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This service agreement is a legally binding document that outlines the terms and conditions between the painter and the customer for the provision of painting services. The agreement starts with an interpretation section, which defines key terms and clarifies the context of the agreement. It then proceeds to outline the painter's obligations, including the provision of services in a professional and diligent manner, compliance with laws and regulations, and the need for a separate agreement for any services outside the scope defined in the agreement.
The completion of the work section emphasizes the importance of timely performance and sets a completion date for the services. It also addresses the possibility of delays and provides for an extension of the completion date if justified. In case of non-completion by the completion date, the customer is entitled to liquidated damages per week.
The service fees section specifies the payment terms, including the service fee amount, invoicing process, payment due date, and late payment charges. It also covers the reimbursement of expenses incurred by the painter and the customer's responsibility to provide necessary supplies.
The warranties and indemnities section highlights the painter's obligation to promptly notify the customer of any delays, problems, or complaints related to the services. It also requires the painter to rectify any defects in the provision of services and limits the painter's rights and benefits to those defined in the agreement.
The term and termination section states the duration of the agreement and the conditions for termination by either party. It also addresses the consequences of termination, including the return of materials and the payment of a fair and reasonable sum for completed services.
The ownership of materials section clarifies that materials and goods intended for the services become the property of the customer, while the intellectual property produced or developed under the agreement belongs solely to the customer. The painter's use of the customer's intellectual property requires written consent.
The confidential information section imposes obligations on both parties to keep the terms of the agreement and any confidential information confidential, subject to certain exceptions.
The announcements/publicity section requires prior written approval for any announcement or disclosure related to the agreement, except as required by law or regulatory bodies.
The amendment section specifies that any variation of the agreement must be in writing and signed by the parties. It also clarifies that variations do not constitute a waiver of other provisions and do not affect accrued rights and obligations.
The assignment section prohibits the assignment or sub-contracting of the agreement without prior written consent.
The severability section addresses the invalidity or unenforceability of any provision and requires the parties to negotiate a valid substitute provision if necessary.
The further assurance section obligates the parties to perform all acts and execute all documents necessary to implement the agreement.
The warranty of capacity and power section confirms that each party has the authority and capacity to enter into and carry out its obligations under the agreement.
The force majeure section exempts the parties from liability for failure or delay in performing their obligations due to causes beyond their control.
The no rights under contracts for third parties section clarifies that only the parties to the agreement have the right to enforce its terms.
The arbitration and proper law section encourages the parties to resolve disputes amicably and in good faith.
The notices and service section specifies the methods and deemed times of giving notice between the parties.
The counterparts section allows the agreement to be executed in multiple counterparts, each of which is considered an original.
This detailed description provides a comprehensive overview of the entire agreement, highlighting its key sections and their significance in establishing the rights and obligations of the painter and the customer.
1. Enter the Contractor's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Clearly specify the agreed price and completion date of the work to be carried out by the Contractor. This will ensure that both parties are aware of the expectations and deadlines.
3. Clearly describe the type(s) of services to be provided by the Contractor. This ensures that both parties are aware of the scope of work and can avoid any misunderstandings.
4. Both parties should agree on the length of warranty and time of payment after the completion of the work. This ensures that both parties are aware of the payment terms and the length of the warranty.
5. If the work is not completed by the completion date, specify the amount of damages per week that the Customer is entitled to. This ensures that both parties are aware of the consequences of non-completion.
6. In consideration for the services provided, the Customer shall pay the agreed service fee according to the specified schedule. The Contractor will invoice the Customer 7 days prior to the payment date.
7. The Contractor may incur certain expenses while performing the services. The Contractor should keep an exact record of these expenses and submit an invoice itemizing each expense along with proof of purchase and receipt.
8. The Customer should notify the Contractor in writing of any disputes with an invoice within 10 business days from the date of receipt, providing substantiating documentation or a detailed description of the dispute.
9. The Contractor is responsible for providing the necessary supplies and equipment unless otherwise agreed upon. The Customer should ensure the agreed supplies are furnished or reimburse the Contractor for expenses incurred.
10. The Contractor should promptly notify the Customer of any delays, problems, or complaints related to the services. The Customer should report any defects in the Contractor's performance as soon as reasonably practicable.
11. The agreement may be terminated by either party upon written notice, subject to the specified notice period. Termination may occur for various reasons, including non-payment, breach of material provisions, or failure to proceed diligently with the services.
12. In the event of termination, the Contractor should give up possession of the site and deliver any relevant documents or plans. The Customer may be required to pay a fair and reasonable sum for completed services.
13. Materials and goods intended for the services become the property of the Customer, while intellectual property produced or developed under the agreement belongs solely to the Customer. The Contractor should obtain written consent before using the Customer's intellectual property.
14. Both parties are obligated to keep the terms of the agreement and any confidential information confidential, subject to certain exceptions.
15. Any announcement or disclosure related to the agreement requires prior written approval, except as required by law or regulatory bodies.
16. Any variation of the agreement must be in writing and signed by the parties. Variations do not waive other provisions or affect accrued rights and obligations.
17. The agreement cannot be assigned or sub-contracted without prior written consent.
18. If any provision of the agreement is held to be illegal or unenforceable, the parties should negotiate a valid substitute provision.
19. The parties should perform all necessary acts and execute all documents to implement the agreement.
20. Each party represents and warrants its capacity and power to enter into and carry out its obligations under the agreement.
21. Neither party shall be liable for failure or delay in performing its obligations due to causes beyond its reasonable control.
22. Only the parties to the agreement have the right to enforce its terms.
23. The parties are encouraged to resolve disputes amicably and in good faith.
24. Notices should be given in writing and served by hand, e-mail, or post according to the specified deemed times.
25. The agreement may be executed in multiple counterparts, each considered an original.