Alabama maintenance service contract template

Alabama Maintenance Service Contract

This Alabama Maintenance Service Contract ("Agreement") is made and entered into as of this [Date] by and between:

[Maintenance Service Provider Name], a [State] [Entity Type] with its principal place of business at [Provider Address, including City, State (Alabama), and Zip Code] ("Provider"),

and

[Client Name], a [State] [Entity Type] with its principal place of business at [Client Address, including City, State (Alabama), and Zip Code] ("Client").

Subject of Maintenance

Option A: Real Property: The real property subject to maintenance is located at [Property Address, including City, State (Alabama), and Zip Code], legally described as [Legal Description], and includes the following specific areas: [Detailed Description of Areas]. Access instructions: [Access Instructions].

Option B: Equipment: The equipment subject to maintenance includes the following: [Detailed Description of Equipment, including Serial Numbers, Model Numbers, Locations within Client’s Premises]. Access instructions: [Access Instructions].

Option C: Both Real Property and Equipment: A combination of the above, as detailed in Appendix A. Access instructions: [Access Instructions].

Scope of Services

Option A: Comprehensive Maintenance: Provider will provide comprehensive maintenance services, including routine, preventive, and emergency maintenance, as detailed in Schedule B.

Option B: Specific Maintenance: Provider will provide the following specific maintenance services:

• Routine Maintenance: [Detailed description of routine services, e.g., Janitorial, Landscaping].
• Preventive Maintenance: [Detailed description of preventive services, e.g., HVAC inspection, Electrical system checks].
• Emergency Maintenance: [Detailed description of emergency services, e.g., Plumbing, Electrical repairs].

Option C: On-Demand Maintenance: Provider will provide maintenance services as requested by Client on an as-needed basis.

Service Standards and Schedule

Option A: Defined Schedule: Services will be performed according to the following schedule: [Detailed Schedule, e.g., Weekly landscaping, Monthly HVAC inspection].

Option B: On-Call Basis: Provider will be available on-call [Days of Week] from [Start Time] to [End Time]. Emergency response time: [Response Time, e.g., Within 2 hours].

Option C: Combination: A combination of defined schedule services and on-call availability. Details in Appendix C.

Alabama Local Holiday Policy: Services will/will not be provided on Alabama state holidays: [Specify whether services will be provided on Alabama State Holidays].

Parts and Materials

Option A: Provider Furnished: Provider will furnish all necessary parts and materials.

• Original Manufacturer Parts: Original manufacturer parts will be used/will not be used unless otherwise specified.

Option B: Client Furnished: Client will furnish all necessary parts and materials.

Option C: Mixed: Provider will furnish some parts and materials, while Client will furnish others as specified in Schedule D.

Disposal of waste will be handled in accordance with all applicable Alabama environmental and health regulations.

Licensing and Insurance

Provider represents and warrants that it holds all necessary licenses and permits required to perform the services under this Agreement in the State of Alabama, including: [List License Types and Numbers, e.g., HVAC License #, Electrical License #].

Provider will maintain valid and adequate insurance, including general liability insurance, workers' compensation insurance in compliance with Alabama law, and [Other Insurance Types]. Certificates of insurance are attached as Appendix E.

Background checks will/will not be conducted on on-site personnel. If conducted, Provider will comply with all applicable Alabama employment laws.

Client Obligations

Client will provide Provider with access to the property/equipment as needed to perform the services.

Client will provide necessary utilities (e.g., electricity, water) to Provider to perform the services.

Client will provide a safe working environment for Provider’s personnel.

Client will provide prior notification of any restricted areas or hazardous conditions.

Client will provide timely approval and cooperation as required.

Service Fees and Payment

Option A: Flat Fee: The service fee is a flat fee of [Dollar Amount] per [Time Period, e.g., month].

Option B: Hourly Rate: The service fee is [Dollar Amount] per hour, plus materials.

Option C: Combination: A combination of flat fees and hourly rates as detailed in Schedule F.

Alabama state and local taxes will be added as applicable.

Payment Schedule: Payment is due [Number] days from the date of invoice (Net [Number]).

Payment Methods: Payment may be made by [List Payment Methods, e.g., Check, ACH, Credit Card].

Late Payment Penalties: Late payments will be subject to a late fee of [Percentage]% per month, or the maximum amount permitted by Alabama law.

Change Orders

Any changes to the scope of services or fees must be agreed to in writing by both parties in a Change Order.

Performance Guarantee

Provider guarantees that all services will be performed in a professional and workmanlike manner.

If services are not performed to Client’s reasonable satisfaction, Provider will [Remedy, e.g., re-perform the services, provide a refund].

Warranty

Provider warrants its labor for a period of [Number] days from the date of service.

Manufacturer's warranties apply to parts.

This warranty does not cover damage caused by [Exclusions, e.g., misuse, acts of God].

Reports and Documentation

Provider will maintain written service logs and completion reports.

Provider will provide Client with monthly/quarterly maintenance summaries.

Subcontracting

Provider may subcontract services only with Client’s prior written approval. All subcontractors must comply with Alabama licensing, insurance, and safety requirements.

Confidentiality

Provider will maintain the confidentiality of Client’s business information.

Provider will comply with all applicable Alabama privacy and data security laws.

Liability

Provider will indemnify Client from and against any third-party claims arising from Provider's negligence.

Client is responsible for any damages caused by Client’s misuse of equipment.

Statutory limits on recoverable damages under Alabama law will apply.

Term and Termination

This Agreement will begin on [Start Date] and will continue for a term of [Number] [Time Period, e.g., months, years].

Renewal: This Agreement will/will not automatically renew for successive [Time Period, e.g., months, years] terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.

Termination: Either party may terminate this Agreement for cause. Client may terminate for convenience with [Number] days' written notice.

Upon termination, Client will pay for all services rendered and approved costs up to the date of termination.

Breach and Remedies

If Client breaches this Agreement, Provider may withhold payment or suspend service.

If Provider breaches this Agreement, Client may seek specific performance or other legal remedies.

Dispute Resolution

Any disputes arising under this Agreement will be resolved through mediation in [County Name] County, Alabama.

If mediation fails, disputes will be resolved through arbitration in [County Name] County, Alabama.

This Agreement will be governed by the laws of the State of Alabama.

Consumer Protection Provisions

[If applicable, include Alabama-specific consumer protection disclosures and cancellation rights.]

Lien Rights

[If applicable, include language regarding notice and right to file a lien, complying with Alabama lien laws.]

Modification

This Agreement may be modified only by a written agreement signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Maintenance Service Provider Name]

By: [Printed Name]

Title: [Title]

[Client Name]

By: [Printed Name]

Title: [Title]