Maine maintenance service contract template

Maine Maintenance Service Contract

Effective Date: [Date]

1. Parties

• Service Provider:
  • Legal Name: [Legal Name of Service Provider]
  • Address: [Address of Service Provider]
  • Phone: [Phone Number of Service Provider]
  • Email: [Email of Service Provider]
  • Maine Licensing/Registration Number (if applicable): [License Number]
• Client:
  • Legal Name: [Legal Name of Client]
  • Address: [Address of Client]
  • Phone: [Phone Number of Client]
  • Email: [Email of Client]

2. Service Location(s)

• Primary Service Location: [Address of Primary Service Location]
• Additional Service Locations (if any): [Address of Additional Service Location(s)]

3. Description of Services

• Option A: Comprehensive Maintenance
  • Routine Inspections: [Frequency, e.g., Monthly, Quarterly]
  • Preventive Maintenance: [Description of preventive maintenance tasks]
  • Corrective Repairs: [Description of repair services]
  • Parts Replacement: [Details on parts replacement policy]
  • Emergency Response: [Response time and procedures]
  • Seasonal Maintenance: [Description of seasonal tasks, e.g., winterization]
  • Applicable Equipment/Property: [List of equipment/property with make, model, serial numbers, and installation details]
• Option B: Limited Maintenance
  • Specific Equipment Only: [List specific equipment covered]
  • Pre-defined Services: [List of pre-defined services]
  • Exclusions: [List of excluded services]

4. Standards of Service

• Compliance with:
  • National Electrical Code (NEC)
  • Maine Building Codes
  • Manufacturer Specifications: [Specify manufacturer and models]
  • Other Industry Standards: [Specify other relevant standards]

5. Service Schedule and Frequency

• Routine Service: [Days and hours of operation]
  • Response Time: [Maximum response time for routine service requests]
• Emergency Service: [24/7 availability? Specify exceptions]
  • Response Time: [Maximum response time for emergency service requests]
  • Off-Hours/Holiday Procedures: [Description of after-hours service procedures]

6. Technician Qualifications

• Required Certifications: [List required certifications]
• Background Checks: [Description of background check policy, if applicable]
• Training: [Description of employee training programs]

7. Communication and Reporting

• Service Logs: [Description of service logs]
• Maintenance Records: [Description of maintenance records]
• Customer Portal (if any): [Description of portal access and features]
• Notification Timeframes: [Timeframe for service completion notifications, delays, and repair recommendations]

8. Client Responsibilities

• Site Access: [Provisions for site access]
• Prior Notice: [Requirement for prior notice before service visits]
• Safety Requirements: [Safety requirements for hazardous materials or equipment]
• Equipment Changes: [Obligation to inform the service provider of equipment changes]
• Compliance: [Client's responsibility to cooperate with compliance efforts]

9. Included and Excluded Services

• Included Services: [Detailed list of included services]
• Excluded Services: [Detailed list of excluded services]
• Additional Charges: [Description of potential additional charges for services outside the contract scope]

10. Payment Terms

• Overall Price/Fee Structure: [Fixed price, hourly rate, per-call fee]
• Payment Schedule: [Advance payment, milestone payments, periodic payments]
• Invoicing Procedures: [Description of invoicing procedures, including Maine sales tax requirements]
• Late Payment Interest: [Interest rate on late payments (not to exceed Maine statutory maximums)]
• Billing Disputes: [Procedure for handling billing disputes, including timeframe for resolution]
• Suspension of Service: [Conditions under which service may be suspended for non-payment]

11. Parts and Materials

• Warranty Terms: [Manufacturer and provider warranties]
• Sourcing Policies: [Description of parts sourcing policies]
• Markups: [Description of markups on parts and materials]
• New/OEM/Aftermarket Parts: [Policy regarding the use of new, OEM, or aftermarket parts]

12. Insurance Requirements

• General Liability Insurance: [Required coverage amount]
• Worker's Compensation Insurance: [Compliance with Maine statutes]
• Professional Indemnity Insurance: [Required coverage amount, if applicable]
• Proof of Coverage: [Requirement for providing proof of insurance coverage]

13. Liability and Indemnification

• Allocation of Liability: [Description of liability allocation for property damage, injury, etc.]
• Indemnification: [Indemnification clauses for each party]
• Limitations of Liability: [Limitations of liability, if any]

14. Force Majeure

• Qualifying Events: [List of qualifying events, e.g., natural disasters, acts of God]
• Notification Procedures: [Procedure for notifying the other party of a force majeure event]

15. Recordkeeping and Inspection Rights

• Maintenance and Safety Records: [Requirement for maintaining maintenance and safety records]
• Retention Period: [Minimum retention period for records]
• Access for Inspection: [Access for regulatory inspection]

16. Confidentiality and Data Protection

• Confidential Information: [Definition of confidential information]
• Data Protection: [Compliance with Maine's privacy and information security requirements]

17. Health, Safety, and Environmental Compliance

• Asbestos Disclosure: [Asbestos disclosure, if applicable]
• Hazardous Waste: [Compliance with hazardous waste regulations]
• Lead Paint: [Lead paint disclosure, if applicable]

18. Term, Renewal, and Termination

• Initial Term: [Length of the initial contract term]
• Renewal: [Auto-renewal provisions, if any]
• Non-Renewal Notice: [Notice period for non-renewal]
• Early Termination: [Grounds for early termination]
• Effects of Termination: [Settlement of fees, handover of records, removal of equipment]
• Maine-Specific Notice Requirements: [Compliance with Maine's notice requirements]

19. Change Orders

• Request Procedures: [Procedure for requesting change orders]
• Approval Procedures: [Procedure for approving change orders]
• Timelines: [Timelines for responding to change order requests]
• Cost Adjustments: [Method for adjusting costs for change orders]

20. Warranties and Representations

• Service Standards: [Minimum service standards]
• Defect Correction: [Timelines for defect correction]
• Statutory Guarantees: [Compliance with Maine's statutory guarantees]

21. Dispute Resolution

• Negotiation and Mediation: [Procedure for negotiation and mediation]
• Arbitration or Litigation: [Procedure for arbitration or litigation]
• Governing Law: [This contract shall be governed by the laws of the State of Maine]
• Recovery of Attorney's Fees: [Conditions under which attorney's fees may be recovered]

22. Assignment, Sub-Contracting, and Delegation

• Assignment: [Restrictions on assignment]
• Sub-Contracting: [Requirements for using sub-contractors]
• Liability for Subcontractors: [Liability for acts of subcontractors]

23. Compliance with Laws

• Licensing and Permits: [Compliance with Maine licensing and permit requirements]
• Environmental Laws: [Compliance with Maine environmental laws]
• Labor Laws: [Compliance with Maine labor laws, including minimum wage and child labor laws]
• Consumer Protections: [Compliance with Maine consumer protection laws]
• Prevailing Wage: [Compliance with prevailing wage laws, if applicable]

24. Notice Procedures

• Method of Delivery: [Mail, email, in-person]
• Effective Date: [Rules for determining the effective date of notices]

25. Entire Agreement, Amendment, and Severability

• Entire Agreement: [This contract constitutes the entire agreement between the parties]
• Amendment: [Amendments must be in writing]
• Severability: [Effect if any clause is held invalid]

26. Signatures

• Service Provider:
  • ____________________________
    Signature
  • [Printed Name]
    Printed Name
  • [Title]
    Title
  • [Date]
    Date
• Client:
  • ____________________________
    Signature
  • [Printed Name]
    Printed Name
  • [Title]
    Title
  • [Date]
    Date

27. Unique Provisions (If Applicable)

• Government/Education/Healthcare Sector Clients: [Specify any unique provisions required for these clients, e.g., HIPAA compliance]

28. Consumer Contract Readability

This contract form, disclosures, and notices use clear language and satisfy Maine consumer contract readability requirements.

[Notary Acknowledgment (If Required)]