Contracts and Payment Structures

Roof Repair Agreement

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THIS AGREEMENT is completed on this 3rd day of September the year Two Thousand and Fourteen at New York between Mr. IAN DUNCAN of Post Office Box Number 46530-001800 New York, USA (hereinafter referred to as ‘the Client’ to represent himself, and his agents, assigns, and personal representatives) and DIDIER HOME IMPROVEMENT COMPANY, LLC a limited liability company listed as such in New York, USA, Post Office Box 9386-0111000 New York (hereinafter referred to as the ‘Service Provider’ which expression shall where the context so admits include its assigns, personal representatives and agents).

NOW THIS AGREEMENT WITNESSES AS FOLLOWS:

  1. That the service provider typically is in the business of roof repair and is thus well acquainted with it.
  2. That the contract is completed on a willing seller and willing buyer basis.
  3. That the service provider has required the client to pay a total of $ 1200 (hereinafter referred to as the contract price) and the client has accepted to pay the same amount for the service.
  4. That the service provider shall complete the work within four days after commencement.
  5.  That the client shall deposit in service provider’s account $ 500 at least 15 days before the day of commencement of the repair process as a guarantee (Stone, 2009).
  6. That the client will pay a minimum of a further $ 250 after the first two days of service and which will be paid in cash to the person performing the service.
  7. That all payments will be completed within two days after the completion of the task.
  8. That all moneys that will stand unpaid two days after the completion of the task will incur a penalty of 1 % each day it is not paid.
  9. That the service provider will be charged a 1 % penalty for every day after four days for which the contract stays incomplete.
  10. That service provider shall commence the work on the 21st day of October the Year Two Thousand and Fourteen or fifteen days after the first day of work whichever comes later.
  11. That payment shall be effected through the service provider’s bank account number as shall be provided.
  12. That if a court of law or statute declares any part of this agreement invalid, illegal or unenforceable the remaining parts remain in full effect and force (Furmstone, 2001).
  13. That the agreement shall be terminated upon either of the parties being declared bankrupt or insolvent by a court of law.
  14. That the agreement shall terminate upon death or insanity of the client.
  15. That in case of any dispute as to the interpretation and/or application of any part of this agreement recourse shall be had to arbitration (Anston, Jenkins & Huffcut, 2010).
  16. That the parties shall be at liberty to choose an arbitrator.
  17. That the agreement shall be subject to the laws of United States of America.
  18. That if a party breaches any of the provisions of this agreement he shall serve the non breaching party with notice to cure the breach and proceed to cure the breach failure to which the non breaching party can proceed to terminate the agreement.
  19. That none of the parties shall be liable for frustration of the contract resulting from circumstances over which they have no control.

IN WITNESS WHERE OF this Agreement has been duly executed as of the day and year mentioned above.

Signed by the Service Provider:

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Didier Home Improvement Company, LLC (Directors)……………………….

IN THE PRESENCE OF:

Mrs. Judy Simon………………………..

Signed By the Client:

Mr. Ian Duncan: …………………………

Post Office Box Number 46530-001800 New York, USA

References

Anson, Jenkins & Huffcut Josephine (2010). The Law of Contract, 29th Edition, Oxford, OUP Publishers.

Furmstone, Michael. (2001) Cheshire, Fifoot and Furmstone’s Law of Contracts, 6th edition, Oxford, OUP Publishers.

Koffman, Laurence & MacDonald, Elizabeth, (2010). The Law of Contract, 3rd Edition, Oxford, OUP Oxford Publishers.

Stone, R.M., (2009). The Modern Law of Contracts, 8th Edition, New York: Routledge Publishers.

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