Arkansas maintenance service contract template

Arkansas Maintenance Service Contract

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

• [Service Provider Full Legal Name], a [State of Incorporation, e.g., Arkansas] [Entity Type, e.g., corporation], with a principal place of business at [Service Provider Address], hereinafter referred to as "Service Provider", and
• [Client Full Legal Name], a [State of Incorporation, e.g., Arkansas] [Entity Type, e.g., corporation], with a principal place of business at [Client Address], hereinafter referred to as "Client".

Service Provider's Contact Information:

• [Service Provider Contact Person]
• [Service Provider Phone Number]
• [Service Provider Email Address]

Client's Contact Information:

• [Client Contact Person]
• [Client Phone Number]
• [Client Email Address]

1. Scope of Services

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

• Option A: Preventive Maintenance
  • Description: Regular scheduled maintenance to prevent equipment failures and ensure optimal performance. Includes tasks such as:
    • [Specific Maintenance Task 1, e.g., Filter replacement]
    • [Specific Maintenance Task 2, e.g., Lubrication]
    • [Specific Maintenance Task 3, e.g., Inspection]
  • Location(s) within Arkansas: [Specific Address(es) of Service Location(s)]
  • Covered Equipment/Facilities: [List of Specific Equipment or Facilities Covered]
  • Service Standards: [Detailed Description of Service Quality Standards]
  • Inspection Intervals: [Frequency of Scheduled Inspections, e.g., Monthly, Quarterly]
  • Documentation: Service Provider will provide [Type of Documentation, e.g., written reports, electronic logs] after each service visit, documenting work performed, findings, and recommendations.
• Option B: Corrective Maintenance
  • Description: Repair or replacement of malfunctioning equipment or components.
  • Response Time: Service Provider shall respond to requests for corrective maintenance within [Number] hours during normal business hours.
  • Approval Process: Repairs exceeding [Dollar Amount] require prior written approval from Client.
• Option C: Emergency Maintenance
  • Description: Immediate response to critical equipment failures that pose a safety risk or disrupt essential operations.
  • Response Time: Service Provider shall respond to emergency requests within [Number] hours, 24 hours a day, 7 days a week.
  • Contact Method: Emergency requests should be made by calling [Phone Number].

2. Arkansas Compliance

Service Provider represents and warrants that:

• Option A: Licensure and Registration
  • It is properly licensed and registered to perform the services required under this Agreement in the State of Arkansas, including holding License/Registration Number [License/Registration Number] if required for the specific service (e.g., HVAC, Plumbing, Electrical).
• Option B: Labor Regulations
  • It complies with all applicable Arkansas Department of Labor regulations, including wage and hour laws, and worker safety standards.
• Option C: Local Ordinances
  • It will adhere to all relevant local ordinances and city permits required for on-site work in [City/County, e.g., Little Rock, Pulaski County].

3. Client Obligations

Client agrees to:

• Option A: Access
  • Provide Service Provider with reasonable access to the service areas during agreed-upon hours.
• Option B: Safe Working Conditions
  • Ensure safe working conditions in accordance with state and federal OSHA requirements.
• Option C: Notification of Hazards
  • Notify Service Provider of any known hazardous conditions at the service location(s).
• Option D: Approval of Work
  • Provide timely approval of completed work as requested by Service Provider.

4. Service Schedule

• Option A: Regular Hours
  • Services will be performed during the hours of [Start Time] to [End Time], Monday through Friday, excluding holidays.
• Option B: On-Call/Emergency Procedures
  • For emergency services, Service Provider will maintain an on-call technician available 24/7. The on-call technician can be reached at [Phone Number].
• Option C: After-Hours Premium
  • Services performed outside of regular business hours will be billed at a premium rate of [Percentage]% of the standard hourly rate.

5. Payment Structure

• Option A: Service Fee Calculation
  • The service fee will be calculated as:
    • Flat Rate: A fixed monthly fee of [Dollar Amount].
    • Time and Materials: Hourly rate of [Dollar Amount] per hour, plus the cost of materials.
    • Retainer: A monthly retainer fee of [Dollar Amount], which covers [Number] hours of service. Additional hours will be billed at [Dollar Amount] per hour.
• Option B: Rate Card
  • A detailed rate card for regular and emergency services is attached as Exhibit A.
• Option C: Invoicing and Payment
  • Service Provider will invoice Client [Frequency, e.g., monthly, quarterly].
  • Payment is due within [Number] days of the invoice date.
  • Acceptable payment methods: [List of Acceptable Payment Methods, e.g., check, ACH transfer].
• Option D: Arkansas Sales/Use Tax
  • Service Provider is responsible for collecting and remitting Arkansas sales/use tax on taxable services, as required by Arkansas law. Sales tax will be charged at the rate of [Percentage]%.
• Option E: Late Payment
  • Late payments will be subject to a late payment fee of [Percentage]% per month, or the maximum rate allowed by Arkansas law, whichever is lower.

6. Parts, Materials, and Permits

• Option A: Procurement
  • Service Provider is responsible for procuring all necessary parts and materials.
• Option B: Cost Approval
  • Replacement parts exceeding [Dollar Amount] require pre-approval from Client.
• Option C: Markup
  • Service Provider's markup on parts and materials will not exceed [Percentage]%.
• Option D: Permits
  • Client is responsible for obtaining and paying for any required Arkansas state or city permits, unless otherwise agreed upon in writing.

7. Equipment Warranties

• Option A: Warranty Impact
  • Service Provider's maintenance services [Will/Will Not] void the manufacturer's warranty on the covered equipment.
• Option B: Repair vs. Replacement
  • The decision to repair or replace equipment will be made based on [Criteria, e.g., cost-effectiveness, remaining warranty, availability of parts].

8. Performance Standards and Service Level Expectations

• Option A: Minimum Standards
  • Service Provider will perform all services in accordance with industry standards and applicable Arkansas regulations.
• Option B: Response and Resolution Times
  • Service Provider will respond to service requests within [Number] hours and resolve issues within [Number] hours, subject to parts availability and complexity of the repair.
• Option C: Documentation of Deficiencies
  • Client will document any deficiencies in service and provide written notice to Service Provider.

9. Insurance and Risk

• Option A: Insurance Coverage
  • Service Provider will maintain the following insurance coverage:
    • Commercial General Liability Insurance: [Dollar Amount] per occurrence.
    • Workers' Compensation Insurance: As required by Arkansas law.
    • Auto Liability Insurance: [Dollar Amount] per accident.
• Option B: Certificates of Insurance
  • Service Provider will provide certificates of insurance to Client upon request.
• Option C: Indemnification
  • Service Provider shall indemnify and hold harmless Client from and against any and all claims, losses, damages, liabilities, and expenses (including attorney's fees) arising out of or relating to Service Provider's negligence or willful misconduct in performing the services under this Agreement, to the extent permitted by Arkansas law. Client shall indemnify and hold harmless Service Provider from and against any and all claims, losses, damages, liabilities, and expenses (including attorney's fees) arising out of or relating to Client's negligence or willful misconduct.

10. Staffing and Subcontracting

• Option A: Training and Certification
  • All Service Provider staff and subcontractors will be properly trained, certified, and, if necessary, licensed in Arkansas to perform the services required under this Agreement.
• Option B: Client Approval
  • Service Provider will obtain Client's approval prior to using any subcontractors.
• Option C: Independent Contractor Status
  • Service Provider represents that all personnel performing services under this Agreement are employees of the Service Provider or properly classified as independent contractors under Arkansas law.

11. Environmental Compliance

• Option A: Hazardous Materials
  • Service Provider will handle and dispose of all hazardous materials in accordance with Arkansas Department of Environmental Quality regulations.
• Option B: Waste Disposal
  • Service Provider will comply with all Arkansas-specific recycling or waste disposal laws.

12. Access and Security

• Option A: Notification
  • Service Provider will provide [Number] hours' notice prior to accessing Client's premises.
• Option B: Security Procedures
  • Service Provider will comply with Client's site security policies, including [Specific Security Procedures, e.g., wearing badges, signing in/out].

13. Confidentiality

Both parties agree to protect the confidentiality of each other's proprietary information, business data, and client data, in accordance with applicable Arkansas privacy laws.

14. Dispute Resolution

Any disputes arising under this Agreement will be resolved as follows:

• Negotiation: The parties will first attempt to resolve the dispute through good-faith negotiation.
• Mediation: If negotiation fails, the parties will submit the dispute to non-binding mediation in Arkansas.
• Arbitration: If mediation fails, the dispute will be resolved by binding arbitration in accordance with the rules of [Arbitration Organization, e.g., American Arbitration Association] in Arkansas.
• Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas. The courts of Pulaski County, Arkansas, shall have jurisdiction over any litigation arising out of this Agreement.

15. Term and Termination

• Option A: Term
  • This Agreement shall commence on [Start Date] and continue for a term of [Number] [Months/Years].
• Option B: Renewal
  • This Agreement will automatically renew for successive [Number] [Months/Years] terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Option C: Termination for Cause
  • Either party may terminate this Agreement for cause upon [Number] days' written notice if the other party breaches any material term of this Agreement and fails to cure such breach within the notice period.
• Option D: Termination for Convenience
  • Client may terminate this Agreement for convenience upon [Number] days' written notice to Service Provider.
• Option E: Obligations upon Termination
  • Upon termination, Service Provider will return all Client property, and Client will pay Service Provider for all services performed through the date of termination.

16. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, government regulations, or natural disasters recognized as Force Majeure events under Arkansas law.

17. Remedies and Liquidated Damages

• Option A: Breach of Service Levels
  • If Service Provider fails to meet the agreed-upon service levels, Client shall be entitled to [Specific Remedy, e.g., a credit on the next invoice].
• Option B: Defective Work
  • If Service Provider performs defective work, Service Provider shall, at its own expense, correct the defective work within a reasonable time.
• Option C: Failure to Obtain Licenses
  • If Service Provider fails to maintain required licenses, Client may terminate the agreement immediately.

18. Compliance Representations and Warranties

Service Provider represents and warrants that all work and materials will conform to all applicable Arkansas state and local laws and regulations.

19. Record-Keeping and Inspection Rights

Service Provider will maintain accurate records of all services performed under this Agreement. Client shall have the right to inspect such records upon reasonable notice. Service Provider shall retain such records for a minimum of [Number] years in accordance with Arkansas records retention requirements.

20. Property Rights and Ownership

Service reports, maintenance logs, or any intellectual property developed during the service will be owned by [Client/Service Provider], subject to Arkansas law regarding work for hire and data ownership.

21. Health and Safety

Service Provider will comply with all Arkansas Department of Labor and OSHA standards. Service Provider will immediately report any workplace accidents to Client and the appropriate authorities as required by Arkansas law.

22. Entire Agreement and Severability

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

23. Notice

All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by email with confirmation of receipt, to the addresses set forth above.

24. Modification

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

25. Consumer Protections (Optional)

If services are provided to residential clients, Service Provider will comply with all applicable Arkansas consumer protection laws, including providing notice of the right to cancel and complying with the Arkansas Home Repair Fraud Act, if applicable.

IN WITNESS WHEREOF, the parties have executed this Arkansas Maintenance Service Contract as of the date first written above.

[Service Provider Full Legal Name]

By: [Signature]

Name: [Printed Name]

Title: [Title]

[Client Full Legal Name]

By: [Signature]

Name: [Printed Name]

Title: [Title]