Massachusetts maintenance service contract template

Massachusetts Maintenance Service Contract

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

[Maintenance Service Provider Legal Name], a [State of Incorporation/Organization] [Entity Type, e.g., Corporation, LLC], with its principal place of business at [Maintenance Service Provider Massachusetts Address], Business Registration/License Number: [Business Registration Number] (hereinafter referred to as "Provider"), and

[Client Legal Name], a [State of Incorporation/Organization] [Entity Type, e.g., Corporation, LLC], with its principal place of business at [Client Massachusetts Address] (hereinafter referred to as "Client").

1. Description of Covered Property/Equipment

Option A: The Provider shall provide maintenance services for the following property/equipment located at [Location of Property/Equipment within Massachusetts]: [Description of Property/Equipment, including Make, Model, Serial Number(s)].

Option B: A detailed schedule of all property and equipment covered under this agreement is attached hereto as Exhibit A and incorporated herein by reference.

Option C: This agreement covers the following systems only: [List of systems, e.g., HVAC, Plumbing, Electrical] at the property address stated above.

2. Scope of Maintenance Services

Preventive Maintenance:

Option A: The Provider shall perform preventive maintenance services as described in Exhibit B, attached hereto and incorporated herein by reference.

Option B: Preventive maintenance shall include, but not be limited to, [List of Preventive Maintenance Tasks].

Schedule: Preventive maintenance shall be performed [Frequency, e.g., monthly, quarterly, annually] according to the following schedule: [Detailed Schedule].

Corrective Maintenance:

Option A: The Provider shall perform corrective maintenance services to repair or replace malfunctioning components of the Covered Property/Equipment.

Option B: Corrective maintenance services are limited to [Specific Limitations, if any].

Response Time: The Provider shall respond to requests for corrective maintenance within [Number] [Units of Time, e.g., hours, business days] of notification from the Client.

Emergency Maintenance:

Option A: Emergency maintenance services shall be provided for critical equipment failures that pose an immediate threat to safety, property, or business operations.

Option B: The Provider will provide 24/7 emergency maintenance services.

Response Time: The Provider shall respond to emergency maintenance requests within [Number] [Units of Time, e.g., hours].

3. Exclusions and Limitations

Option A: This Agreement does not cover damages resulting from:

Misuse or abuse of the Covered Property/Equipment.

Unauthorized modifications or repairs performed by parties other than the Provider.

Acts of God, including but not limited to fire, flood, and earthquake.

Vandalism or theft.

Option B: The Provider is not responsible for the cost of replacing Covered Property/Equipment that is beyond repair.

Option C: This agreement excludes coverage for [Specific Exclusions, e.g., cosmetic repairs, software updates].

4. Work Methods and Standards

Option A: All maintenance services shall be performed in accordance with industry standards and best practices.

Option B: The Provider shall comply with all applicable Massachusetts workplace safety rules and regulations, including those promulgated by OSHA and Massachusetts General Laws Chapter 149.

Option C: The Provider will ensure that all work complies with Massachusetts building codes and regulations.

5. Personnel Qualifications and Training

Option A: All Provider personnel performing maintenance services under this Agreement shall be qualified and trained to perform the assigned tasks.

Option B: Provider personnel working at facilities regulated by Massachusetts law (e.g., schools, public buildings) shall undergo required background checks and training.

Option C: Provider shall ensure all personnel hold the required licenses to perform the work according to Massachusetts regulations.

6. Work Request and Access

Option A: The Client shall submit work requests to the Provider via [Method of Submission, e.g., phone, email, online portal].

Option B: The Provider shall notify the Client of dispatch and estimated time of arrival.

Option C: The Client shall provide the Provider with access to the Covered Property/Equipment during reasonable hours.

7. Client Obligations

Option A: The Client shall provide a safe working environment for the Provider's personnel.

Option B: The Client shall provide adequate notice to the Provider of any temporary facility shutdowns or other conditions that may affect the Provider's ability to perform maintenance services.

Option C: The Client will adhere to all Massachusetts regulations regarding access, safety, and operational concerns at the property location.

8. Pricing and Payment

Option A: The total cost of this Agreement is [Dollar Amount], payable as follows: [Payment Schedule].

Option B: The Provider shall invoice the Client [Frequency, e.g., monthly, quarterly] for services rendered.

Option C: Payments are due within [Number] days of the invoice date.

Option D: Late payments shall be subject to a late fee of [Percentage]% per month, subject to Massachusetts usury and commercial law.

Option E: All prices are exclusive of Massachusetts sales or use taxes, which shall be added to the invoice as applicable per Mass. Dept. of Revenue rules.

9. Price Adjustments

Option A: The Provider may adjust the price of this Agreement due to regulatory changes, increased cost of materials, or significant changes in the scope of work.

Option B: Any price adjustments shall be subject to the Client's approval, such approval not to be unreasonably withheld.

Option C: Price adjustments will take into account the Massachusetts economic conditions.

10. Parts and Supplies

Option A: The Provider shall be responsible for providing all necessary parts and supplies for maintenance services.

Option B: The Provider warrants that all replacement parts shall be of good quality and free from defects in materials and workmanship. Warranty on replacement parts is subject to the original manufacturer versus aftermarket parts.

Option C: All parts and supplies will adhere to Massachusetts implied warranty statutes.

11. Intellectual Property

Option A: The Provider retains all intellectual property rights in any proprietary diagnostic tools, service data, or customized technology provided during the performance of this Agreement.

Option B: The Client shall not have the right to use such intellectual property for any purpose other than in connection with the maintenance services provided under this Agreement.

Option C: All data use and client confidentiality will conform to Massachusetts law.

12. Data Privacy and Security

Option A: The Provider shall comply with all applicable Massachusetts privacy statutes, including M.G.L. Chapter 93H/201 CMR 17.00, in connection with the collection, use, and storage of any personal data of the Client.

Option B: The Provider shall implement reasonable cybersecurity and physical security measures to protect the confidentiality and integrity of the Client's data.

Option C: Provider shall protect client information from improper disclosure according to Massachusetts law.

13. Environmental Compliance

Option A: The Provider shall comply with all applicable Massachusetts environmental laws and regulations in connection with the use, handling, and disposal of hazardous materials.

Option B: The Provider shall ensure that all refrigerants, cleaning chemicals, and batteries are handled and disposed of in accordance with Massachusetts law and local disposal regulations.

Option C: Provider shall comply with all Massachusetts environmental regulations, including any requirements for handling hazardous waste.

14. Insurance

Option A: The Provider shall maintain the following insurance coverage:

General liability insurance with limits of not less than [Dollar Amount] per occurrence.

Workers' compensation insurance as required by Massachusetts law.

Auto liability insurance with limits of not less than [Dollar Amount] per occurrence.

Option B: The Provider shall provide the Client with certificates of insurance evidencing such coverage upon request.

15. Quality Assurance and Reporting

Option A: The Provider shall perform all maintenance services in a professional and workmanlike manner.

Option B: The Provider shall provide the Client with documentation and reporting for completed work, as requested.

Option C: The Client shall have the right to inspect the Provider's work and to reject any work that does not conform to the requirements of this Agreement.

Option D: Provider will adhere to industry standard in Massachusetts for quality assurance and service level commitments.

16. Complaint Resolution

Option A: The Client shall notify the Provider of any complaints or concerns regarding the maintenance services provided under this Agreement.

Option B: The Provider shall respond to complaints within [Number] [Units of Time, e.g., hours, business days].

Option C: Provider's handling of complaints will be in line with Massachusetts consumer protection standards.

17. Dispute Resolution

Option A: Any dispute arising out of or relating to this Agreement shall be resolved through good faith negotiation.

Option B: If the parties are unable to resolve the dispute through negotiation, they may submit the dispute to mediation.

Option C: Any unresolved dispute shall be resolved by arbitration or court proceedings in [Name of Massachusetts County], Massachusetts, and shall be governed by the laws of the Commonwealth of Massachusetts.

18. Notice

Option A: All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, or sent by email to the addresses set forth in the preamble to this Agreement.

Option B: All notices regarding contract modifications or assignments shall be in accordance with Massachusetts contract law on amendments.

19. Force Majeure

Option A: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, earthquake, or other natural disaster.

Option B: Force majeure includes Massachusetts-specific perils, such as severe weather or emergencies as declared by state authorities.

20. Term and Termination

Option A: This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Units of Time, e.g., months, years].

Option B: Either party may terminate this Agreement for cause upon [Number] days' written notice to the other party.

Option C: The Client may terminate this Agreement for convenience upon [Number] days' written notice to the Provider, with early termination settlement as mutually agreed.

Option D: Upon termination of this Agreement, the Provider shall remove all of its materials and equipment from the Client's premises.

21. Liability and Indemnification

Option A: The Provider's liability for breach of this Agreement shall be limited to the amount of fees paid by the Client to the Provider under this Agreement.

Option B: The Provider shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses arising out of or relating to the Provider's negligence or willful misconduct in connection with the performance of this Agreement, to the extent permitted under Massachusetts law.

Option C: This section clarifies the remedies and indemnification obligations according to Massachusetts law.

22. Compliance with Laws

Option A: The Provider shall comply with all applicable Massachusetts laws, rules, and regulations in connection with the performance of this Agreement.

Option B: This includes, but is not limited to, laws relating to elevator maintenance, HVAC, electrical work, and other regulated services.

Option C: Provider shall ensure all lawfully required permits or registration with state boards are maintained.

23. Anti-Discrimination

The Provider shall comply with all applicable Massachusetts anti-discrimination and equal opportunity laws and regulations.

24. Local Ordinances

The Provider shall comply with all applicable local ordinances and building codes.

25. Authorized Representatives

The authorized representative for the Client is [Client Representative Name], [Client Representative Title], [Client Representative Contact Information].

The authorized representative for the Provider is [Provider Representative Name], [Provider Representative Title], [Provider Representative Contact Information].

26. Severability and Entire Agreement

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 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. The interpretation of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts.

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

[Maintenance Service Provider Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Client Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]