Arizona maintenance service contract template

Arizona Maintenance Service Agreement

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

• [Service Provider Company Name], a [State] [Entity Type, e.g., LLC], with its principal place of business at [Service Provider Address], hereinafter referred to as "Service Provider," and
• [Client Company Name or Individual Name], residing at [Client Address], hereinafter referred to as "Client."

1. Scope of Services

The Service Provider agrees to provide the following maintenance services to the Client:

• Option A: Comprehensive Maintenance: Comprehensive maintenance services for the following equipment/systems located at [Service Location Address(es)]: [List of Equipment/Systems]. This includes preventive maintenance, corrective maintenance, emergency repair services, routine inspections, parts replacement, cleaning, lubrication, calibration, and testing.
• Option B: Preventive Maintenance Only: Preventive maintenance services as per the schedule outlined in Section 2 for the following equipment/systems located at [Service Location Address(es)]: [List of Equipment/Systems]. This includes routine inspections, cleaning, lubrication, calibration, and testing. Corrective maintenance and emergency repairs are excluded.
• Option C: Specific Service Request: Services will be performed as requested by the client and agreed upon with the service provider based on a case by case situation, which will involve inspection, troubleshooting, or any service agreed to by both parties.
• Scope of Work Details: [Detailed description of the specific maintenance services to be provided, including listing included and excluded services.]

2. Service Schedule

The Service Provider will perform the services according to the following schedule:

• Option A: Fixed Schedule:
  • Frequency: [Daily/Weekly/Monthly/Quarterly/Annual]
  • Time of Performance: [Specific Time or Time Range]
  • Allowable Response Time (Routine Requests): [Number] [Hours/Days]
  • Allowable Response Time (Emergency Requests): [Number] [Hours/Days]
• Option B: On-Demand: Services will be performed as requested by the Client.
  • Procedure for Requesting Service: [Description of the procedure, e.g., phone call, email, online portal]
  • Allowable Response Time: [Number] [Hours/Days]
• Procedure for Requesting Additional/Unscheduled Services: [Description of the procedure.]

3. Performance Standards

The Service Provider will perform the services in accordance with the following performance standards:

• Option A: Manufacturer Guidelines: Applicable manufacturer guidelines for the equipment/systems being maintained.
• Option B: Industry Standards: Industry standards relevant to the type of maintenance being performed, including [Specific Standard Name(s)].
• Option C: Custom Standards:
  • Minimum Response Time: [Number] [Hours/Days]
  • Maximum Resolution Time: [Number] [Hours/Days]
  • Documented Quality Assurance Protocols: [Description of Protocols]
  • Timeliness and Documentation Requirements: [Description of Requirements]

4. Compliance with Laws and Regulations (Arizona Specific)

The Service Provider shall comply with all applicable Arizona and federal laws and regulations, including but not limited to:

• Arizona Revised Statutes Title 32 (Contractor Licensing, if applicable).
• OSHA safety standards.
• Local city and county permit requirements.
• Environmental standards for disposal of hazardous waste.
• Reporting requirements to relevant Arizona agencies.

5. Representations and Warranties

The Service Provider represents and warrants that it:

• Possesses all required contractor and business licenses valid in Arizona.
• Maintains all required bonding and insurance coverage as required by Arizona law.
• Holds all required certifications, including [Specific Certifications, e.g., EPA Section 608 for HVAC].

6. Service Locations and Access

• Service Location(s): [Client Site Address(es)]
• Restrictions for Access to Premises: [Description of any restrictions, e.g., security protocols, after-hours access]
• Prior Notification Requirements: [Number] [Hours/Days] notice required before access.
• On-Site Conduct Rules: [Description of any conduct rules.]
• Client Obligations Regarding Facility Preparation: [Description of any client obligations, e.g., clearing workspace]

7. Pricing and Payment

• Option A: Fixed Fee: A fixed fee of [Dollar Amount] per [Month/Quarter/Year].
• Option B: Hourly Rate: An hourly rate of [Dollar Amount].
• Option C: Per-Visit Charge: A charge of [Dollar Amount] per visit.
• Parts and Materials Markup: [Percentage]% markup on parts and materials.
• Trip Fees: [Dollar Amount] per trip.
• Minimum Charges: [Dollar Amount] minimum charge per service call.
• Methods of Billing and Invoicing: [Description of billing methods, e.g., paper invoice, electronic invoice] (Includes Arizona state and local tax considerations).
• Payment Terms: Net [Number] days.
• Late Payment Penalties: [Percentage]% per month late fee.
• Acceptable Payment Methods: [List of acceptable payment methods, e.g., check, credit card, ACH].
• Handling of Disputed Invoices: [Description of procedure for disputing invoices.]

8. Parts and Materials

• Client Pre-Approval Needed: [Yes/No] for parts and materials exceeding [Dollar Amount].
• Use of OEM vs. Aftermarket Components: [Preference for OEM or Aftermarket; if both state conditions]
• Warranty Terms on Parts and Labor: [Description of Warranty Terms]
• Procedures for Defective/Repeated-Failure Components: [Description of Procedures]
• Client Approval for Third-Party Subcontractors: [Yes/No]

9. Liability and Insurance

• Indemnification: Service Provider agrees to indemnify Client for injury, property damage, or loss arising from Service Provider's negligence.
• Limitation of Consequential Damages: [Explicit waiver or limitation of consequential damages consistent with Arizona law].
• Insurance Requirements:
  • General Liability: [Dollar Amount]
  • Worker’s Compensation: As required by Arizona statutes.
  • Vehicle Insurance: [Dollar Amount] (if applicable)

10. Termination

• Option A: For-Cause Termination: This Agreement may be terminated by either party for cause, including failure to perform, breach of service levels, or regulatory noncompliance.
  • Notice Period: [Number] [Days/Weeks] written notice.
• Option B: Without-Cause Termination: This Agreement may be terminated by either party without cause with [Number] [Days/Weeks] written notice as specified under Arizona contract law.
• Effect of Termination:
  • Final Inspection: [Description of final inspection procedure]
  • Return of Client Property: All client property shall be returned within [Number] [Days/Weeks].
  • Pro-Rata Refund or Final Payment: [Description of pro-rata refund or final payment procedure]
  • Delivery of Service Records: Service records shall be delivered to the Client within [Number] [Days/Weeks].
• Early Contract Exit Fees/Penalties (if any): [Description of fees/penalties].

11. Dispute Resolution

• Prioritizing Arizona-based negotiation.
• Local Mediation/Arbitration: [Specify location and forum, e.g., American Arbitration Association local panel in Phoenix, AZ]
• Governing Law: This Agreement shall be governed by the laws of the State of Arizona.
• Venue: Maricopa County, Arizona.

12. Change Orders

• Process for Approval: [Description of change order approval process]
• Written Documentation Required: [Yes/No]
• Adjustment of Fees and Schedule: [Description of how fees and schedule will be adjusted]
• Timeline for Client Response: Client shall respond to proposed changes within [Number] [Days/Weeks].

13. Recordkeeping and Reporting

• Mandatory Service Logs: [Description of required service logs]
• Maintenance Records: Maintenance records shall be maintained for [Number] years.
• Access/Ownership of Service Records: [Description of access and ownership rights]

14. Confidentiality and Data Security

• Protection of client facility, system, or equipment data.
• Limitation on disclosure of proprietary processes.
• [Detailed confidentiality agreements tailored to specific maintenance context.]

15. Assignment and Subcontracting

• Assignment Limitations: [Description of assignment limitations] (including mandatory notification and client consent per Arizona law).
• Subcontracting Limitations: [Description of subcontracting limitations] (including mandatory notification and client consent per Arizona law).

16. Insurance and Bonding

• Minimum Coverage Limits: As per Arizona Contractor Board rules.
• Additional Insured: Client [Shall/Shall Not] be named as an additional insured.

17. Force Majeure

• Definition: Any event beyond the reasonable control of either party, including Arizona-specific weather or regional disruptions, power outages, strikes, or other statewide emergencies.
• Relief: [Description of relief provided in case of force majeure]
• Notice Requirements: [Description of notice requirements]
• Resumption of Services: [Description of how services will be resumed]

18. Compliance with Arizona Employment and Immigration Laws

The Service Provider shall comply with Arizona's employment and immigration laws, including using the E-Verify program if required by A.R.S. § 41-4401.

19. Ownership

• Ownership of Tools and Equipment: The Service Provider shall retain ownership of all tools and equipment.
• Ownership of Replaced Parts: [Description of ownership rights; specify rights to salvage, recycle, or return to client]
• Permits and Approvals: [Delineation of provider vs. client responsibilities]

20. Arizona Transaction Privilege Tax (TPT)

The Service Provider is [Responsible/Not Responsible] for collecting and remitting Arizona Transaction Privilege Tax (TPT) for services performed.

21. Notices

• Method of Official Communication: [Description of preferred method, e.g., certified mail, email]
• Applicable Arizona Statutes for Delivery of Legal Notice.

22. Miscellaneous

• Integration: This Agreement constitutes the entire agreement between the parties.
• Severability: If any provision of this Agreement is held to be invalid, the remaining provisions shall remain in full force and effect.
• Amendment: This Agreement may be amended only by a written instrument signed by both parties.

23. Optional Provisions

• Client-Provided Supplies: [Description of any client-provided supplies]
• Hazardous Material Handling: [Description of procedures for hazardous material handling]
• On-Call/Standby Fees: [Description of on-call/standby fees]
• After-Hours/Holiday Surcharges: [Description of after-hours/holiday surcharges]
• Escalation Procedures for Unresolved Technical Failures: [Description of escalation procedures]

24. Agreement

The parties acknowledge that they have read and understand this Agreement and voluntarily agree to be bound by its terms and conditions.

Service Provider:

By: [Service Provider Name]

Title: [Service Provider Title]

Date: [Date]

Client:

By: [Client Name]

Title: [Client Title] (if applicable)

Date: [Date]