KIMA SECURITY INC CONTRACT

Transcription

1 K I M A S E C U R I T Y I N C. Access Control CCTV Alarms KIMA SECURITY INC CONTRACT FOR INSTALLATION OF ELECTRONIC SECURITY SYSTEM THIS AGREEMENT, Made as of (Current Date), In the Year of (Current Year), Between the Customer: Customer s Name Phone Number And the Company: Company s Name Phone Number For the Project: Project Name

2 This Contract ( Contract ) is entered into by and between Kima Security Inc ( Company ) and ( Customer ), whose residence address is, whose contact phone number is, and whose project address ( Project ) is. 1. CONTRACT DOCUMENTS 1.1 The contract documents consist of this agreement, project documents, specifications, completion schedules, job draw schedule, working drawings, all addendums, change orders or modifications issued and agreed to by both parties. All documents noted herein shall be provided to the Company by the Customer. These contract documents represent the entire agreement of both parties and supersede any prior oral or written agreement. 2. SCOPE OF WORK Company shall furnish all labor and materials necessary to perform the following work as defined in the Contract Documents for the specific project 3. TIME OF COMPLETION 3.1 The approximate commencement date of the project shall be (Month Day, Year). The approximate completion date of the project shall be (Month Day, Year), however any change orders and/or weather conditions, strikes, back orders, lockouts, fire, unusual delay by common carriers, unavoidable circumstances, pending arbitration or any other cause beyond Company's control might delay or otherwise affect the completion date. The contract execution date shall be (date). 4. THE CONTRACT PRICE The Contract Price shall be an all inclusive fixed cost of $ Applicable Taxes: PST _: _$ GST : _$ Total Price including PST: $ Total Price including all Applicable Taxes: $ If PST is non-applicable a copy of the PST Exemption Certificate is required any worked performed outside the scope of work defined in the original Contract Document will be at an additional cost to the customer. 5. PROGRESS PAYMENTS The Customer will be required to make payment to the company based on the following conditions: The Customer will make payments to the Company pursuant to the attached draw date schedule as per General Contractor requirements and specifications. Customer shall make draw payments to Company within (number of days) days after request by Company. Or

3 Contract Price shall be paid in progress payments, which do not include finance charges of any kind, according to the following schedule Timing of Payment Upon signing this Contract $ Upon completion of (100%)the Work $ Amount TOTAL CONTRACT PRICE $ All payments are subject to applicable legislation and shall be made in accordance with the provisions of such legislation and this Contract. All payments will be made within days after billing. Overdue payments will bear interest at the rate of 1.5% per month from the date on which payment is due. If payment is not received by the Company within (5) five days after delivery of payment demand for work completed, Company shall have the right to stop work or terminate the contract at its option. Termination by Company under the provisions of this paragraph shall not relieve the Customer of the obligations of payments to Company for that part of the work performed prior to such termination. Termination by Customer under the provisions of this paragraph shall not relieve the Customer of the obligations of payments to Company for that part of the work performed prior to such termination. The Company may, at its sole discretion, elect to legally proceed to collect payment of monies owed if the payment is not received within (5) days of delivering a payment demand letter. A holdback of 10% of the Contract Price shall be made in accordance with the Construction Lien Act of Ontario. If, on the 46 th day after Substantial Completion, no liens have been filed under the Construction Lien Act, Customer shall pay the holdback funds to Company. If any liens are filed, the funds shall be retained in trust until such liens are removed or paid into court or otherwise as the parties may direct The schedule of progress payments must specifically describe each phase of work, including the type and amount of work or services scheduled to be supplied in each phase, along with the amount of each proposed progress payment. 6. SUBCONTRACTORS The Company, at its sole discretion, may choose to have portions of the work required to be performed under the Contract Documents with the use of subcontracts. 7. PERMISSIBLE DELAYS Company shall be excused from any delay in the completion of the work to be performed under this Contract caused by acts of God, inclement weather, acts or omissions of Customer or of Customer s agents, employees or

4 independent Companies, material shortages, strikes or other labor issues/troubles, acts of public utilities, acts of public bodies or inspectors, extra work, changes requested by Customer, failure by Customer to make payments promptly, or other circumstances or contingencies unforeseen by Company and beyond Company s reasonable control. 8. CHANGE ORDERS AND FINISH SCHEDULES A Change Order is any change to the original plans and/or specifications. All change orders need to be agreed upon in writing, including cost, additional time considerations, approximate dates when the work will begin and be completed, a legal description of the location where the work will be done and signed by both parties. Any Change Order that is requested verbally that is of an urgent nature will be complied with at the sole discretion of the Company. However, if the request is made verbally then the written documents required for a Change Order shall be submitted to the Company within 72 hours of the verbal request. 9. INSURANCE Prior to commencing the Work, Company shall, at its expense, obtain and continue to maintain during the performance of the Work, reasonable amount of insurance against claims made for damages for personal injury or property damage by reason of any act or omission of Company, its employees or agents, in connection with the performance of this Contract.. The Customer will purchase and maintain property insurance to the full and insurable value of the project, in case of a fire, vandalism, malicious mischief or other instances that may occur. The Company shall purchase and maintain needed WSIB insurance coverage and Performance Bond Insurance as required by law and deemed necessary for its own protection. 10. ARBITRATION OF DISPUTES Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the Canadian Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In the event that the Company deems that a proceeding through the Ontario Court system is more efficient it may elect to pursue the claim through such legal process. In the event of any arbitration or litigation relating to the project, project performance or this contract, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses. 11. WARRANTY 11.1 At the completion of this project, Company shall execute an instrument to Customer warranting the project for 90 days against defects in labor and for 1 year on materials utilized. The manufacturers warranty will prevail. With the exception of legal action due to non-payment, no legal action of any kind relating to the project, project performance or this contract shall be initiated by either party against the other party after 1 year of the completion of the project. 12. TERMINATION OF THE CONTRACT 12.1 Should the Customer or Company fail to carry out this contract, with all of its provisions, the following options and stipulations shall apply: 12.2 If the Customer or the Company shall default on the contract, the non-defaulting party may declare the contract is in default and proceed against the defaulting party for the recovery of all damages incurred as a result of said

5 breach of contract, including a reasonable attorney s fee. In the case of a defaulting Customer, the Earnest money herein mentioned shall be applied to the legally ascertained damages In the event of a default by the Customer or Company, the non-defaulting party may state his intention to com ply with the contract and proceed for specific performance In the case of a defaulting Customer, the Company may accept, at his option the earnest money as shown herein as liquidated damages, should earnest money not cover the expenses to date, the Company may make claim to the Customer for all work executed and for proven loss with respect to equipment, materials, tools, job equip ment and machinery, including reasonable overhead, profit and damages applicable to the property less the ear nest money. 13. ACCEPTANCE AND COMMISSION Upon completion, the project shall be inspected by the Customer and the Company with reference to the Contract Documents, and any repairs necessary to comply with the Contract Documents shall be made by the Company. The Customer shall not take possession or ownership of the installed equipment until final payment has been received by the Company and a Certificate of Substantial Completion has been obtained. Taking possession of the installed equipment in violation of Consumer Protection Act of Ontario, shall constitute unconditional acceptance of the project and a waiver of any defects or uncompleted work. By execution of this document, I agree to have read and fully understand all statements and implications of this document. I agree to explicitly abide by and follow the above conditions as listed in this agreement 13.1 GOVERNING LAW This contract will be governed by the laws of the Province of Ontario. Kima Security Inc Company Signature Customer Signature 85 Marjoram Drive Ajax, ON Canada, L1S 7P4 Phone: Fax: