Nebraska maintenance service contract template

Nebraska Maintenance Service Contract

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

[Maintenance Provider Legal Name], a [State of Incorporation] corporation/LLC with its principal place of business at [Maintenance Provider Address], hereinafter referred to as “Contractor,”

and

[Client Legal Name], a [State of Incorporation] corporation/LLC with its principal place of business at [Client Address], hereinafter referred to as “Client.”

Contact Information:

Contractor: [Maintenance Provider Contact Name], [Maintenance Provider Phone], [Maintenance Provider Email]

Client: [Client Contact Name], [Client Phone], [Client Email]

Whereas, Client desires to engage Contractor to provide certain maintenance services; and

Whereas, Contractor is willing to provide such services to Client;

Now, therefore, in consideration of the mutual covenants contained herein, the parties agree as follows:

Property and Equipment Subject to Maintenance

Option A: The property subject to this Agreement is located at [Property Address] and consists of the following: [Detailed Description of Property, e.g., Commercial building, landscaping, etc.].

Option B: The equipment subject to this Agreement consists of the following items located at [Equipment Location Address]: [Detailed Description of Equipment, e.g., HVAC systems, industrial machinery, etc.], including model numbers and serial numbers (if applicable): [List of Model Numbers and Serial Numbers].

Scope of Work and Technical Specifications

Option A: The Contractor shall provide the following maintenance services: [Detailed Description of Services, e.g., Preventative maintenance, routine inspections, repairs, emergency call-outs], as described in Appendix A.

Option B: The Contractor shall perform the following tasks:

Preventative Maintenance: [Detailed Preventative Maintenance Tasks, e.g., Filter replacement, lubrication].

Routine Inspections: [Frequency of Inspections, e.g., Monthly, Quarterly], and scope of inspection including checking for: [Specific Items to Inspect].

Repairs: [Response time for repairs], and procedure for escalating urgent repairs.

Emergency Call-Outs: Availability [Days and Hours] for emergency services; call-out fees if any.

Nebraska-Specific Considerations: The Contractor shall comply with all applicable Nebraska building codes, OSHA regulations, and state fire safety regulations.

Service Standards and Quality Assurance

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

Option B: Contractor shall adhere to the following performance benchmarks: [Specific Performance Metrics, e.g., Uptime percentage, repair completion time].

Quality Assurance Protocols: [Description of Quality Checks, e.g., Post-service inspection, client feedback].

Licenses, Permits, and Certifications

Option A: The Contractor shall maintain all required Nebraska licenses, permits, and certifications, including but not limited to [List of Required Licenses and Certifications, e.g., Electrical contractor license, plumbing license] from the Nebraska Department of Labor or the Nebraska State Electrical Division.

Option B: All subcontractors (if any) used by the Contractor must also maintain equivalent licenses and certifications in Nebraska.

Client Obligations

Option A: Client shall provide reasonable access to the property and equipment during normal business hours.

Option B: Client is responsible for providing: [List of Client Responsibilities, e.g., Water, utilities, advance notice of site restrictions].

Work Schedule

Option A: Regular service intervals are [Frequency, e.g., Weekly, Monthly] during the hours of [Start Time] to [End Time].

Option B: Procedures for after-hours or emergency services: [Description of Procedures and Fees].

Parts, Materials, and Equipment

Option A: The contract includes the following parts and materials: [List of Included Parts and Materials].

Option B: Out-of-scope repairs and materials will be billed at [Pricing Structure, e.g., Cost plus percentage, hourly rate]. Contractor will use original manufacturer parts unless otherwise agreed to by the client. The vendor will be selected considering Nebraska-based suppliers where feasible.

Fees and Payment

Option A: The fee for services is [Fee Structure, e.g., Flat-rate, hourly, per-visit] as detailed in Appendix B.

Option B:

Payment Terms: Invoices are due [Number] days from the invoice date.

Late Payment Fees: Late payments will be subject to a late fee of [Percentage] per month, compliant with Nebraska late fee regulations.

Acceptable Payment Methods: [List of Payment Methods, e.g., Check, credit card, electronic transfer]. Nebraska state or local sales/use taxes will be added as applicable. Travel expenses within Nebraska will be billed as [Description].

Change Orders

Option A: Any changes to the scope of work must be approved in writing via a change order signed by both parties, compliant with Nebraska contract law.

Option B: Procedures for requesting and approving additional work: [Detailed Procedure].

Documentation and Reporting

Option A: The Contractor shall provide maintenance logs and inspection reports to the Client [Frequency, e.g., Monthly, Quarterly].

Option B: Contractor will provide certification of work completed and mandatory notifications in accordance with Nebraska Department of Labor or state fire marshal reporting requirements.

Nebraska Statutory Lien Notification

To the extent this work qualifies for lien rights under the Nebraska Construction Lien Act, Contractor hereby notifies Client that failure to pay for services rendered may result in the filing of a construction lien against the property.

Insurance and Bonding

Option A: The Contractor shall maintain general liability insurance of at least [Dollar Amount], workers’ compensation insurance as required by Nebraska law (unless exempt), and any additional coverage required for hazardous materials or public safety.

Option B: Certificates of insurance shall be provided to the Client upon request. Contractor maintains a surety bond as required by applicable Nebraska laws for [Type of Work, e.g., Electrical contracting].

Warranties

Option A: The Contractor warrants its labor for a period of [Number] [Time Period, e.g., Days, Months].

Option B: Warranties for parts are limited to the manufacturer's warranty. Remedies for defective or unfinished work are limited to re-performance of the services. This warranty is provided according to Nebraska law.

Dispute Resolution

Option A: Any disputes arising under this Agreement shall be resolved through negotiation, mediation, and then binding arbitration in [City, Nebraska].

Option B: The laws of the State of Nebraska shall govern this agreement. Jurisdiction for any legal proceedings shall be in Nebraska.

Termination

Option A: This Agreement may be terminated by either party with [Number] days written notice.

Option B: Immediate termination is permitted for material breach of the Agreement. Procedures for transition or handover of incomplete work: [Description of Procedures]. Settlement of outstanding amounts due will follow Nebraska law.

Damages and Liability

Option A: Neither party shall be liable for consequential damages.

Option B: The Contractor shall indemnify and hold harmless the Client from any claims arising from the Contractor's negligence. This clause is subject to Nebraska law limitations.

Confidentiality and Data Protection

Option A: The Contractor shall maintain the confidentiality of all Client information, including building schematics and access codes.

Option B: Contractor agrees to protect Client's confidential information as defined under the Nebraska Uniform Trade Secrets Act.

Force Majeure

Option A: Neither party shall be liable for delays or failures to perform caused by events beyond their reasonable control, including but not limited to: [List of Force Majeure Events, e.g., Tornadoes, severe weather, government orders].

Option B: Notification obligations for force majeure events: [Description of Notification Process].

Compliance with Laws

Option A: The Contractor shall comply with all applicable Nebraska and local statutes, regulations, municipal codes, and health and environmental ordinances.

Option B: This includes compliance with all requirements pertaining to the safe disposal of regulated waste.

Notices

All notices required under this Agreement shall be in writing and shall be deemed to be duly served if delivered personally, sent by certified mail, or by email to the addresses listed above, in accordance with Nebraska law.

Integration, Severability, Amendment, and Waiver

This Agreement constitutes the entire agreement between the parties. If any provision of this Agreement is held to be invalid, the remaining provisions shall remain in full force and effect. This Agreement may be amended only by a written instrument signed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing. These terms are consistent with Nebraska contract law.

Authority to Sign

Each party represents and warrants that it has the authority to enter into this Agreement.

In witness whereof, the parties have executed this Agreement as of the date first written above.

[Maintenance Provider Legal Name]

By: [Maintenance Provider Signature]

Name: [Maintenance Provider Printed Name]

Title: [Maintenance Provider Title]

[Client Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

Appendix A: Detailed Scope of Work [Attach Detailed Description]

Appendix B: Fee Schedule [Attach Fee Schedule]