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Legal Contract: A typical Rubber Surface Contract

Submitted by Greg on Wed, 12/09/2009 - 22:16
Here is a typical Rubber Surfacing contract: Contract is under Copyright and should not be copied (word for word). Use this contract as a guideline to create you own with your legal council.
 
 
1. ACCEPTANCE. (a) Work under the agreement shall be deemed completed and accepted should Purchaser not              notify Seller in writing of details of any failure to complete satisfactory installation.
 
2. CANCELLATION. PURCHASER HAS UNLIMITED RIGHT TO CANCEL THIS AGREEMENT AT ANY TIME WITHIN TEN (10) WORKING DAYS OF THE SIGNING OF THIS AGREEMENT. UPON WRITTEN RECIEPT OF CANCELLATION NOTICE PURCHASER SHALL RECEIVE PROMPT REFUND OF ALL MONIES PAID
 
3. PAYMENT. Purchaser shall pay Seller the total Purchaser Price as follows: (a) A deposit not to exceed fifty percent (50%) of Purchase Price due upon execution of Agreement. (b) Balance of the Purchase Price due upon job completion.
 
4. FORCE MAJEURE. Seller shall not be liable or in breach of this Purchase Agreement for any delay in delivery or installation if such failure or delay is due to civil commotion, adverse weather, acts of any government agency or government official, acts of god, inability to secure or delay in securing transportation, inability to obtain or delays in obtaining machinery, materials, or sufficient qualified labor, or any other causes beyond Seller’s reasonable control whether similar or dissimilar to the foregoing. In the event of failure to deliver or install, Seller’s sole liability and responsibility hereunder shall be limited to prompt refund of all monies paid by Purchaser pursuant to this Purchase Agreement. Upon such refund, this Purchase Agreement and al rights and obligations hereunder shall terminate.
 
5. DEFAULT. Purchase shall be in default under this Agreement if Purchaser fails to make and payment hereunder when due. Late payments shall bear interest at the rate of twelve percent (12%) per annum from the due date.
 
6. WARRANTY. (a) Seller warrants the Rubber Surfacing product shall be free from defects in the materials and workmanship for a period of ten years from the date of job Completion.  (b) THE WARRANTY CONTAINED IN THIS SECTION IS EXPRESSELY IN LIEU OF (AND PURCHASER HEREBY WAIVES) ALL OTHER WARRANTIES, EXPRESSED, STATUTORY, OR IMPLIED IN FACT OR BY LAW AND IT IS FURTHER AGREED THAT THERE ARE NO IMPLIED WARRATIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE MADE IN CONNECTION WITH THE SALE UNDER THIS PURCHASE AGREEMENT. The Purchaser and Seller expressly agree that the remedies provided in this section are in lieu of all other remedies against the Seller which Purchaser might otherwise have, but not limited to, consequential damages, direct damages and indirect damages, and further that the Seller’s sole obligations hereunder are limited to the repair or replacement of defective material. If the same material is not available, Seller reserves the right to supply material of a similar grade, color, and quality. (c) Unless Purchaser of a warranty claim provides reasonable written notice, all claims shall be barred. Reasonable notice is defined as written notice received within thirty (30) days of the date a defect was either discovered or should have been discovered with reasonable diligence.  (d) THE WARRANTY CONTAINED IN THIS SECTION DOES NOT COVER NORMAL WEAR AND TEAR, GLOSS REDUCTION FROM USE OR EXPOSURE TO SUNLIGHT, SLIGHT COLOR VARIATIONS FROM SAMPLES OR PRINTED BROCHURES, TEMPORARY YELLOWING WITHIN THE FIRST YEAR, DAMAGE DUE TO STAINS, BURNS, CUTS, GOUGES, AND INDENTATIONS CAUSED BY UNUSUAL USE, PROBLEMS CAUSED BY MOISTURE, ALKALI, HYDROSTATIC PRESSURE, CRACKING, SHIFTING OR LIFTING OF THE SUBSTRATA OVER WHICH THE RUBBER SURFACING PRODUCT HAS BEEN INSTALLED.   (e) Seller and Purchaser understand and agree that the price stated in this Purchase Agreement is a consideration in limiting the liability of Seller.
 
7. TAXES. Purchaser is responsible for paying all sales or use taxes in connection with this purchase Agreement and will reimburse Seller for such fees or taxes in the event Seller pays and such fees or taxes.
 
8. APPLICABLE LAW AND JURISDICTION. This Purchase Agreement shall be governed by and constructed in accordance with the laws of         . Purchaser hereby consents to jurisdiction and venue in the courts of         . The losing party shall bear all costs, including solicitors fees to resolve any dispute arising under this Purchase Agreement. The parties agree that the most convenient forum to resolve any dispute arising under this Purchase Agreement shall be in       .
 
9. AMENDMENTS. This Purchase Agreement and the rights and duties of the parties hereunder, may only be amended, modified, or supplemented when agreed to in writing and signed be Purchaser and a Corporate Officer of Seller.
 
10. NOTICES. (a) All notices required of the Purchaser by this Purchase Agreement shall be sent by certified mail, return receipt requested, to Seller at the address on the face hereof, or at such address as Seller may otherwise designate in writing from time-to-time. (b) All notices required of the Seller by this agreement shall be sent by certified mail, return receipt requested, to purchaser at the address appearing on the face hereof, or at such address as Purchaser may otherwise designate in writing from time-to-time.
 
11. ENTIRE AGREEMENT. This Purchase Agreement constitutes the entire understanding of the parties related to the subject matter hereof and supersedes all prior representations or agreements, whether oral or written, relating to the subject matter hereof.