Missouri maintenance service contract template

Missouri Maintenance Service Contract

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

[Maintenance Service Provider Company Name], a [State] [Entity Type, e.g., Corporation] with a principal place of business at [Service Provider Address], and a registered agent at [Service Provider Registered Agent Address] (hereinafter referred to as "Provider"), and

[Client Company Name], a [State] [Entity Type, e.g., LLC] with a principal place of business at [Client Address], and a registered agent at [Client Registered Agent Address] (hereinafter referred to as "Client").

1. Scope of Services

Option A: General Maintenance

Provider shall provide general maintenance services for the property located at [Service Location Address], including but not limited to: [List Specific Tasks, e.g., lawn care, snow removal, minor repairs].

Option B: Specialized Maintenance

Provider shall provide specialized maintenance services for the following assets: [List Assets, e.g., HVAC system, electrical equipment] at the property located at [Service Location Address]. The services include: [List Specific Tasks, e.g., HVAC system inspection, electrical equipment testing].

2. Service Schedule and Response Times

Option A: Scheduled Maintenance

Maintenance services shall be performed on a [Frequency, e.g., weekly, monthly] basis, according to the following schedule: [Specify Schedule, e.g., Every Tuesday at 9:00 AM].

Option B: On-Call Maintenance

Provider shall respond to service requests within [Number] hours of notification. Resolution time shall be within [Number] hours of arrival on site.

3. Parts and Materials

Option A: Provider Supplied

Provider shall supply all necessary parts and materials for the maintenance services. All parts shall be manufacturer-approved.

Option B: Client Supplied

Client shall supply all necessary parts and materials. Provider will notify Client of required parts in advance.

Option C: Split Responsibility

Provider shall supply consumable materials. Client shall supply specialized replacement parts.

4. Service Standards and Compliance

Option A: Industry Standards

Provider shall adhere to industry best practices, including [List Specific Standards, e.g., ASHRAE standards for HVAC maintenance]. All work will be performed by qualified technicians with relevant Missouri licenses (e.g., HVAC, plumbing, electrical).

Option B: Client-Specified Standards

Provider shall adhere to the specific standards provided by Client in [Reference Document].

5. Missouri Compliance

Option A: General Compliance

Provider shall comply with all applicable Missouri environmental, safety, and health requirements, including those related to hazardous material handling and site access protocols, and will adhere to the Missouri Division of Labor Standards.

Option B: Prevailing Wage

If this project is subject to Missouri's Prevailing Wage Law, Provider shall comply with all requirements related to record-keeping and reporting.

6. Insurance

Provider shall maintain the following minimum insurance coverage:

Commercial General Liability: [Dollar Amount] per occurrence

Worker's Compensation: As required by Missouri statutes.

Automobile Liability: [Dollar Amount] per accident

Certificates of insurance shall be provided to Client prior to commencement of services.

7. Work Authorization and Verification

Option A: Written Authorization

All work requires written authorization from [Client Representative Name].

Option B: Verbal Authorization

For emergency repairs, verbal authorization is acceptable, followed by written confirmation within [Number] days.

Provider shall provide documented service logs and status reports to the client, with client sign-off required upon service completion.

8. Access Policies

Option A: Standard Access

Provider personnel shall have access to the property during normal business hours.

Option B: Restricted Access

Access to certain areas of the property is restricted and requires advance notice. List of restricted areas: [List Restricted Areas]. Missouri background checks may be required for personnel accessing restricted areas.

9. Service Fees

Option A: Fixed Price

The fixed price for services is [Dollar Amount] per [Frequency, e.g., month].

Option B: Time and Materials

Labor rate: [Dollar Amount] per hour. Materials will be billed at cost plus a [Percentage]% markup.

Option C: Retainer

A monthly retainer of [Dollar Amount] is due. Labor will be billed at [Dollar Amount] per hour for work exceeding [Number] hours per month.

Travel charges (if applicable): [Dollar Amount].

Missouri sales or use tax will be added as applicable.

10. Payment Procedures

Provider shall submit invoices [Frequency, e.g., monthly].

Payment is due within [Number] days of invoice date.

Late payments are subject to a penalty of [Percentage]% per month, compliant with Missouri Usury and Prompt Payment Acts.

11. Acceptance Criteria

Client shall have [Number] days to inspect the work. If the work is unsatisfactory, Provider shall correct it within [Number] days.

12. Warranty

Provider warrants its workmanship for a period of [Number] [Time Period, e.g., months, years]. This warranty covers [Scope of Warranty, e.g., labor and parts]. Exclusions: [List Exclusions, e.g., misuse, acts of God].

13. Limitation of Liability

Provider's liability shall be limited to the amount paid by Client under this Agreement. Provider shall not be liable for consequential or incidental damages, in accordance with Missouri contract law.

14. Intellectual Property

Any custom-built maintenance scheduling, manuals, or proprietary methods shall remain the intellectual property of [Party Owning Intellectual Property, e.g., Provider]. This is subject to Missouri Uniform Trade Secrets Act protections.

15. Non-Disclosure

Both parties agree to hold confidential all technical, commercial, and property-related information.

16. Change Orders

Any changes to the scope of services require written approval from Client.

17. Force Majeure

Neither party shall be liable for delays or failures to perform due to acts of God, war, or other events beyond their reasonable control, taking into consideration Missouri's natural disaster and emergency declaration protocols.

18. Termination

Option A: Termination for Cause

Either party may terminate this Agreement for breach of contract with [Number] days written notice.

Option B: Termination for Convenience

Client may terminate this Agreement for any reason with [Number] days written notice.

Upon termination, Provider shall return all Client property and be paid for all outstanding amounts.

19. Penalties and Remedies

For breach of contract, the non-breaching party shall be entitled to [List Remedies, e.g., damages, specific performance]. Liquidated damages for delayed response: [Dollar Amount] per day.

20. Dispute Resolution

The parties shall attempt to resolve any disputes through negotiation and mediation. If unsuccessful, disputes shall be resolved through binding arbitration in accordance with Missouri’s Uniform Arbitration Act, or in the appropriate Missouri county court. Missouri law shall govern this Agreement.

21. Assignment and Subcontracting

Neither party may assign this Agreement without the written consent of the other party. Subcontracting is prohibited without written consent. Any subcontractors must comply with all Missouri laws and insurance standards.

22. Notices

All notices shall be in writing and sent to the addresses listed above via certified mail.

23. Entire Agreement

This Agreement constitutes the entire agreement between the parties. It may be modified only by a signed, written amendment.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

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

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

[Maintenance Service Provider Company Name]

By: [Service Provider Name]

Title: [Service Provider Title]

[Client Company Name]

By: [Client Name]

Title: [Client Title]

Schedules:

Schedule A: Proof of Licenses

Schedule B: Insurance Certificates

Schedule C: Agreed Maintenance Checklist/Service Report