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An Example of an Estimating Services Contract
DORSET BUILDERS, INC. will provide estimating services at the rate of $30.00 per hour plus $.30 per mile. Dorset shall charge for all time related to estimating, including but not limited to, travel to and from a job, meetings, collecting prices, phone calls, clarifying or writing specifications, making and revising drawings, discussing the project with owner, architect, or Client. Dorset will bill for miscellaneous items such as long distance calls, delivery services, or photographs on each jobs invoice.
RELATIONSHIP OF PARTIES. It is understood by the parties that Dorset Builders, Inc. is an independent contractor and as such the Client is not responsible for taxes, insurance, or employee benefits.
DORSET WILL NOT INTENTIONALLY, either directly or indirectly, use for it's benefit, divulge, disclose, or communicate any information that is proprietary to the Client. Dorset agrees to protect such information and treat it as confidential. Further, Dorset will not use for its own gain any contacts or customers that have been developed by the Client and provided to Dorset for a period of one year after that termination of this agreement. Doset will not solicit, induce, or attempt to induce any of the CLient's employees for employment with Dorset. Upon termination of this Agreement by either party Dorset will convey to the Client all documentation and other items related to the Client's jobs.
ESTIMATED COSTS or hours to complete an estimate, written or verbal, provided by Dorset, and discussions of price between Client and Dorset are understood to be 'best judgement' only and are not in any way to be construed as assurances of the final cost of a project.
UPON RECIEPT of an estimate, drawing or specification or any job related information from Dorset the Client shall assess the accuracy of the information for their purposes. The Client may accept, change, or not use the information all or in part. Use of all or part of the information provided by Dorset is evidence that the Client assumes all responsibility for how the information is used all, in part, or not at all the Client agrees to pay Dorset for the work produced.
AT THE TIME DORSET transmits the estimate to the Client an invoice will be included. The Client agrees to pay Dorset weekly for all billed jobs. The Client agrees to pay a service charge of two percent (2%) per month on any payment more than ten (10) days overdue & any legal or other fees incurred by if it becomes necessary to collect past due payments.
ENTIRE AGREEMENT. This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written unless this agreement is formally amended in writing and signed by both parties.
SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
ACCEPTANCE OF PROPOSAL: The above conditions are herby accepted. Dorset is authorized to do the work and to bill as specified. Payment will be made as outlined above.
Mark Q. Kerson
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