Kansas maintenance service contract template

Kansas Maintenance Service Contract

This Kansas Maintenance Service Contract ("Agreement") is made and entered into as of [Date], by and between [Service Provider Name], a [State] [Entity Type, e.g., Corporation] with a principal place of business at [Service Provider Address] ("Service Provider"), and [Client Name], a [State] [Entity Type, e.g., Limited Liability Company] with a principal place of business at [Client Address] ("Client").

1. Scope of Services

Option A: General Maintenance

• Service Provider shall provide general maintenance services for the [Facility Type, e.g., Building] located at [Address].
• Services include: [List Specific Services, e.g., plumbing, electrical, HVAC].

Option B: Equipment Maintenance

• Service Provider shall provide maintenance services for the following equipment: [List Equipment, e.g., HVAC Units, Generators].
• Specific maintenance tasks include: [List Specific Tasks, e.g., filter replacement, lubrication].

Option C: Grounds Maintenance

• Service Provider shall provide grounds maintenance services for the property located at [Address].
• Services include: [List Specific Services, e.g., lawn mowing, landscaping].

2. Service Schedule

Option A: Regular Schedule

• Services will be performed on a [Frequency, e.g., weekly, monthly] basis.
• Scheduled service dates will be: [List Dates/Days].

Option B: On-Demand

• Services will be provided on an as-needed basis, upon request from Client.
• Response time for service requests will be [Number] hours.

Option C: 24/7 Availability

• Services will be available 24 hours a day, 7 days a week for emergency situations.
• Emergency response time will be [Number] minutes.

3. Service Fees and Payment

Option A: Fixed Fee

• The fixed monthly fee for services is [Dollar Amount].
• This fee includes [List Inclusions, e.g., all labor and materials].

Option B: Hourly Rate

• The hourly rate for services is [Dollar Amount].
• Minimum call-out fee is [Dollar Amount].

Option C: Per-Call Basis

• Fees will be charged per service call, according to the attached price list (Exhibit A).
• Kansas Sales Tax will be added to each invoice.

4. Client Responsibilities

Option A: Access

• Client shall provide Service Provider with access to the property during reasonable hours.
• Client shall provide keys or access codes as needed.

Option B: Reporting

• Client shall promptly report any maintenance issues to Service Provider.
• Client shall approve work orders before work commences.

Option C: Utilities

• Client shall provide necessary utilities, such as electricity and water, for Service Provider to perform services.

5. Service Provider Responsibilities

Option A: Qualified Personnel

• Service Provider shall ensure that all personnel are qualified and trained to perform the services.
• All personnel will undergo background checks as required by Kansas law.

Option B: Insurance

• Service Provider shall maintain worker’s compensation, liability, and property damage insurance as required by Kansas law, in the amounts of:
• [Worker's Compensation Amount]
• [Liability Insurance Amount]
• [Property Damage Insurance Amount]

Option C: Compliance

• Service Provider shall comply with all applicable Kansas laws and regulations.
• Service Provider shall comply with OSHA and KDOL workplace safety requirements.

6. Term and Termination

Option A: Initial Term

• The initial term of this Agreement shall be [Number] months, commencing on [Start Date].
• The agreement will automatically renew for successive [Number] month terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.

Option B: Termination for Convenience

• Either party may terminate this Agreement for convenience with [Number] days written notice.
• Early termination fees may apply.

Option C: Termination for Cause

• Either party may terminate this Agreement for cause if the other party breaches the Agreement.
• The non-breaching party must provide written notice of the breach and allow [Number] days for the breaching party to cure the breach.

7. Warranties and Guarantees

Option A: Service Warranty

• Service Provider warrants that all services will be performed in a workmanlike manner.
• The warranty period for services is [Number] days.

Option B: Parts Warranty

• Service Provider warrants that all replacement parts will be free from defects for a period of [Number] days.
• This warranty does not cover damage caused by misuse or abuse.

Option C: Exclusion of Warranties

• EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

Option A: Limitation Amount

• SERVICE PROVIDER’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY CLIENT TO SERVICE PROVIDER IN THE [Number] MONTHS PRECEDING THE CLAIM.

Option B: Exclusion of Damages

• IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT.

Option C: Kansas Law

• The limitations in this section are intended to comply with Kansas law regarding contractual damages and limitation of liability.

9. Dispute Resolution

Option A: Negotiation

• The parties shall attempt to resolve any disputes through good faith negotiation.

Option B: Mediation

• If negotiation fails, the parties shall attempt to resolve the dispute through mediation in [City, Kansas].
• The mediator shall be selected by mutual agreement of the parties.

Option C: Arbitration

• Any dispute arising out of or relating to this Agreement shall be settled by binding arbitration in [City, Kansas] in accordance with the rules of the American Arbitration Association.
• The decision of the arbitrator shall be final and binding.

Option D: Governing Law

• This agreement will be interpreted under the laws of the State of Kansas.

10. Confidentiality

Option A: Non-Disclosure

• Both parties agree to hold confidential all proprietary and sensitive information of the other party.
• This includes, but is not limited to, client systems and facility data.

Option B: Kansas Uniform Trade Secrets Act

• The provisions of this section are intended to comply with the Kansas Uniform Trade Secrets Act.

11. Insurance Requirements

Option A: General Liability

• Service Provider shall maintain commercial general liability insurance with a minimum limit of $[Amount] per occurrence and $[Amount] in the aggregate.
• Client shall be named as an additional insured on the Service Provider’s general liability policy.

Option B: Workers Compensation

• Service Provider shall maintain workers' compensation insurance as required by Kansas law.

12. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this agreement to the extent that such failure is caused by a Force Majeure Event. For the purposes of this agreement, "Force Majeure Event" means any event beyond a party's reasonable control, including, but not limited to, acts of God, war, terrorism, riot, fire, flood, earthquake, strike, lockout, epidemic, pandemic, or governmental regulation.

13. Notices

All notices under this Agreement must be in writing and sent to the addresses listed above.

Notices may be sent by mail, email, or in-person delivery.

Notice is deemed effective upon receipt.

14. Integration

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter of this Agreement.

15. Severability

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

16. Waiver

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

17. Amendment

This Agreement may be amended only by a written instrument signed by both parties.

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

Service Provider:

By: [Service Provider Authorized Representative Name]

Title: [Service Provider Title]

Date: [Date]

Client:

By: [Client Authorized Representative Name]

Title: [Client Title]

Date: [Date]

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Acknowledgement

State of Kansas, County of [County Name]

On this [Day] day of [Month], [Year], before me, the undersigned, a Notary Public in and for said County and State, personally appeared [Service Provider Authorized Representative Name], known to me to be the identical person who executed the within and foregoing instrument and acknowledged to me that he/she executed the same as his/her free act and deed.

WITNESS my hand and official seal the day and year last above written.

[Notary Public Signature]

[Notary Public Printed Name]

My commission expires: [Date]

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Acknowledgement

State of Kansas, County of [County Name]

On this [Day] day of [Month], [Year], before me, the undersigned, a Notary Public in and for said County and State, personally appeared [Client Authorized Representative Name], known to me to be the identical person who executed the within and foregoing instrument and acknowledged to me that he/she executed the same as his/her free act and deed.

WITNESS my hand and official seal the day and year last above written.

[Notary Public Signature]

[Notary Public Printed Name]

My commission expires: [Date]