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Installation agreement

Where available...

Installation Agreement

Installation agreement Where available... FIREBOXKITINSTALLATIONAGREEMENT THIS INSTALLATION AGREEMENT (“This Agreement”) is hereby made as of __/__/20__ (“EffectiveDate”),between _______________________________________________________________, with an office at _______________________(The “Purchaser”) and ________________________________________, with an office at ____________________ (The “Supplier”). WHEREAS the Purchase issued a request for proposals (“RFP”) dated __/__/20__ for Purchase and Installation of the Fireplace Kit Equipment, and the Supplier submitted a proposal dated __/__/20__ offeringtoselltheEquipmenttoandInstalltheEquipmentforthePurchaser; AND WHEREAS upon the completion of the evaluation process pursuant to the RFP, the Supplier was identified by the Purchaser as the preferred proponent pursuant to the RFP; AND WHEREAS the Supplier and the Purchaser were able to agree on the terms and conditions of this Agreement; NOW THEREFORE,forgoodandvaluableconsideration,theparties HERETOagreeasfollows: 1. UpfrontClearedPayment THE PURCHASER shall pay to THE SUPPLIER, within ____days/months of the Effective Date, a non-refundable, non-creditable upfront payment of ____________________________________________________ (Amount in Figures). THE PURCHASER agrees that the installation of Firebox Kit will not be commenced without clearing the stipulated Upfront Payment, within the specified period pursuant to Commercial Code-Sales Section 36-2-709 of South Carolina. THAT This Agreement shall come into force immediately after clearing the UpfrontPaymentandshallremainvaliduntiltheCompletionofthejob. Title36,Chapter2:CommercialCode-Sales §36-2-709.ActionforthePrice. (1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section (Section 36-2-710), the price (a) of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and (b) of goods identified to the contract if the seller is unable after reasonableeffort toresell them at a reasonable price or the circumstances reasonably indicatethat sucheffortwillbeunavailing. (2) Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale mustbecreditedtothebuyerandpaymentofthejudgmententitleshimtoanygoodsnotresold. (3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (Section 36-2-610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the precedingsection(Section36-2-708). 2.ChangeInCostsorPrices THATthedelivery andinstallmentoftheFireboxKitshallbemadebyTHESUPPLIERattheirown cost, management, and responsibility. That THE SUPPLIER shall be fully responsible for delivery of the Firebox Kit Equipment in good condition at the specified site of THE PURCHASER. THAT THE SUPPLIER has full rights of changing the order cost if there is an impulsive change of any choices after the Kit is in transit and/or being installed, with a complete reschedule requirement with all occurring costs fromthechangeunderCommercialCode-Sales,Section36-2-708andSection36-2-709(3). Title36,Chapter2:CommercialCode-Sales §36-2-708:Seller’sDamagesfornonacceptanceorrepudiation. (1)Subject to subsection (2) and to the provisions of this chapter with respect to proof of market price (Section 36-2-723), the measure ofdamages fornonacceptance orrepudiation by the buyer is the difference between the market price at the time and place for tender and the unpaid contract price together with any incidental damages provided in this chapter (Section 36-2-710), but less expensessavedinconsequenceofthebuyer'sbreach. (2)If the measure of damages provided in subsection (1) is inadequate to put the seller inas good a position as performance would have done then the measure of damages is the profit (including reasonable overhead) which the seller would have made from full performance by the buyer, together with any incidental damages provided in this chapter (Section 36-2-710), due allowance forcostsreasonablyincurredandduecreditforpaymentsorproceedsofresale. § 36-2-709(3): After the buyer has wrongfully rejected or revoked acceptance of the goods or has failedtomake apayment dueorhasrepudiated (Section36-2-610), asellerwhoisheldnotentitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the precedingsection(Section36-2-708). 3).ChangeofContractandLiabilities THAT THE PURCHASER accepts and agrees to take the overall liabilities of the repair, including COMPLETE carpet and molding adjustments acceptance and/or removal if they change the contract after the installation of the Firebox Kit is underway. THE PURCHASER has the responsibility of selecting the gas company of choice, talk & agree, and work with the selected company with sign off receipts for components and/or service of the Homeowner’s Insurance Protection. THESUPPLIER has no liability for FireboxorLogs which havealready been installedand havetheirown papers.INCIDENTALDAMAGES resulting from THE PURCHASER’S breach will include all expenses reasonably incurred in receipt, inspection, transportation & care, and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connections with effecting cover and any other reasonable expenses incident to the delay or Breach of THIS AGREEMENT. Any injury or loss resulting from general or particularrequirementsandneeds ofwhichtheselleratthetimeofcontractinghad hadreasonstoknowand whichcouldnotreasonablybepreventedbycoverorotherwisewillbeliabletoTHEPURCHASER. 4. OxygenLevelDetectionDevices THAT THE PURCHASER has the responsibility to monitor oxygen level detection devices and their battery power source and/or use proper or reasonable ventilation procedures in confined ares. THE PURCHASER’S inaction, failure, actions or omissions of his/her responsibility to control the level of oxygen detection devices as well as their battery power source, and application of appropriate ventilation procedures in confined regions, which will result to any damages or injury will be considered as NEGLIGENCE pursuant to South Carolina Tort Law. THATTHEPURCHASER has the duty ofcare to THE SUPPLIER. THAT any injury, damage or harm from Negligence will be considered the proximate cause of THE SUPPLIER’s Actions, and THAT the harm or damage was foreseeable pursuant to South CarolinaTortClaimsAct. 5.RefrainFromtheConstructionArea THATTHEPURCHASER agree torefrain from theconstructionarea. THEPURCHASERagrees notto do laundry, for a period of 48 HOURS, after Masonry is Installed. THE PURCHASER reasonably understand that the Spin Cycle may Tumble Wet Masonry. FAILURE TOWHICH, THE PURCHASER will be responsible for the costs of redoing the Masonry, which will be $20 per sq. Ft, cost of labor and replacement of the damaged stones. THAT THE PURCHASER is responsible and/or has the duty of care to the Wet Masonry, for the stipulated period of time. THAT THE SUPPLIER will not be responsible for anydamagesorinjuryoccurringbecauseofTHEPURCHASER’SNegligenceActionsorInaction. PURCHASER:________________________________________________________________________ SIGNATURE:_________________________________ Date__/__/20__. SUPPLIER:__________________________________________________________________________ SIGNATURE:__________________________________Date__/__/20__

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