Supply and Installation Agreement
This Supply and Installation Agreement (the "Agreement") is entered into as of [Date], by and between [Your Company Name], with a principal place of business at [Your Company Address] (the "Supplier"), and Diversa, with a principal place of business at Boise, ID 83701 (the "Buyer").
1. Purpose
The purpose of this Agreement is to outline the terms and conditions under which the Supplier agrees to deliver, install, and, if necessary, maintain certain specified equipment and materials for the Buyer, as detailed in this document.
2. Scope of Work
2.1 Supply
The Supplier shall supply the equipment and materials listed in "Exhibit A" attached to this Agreement (the "Products").
2.2 Installation
The Supplier agrees to install the Products at the Buyer's premises located at [Installation Address] according to the specifications set forth in this Agreement.
2.3 Maintenance and Support
The Supplier shall provide maintenance and support services for the Products as described in Section 5.
3. Price and Payment
The Buyer agrees to pay the Supplier the total amount of [Total Amount] for the Products and services provided under this Agreement, as described in "Exhibit B" attached hereto.
4. Delivery
The Supplier shall deliver the Products to the Installation Address by [Delivery Date]. Time is of the essence in this Agreement.
5. Maintenance and Warranty
The Supplier warrants that the Products will be free from defects in material and workmanship for a period of [Warranty Period] from the date of installation. The Supplier agrees to provide maintenance services during this period as needed to address defects.
6. Liability and Indemnity
The Supplier agrees to indemnify and hold harmless the Buyer from any claims, damages, losses, or expenses arising out of or resulting from the Supplier's performance under this Agreement, except to the extent caused by the Buyer's negligence.
7. Term and Termination
This Agreement shall commence on the date first written above and shall continue until the completion of the work, as specified in this Agreement, unless terminated earlier pursuant to this section. Either party may terminate this Agreement upon [Notice Period] prior written notice to the other party.
8. General Provisions
8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [State/Country].
8.2 Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, regarding such subject matter.
Signatures
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
[Your Name]
[Your Company Name]
[Date]
Dexter Dicken
Diversa
[Date]
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