This agreement (“Agreement”) is entered into on the date appearing on the first page of this agreement by and between Construction Company and Market Partner.
Building Company desires to retain the services of Market Partner and due to the nature of the services; the parties agree that it is impractical to enter into a separate agreement each time Building Company desires to use the services of Market Partner. The parties therefore intend, and Market Partner covenants and agrees that this Agreement and the following terms and conditions shall govern and apply to all services, labor and or materials provided by Market Partner to Construction Company in connection with the issuance by Construction Company of purchase orders, variance purchase orders or warranty service orders as set forth herein:
At Market Partner’s sole cost and expense, and as a material terms and condition of the Agreement, Market Partner agrees to obtain, provide and keep in full force and effect during the term of this Agreement, insurance policies in the following minimum coverage’s, which insurance shall include, but no be limited to, protection from faulty workmanship claims which may arise out of, or result from, in whole or in part, Market Partner’s performance of its obligations under this Agreement for the furnishing of its services, labor and/or materials, whether performed or furnished by Market Partner, any subcontractor or supplier of Market Partner, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
a) Commercial general liability in the amount of $1,000,000.00 per occurrence limit and naming the Construction Company as an Additional Named Insured pursuant to an endorsement acceptable to Construction Company. The insurance required under this sub-paragraph shall be of sufficient type, scope, and duration to ensure coverage of the Market Partner and Construction Partner related to any manifestation date within the applicable statues of limitation and or repose, which apply, to any work performed by Market Partner on behalf of the Construction Company.
Market Partner’s insurance carrier must be rated A or better by AM Best.
b) Statutory workers’ compensation if full compliance with the laws of the state where the work is being performed.
Note: State of Florida or other state Worker’s Compensation Exemptions will NOT be accepted by Construction Company’s adequate coverage for worker’s compensation. Those Market Partners utilizing leased employees are responsible for making certain that any/all workers on Construction Company’s job sites are included in their list of leased employees on file with their leasing company and covered by worker’s compensation insurance as required under this agreement.
A 30-day written notice of cancellation Construction Company is required for all policies.
Market Partner’s insurance coverage is primary and non-contributory to Construction Company’s coverage.
An Accord Certificate of Insurance naming the Construction Company as the certificate holder and evidencing the aforesaid coverage’s must be received by the Construction Company before a purchase order can be issued and/or payment made there under. In connection with Construction Company’s furnishing of any labor and /or materials pursuant to the terms of this Agreement, Construction Company shall require that its subcontractors maintain insurance coverage’s with the same insured’s and limits as the afordescribed coverage’s.
Market Partner is responsible for supplying updated Accord Certificates upon renewals of policies. Construction Company reserves the right to hold payment on work performed and/or suspend future work until such updated certificated are received.
Market Partner hereby waives and shall cause its subcontractors and suppliers and their insurer(s) to waive all rights of subrogation against Construction Company, its managers, members, officers, directors and employees in the event of any covered loss under the policies described, excepted worker’s compensation policy.Market Partner shall be solely responsible, at its sole expense, for any damage, loss or injury to its equipment, materials or tools delivered to or stored on a job-site but not installed or completely incorporated as a permanent part of a house or building under construction at the job-site.
No payments will be issued without an approved written invoice from Market Partner. No officer, employee or agent of the Construction Company is authorized to verbally request a Market Partner to furnish services, labor and or material and Market Partner agrees that no labor and or material shall ever by furnished pursuant to a verbal direction or request. Market Partner expressly waives any right or claim for payment for services, labor and or material that is furnished without a written approved invoice/PO or VPO, and releases the Construction Company and the property owner from any claims or actions, whether legal or equitable, that might be asserted in regard to the same.
An employee of the Construction Company will approve the invoice/PO or VPO for payment after work is fully completed. If Market Partner is using a Measurement Purchase Order, then it must fax appropriate invoices to the Construction Company so that the Measurement Purchase Order can be adjusted for quantity prior to approval and payment. Payment checks will reference invoice number Market Partner has the responsibility of educating its accounting personnel with regards to Construction Company’s Purchase Order system.
Any claim for non-payment for services, labor or materials delivered under a valid invoice/ PO or VPO must be made in writing and delivered to Construction Company within 60 days of the performance of services or labor or delivery of the materials The service of such notice of non-payment shall be a condition precedent to Market Partner’s right to recover for non-payment and no action for the services; labor or materials may be instituted unless the notice has been given.
Market Partner shall promptly correct or repair without cost to the Construction Company any and all defects in its or its subcontractors or vendor’s work or materials in compliance with the Construction Company’s obligations and liabilities under the Home Buyers Warranty Standards. Prior to payment, Market Partner shall deliver to the Construction Company any and all manufacturer warranties issued for materials or products described in the PO or VPO or Invoice.
Market Partner is responsible for the proper storage of materials and tools on a job site. It is the sole responsibility of the market partner to ensure that materials and tools provided are secured from left. Any loss of material or tools incurred by the Market Partner is the sole responsibility of the Market Partner. Rossi Construction, Inc. will not be held liable for any loss due to theft in any manner occurred on our project.
The foregoing terms and provisions are agreed to and accepted by the Market Partner as of the date first set forth above.
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