Agreement
Agreement
Agreement
This Agreement for modular furniture (“Contract”) is entered into 25th August 2020
(“Effective Date”), by and
BETWEEN
Decorous, with an operational address at Plot No- 278, Saheed Nagar, Bhubaneswar &
Registered address at Flat No- 208, Jagannath Tower, Sailashree vihar, Bhubaneswar, Odisha
(“Contractor”)
AND
Mrs. Santoshini Rout, with an address of Jharapada, Bhubaneswar,Odisha (“Customer”),
collectively the “Parties.”
Contractor agrees to furnish the labor, materials, and supplies necessary to perform
the Services in accordance with the terms and conditions contained in this Contract.
Upon completion of the Services, Contractor will remove all materials, supplies, and
other debris.
5. Late Fees
Any payments not received within 10 days of this interior design contract’s
completion will be considered late.
Late payments will be subject to a 10% late fee, in addition to any fees incurred by
the Service Provider in collecting payment for services rendered.
6. Representations.
Contractor will perform the Services in a workmanlike manner, in compliance with all
applicable laws, regulations, codes, restrictive covenants, and homeowners’
association requirements.
Customer Representations. Customer is the legal owner of the Property, or
otherwise has authority to permit construction upon the Property. The requested
Services are in accordance with all applicable laws, regulations, codes, restrictive
covenants, and homeowners’ association requirements. Customer has the financial
ability to pay Contractor for the Services.
7. Obligations.
Contractor Obligations. Contractor will obtain, at its own cost, all necessary permits
and approvals to perform the Services. Contractor agrees to provide Customer lien
waivers, lien releases, and/or acknowledgement of full payment upon receipt of
each payment laid out in the Payment Schedule in Section 4 above. Contractor will
take all reasonable safety precautions in performing the Services. Contractor will
comply with all applicable laws, ordinances, rules, regulations, and orders of public
authorities for the safety of persons and property.
Customer Obligations. Customer will provide Contractor, its employees, agents, and
subcontractors, reasonable access to the Property for the purpose of performing the
Services. Customer agrees to keep the Property clear of all known and potential
hazards. Customer further agrees to keep all pets out of the work area of the
Property.
10. Events Beyond Contractor’s Control. Customer agrees that if the Contractor is
unable to complete the Services by the Completion Date because of reasons that
were not caused by the Contractor (i.e., availability of necessary supplies, materials,
etc.) or because of events beyond the Contractor’s control (such as labor issues,
fire, flood, acts of God, vandalism, etc.), Contractor will not be deemed to have
breached this Contract and the time for Contractor to complete the Services will be
extended by the amount of time reasonably necessary for Contractor to complete
the Services and at a schedule agreeable to the Parties. The time for Customer to
pay Contractor for the Services will be extended in the same manner.
11. Liability Waiver. If Contractor, any of it’s employees, contractors, agents, or the
like are injured in the course of performing the Services, Customer is exempt from
liability for those injuries to the fullest extent allowed by law.
12. Termination. Customer can terminate the Contract by giving written notice: (a) if
Contractor commits any material breach of this Contract and fails to correct the
breach within 10 days of notice of the breach; or (b) if there is any repeated failure
by Contractor to provide the Services of an acceptable standard and to the
reasonable satisfaction of Customer.
Contractor can terminate the Contract by giving written notice: (a) if Customer fails
to make the payments required and set forth in Section 4 within 5 days of notice of
failure to make a payment; or (b) if Customer commits any other material, non-
financial breach and fails to correct the breach within 10 days of notice of the
breach.
13. Entire Agreement. This document reflects the entire agreement between the
Parties and reflects a complete understanding of the Parties with respect to the
subject matter. This Contract supersedes all prior written and oral representations.
The Contract may not be amended, altered or supplemented except in writing
signed by both Contractor and Customer.
14. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this
Contract that cannot be resolved by mutual agreement, the Parties agree to engage
in mediation. If the matter cannot be resolved through mediation, and legal action
ensues, the successful party will be entitled to its legal fees, including, but not
limited to its attorneys’ fees.
15. Legal and Binding Contract. This Contract is legal and binding between the
Parties as stated above. This Contract may be entered into and is legal and binding
both in the United States and throughout Europe. The Parties each represent that
they have the authority to enter into this Contract.
16. Severability. If any provision of this Contract shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid
and enforceable. If the Court finds that any provision of this Contract is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, construed, and
enforced as so limited.
17. Waiver. The failure of either party to enforce any provision of this Contract shall
not be construed as a waiver or limitation of that party’s right to subsequently
enforce and compel strict compliance with every provision of this Contract.
18. Applicable Law. This Contract shall be governed and construed in accordance with
the laws of the state where the Property is located, without giving effect to any
conflicts of laws provisions.
2. Order Placement: Customer shall place an order for the purchase of Modular
Furniture set along with detailed requirements. Your sign off on these terms &
condition or project docket or other project related documents shall be deemed as
your confirmed purchase order for the purchase of Modular Furniture set. Upon
receiving such order, Decorous shall provide technical design, specification and its
scope of work and exclusions (if any) to Customer for confirmation and Customer
shall before sign off on project docket either confirm or suggest changes. Where,
Customer requests any changes, Decorous shall submit revised technical design,
specification and its scope of work and the Customer shall affirm its consent within
aforesaid time. Technical specification as confirmed by Customer may include 3D
image and other technical details of the Modular Kitchen. Customer agrees and
acknowledges that, 3D image of Modular Furniture will have certain delimits. Such
delimits shall be notified to Customer by Decorous from time to time. Order and
Technical Design once placed and confirmed by Customer shall not be cancelled or
changed in any condition whatsoever.
4. Installation:
4.1. Site feasibility will be finalized by Decorous as per its norms.
4.2. Technical Drawings and Project Docket Signoff, once finalized shall not be
altered or modified.
4.3. Modular Furniture shall be installed as per mutually agreed “Technical
Drawings" stipulated in Project Docket Signoff.
4.4. Installation shall be completed within one week from installation start date.
4.5. Where Customer does not procure and orders the fixing of the granite for
Modular Furniture from Decorous, laying of sandwich BWP plywood shall be
undertaken by Customer at his/her own cost.
4.6. Any excess hardware shall be the property of Decorous.
4.7. As per Decorous's Policy, Customer shall not reward or gratitude the Decorous's
installation team members.
4.8. Customer shall, in advance, obtain all necessary and requested permission/
approvals/ sanctions from society or association of owners or any other appropriate
authority, enabling Decorous to install Modular Furniture and carry out all necessary
activities connected therewith.
4.9. Customer shall ensure that there are no hindrances / obstacles from any
person/authority, whosoever, during the Modular Furniture installation process
carried out by Decorous; and Decorous team is allowed to access and use service
elevators or other facilities at Customer's place.
4.10. Where Modular Furniture set or its materials are damage during transit,
Decorous shall replace the damaged parts.
4.11. In case of short supply or wrong supply of any specific components, Decorous
shall replace such components within 2 weeks from the date of identification.
4.12. Upon completion of installation of the Modular Furniture:
4.12.1. Only kitchen cabinets shall be cleaned by Decorous team and other debris or
material or excess scrap material shall be discarded by Customer.
4.12.2. Customer shall mandatorily provide duly signed Project Completion
Certificate "with remarks (if any) to Decorous
5. Covenants by Parties:
5.1. The repairs or rectification of the Modular Furniture shall be subject to the
availability of spare parts. Customer also agrees and acknowledges that during the
replacement or repairs, the colour, texture and appearance of the spare part of the
Modular Furniture may vary from each model of Modular Furniture.
5.2. Customer shall strictly adhere to the Do's and Don'ts relating to Modular
Furniture as intimated by Decorous from time to time
5.3. Customer shall obtain all necessary, required and applicable
permissions/sanctions from its housing society or association of owners or any other
appropriate authority for Decorous to sale and install the Modular Furniture at
Customer's place.
5.4. Customer shall notify Decorous of any particular features or facts which
Customer knows about the property that may cause difficulty or delay in installation
of Modular Furniture than expected.
5.5. Unless Customer notifies otherwise, Decorous shall assume that installation of
Modular Furniture, will not contravene any planning conditions or obligations and
the walls, floors and premises are sound and fit for installation of Modular Furniture
set.
5.6. Customer shall be responsible for locating any hidden wiring or pipework and
Decorous shall not be liable for any damage caused by or in connection with any
hidden conduits.
5.7. Customer shall be responsible for checking any appliance, accessory or
component supplied by Customer is suitable for use. For example, if Customer
decided to retain his/her own taps, Customer shall make sure that such taps are
compatible with the new Modular Sink and Decorous shall not be liable for any loss
or damage arising or occurring in this regard.
6. Other Terms:
6.1. Decorous shall not be liable for any failure of or delay in the performance of its
obligation hereunder for the period that such failure or delay is due to causes
beyond its reasonable control, including but not limited to acts of God, war, strikes
or labour disputes, embargoes, government orders or any other force majeure
event.
6.2. Both parties acknowledge that each of them is independent entities/person and
neither of them shall in any way represent the other as its agent or principal.
6.3. These terms and conditions, Quotation form and other related document
provided by Decorous represents the current entire understanding between the
parties and supersedes all previous arrangements, understandings between the
parties in respect of the subject stipulated herein.
6.4. Regardless, Decorous reserves the right to alter I modify any terms and
conditions at any point of time without any reason or any intimation whatsoever.
6.5. Customer shall not assign any of its obligations to any other party. No waiver of
any right will be deemed effective unless it is made in writing and signed by both
Parties.
6.6. Should any part of these terms or understanding between the parties is held to
be invalid, illegal or unenforceable, or partly illegal or partly unenforceable, the legal
and enforceable portion shall be enforced to the maximum extent possible.
6.7. The understanding between the parties shall be governed by laws of India. Any
dispute between parties shall be settled solely and exclusively by Bhubaneswar
Court at Bhubaneswar, India.
The Parties agree to the terms and conditions set forth above as demonstrated by
their signatures as follows:
“CONTRACTOR”
Signed: _____________________________________
By: ________________________________________
Date: _______________________________________
“CUSTOMER”
Signed: _____________________________________
By: ________________________________________
Date: ______________________________________