Indiana maintenance service contract template

Indiana Maintenance Service Agreement

Effective Date: [Date]

This Maintenance Service Agreement (the "Agreement") is made and entered into as of the Effective Date by and between:

[Service Provider Legal Name], a [State of Incorporation/Formation] [Entity Type, e.g., Corporation, LLC] with its principal place of business at [Service Provider Address], Indiana, and Indiana business registration/license number [Business Registration/License Number] ("Service Provider"),

and

[Client Legal Name], a [State of Incorporation/Formation] [Entity Type, e.g., Corporation, LLC] with its principal place of business at [Client Address], Indiana ("Client").

1. Scope of Maintenance Services

Option A: General Maintenance

The Service Provider shall provide general maintenance services for the following equipment/property located at [Service Location Address], Indiana: [List of Equipment/Property].

The nature of maintenance includes:

Preventive maintenance: [Description of Preventive Maintenance Activities and Schedule]

Corrective maintenance: [Description of Corrective Maintenance Activities]

Emergency maintenance: Available [Days of Week] from [Start Time] to [End Time] with a response time of [Response Time].

Service Level Standards: [Description of Service Level Standards, e.g., Uptime Percentage].

Option B: Specific Equipment Maintenance

The Service Provider shall provide maintenance services specifically for the following equipment located at [Service Location Address], Indiana: [List of Specific Equipment].

Maintenance includes [List of maintenance activities for each equipment]

Scheduled service intervals are [Describe the intervals. e.g., Weekly, Monthly, Quarterly]

Service Level Standards: [Description of Service Level Standards for the Specific Equipment, e.g., performance metric, operational range].

2. Deliverables

Inspection Reports: The Service Provider shall provide inspection reports [Frequency of Reports, e.g., weekly, monthly] in the following format: [Report Format, e.g., PDF, Excel] containing [Required Details, e.g., equipment condition, maintenance performed, recommendations].

Maintenance Logs: The Service Provider shall maintain maintenance logs containing [Required Details, e.g., date, time, maintenance performed, parts replaced]. These logs shall be available for review by the Client upon [Notice Period] notice.

Replaced Parts Documentation: The Service Provider shall provide documentation for all replaced parts, including [Details of Documentation, e.g., part number, manufacturer, warranty information].

Warranties: The Service Provider warrants its labor for a period of [Warranty Period] from the date of service and materials for a period of [Warranty Period] subject to the manufacturer's warranty.

3. Exclusions

The following services, parts, or damages are not covered under this Agreement:

[List of Excluded Services, Parts, or Damages, e.g., Damage due to misuse, Acts of God, Non-standard parts]

Services outside of [Normal Business Hours] will be charged an additional fee.

Cosmetic damage unless caused by Service Provider.

4. Client Cooperation

The Client shall provide the Service Provider with:

Access to the equipment/property at all reasonable times.

Necessary utilities (e.g., electricity, water).

Safety information and training related to the equipment/property.

Timely notification of defects or malfunctions.

5. Service Location(s)

The service location(s) are: [Detailed Description of Service Locations within Indiana].

Off-site work or transport of equipment requires prior written approval from the Client.

6. Worksite Compliance

The Service Provider shall comply with all applicable OSHA, Indiana Department of Labor, and other relevant state/local workplace safety, environmental, and hazardous material handling rules.

7. Service Fees and Payment

Option A: Hourly Rate

Service Fees: The hourly rate for maintenance services is $[Hourly Rate] per hour.

Minimum Service Call Charge: The minimum service call charge is $[Minimum Charge].

After-Hours/Emergency Premium: After-hours/emergency services will be charged at [Premium Percentage]% of the standard hourly rate.

Travel/Mileage Fees: Travel/mileage fees will be charged at $[Mileage Rate] per mile, consistent with Indiana standards.

Option B: Fixed Fee

Service Fees: The fixed fee for maintenance services is $[Fixed Amount] per [Frequency, e.g., month, quarter, year].

This fixed fee covers [List of Included Services].

Additional services will be billed at $[Hourly Rate] per hour.

Invoicing and Payment

The Service Provider will invoice the Client [Invoicing Frequency, e.g., monthly, upon completion of service].

Payment terms are Net 30 days.

Accepted payment channels are [List of Accepted Payment Methods, e.g., check, ACH, credit card].

The Client is responsible for all applicable Indiana sales/use tax.

8. Late Payment

Late payments shall accrue interest at a rate of [Interest Rate]% per month, not exceeding the maximum rate allowed by Indiana law.

9. Intellectual Property

[Description of Ownership Rights for Diagnostic Results, Repair Logs, or Proprietary Solutions]. If no description is included, Service Provider retains rights to any diagnostic results.

10. Confidentiality

The Service Provider shall maintain the confidentiality of the Client's sensitive operational, technical, or proprietary data for a period of [Duration] in accordance with Indiana trade secret law.

11. Insurance and Bonding

The Service Provider shall maintain the following insurance coverage in compliance with Indiana law:

General Liability: $[Coverage Amount]

Workers' Compensation: As required by Indiana law.

The Client has the right to request certificates of insurance.

12. Quality Assurance

The Service Provider shall comply with all applicable Indiana building, fire, and maintenance codes.

The Service Provider shall repair or re-perform any defective work within [Correction Period] of notification by the Client.

13. Complaint Resolution

The Service Provider shall establish procedures and timelines for reporting, investigating, and remedying service complaints in line with Indiana consumer protections.

14. Change Orders

Any changes to the scope of services must be documented in a written change order, approved by both parties, and include pricing adjustments.

15. Subcontracting

The Service Provider may subcontract services, but all subcontractors must meet Indiana licensing, insurance, and employee classification standards.

16. Records Retention

The Service Provider shall retain maintenance records for a period of [Retention Period] and allow the Client to audit or inspect these records upon [Notice Period] notice.

17. Indemnification and Limitation of Liability

[Detailed Indemnification and Limitation of Liability Clauses Reflecting Indiana Contract Law]. Ensure this language complies with Indiana enforceability of exclusions and caps on damages.

18. Assignment

This Agreement may not be assigned or transferred without the written consent of both parties.

19. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events, including but not limited to acts of God, severe weather, and public health emergencies, in accordance with Indiana law.

20. Term and Renewal

Option A: Term Only

The initial term of this Agreement shall be [Initial Term Length], commencing on the Effective Date.

There will be no automatic renewal.

Option B: Term and Renewal

The initial term of this Agreement shall be [Initial Term Length], commencing on the Effective Date.

This Agreement shall automatically renew for successive [Renewal Term Length] periods unless either party provides written notice of termination at least [Notice Period] prior to the end of the then-current term, in compliance with Indiana notice requirements.

21. Termination

This Agreement may be terminated:

For cause (e.g., nonperformance, material breach) with [Notice Period] written notice and a [Cure Period] to cure the breach.

For convenience with [Notice Period] written notice.

Upon termination, the Service Provider shall provide final billing and transition all records/tools to the Client.

22. Dispute Resolution

Any disputes arising under this Agreement shall be resolved through:

Good faith negotiation.

If negotiation fails, optional mediation.

If mediation fails, arbitration or litigation in [County] County, Indiana, governed by Indiana law.

23. Compliance with Laws

Both parties shall comply with all applicable federal, Indiana state, and local laws, regulations, and codes.

24. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

Any modification to this Agreement must be in writing and signed by both parties.

25. Notices

All legal notices shall be in writing and delivered by [Acceptable Delivery Methods, e.g., certified mail, email] to the addresses listed above.

Service of process shall be at the addresses listed above.

26. Plain Language

If the Client is an individual, this Agreement is intended to comply with Indiana Plain Language laws for consumer contracts.

27. Home Improvement Contract Act Compliance (If Applicable)

If this Agreement involves residential properties, it complies with the Indiana Home Improvement Contracts Act, including required disclosures and cancellation rights.

28. Representations and Warranties

Both parties represent and warrant that they have the authority to enter into this Agreement, are in compliance with all applicable laws, and possess all necessary licenses.

29. Signatures

Service Provider:

____________________________

[Printed Name]

[Title]

Date: ____________________

Client:

____________________________

[Printed Name]

[Title]

Date: ____________________