Idaho maintenance service contract template

Idaho Maintenance Service Contract

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

[Maintenance Service Provider's Legal Name], a [State of Formation] [Business Entity Type], with its principal place of business at [Service Provider's Address], hereinafter referred to as "Provider,"

and

[Client's Legal Name], residing or located at [Client's Address], hereinafter referred to as "Client."

Provider’s Contact Information: [Provider Contact Person], [Provider Phone Number], [Provider Email Address]

Client’s Contact Information: [Client Contact Person], [Client Phone Number], [Client Email Address]

1. Covered Assets/Property/Equipment

Option A: Specific Equipment List

• The following assets are covered under this agreement:
• [Equipment 1 Name], Serial Number: [Serial Number 1], Location: [Location 1]
• [Equipment 2 Name], Serial Number: [Serial Number 2], Location: [Location 2]
• [Add additional equipment details as needed]

Option B: General Property Description

• The property located at [Property Address], including but not limited to [brief description of included systems, e.g., HVAC, plumbing, electrical]

2. Scope of Maintenance Work

Option A: Comprehensive Maintenance

• This Agreement covers the following services:
• Regular preventative maintenance (as detailed in Schedule A)
• Emergency repairs
• Inspections
• Cleaning
• Calibration
• Parts replacement
• Servicing of specified systems

Option B: Limited Maintenance

• This Agreement covers only the following services:
• [List specific services covered]
• Excluded Services: [List specific services excluded]

3. Service Schedule and Response Times

Option A: Standard Schedule

• Regular preventative maintenance will be performed [Frequency, e.g., monthly, quarterly] during normal business hours ([Days of the Week], [Start Time] to [End Time]).
• Response time for routine service requests: [Number] business days.
• Response time for urgent service requests: [Number] hours.

Option B: Custom Schedule

• Detailed service schedule is outlined in Schedule B.
• Availability outside business hours: [Specify availability, e.g., on-call, emergency service only]

4. Included and Excluded Services/Parts

Option A: Comprehensive Coverage

• Included: All labor, parts, and consumables necessary for the services described in Section 2, except as specifically excluded below.
• Cost Breakdown: [If applicable, provide cost breakdown e.g. labor-only, parts-only, or full service]
• Excluded:
• [List excluded tasks, parts, consumables, and third-party services]
• Upgrades or non-routine work require separate written agreement and pricing.

Option B: Limited Coverage

• Included: [List specific included items and services]
• Excluded: [List specific excluded items and services]

5. Client Obligations

• The Client shall provide:
• Safe and unobstructed access to the premises.
• Compliance with all safety instructions provided by the Provider.
• A suitable workspace for the Provider's personnel.
• Necessary utilities and materials, as specified in Schedule C.
• Security clearance for Provider's personnel, if required.
• Compliance with all applicable building and safety codes.

6. Provider Qualifications and Compliance

• The Provider represents and warrants that:
• All personnel performing services under this Agreement are qualified and, where required, Idaho-licensed tradespersons.
• Provider possesses all necessary state licensing and professional certifications required to perform the services under Idaho law.
• Provider complies with all applicable Idaho state and local regulations for maintenance activities, including labor, workplace safety, and waste disposal.
• Evidence of state licensing and certifications will be provided to the Client upon request.

7. Insurance

• The Provider shall maintain, at its own expense, the following insurance coverage:
• Liability insurance with a minimum coverage of [Dollar Amount] per occurrence.
• Worker's compensation insurance as required by Idaho Statute 72-301.
• Property damage insurance.
• Proof of insurance coverage will be provided to the Client upon request.

8. Environmental, Health, and Safety Compliance

The Provider shall comply with all relevant Idaho environmental, health, and safety standards, including proper documentation of hazardous materials handling, if applicable.

9. Pricing and Payment Terms

Option A: Fixed Price

The total price for the services under this Agreement is [Dollar Amount] per [Frequency, e.g., month, quarter].

Option B: Time and Materials

• The hourly rate for labor is [Dollar Amount].
• Material markup: [Percentage] over Provider's cost.
• Trip charge: [Dollar Amount], if applicable.
• Overtime/premium rates: [Specify rates, compliant with Idaho state labor law]

Invoice format: [Specify invoice requirements, e.g., itemized statements]

Payment timeline: Due within [Number] days of invoice date.

Method of payment: [Specify acceptable methods of payment]

Late payment interest: Interest of [Percentage] per month (not exceeding Idaho's 12% usury cap) may be charged on overdue balances.

10. Cost Changes

Option A: Fixed Price for Term

The price is fixed for the initial term of this Agreement.

Option B: Annual Adjustment

Annual price adjustments may be made based on the [Specify Index, e.g., regional CPI], with written notification to the Client at least [Number] days prior to the adjustment.

Option C: Client Approval Required

Any cost changes require written client approval.

11. Warranty

The Provider warrants that all work performed under this Agreement will be free from defects in workmanship for a period of [Number] [Time Period, e.g., months, years] from the date of completion.

• Coverage: This warranty covers [Specify what is covered, e.g., labor and parts].
• Response time for warranty claims: [Number] hours/days.
• Exclusions: This warranty does not cover [Specify exclusions, reflecting Idaho’s implied warranty statutes/limitations].

12. Service Reporting

The Provider shall provide the Client with service reports, maintenance logs, and sign-off sheets for all services performed. Reporting formats will be compliant with Idaho recordkeeping law.

13. Access to Client Facilities

• The Provider's personnel shall have access to the Client's facilities as reasonably required to perform the services under this Agreement.
• Advance notice: The Provider shall provide the Client with [Number] hours' notice prior to accessing the facilities, except in the case of emergencies.
• ID requirements: Provider personnel will provide identification upon request.
• Health/safety compliance: Provider personnel will comply with Client's health and safety regulations.

14. Confidentiality

The Provider shall maintain the confidentiality of any Client data, security system details, or proprietary processes accessed during the performance of the services. This obligation is subject to applicable Idaho confidentiality and privacy law.

15. Intellectual Property

The Provider retains ownership of any tools, technical manuals, or custom procedures created or modified as part of the services.

16. Customer Notification

The Provider shall promptly notify the Client of any new hazards, anticipated outages, or discovered non-compliance issues.

17. Remedies for Deficient or Delayed Service

• In the event of deficient or delayed service, the Client's remedies shall include:
• A reasonable cure period for the Provider to correct the deficiency.
• Right to withhold payment for deficient services.
• Credit or repeat service.
• Termination of the Agreement for persistent breach, subject to Idaho law.

18. Indemnification

The Provider shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, and expenses (including attorney's fees) arising out of or relating to the Provider's negligence or willful misconduct in the performance of the services under this Agreement, subject to Idaho law.

19. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to a force majeure event, including but not limited to wildfires, floods, or other acts of God in Idaho. The affected party shall provide prompt notification to the other party and shall use reasonable efforts to resume performance as soon as reasonably practicable. If the force majeure event continues for more than [Number] days, either party may terminate this Agreement.

20. Term and Termination

Option A: Fixed Term

The term of this Agreement shall commence on [Start Date] and shall continue for a period of [Number] [Time Period, e.g., months, years], expiring on [End Date].

Option B: Automatic Renewal

This Agreement shall automatically renew for successive [Number] [Time Period, e.g., month, year] periods unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term. Client may opt out of automatic renewal pursuant to Idaho's automatic renewal statute (if applicable).

• Termination rights:
• Either party may terminate this Agreement for cause upon [Number] days' written notice.
• The Client may terminate this Agreement without cause upon [Number] days' written notice, subject to payment for services rendered up to the date of termination.
• Treatment of prepaid/unearned amounts will be addressed on a pro-rata basis, subject to reasonable administrative fees.

21. Contractor's Registration

If required by Idaho Code Title 54, Chapter 52, the Provider represents that it is duly registered as a contractor in the State of Idaho.

22. Dispute Resolution

• Any disputes arising out of or relating to this Agreement shall be resolved as follows:
• First, the parties shall attempt to resolve the dispute through good faith negotiation.
• If negotiation fails, the parties shall submit the dispute to mediation in [City, Idaho].
• If mediation fails, the parties may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.
• The exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in the courts of [County Name] County, Idaho.

23. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho.

24. Consumer Protection

[Include any clauses required or customary under Idaho law for consumer protection, including right to cancel, disclosures for residential clients, and lien notice if applicable]

25. Amendment

This Agreement may be amended only by a written instrument signed by both parties, consistent with Idaho's requirements for modification of service agreements.

26. Record Retention and Audit

The Provider shall maintain accurate records of all services performed and payments received under this Agreement. The Provider shall retain such records for a period of at least [Number] years, consistent with Idaho minimum retention periods for service and financial records. The Client shall have the right to audit such records upon reasonable notice.

27. Return of Client Property

Upon termination of this Agreement, the Provider shall promptly return to the Client all Client keys, access cards, passwords, or sensitive information.

28. Non-Solicitation and Non-Hire

During the term of this Agreement and for a period of [Number] [Time Period, e.g., months, years] thereafter, the Client shall not solicit or hire any employee of the Provider who has performed services under this Agreement, subject to Idaho legal enforceability.

29. Subcontractors

[If applicable, include requirements for the use of Idaho-based subcontractors and their compliance documentation]

30. Entire Agreement

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.

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

[Maintenance Service Provider's Legal Name]

By: [Authorized Representative's Name]

Title: [Authorized Representative's Title]

[Client's Legal Name]

By: [Authorized Representative's Name]

Title: [Authorized Representative's Title]

Schedules and Exhibits

• Schedule A: Preventative Maintenance Schedule
• Schedule B: Custom Service Schedule (if applicable)
• Schedule C: Client-Provided Utilities and Materials
• Exhibit 1: Equipment Inventory (if applicable)
• Exhibit 2: Provider License and Insurance Certificates
• Exhibit 3: Agreed KPIs/SLAs (if applicable)