One of the most common repairs that homeowners undertake is to replace windows. Installation of good plastic windows is not cheap, and the benefits from them can be significant, as they provide the best thermal and sound insulation properties, and they look just beautiful from the street. To install plastic windows, you should conclude a contract for the installation of windows. Individuals wishing to open their own window manufacturing and installation business are faced with the need to implement legal support business. One of the elements of legal support will be the organization of contractual work, for which it is required to prepare a sample contract for the installation of PVC windows, which will subsequently be used to formalize relations with customers.
Sample contract for the installation of PVC windows
In the Internet big variety various kinds of information, among which one can find and finished sample contracts for the installation of PVC windows. At first glance, it seems most logical to adapt it to the needs of the business, and subsequently conclude it with all customers. However, not all so simple. Even in a simple contract, such as a contract for the installation of PVC windows, there are nuances, both practical and legal, that may not be familiar to a person who has never dealt with this type of business. By downloading a sample contract and using it as a “blank”, you run the risk of not paying attention to things that at the beginning seemed unimportant, but later turn out to be significant. Applied to this type documents, the conditions determining what kind of work should be carried out at the customer's facility, and the deadlines by which the work should be carried out will be essential. Failure to provide these data entails the recognition of the transaction as not concluded. They are not essential conditions, but the clauses of the agreement on determining the amount and procedure for payment, on the possibility of involving subcontractors for execution (and the procedure for engaging), on the procedure for accepting the results and eliminating identified shortcomings are also important. It is strongly recommended that the text also indicate the sanctions for the party that has not fulfilled its obligation properly. There are plenty of such moments. For this reason, the contract for the installation of plastic windows requires a balanced and conscious approach in the development. However, here you can simplify your task. It is possible to seek help from lawyers who will prepare a sample contract for plastic windows and all the necessary annexes to it. It should be borne in mind that this path is likely to entail significant cash costs for the entrepreneur, which you want to minimize at the very start of the business. The second way is to contact our service, where this and many other interactive document templates are presented. Here you can, among others, prepare and download an agreement for the installation of plastic windows under your own conditions. In order to reflect the specifics of your legal relationship and prepare a sample window installation contract, you should answer the questions of the questionnaire. Thus, you will form the content of the contract in the form that you require.
We hereinafter refer to __ as the "Seller", represented by ___________________, acting on the basis of ___________________, on the one hand, and ____________________, hereinafter referred to as __ "Buyer", represented by ___________________, acting on the basis of ___________________, on the other hand, collectively referred to as the "Parties", have concluded this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Seller undertakes to transfer to the Buyer the windows, hereinafter referred to as the "Goods", specified in the Specification (Appendix No. 1), and the Buyer undertakes to accept and pay for the delivered Goods in the manner and within the terms established by this Agreement.
2. AMOUNT OF CONTRACT
2.1. The cost of the Goods is _____ (__________) rubles, including VAT ____%.
Optional option:
The buyer receives a discount of ___%.
The total cost of the contract, taking into account the discount, is _____ (__________) rubles, including VAT ____%.
3. TERMS AND CONDITIONS OF PAYMENT
3.1. The Buyer, within _____ banking days from the date of signing this Agreement, makes an advance payment in the amount of ___% of the cost of the Goods, which is ______ (______) rubles.
3.2. The remaining ___% of the cost of the Goods, as well as ___% of the cost of work, which in total amounts to ______ (_____________) rubles, the Buyer pays in the following order _________________________________.
3.3. Payment is made in rubles in accordance with clause 2.1 of this Agreement to the Seller's settlement account by _____________________________.
4. TERMS OF DELIVERY
4.1. Delivery of the Goods is carried out by the Buyer independently (or: by the Seller) __________________, located at the address: ____________________ (hereinafter referred to as the "Object").
4.2. The Seller undertakes to transfer the Goods to the Buyer, and the Buyer undertakes to accept it no later than ___ days after the Seller receives the advance payment (clause 3.1 of this Agreement).
4.3. Ownership and the risk of accidental damage or loss of the Goods shall pass to the Buyer from the moment the Goods are delivered to the Facility.
5. QUALITY OF GOODS AND GUARANTEE OF THE SUPPLIER
5.1. The quality of the Goods must comply with the technical data of the manufacturer and the samples demonstrated by the Seller to the Buyer.
5.2. Warranty period for installed equipment is __ year / years from the date of commissioning of the equipment (signing of the act of acceptance and delivery of works). Warranty repair and replacement of equipment is carried out by _______ and the Seller in accordance with their warranty obligations.
5.3. The Seller carries out warranty and post-warranty maintenance of the Goods, subject to the Buyer's compliance with the rules for operating the Goods in accordance with the "User's Guide" supplied by the Seller.
6. FORCE MAJOR
6.1. If either party is unable to fully or partially fulfill its obligations under this Agreement due to fire, natural disasters, strikes in the territories of the passage of the Goods, war, military operations of any nature, blockade, prohibition of export or import (embargo), decisions Government or decisions of state customs authorities, the period for the fulfillment of such obligations will be extended for a period equal to that during which these circumstances will operate. If such circumstances continue for more than six months, then each of the parties will have the right to refuse to perform the contract in respect of the undelivered this moment Goods. The party for which it has become impossible to fulfill its obligations under this Agreement must immediately notify the other party of the beginning and termination of the circumstances preventing the fulfillment of its obligations.
6.2. The present proof of the duration of the above circumstances will be _____________________.
7. RESPONSIBILITIES OF THE PARTIES
7.1. The liability of the parties is governed by this Agreement and the current legislation of the Russian Federation.
7.2. In case of violation by the Seller of the period provided for in clause 4.2 of this Agreement, the Seller pays the Buyer a penalty in the amount of ____% of the cost of the Goods for each day of delay, but not more than ____% of this cost.
7.3. In case of underdelivery and/or delivery of defective Goods, the Seller undertakes to supply the missing and/or replace the defective Goods with Goods of good quality within _____ days after receiving the relevant notification from the Buyer. Delivery is carried out by and at the expense of the Seller directly to the Object.
7.4. If the Seller has not fulfilled its contractual obligations within the period specified in clause 7.3 of this Agreement, then it pays the Buyer a penalty in the amount of ____% of the cost of work for each day of delay, but not more than ____% of this cost.
7.5. If the Buyer violates the period specified in clause 3.1 of this Agreement for more than ___ months, the Seller has the right to terminate the Agreement unilaterally.
7.6. In case of violation by the Buyer of other terms stipulated by this Agreement, he shall pay the Seller a penalty in the amount of ____% of the amount of the Agreement for each day of delay.
8. OTHER TERMS
8.1. In everything that is not provided for by the terms of this Agreement, the parties are guided by the current legislation of the Russian Federation.
8.2. All amendments and additions to this Agreement are considered accepted if they are made in writing and signed by authorized representatives of the parties.
8.3. Disputes under this Agreement are resolved in accordance with the procedure established by law in ______________________.
8.4. This Agreement is made in two copies, having equal legal effect, one for each side.
8.5. This Agreement comes into force from the moment of its signing and is valid until the parties fully fulfill their obligations.
9. ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
Seller: _______________________________________________________________ ________________________________________________________________________________ Tel. ______________, TIN _______________________, r / s _____________________ in _____________________________________________, BIC _____________________________, cor / account ____________________________________. Buyer: _________________________________________________________________ ________________________________________________________________________________ Tel. ______________, TIN ________________, account ____________________________ in _____________________________________________, BIK _____________________________, cor/account ____________________________________. List of applications: 1. Specification (Appendix N 1). SIGNATURES OF THE PARTIES: From the Buyer: From the Seller: ______________/_____________ ______________/______________ M.P. M.P.Work agreement
installation of PVC windows
________________ "___" ____________ 20
Gr. ______________________________________________, passport: series ____________, No. _________________, issued by __________________________________, residing at the address: _____________________________________________________________, hereinafter referred to as “ Customer", on the one hand, and ______________________________ represented by _______________________________________________, acting on the basis of ________________________________, hereinafter referred to as " Executor”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this Agreement, the Contractor performs the installation of PVC windows, according to the Order (Appendix No. 1 to this Agreement, which is an integral part of the Agreement).
1.2. The Customer undertakes to timely sign Appendix No. 1 to this Agreement, provide the Contractor with appropriate conditions at the facility for the implementation of this Agreement, accept and pay for the work performed by the Contractor in accordance with this Agreement.
1.3. All wishes of the Customer are recorded in Appendix No. 1, oral agreements do not have the force of the Agreement.
1.4. If the Customer wishes to make changes after signing Appendix No. 1 to the Agreement, these changes are recorded in writing in Appendix No. 2 and paid additionally.
2. PROCEDURE FOR THE PERFORMANCE OF THE CONTRACT
2.1. The contractor performs the installation based on the following order:
2.1.1. The Customer agrees with the Contractor the scope and price of work, in the installation order Appendix No. 1, on the basis of which the Contractor prepares and transfers to the Customer the following documents:
- Agreed order and scheme for installation (Appendix No. 1 to this Agreement).
- Contract for the installation of PVC windows.
2.1.2. After the Customer signs this Agreement and Appendix No. 1, the Agreement is considered to have entered into force.
2.1.3. Installation is carried out within ____________ business days.
2.2. The customer accepts the work of the Contractor for the installation of "_______" ______________ 20____.
2.3. The Customer is obliged to pay the Contractor the cost of the work performed in accordance with this Agreement and Appendices No. 1, No. 2 to this Agreement, upon completion of installation.
H. PRICE AND AMOUNT OF CONTRACT
3.1. Payment is made at the prices of this Agreement and includes the cost of PVC products and installation works in accordance with Appendices No. 1, No. 2.
3.2. The total amount of the contract is ____________________________________ rubles.
3.3. The advance payment is _________________________________________ rubles.
4. PAYMENT PROCEDURE
4.1. When signing this Agreement, the Customer pays an advance payment.
4.2. After completion of work under this Agreement, the Customer pays the Contractor the remainder of the total amount of this Agreement, which is __________________________________ rubles.
4.3. All settlements between the Contractor and the Customer under this Agreement shall be made in rubles on the basis of the legislation of the Russian Federation.
5. RESPONSIBILITIES OF THE PARTIES
5.1. The Parties are not entitled to transfer their rights and obligations to fulfill the terms of this Agreement to third parties without the written consent of the other Party.
5.2. In case of violation of the deadline for the delivery of the work performed, specified in this Agreement, through the fault of the Contractor, the Contractor pays the customer a penalty in the amount of __________% of the Contract amount for each day of delay, but not more than ______% of the Contract amount. If the deadline for the completion of the work performed is violated due to the fault of the Customer (the Customer did not provide timely access to the Contractor's employees and proper conditions for the Contractor to fulfill this contract), the Customer pays the Contractor a penalty in the amount of __________% of the Contract amount, for each day of delay, but not more than ________% of contract amounts.
5.3. When signing the Contract, the Customer is obliged to check and approve the installation sites, the configuration of the structure, reflected in Appendix No. 1. After signing the Agreement and Appendix No. 1, the Customer's claims regarding the configuration and design are not accepted.
5.4. The contractor is responsible only for the work performed. In case of violation of the technology of the device by the Customer, the Contractor is obliged to notify the Customer in writing in Appendix No. 2, the Contractor is not responsible for the quality of work in this case.
6. FORCE MAJEURE (force majeure)
6.1. In case of force majeure (fire, flood, earthquake, etc.) natural disasters, riots, strikes, and regulations bodies government controlled etc.), if they affected the fulfillment of obligations by the parties, the parties are not liable. At the same time, the deadlines for the performance of work under this Agreement shall be postponed in proportion to the duration of the above force majeure circumstances, if they affected the timely implementation of the Agreement.
7. TERM OF THE CONTRACT
7.1. This Agreement comes into force from the moment of its signing and is valid until the execution of the Agreement by both parties.
7.2. The Contractor guarantees to the Customer the performance of installation work with proper quality for a period of ______ months.
8. ADDITIONAL TERMS
8.1. The property liability of the parties is regulated in accordance with the current legislation of the Russian Federation. All disputes and disagreements that may arise between the parties are resolved by agreement. If the parties cannot reach an agreement, then all disputes are resolved in the prescribed manner in accordance with the current legislation of the Russian Federation.
8.2. The Contractor reserves the right to exercise photo control over the production of installation work.
8.3. The Agreement is made in 2 copies, one of which is with the Contractor, and the second with the Customer.
8.4. All changes and additions to this Agreement are made only by mutual agreement of the parties and are made in writing.
8.5. Early dissolution of this Agreement is made only by mutual agreement of the parties, and are drawn up in writing.
8.6. Claims for the quality of installation work must be submitted by the Customer to the Contractor only in writing.
8.7. From the moment of signing this Agreement, oral agreements become invalid.
AGREEMENT No. _____
Maintenance of PVC windows
Khabarovsk "___" _________ 2012
Hereinafter referred to as the "Customer", represented by the Director _____________, acting on the basis of the Charter on the one hand and the "MASTER WINDOWS Repair Bureau", hereinafter referred to as the "Contractor", represented by
Acting on the basis of the Charter, on the other hand, have concluded this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor assumes obligations to provide services and perform work on maintenance of PVC windows (structures, mechanisms) on the instructions of the Customer in order to ensure their proper functioning, as well as the correct operation of all structures and mechanisms, and the Customer undertakes to accept the services rendered and the result of the work and pay them.
1.2. Scheduled maintenance is a comprehensive maintenance of all windows and structures of the Customer in the form of services and works provided for in clause 2.1. of this Agreement, carried out by the Contractor's specialists at least 2 times a year from the moment of signing this agreement.
1.2. The Customer, if necessary, calls the Contractor's specialist by sending a written or oral application.
2.1. Maintenance of windows and other PVC structures includes:
2.1.2. Hardware lubrication
2.1.3. Hardware adjustment
2.1.4 Replacing the sealing rubber
2.1.5. Replacement of fittings
2.1.6 Replacement of components
And other types of work that contribute to the trouble-free operation of windows and other PVC structures.
2.2. In the event that the Customer has a need for other types of repair (restoration) work caused not through the fault of the Contractor, the Contractor provides these services at a separate request of the Customer and at a separately agreed cost of services and works according to the price list (Appendix 1).
3. PRICE AND PAYMENT PROCEDURE
3.1. Settlements between the Customer and the Contractor are made either by bank transfer or in cash within 5 days from the date of receipt of the invoice issued by the Contractor.
3.2. The cost of services and works for the maintenance of windows and other PVC structures is agreed with the Customer and is indicated in (Appendix 1).
3.2. In cases arising in accordance with clause 2.2. of the Agreement, payment for each type of work is carried out according to the price list on the basis of the invoice issued by the Contractor. At the same time, an advance payment of at least 30% of the total cost of additional work and materials is required. The remaining 70% is paid no later than 10 days from the date of signing the Certificate of Acceptance and Delivery of Works and Services.
4. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF COMPLETED WORKS AND RENDERED SERVICES
4.1. Upon completion of the work, the parties draw up an act of acceptance and delivery of works and services no later than three days, where they indicate the number of serviced windows and structures, the type of work performed.
4.2. In the event of a reasoned written refusal of the Customer to sign the acceptance certificate and pay the invoice issued by the Contractor due to shortcomings or poor performance of work and provision of services allowed by the Contractor, the parties draw up a bilateral act with a list of necessary improvements and deadlines for their implementation.
A reasoned refusal must be provided by the Customer no later than three working days from the date of presentation by the Contractor of the result of the services rendered, as well as the Certificate of Acceptance and Delivery of Works and Services. Otherwise, the services rendered will be considered accepted by the Customer without comments and suggestions in full.
4.3. If in the process of scheduled maintenance (or at the request of the Customer), the Contractor's specialist reveals the need to carry out those not provided for in clause 2.1. Contracts for works and services, ignoring which may inevitably lead to negative result or in which further repair work becomes inappropriate, the Contractor is obliged to suspend work, notifying the Customer about this within 2 days after the suspension. In this case, the parties are obliged within 5 days to consider the advisability of carrying out additional work provided for in clause 2.2. Agreement.
5. RESPONSIBILITIES OF THE PARTIES
5.1. For non-fulfillment or improper fulfillment of obligations under this agreement, the Contractor and the Customer are liable in accordance with the terms of this Agreement, as well as applicable law.
5.2. For late payment for the services rendered by the Contractor, the Customer shall pay penalties in the amount of 3% of the amount of the debt for each day of delay in the relevant payment.
5.3. For untimely services rendered by the Contractor, including in connection with an unreasonable refusal to fulfill the obligations assumed, the Contractor pays the Customer a penalty in the amount of 3% of the cost of services (works) paid for and accepted for execution.
6. WARRANTY
6.1. In the event that it is necessary to carry out additional work as part of the planned maintenance of the Customer, as well as the occurrence of deficiencies in the scheduled maintenance already performed by the Contractor during the term of this Agreement, the Contractor undertakes to carry out appropriate work to repair and adjust PVC windows and structures, as well as eliminate the identified deficiencies within a reasonable term.
6.2. On the result produced in accordance with clause 2.2. Contracts for Services and Works The Contractor establishes a warranty period - 1 month from the date of signing the Certificate of Acceptance and Delivery of Works and Services.
6.3. The warranty period for the materials and mechanisms installed by the Contractor is 1 year from the date of signing the Work and Services Acceptance and Delivery Certificate.
6.5. The Contractor does not bear any warranty and other obligations arising from the provisions of this agreement if the Customer, without the consent of the Contractor, engages third parties to carry out repair and other work directly related to the operation and functioning of PVC windows (structures, mechanisms).
6.6. The provisions of this section of the Agreement are valid only if the Customer complies with the requirements of the technical rules for the operation of windows and other serviced PVC structures, including the mechanisms specified in the act of required work.
7. OTHER TERMS
7.1. This Agreement is made in two copies, one for each party.
7.2. The Customer has the right to withdraw from this Agreement by notifying the Contractor no later than 20 calendar days.
8. TERM OF THE CONTRACT
8.1. This agreement is valid from "___" _________ 2011 to "___" __________ 2012.
9. ADDRESSES AND BANK DETAILS OF THE PARTIES
Customer executive:
9. SIGNATURES OF THE PARTIES
Customer executive:
____________/________________ /________________
Attachment 1
Specification for scheduled maintenance of plastic (aluminum) windows and doors
Name | Unit cost rev. | ||||
Customer executive:
Works according to the specification are agreed upon: signature Specification prepared by: signature
(Full name of the representative of the customer) (Full name of the contractor)
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