHEDULE OF MATERIALS 9 “All forms and documents from DocStoc are provided “as is” without warranty of any kind, express or implied. DocStoc does not provide any legal advice, and assumes no responsibility for the enforceability or effectiveness of its documents. Users should consult with a lawyer if there is any question as to the appropriateness of the documents for their particular situation.” 10
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