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This document is a sample sub-contracting agreement between a company and a subcontractor for the provision of services to the company’s customers. The document begins with the definition of terms used throughout the agreement. It establishes that the company requires the services to be provided to its customers, while the subcontractor is willing to provide these services.
The document then outlines the obligations of the subcontractor. This includes compliance with all statutes, regulations, and orders applicable to the job, as well as performing the services specified in the job orders. The subcontractor is required to provide contractors with the necessary professional qualifications to perform their assigned tasks, as well as training and equipment to enable the contractors to carry out their duties effectively.
The document also outlines the importance of job orders to the agreement, stating that each job order is considered part of the agreement and must be dated and signed by both parties. It also specifies that the job must be completed by the completion date indicated in the job order, and if there is a delay, the company may grant an extension. The subcontractor is also expected to provide warranties that any quality issues with the work product that appear within a specified warranty period will be addressed at their own expense.
The agreement further specifies that the subcontractor must secure all licenses and bonds necessary to perform the services and that the services will be carried out in a manner that is in accordance with ordinary business custom and usage and any applicable statutes, regulations, ordinances, or contracts. The subcontractor must also warrant that the performance of its duties will not infringe on any patent, copyright, trade secret, or other proprietary rights of a third party.
The document concludes by specifying that the subcontractor is responsible for any damages incurred if the job is not completed by the completion date, and the company may receive liquidated damages if this occurs. Finally, it stipulates that this agreement is legally binding on both parties and may only be amended in writing and signed by both parties.
If you are a Sub-Contractor looking to enter into an agreement with a Company to provide your services to the Company's customers, you can use this document as a template for your Sub-Contracting Agreement. Here are the steps you need to follow to use this document:
1. Understand the terms: Before signing the agreement, you must understand the terms and definitions used in the agreement, such as Agreement Price, Completion Date, Job, Job Order, and Agreement.
2. Sub-Contractor's obligations: The Sub-Contractor must agree to provide the Services to the Company's customers as specified in the Job Order(s). The Sub-Contractor should also comply with all the relevant statutes, statutory instruments, rules, orders, regulations, or bylaws applicable to the Job.
3. Job Orders: Each Job Order is part of the Agreement and is binding on both parties. The Sub-Contractor cannot commence Services until the Company executes and returns the appropriate Job Order. The Job must be completed by the Completion Date in the Job Order. If the Job is not completed by the Completion Date, the Company is entitled to liquidated damages.
4. Warranties from Sub-Contractor: The Sub-Contractor must provide a warranty for the work product. If there is any quality issue within the specified time frame, the Sub-Contractor must rectify it at their own expense. The Sub-Contractor must also have secured all necessary licenses and bonds and perform the Services according to the applicable statutes, regulations, ordinances, or contracts.
5. Qualifications of Sub-Contractors: The Sub-Contractor must provide contractors with the professional qualifications stated in the Job Order. The Company and Customer may interview the contractors and request substitutions or removal of the contractors. The Sub-Contractor must ensure that all contractors are properly trained and fully equipped to perform their assigned tasks.
By following these steps, you can use this Sub-Contracting Agreement to enter into an agreement with a Company to provide your services to the Company's customers. Make sure you understand all the terms and conditions before signing the agreement.