Cosmo Contract Services, Inc.
INSTALLATION PURCHASE AGREEMENT
THIS INSTALLATION AGREEMENT (hereinafter referred to as "Agreement") is entered into this ________ day of
________, 2001, by and between Cosmo Contract Services, Inc., a Nevada corporation doing business in Utah
(hereinafter referred to as "CCS”), and
(hereinafter referred to as "Customer"), for labor services rendered at:
(hereafter referred to as “job site”).
In consideration of the premises and mutual covenants and obligations hereafter set forth, the parties hereby agree as
1. Installation: Cosmo Contract Services shall complete the installation as set forth in Exhibit "C" hereto.
2. Customer: Customer shall supply or cause to be supplied the following set forth in Exhibit "C" hereto.
3. Payment: Customer agrees to pay CCS the amount set forth in Exhibit ‘D’ on the following terms and conditions: ---
% down, balance due net thirty (30) days after date of invoice. If the account becomes delinquent, the Customer
shall be assessed a finance charge in the amount of two (2%) percent per month until the account is made current.
There will be a twenty-five ($25.00) dollar service charge on all returned checks. The Schedule of Values for the
product listed in Exhibit ‘D’ shall be for a total contract price of $ . All retention and final payments are
required to be released to Cosmo Contract Services, Inc. no later than thirty (30) days from the date of final installation
4. Payment Schedule: A weekly payment schedule for all completed work is required. The payment schedule is as
a. On Friday of every week CCS technicians will request inspection and signature for all completed work. The
completed work on the project will be invoiced on Wednesday of the following week. Delinquency in payment for
work completed may result in work stoppage until payments are current. Subsequent costs incurred as a result
of such stoppage shall be borne by the Customer.
5. Deposit: A deposit on the total installation amount is required for installation materials on all projects. Concurrent with the
execution of this Agreement, Customer shall pay to CCS a down payment in the amount of $ .
6. Schedule of Work: It is understood that a minimum number of units must be made available to our technicians for
installation on at least six (6) days per week. A minimum number of rooms per day per technician for the duration of
this project may be required. Please see scope of work.
If our technicians are required to stop work for more than 48 hours, an additional fee of $200 per day per technician
will be added to the weekly payment invoice.
If we are required to leave the project and return at a later date, an additional fee of $350 per occurrence will be
required for additional travel costs. This cost will be added to the weekly payment invoice. The most common
requests for our technician to leave a project are due to one of the following:
a. hotel is full
b. other trades cannot maintain schedule due to material/labor shortage
c. hotel did not or could not acquire the necessary plumbing parts/labor
In addition, should we be required to leave any property, the hotel or contractor may be required to bring on-site a
storage trailer and forklift to load the storage trailer in order to secure the product in our absence.
7. Location of Job Site: Within ten (10) days after execution of the Agreement, Customer by writing shall inform Cosmo
Contract Services of the site of the job and the job site's legal description, which shall include city, county and state
where the property is located.
8. Insurance: Customer shall provide Builders All Risk Insurance, which coverage shall be extended to Vermax. Prior
to commencing the work, Customer shall furnish to Cosmo Contract Services the executed Certificate of Insurance
issued by an insurance company acceptable to Cosmo Contract Services.
Cosmo Contract Services shall maintain adequate insurance, which limits and coverage shall not exceed current
Cosmo Contract Services policy standards during the progress of the work. Such insurance will include:
a. Workers Compensation insurance which meets the statutory requirements of the state in which the work is to be
b. Comprehensive General Liability insurance, the policy of which will include only the general contractor and
owner as additional insured.
9. Taxes: Customer will be responsible for the payment of all local, state and federal sales, use, privilege, business,
license and any other taxes and fees in connection with the work performance of Cosmo Contract Services.
Customer shall reimburse to Cosmo Contract Services immediately all taxes, excises or other charges which Cosmo
Contract Services may be required to pay to government for the sale, use, production or transportation of these
goods and services.
10. Warranty: Cosmo Contract Services guarantees that the work performed under this contract shall be free from
defects and shall conform to meet the requirements of the contract. Cosmo Contract Services agrees to make good
any portion or portions of the work which prove to be defective within one (1) year from the date of installation
11. Consequential or Incidental Damages: Cosmo Contract Services shall not be liable for any consequential or
incidental damages, or loss, or expense arising in connection with the product or the inability to use the product for
any purpose whatsoever. Hospitality Contract Service's maximum liability should not in any case exceed the contract
price for the product.
12. Default: In the event either of the parties to this Agreement defaults in any covenants, conditions or performances
required, then the defaulting party shall pay to the other party all costs and expenses, including a reasonable
attorney's fee, which may arise or accrue from enforcing this Agreement by filing suit or otherwise. Notwithstanding
the above, Customer's failure to make payment as specified above is acknowledged to be a material breach of the
contract and Cosmo Contract Services shall have the additional following remedies:
a. To completely stop production of all remaining products on order; and/or
b. To accelerate the entire contract balance, upon the giving of five (5) days written notice to Customer, and
thereafter Customer shall be obligated to immediately pay the entire contract balance in full.
13. Applicable Law: This sale shall be governed by the laws of the State of Utah. In the event of litigation arising from or
related to the sale of these goods, the parties acknowledge and agree that jurisdiction and venue properly lies in Salt
Lake County, State of Utah, and the parties consent to litigation of their claims in that forum. However, Cosmo
Contract Services may, at its sole option, elect to pursue its claim by asserting or foreclosing a lien upon the property
where services are provided.
14. Contractor's License: Customer and Cosmo Contract Services acknowledge that Cosmo Contract Services has an
active contractor's license in the State of Utah and does not have a contractor's license in any other states. If
installation is done by Cosmo Contract Services in any state other than Utah, Customer waives any defenses which it
may have under any applicable statute regarding Hospitality Contract Service's right to sue upon non-payment by
Customer, even if Cosmo Contract Services does not have a license. Customer further acknowledges that if state
law requires Cosmo Contract Services to obtain a contractor's license to do installation, that Customer will have the
obligation of procuring either a temporary license for Cosmo Contract Services or making arrangements for Cosmo
Contract Services to associate with a licensed contractor at Customer's cost so that installation may be completed in
a proper and timely manner.
15. Credit: The acceptance of this contract is contingent upon the approval of Customer credit and Customer
acceptance of Cosmo Contract Services credit terms and conditions.
16. Adjustments: Cosmo Contract Services reserves the right to make adjustments to the prices listed in Exhibit "D"
hereto in the event that change-orders are made to the dimensions or specifications of the project or if Cosmo
Contract Services is delayed in the diligent performance of its work progression as a result of any indirect or direct
work interruption or slowdown, caused by the contractor or any other subcontractors. No additional work or order
changes will be performed without the written receipt of a signed and authorized change-order.
17. Headings: The headings used herein are used solely for convenience and are not to be used construing or
interpreting the Agreement.
18. Assignment: This Agreement shall not be assigned by Customer without the prior written consent of Cosmo Contract
19. Severability: The provisions of this Agreement are severable, and, if one or more provisions are determined to be
illegal or otherwise unenforceable, all or in part, the remaining provisions will, nevertheless, be binding and
20. Entire Agreement: This Agreement constitutes the entire agreement between the parties and neither party shall be
bound by any representations, promises, warranties or statements, expressed or implied, oral or written, not set forth
or specifically referred to herein. This Agreement may only be modified or changed in writing, with said writing to be
signed by all parties to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written.
COSMO CONTRACT SERVICES, INC.
(Cosmo Contract Services)
Randy Johnson Date
City, State ZIP