AGREEMENT
FOR
XXXXXXXXXXXXXXXXXXX
BETWEEN
AND
THIS AGREEMENT is made onXX/XX/2011 , by and between ________________ . (here in after called The employer ”) and __________________ Compa ny Ltd. (here in after called The con tractor ”).
WHEREAS:
1. The employer is desirous of carry ing out the (here in after referred to as The Works ”)
2. The con tractor has agreed to execute the said work in strict complia nee with the terms of this Agreeme nt.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1. Commencement: This Agreement shall commenee on the date first above writte n.
2. Location of work : The employer 'worksite in __________________ .
3. Scope of work : The con tractor shall un dertake the ________________________ .
4. Period of completion :
The work shall be completed within a period of ________ days from the date first above writte n as comme nceme nt date in this agreeme nt.
5. Con tract sum : The total value of the con tract shall be the sum of N Naira only.
6. Mode of payme nt:
First in stallme nt : The employer shall pay to the con tractor ninety five percent of the total price, i.e. __________________ Naira only upon completion of the work.
Second installment: The employer shall pay to the contractor five percent of the difference of the total price ,i.e. ______________ Naira. only ,two weeks later, after the work received has been proved qualified.
7. Penalty for default :
In the event the contractor shall fail to complete the work in time owing to reasons that the contractor shall be held liable ,the contractor shall pay a penalty for such default based on one out of a thousand of the total price for installation work per day ,i.e. ________________________ Naira ,only for each day of such default.
8.Increase or decrease of work :
In case the employer has to amend ,increase or decrease the working schedule ,the corresponding increase or decrease of total price shall be evaluated according to the terms and conditions between the two Parties ,Should the work be increased ,the Parties shall enter into an agreement for the unit price of additional items. Should any part of the completed work of any part of the materials transported to the site have to be abandoned owing to amendment made by the employer ,The employer shall ,after having received the work ,pay for each completed work or materials abandoned as per the unit price specified to the contractor.
9.Supervision for progress and quantity :
The supervision personnel appointed by the employer and its representative shall have the authority to supervise the progress and quantity of the work and give instruction. The contractor shall perform correctly in accordance with such instruction given by the employer's personnel or representative. If the work can not achieve the quantity standard from the client, the contractor must redo it without any extra payment and the contractor have to finish the work within the period of the completion.
10.Stopage work :
Should the employer notify the contractor to stop the work for reasons beyond the responsibility of the contractor ,the contractor can stop the work and claim from the employer the price of finished work ,materials at site and other reasonable expenses to be added or deducted from the paid installments.
11.Custody of work :
The completed work and the materials ,tools ,and equipment at site shall be under the custody of the contractor after commencement and before completion and delivery of the work. Unless in the event of Force Majeure ,the contractor shall be fully responsible for any damage of the work under the custody of the contractor. In case of Force Majeure, the contractor shall give a list of damage according to the actual condition and suggest an expected price and date for recovery from such damage to the employer for checking and payment. Should the employer decide not to continue with the work ,this contract shall be