CARBIDE INDUSTRIES, LLC

CABINET INSTALLATION AGREEMENT FOR:

Job Name:

Contract Amount:

Unit pricing

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1.)Pay voucher due to Carbide’s office by Friday @ 5:00 pm. Faxed copies are acceptable. Work must be 100% complete to date of faxed voucher. Request must be on Carbide form and Lien Release must be attached for work performed in the amount of the check request.

2.)Subcontractor checks will be mailed the following week on or about Friday.

3.)Carbide reserves the right to verify all completed work prior to check being issued. Issuance of check does not in any way indicate Carbide has accepted work as “punch free.

4.)A 10% retainage will be held until final punch is completed,building is turned over to management and Carbide has received retainage from Contractor..

5.)No “extras” will be paid unless approved in writing by the contractor and Carbide in Advance of work being performed.

6.)Current worker’s compensation certificate and liability insurance must be provided by the subcontractor prior to starting work and must conform to limits required by Carbide for each specific job. Workmen’s compensation insurance must cover all persons’ employed. Carbide must be listed as an additional insured on the policy and a hold harmless clause must be present on certificate in Carbide Industries, LLC favor.

7.)Contracted price includes unload and dispersal of cabinets, counter tops and cultured marble vanity tops, installation of cabinets, countertops, hardware and all punch to management/owners acceptance.

8.)Cabinet deliveries will be scheduled by Carbide, and installer agrees to promptly meet truck at the scheduled time and unload in a timely manner. One hour time limit for unloading box truck, two hour limit for unloading 53 foot trailer. Installer crew agrees not to stop for lunch or take breaks until the truck is unloaded.

9.)Cabinet deliveries may have multiple buildings per truck load and may need additional scattering which is included in the unit price.

10.) All units will be cleaned to the same condition as when the installer entered the unit. All trash is to be disposed of in the proper location as specified by the job site superintendent. Any back charges to Carbide for site cleanup will be back charged to installer and deducted from retainage.

11.) Units are to be swept of all cabinet debris and mud or dirt as caused by the installer or his crew prior to submitting pay voucher for said work. Cabinets will be wiped down on the outside and wiped out on the inside of all saw dust..

12.) All back charges resulting from actions or lack of action from installer by the contractor will be directly passed onto the installer.

13.) All work and completion dates will be according to the contractor’s schedule and will be done in a timely manner by the installer to meet that schedule. Installer agrees to hire additional staff or increase hours of work at no additional cost beyond the agreed upon prices as indicated on this contract to meet the contractors schedule. Seven day work weeks may be required to meet schedules.

14.)Subcontractor will employ only competent, legal to work in the US, qualified individuals and will maintain proper supervision of the same.

15.)Touchup markers, putty, seam fill and paint to be provided to installer at the beginning of the job.

16.)Caulk (white or almond) and all screws are part of the negotiated prices as per this contract and will be provided by installer at no additional cost to Carbide Industries LLC.

17.)All material to repair or replace cabinets or countertops due to improper installation, loss due to material not being installed immediately after acceptance of delivery or damage by installer or his/her crew will be secured for and paid for by installer. All damaged items or missing items on delivery must be noted on drivers paperwork and a copy faxed by the installer to Carbide’s office by 5:00 pm of the receiving work day.

18.)Installer must have pay vouchers approved by a jobsite representative prior to payment by Carbide Industries, LLC.

19.)Installer must include any federal, state or Davis Bacon required paperwork with pay voucher. Failure to provide properly completed paperwork as required will result in non payment until corrections are made and accepted by the Contractor and Carbide Industries LLC.

20.)Installers will have weekly tool box safety meeting with all people employed on Carbide’s jobs and include these with pay voucher. No payments will be made to subcontractor without this paperwork.

21.)Subcontractor is responsible for ensuring cabinets and tops are installed per the proper jobsite requirements. Subcontractor agrees to verify all locations and heights with jobsite blue prints prior to installation. Installer agrees to field verify as well as verify with jobsite superintendent prior to beginning installations.

22.)Installer will attend all jobsite meetings required as Carbide’s field representative during the duration of Carbide’s scope of work and inform Carbide of the results of such meeting.

23.)Installer will be backcharged at a rate of $35.00 per hour plus expenses for all incomplete work or punch work that is performed by Carbide’s representative on behalf of the installer to complete units to Carbide’s and contractors satisfaction. Installer agrees that he/she will forfeit any and all monies due installer by Carbide Industries LLC. Regardless of which job money is owed if installer does not complete all work on this or any other contract with Carbide Industries LLC to Carbide Industries llc or contractors satisfaction.

24.)Installer/subcontractor agrees to all terms and conditions “the same as Carbide Industries, LLC” for the purposes of the Primary Contract from the General Contractor. The Primary Contract is available for review by the Installer/subcontractor upon request, prior to the acceptance of the contract or start of the project. Contract will be available for review at Carbide’s main office located in Groveland Florida.

25.)Installer/Subcontractor will hold each employee or subcontractor to the same terms and conditions as included in Carbide Industries, LLC’s Installation Agreement.

NOTE: Carbide reserves the right to terminate this agreement at will for poor work performance or failure to adhere to any condition set forth above. Carbide also reserves the right to terminate this agreement at the request of the General Contractor and/or Owner or due to the cancellation of Carbide Industries LLC contract with the General Contractor or Owner. Installer understands that if the installation is abandoned (job will be considered abandoned if installer/subcontractor fails to show up and work on a scheduled work day as per the contractor’s schedule) by the installer or this contract is terminated for poor performance or failure to meet any condition of this contract all monies owed on any jobwith Carbide Industries, including any retainage held on any job will be forfeited by the installer.

This Agreement is a legal and binding document between Carbide Industries, LLC and ______.

By signing this agreement, both parties agree to the terms stated herein.

The prevailing party in any litigation arising in any way out of this Agreement shall be entitled to an award of attorney’s fees and costs, at trial and upon appeal, from the non-prevailing party. The sole and exclusive jurisdiction and venue for any dispute arising out of this Agreement shall solely and exclusively reside in the state court of competent jurisdiction in Orange County, FL. By executing this Agreement,______

Hereby submits themselves to the jurisdiction of the above named court.

I have read and I understand and agree to the terms listed above and will do the work for the prices indicated. This contract may be terminated by Carbide Industries, LLC at any time the terms of this agreement are not met.

DATE ______SIGNATURE/TITLE______

Installer/Subcontractor

DATE ______SIGNATURE/TITLE______

Carbide Industries, LLC

11/28/10