|
|
The parties to this
Contract for Services (this "Contract") are
HOME DOCTOR, a sole proprietor
P O Box 77082
Houston, Texas
77082-4534
and
Scope of the work:
______________________________________________________________________________________________________________________________________________________________,
in accordance with estimate prepared by Home Doctor, and the general conditions
attached herewith.
Description of the
land where the work is to be performed:
Complete Address
name of subdivision in __________ County, Texas
Contract Time:
The contract time for substantial completion of all work is
five (5) calendar days from the notice to proceed.
Payment:
A total of
in accordance with the unit prices reflected in Job Cost Estimate.
The effective date of this Contract is
Date HOME DOCTOR, a sole proprietor
P
O Box 77082
Houston,
Texas 77082-4534
By: ___________________________________ By: HOME DOCTOR, a sole proprietor
Name:__________________________________ __________________________________
Title: ___________________________________ Sheldon B. Williams
President
The General
Terms and Conditions agreed to by the parties are as follows:
1. PARTIES:
Home Doctor (hereinafter "HD") refers to the company
performing the scope of work described herein and detailed in the HD
Contract. "Client" refers to
the person or business entity ordering the scope of work to be performed by
HD. Unless otherwise stated in writing,
Client assumes sole responsibility for the sufficiency of the work
ordered. After execution of the
Contract Acceptance Agreement to which these General Terms and Conditions are
attached and made a part thereto, HD shall have no duty or obligation to any
third party greater than that set forth in these General Terms and Conditions.
2. SCOPE OF WORK:
"Work" means the specific services to be performed by HD as set
forth in HD's Contract, previously referenced herein and made a part hereof.
3. LIABILITY:
Client shall ensure that all materials are provided per HD's
recommendations. No claims for loss,
damage or injury shall be brought against HD by Client. Client agrees to indemnify, defend and hold
HD, its officers, employees and agents harmless from any and all claims, suits,
losses, costs and expenses, including but not limited to, court costs and
reasonable attorney's fees in the event that all services are not so performed
or HD's recommendations are not so followed except to the extent that such
failure is the result of the negligence, willful or wanton act, or omission of
HD, or its employees.
4. SCHEDULING OF WORK:
The services set forth in the Contract will be accomplished in a timely,
workmanlike and professional manner by HD personnel. If HD is required to delay commencement of work or if, upon
undertaking work, HD is required to halt work due to changes in the scope of
work, interruptions in other aspects of the Project, or other causes beyond the
reasonable control of HD, additional charges will only be applicable and
payable by the Client.
5. ACCESS TO SITE:
Client will provide access to the site for HD to perform the work. HD shall take reasonable measures to
minimize damage to the site and any improvements as the result of its work;
however, HD has not included in its fee the cost of restoration of damage which
may occur. HD will restore the site to
its former condition, upon written request from Client that provides for
payment to HD for the cost thereof.
6. CONFIDENTIALITY:
During the Project, HD and its employees may obtain, directly or
indirectly, secret and confidential information considered proprietary by
Client. HD agrees, on behalf of itself
and its employees, to maintain the confidentiality of information formally
designated as proprietary by the Client unless directed by Client in writing to
disclose the information to others.
7. RESPONSIBILITY: HD's work shall not include
determining or implementing the means, methods, techniques, sequences or
procedures of construction. HD will not
be responsible for evaluating, reporting or affecting job conditions relative
to the health, safety or welfare of any persons other than its own employees.
8. PAYMENT: Client shall be invoiced at the time the
contract is signed. Client agrees to
pay 25% of invoice amount at the time the contract is signed. Client further agrees to pay the remaining
balance upon completion of work. Client
further agrees to pay interest on all amounts invoiced and not paid or objected
to for valid cause within thirty (30) day period of completion of work at the
rate of fifteen percent (15%) per annum (or the maximum interest rate permitted
under applicable law, whichever is the lesser) until paid. Client agrees to pay HD's cost of collection
of all amounts due and unpaid after sixty (60) days, including court costs and
reasonable attorney's fees. Remedies
available to HD for collection of amounts due, including mechanic's liens,
shall not be limited by any contractual provision or other agreement that is
not specifically made a part of this Agreement.
9. TERMINATION: This Agreement may be
terminated by either party upon two (2) days’ prior written notice. In the event of termination, HD shall be
compensated by Client for all services performed up to and including the
termination date, including reimbursable expenses, and for the completion of
such services and records as are necessary to place HD's files in order and/or
to protect its professional reputation.
10. PRIORITY OF DOCUMENTS: These General Terms
and Conditions, together with the Contract Acceptance Agreement and associated
documents, shall control over any conflicting provisions within purchase
orders, work orders, letters of intent, or other similar documents.
11. APPLICABLE LAW: These General Terms and
Conditions shall be governed by and construed according to the laws of the
State of Texas. The venue for all
claims asserted under these General Terms and Conditions shall be Harris
County, Texas.