By accepting, signing, or preforming work in accordance with, any purchase order (“PO”) issued by Sunset Signs, you (“Contractor”) hereby agree to be bound by the terms below unless specifically specified in writing by an officer of the corporation;
PAYMENT REQUIRMENTS:
Invoices will not be approved for payment or accepted unless they are returned with Clear, high-resolution “before” and “after” photos of all work performed after the completion of work. Payment terms are Net 30 unless otherwise stated on the issued PO. All payments are subject to final approval by Sunset Signs’ client.
WARRANTY:
Contractor shall warranty all workmanship for a minimum of 1-year. Contractor agrees to remedy any faulty work within three (3) business days from the time of the request. If Contractor fails to mobilize and take action and/or repair the defective work, Sunset Signs reserves the right to hire another party to repair the work. The cost for the additional party’s work, will be deducted from any outstanding balance to Contractor.
INDEMNIFICATION:
Contractor must provide valid and current Proof of General Liability Insurance and Workers Compensation insurance prior to any work being started. Contractor agrees to indemnify and hold harmless Sunset Signs (including it’s affiliates) and it’s customer for any claims arising out of this purchase order.
PERMITS:
Contractor is fully responsible for acquiring all required permit(s) to preform the work listed on the PO. A copy of any permits and receipts showing the associated fees must be given to Sunset Signs.
INSPECTION OF SHIPMENTS:
Contractor will receive, unload, and immediately inspect any items shipped to by, or on behalf of, Sunset Signs. Contractor must review the packing list and immediately report any missing items to Sunset Signs within 24 hours. Contractor also must report any damage on the bill of lading, and provide photos of damaged items to Sunset Signs immediately. If the shipment cannot be immediately thoroughly inspected upon delivery, the bill of lading must be marked “subject to inspection.” Contractor will then inspect it within 24 hours, and notify both Sunset Signs and the carrier of any damage. If damaged or missing items is not noted or reported as outlined above, Contractor will be liable for the costs associated with repair, reproduction, and shipping. Sunset Signs reserves the right to determine whether such a shipment can be repaired or must be replaced.
RELATIONSHIP BETWEEN PARTIES
The Contractor shall not be considered as having an employee status or as being entitled to participate in any plans, arrangements, or distributions by the Corporation pertaining to or in connection with any insurance, pension, stock bonus, profit-sharing, or similar benefits for their employees.
PROFESSIONAL RESPONSIBILITY
The Contractor shall perform its services in a good and workmanlike manner and in accordance with generally accepted signage installation practices. All proprietary information received from the Corporation and its customers must be treated in strict confidence and may not be used at any time or in any manner in work you may do with others in our industry. At NO TIME may the Contractor share or display ANY details of the work preformed, either directly or indirectly, without the express written consent of Sunset Signs. All consent is only valid if issued by an officer of the corporation.
NON-COMPETITION AGREEMENT
The Contractor acknowledges that any list of Sunset Signs’ Customers or any information received with respect to Sunset Signs’ customers is valuable and unique to Sunset Signs’ business. The Contractor shall not disclose any of Sunset Signs’ customers to any individual or business for any reason whatsoever, nor will the Contractor solicit business from those customers either directly or indirectly. The Contractor hereby agrees that the Corporation shall be entitled to an injunction restraining the Contractor from disclosing or soliciting said Customers, and may pursue other remedies available for such a breach including recovery of damages and legal fees from the Contractor.
SEVERABILITY
If any of the provisions of this Agreement are found or deemed to by a court of competent jurisdiction to be invalid or unenforceable, they shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable.
ENTIRE AGREEMENT
This Agreement shall be construed in accordance with California Law and without regard to choice of law rules shall constitute the entire Agreement between the parties.
VENUE
Any action relating to or arising out of this Agreement shall be brought only in a court of competent jurisdiction located in Orange County, California. In witness whereof, the Corporation has caused this Agreement to be executed in its corporate name by its corporate officers, and the Vendor, Sub-Contractor hereunder, has set its hand and seal, as of this day and year first above written.