Hawaii maintenance service contract template

Hawaii Maintenance Service Contract

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

[Service Provider Legal Name], a [State] [Entity Type] with its principal place of business at [Service Provider Business Address], State of Hawaii Business License Number: [License Number], Contractor License Number (if applicable): [License Number], hereinafter referred to as "Service Provider,"

and

[Client Legal Name], a [State] [Entity Type] with its principal place of business at [Client Business Address], hereinafter referred to as "Client."

Service Provider Contact: [Service Provider Contact Name], [Service Provider Contact Phone Number], [Service Provider Contact Email]

Client Contact: [Client Contact Name], [Client Contact Phone Number], [Client Contact Email]

1. Scope of Services

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

Option A: Detailed Description of Services:

[Detailed description of maintenance services to be provided including specific tasks, make/model/serial numbers of equipment, and service levels (preventive, scheduled, or corrective)]

Option B: Service Exclusions:

The following services are specifically excluded from this Contract: [List of excluded services]

Option C: Service Frequency:

Services will be performed [Frequency, e.g., weekly, monthly, quarterly].

Option D: Hawaii Specific Environmental and Safety Compliance

Service Provider shall adhere to all applicable Hawaii environmental and safety compliance obligations as required by State and County Laws.

2. Service Area and Response Times

Option A: Service Location:

The primary service location is: [Address of Service Location]. This location is subject to [Kauhale management rules/restrictions, if any].

Option B: Response Time:

The Service Provider shall respond to service requests within [Number] hours during normal business hours. Emergency response time is [Number] hours.

Option C: Mean Time to Repair (MTTR):

The Mean Time To Repair (MTTR) for equipment shall not exceed [Number] hours.

Option D: Island Specific Scheduling and Transport Allowance

For service on neighbor islands, scheduling and transport shall be allowed as follows: [Explanation of specific island scheduling and transport requirements.]

3. Client Obligations

Option A: Site Access:

The Client shall provide the Service Provider with reasonable access to the service location, including [Specific access procedures, e.g., keys, access codes].

Option B: Workspace Preparation:

Client shall prepare the workspace in accordance with Hawaii property practices by: [Description of preparation required].

Option C: Notification Lead Times:

The Client shall provide the Service Provider with [Number] days' notice for scheduled maintenance.

Option D: Local Contact Personnel

Client will provide the following local contact for on-site matters: [Local Contact Name and Contact Information].

4. Service Schedule

Option A: Days and Times:

Services will be performed on [Days of the week] between the hours of [Start Time] and [End Time].

Option B: Blackout Dates:

Services will not be performed on the following dates: [List of Hawaii state holidays and other blackout dates, e.g., Prince Kūhiō Day, King Kamehameha Day, Honolulu Marathon closures, hurricane/tsunami evacuation protocols].

Option C: Rescheduling/Cancellation:

Rescheduling or cancellation requires [Number] days' written notice. A fee of [Dollar Amount] will be charged for cancellations with less than [Number] days' notice.

Option D: Force Majeure

Permissible force majeure events as per HRS standards include: [list of force majeure events].

5. Fees and Payment

Option A: Fee Structure:

The fee for services is [Dollar Amount] per [Month/Call/Hour] plus General Excise Tax (G.E.T.) and any applicable county surcharges. Overtime is billed at [Dollar Amount] per hour.

Option B: Billing Cycle:

The Service Provider shall invoice the Client [Frequency, e.g., monthly].

Option C: Payment Terms:

Payment is due within [Number] days of the invoice date. Late payments are subject to a penalty of [Percentage]% per month, as allowed under Hawaii law.

Option D: Price Changes:

The service price may be adjusted annually based on the cost of living adjustment in line with the Hawaii Consumer Price Index (CPI).

6. Parts and Materials

Option A: Responsibility:

[Service Provider/Client] is responsible for supplying parts, materials, and consumables.

Option B: Brands and Quality:

Parts and materials shall be of [Specified Brand/Quality], in line with Hawaii procurement standards if servicing government or association buildings.

7. Recordkeeping

Option A: Recordkeeping Obligation:

The Service Provider shall maintain records of services performed in accordance with HRS § 481B for consumer rights compliance.

Option B: Audit Provisions:

The Client has the right to audit service records upon reasonable notice.

8. Environmental Compliance

Option A: Hazardous Materials:

The Service Provider shall handle and dispose of hazardous materials (e.g., used oils or refrigerants) in accordance with Hawaii Department of Health rules.

Option B: Recycling and Waste Disposal:

The Service Provider shall comply with local ordinances regarding recycling and trash disposal.

Option C: Water Conservation:

The Service Provider shall adhere to water conservation requirements as per county restrictions.

9. Warranty

Option A: Service Warranty:

The Service Provider warrants that services will be performed in a professional and workmanlike manner.

Option B: Remedying Defects:

The Service Provider shall remedy any defects in service within [Number] days of notification.

Option C: Exclusions:

This warranty does not cover damages resulting from improper use or events beyond the Service Provider's control, such as volcanic smog or salt corrosion unique to the islands.

10. Insurance

Option A: Required Coverage:

The Service Provider shall maintain the following insurance policies: liability, workers' compensation (per HRS Ch. 386), property damage, and vehicle insurance (if applicable).

Option B: Coverage Minimums:

Minimum coverage amounts shall be: [Specify coverage amounts].

Option C: Certificate of Insurance:

The Service Provider shall provide the Client with a certificate of insurance prior to commencing work.

11. Payment Withholding and Dispute Resolution

Option A: Withholding Payment:

The Client has the right to withhold payment for incomplete or defective work.

Option B: Dispute Resolution:

Any disputes shall be resolved through good-faith negotiation, mediation (e.g., Dispute Prevention & Resolution, Inc. in Honolulu), or arbitration.

Option C: Governing Law and Venue:

This Contract shall be governed by the laws of the State of Hawaii, with venue in the appropriate county court.

12. Permits and Licenses

Option A: Required Permits:

The Service Provider possesses all required governmental permits and licenses for the services provided, including: [List of permits and licenses, e.g., pest control licensing, EPA certifications for refrigerants].

Option B: License Numbers:

[List of license numbers].

13. Labor Compliance

Option A: Compliance Statement:

The Service Provider shall comply with all Hawaii state and local labor, licensing, workplace safety, and payroll requirements.

Option B: Prevailing Wage:

Service Provider shall adhere to mandatory prevailing wage requirements for certain public projects under HRS Chapter 104, if applicable.

14. Confidentiality

Option A: Confidential Information:

The Service Provider shall maintain the confidentiality of client property and data.

Option B: Access Codes:

Restrictions on use or sharing of building access codes and security information shall comply with Hawaii privacy standards.

15. Subcontracting

Option A: Subcontracting Rules:

Subcontracting is permitted only with the Client's written consent.

Option B: Subcontractor Liability:

The Service Provider is liable for the acts or omissions of its subcontractors. Subcontractors must have Hawaii business licenses.

16. Termination

Option A: Termination for Cause:

Either party may terminate this Contract for cause with [Number] days' written notice.

Option B: Termination for Convenience:

The Client may terminate this Contract for convenience with [Number] days' written notice.

Option C: Termination Obligations:

Upon termination, the Service Provider shall complete in-progress service, return client property or keys, and be paid for completed work.

Option D: Early Termination Penalties

[Description of early termination penalties, if any].

17. Remedies for Breach

Option A: Default Notice:

The non-breaching party shall provide the breaching party with a written notice of default and a cure period of [Number] days.

Option B: Liquidated Damages:

Agreed liquidated damages: [Description of liquidated damages], ensuring enforceability under Hawaii law.

Option C: Limitation of Liability:

The Service Provider's liability shall be limited to [Dollar Amount], excluding willful misconduct or gross negligence as prohibited by Hawaii public policy.

18. Force Majeure

Option A: Force Majeure Events:

Neither party shall be liable for delays or failures to perform due to force majeure events, including: hurricanes, tsunamis, volcanic activity, infrastructure disruptions, or state/county-mandated emergency orders.

19. Notices

Option A: Notice Methods:

All notices shall be in writing and sent by [Acceptable methods, e.g., postal address, email with confirmation], with reference to service of process rules.

20. Miscellaneous

Option A: Severability:

If any provision of this Contract is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Option B: Assignment:

This Contract may not be assigned without the written consent of both parties.

Option C: Amendments:

This Contract may be amended only in writing and signed by both parties.

Option D: Waiver:

No waiver of any provision of this Contract shall be effective unless in writing and signed by the waiving party.

21. Attachments

Option A: List of Attachments:

The following attachments are incorporated into this Contract: [List of attachments, e.g., service standards, safety protocols, user manuals, maps].

22. Consumer Protection

Option A: Compliance Statement:

This Contract meets all Hawaii consumer protection law requirements for service agreements, including clear explanation of client rights and mandatory disclosures under HRS Chapters 481A and 480.

23. Survival

Option A: Surviving Provisions:

The following provisions shall survive termination of this Contract: confidentiality, liability, unpaid invoices, and warranty.

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

____________________________

[Service Provider Legal Name]

By: [Service Provider Authorized Signature]

Name: [Service Provider Printed Name]

Title: [Service Provider Title]

____________________________

[Client Legal Name]

By: [Client Authorized Signature]

Name: [Client Printed Name]

Title: [Client Title]