Nevada maintenance service contract template
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How Nevada maintenance service contract Differ from Other States
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Nevada contracts must comply with unique state licensing requirements for service providers, ensuring legal operation.
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Nevada law mandates prompt payment provisions, affecting how and when maintenance service providers are compensated.
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Nevada contracts often require clear delineation of liability and insurance responsibilities to comply with state regulations.
Frequently Asked Questions (FAQ)
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Q: Is a written maintenance service contract legally required in Nevada?
A: While not always mandated, a written contract is strongly recommended in Nevada to document terms and protect both parties.
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Q: Does Nevada law require service providers to be licensed?
A: Yes, most maintenance service providers in Nevada must be properly licensed to legally offer their services.
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Q: Can parties customize terms in a Nevada maintenance service contract?
A: Yes, parties can tailor terms as long as they comply with Nevada’s laws on contracts, licensing, and liability.
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Nevada Maintenance Service Contract
This Nevada Maintenance Service Contract (the “Agreement”) is made and entered into as of this [Date], by and between:
[Service Provider Full Legal Name], a [State of Formation] [Entity Type] with its principal place of business at [Service Provider Address] and Nevada State Business License Number [Service Provider License Number (if applicable)], hereinafter referred to as “Provider,”
and
[Client Full Legal Name], a [State of Formation] [Entity Type] with its principal place of business at [Client Address], hereinafter referred to as “Client.”
1. Scope of Services
Option A: General Maintenance
The Provider shall provide general facility maintenance services as detailed in Exhibit A, attached hereto and incorporated herein.
Option B: Specific System Maintenance
The Provider shall provide maintenance services for the following systems: [List of Systems, e.g., HVAC, Electrical, Plumbing, Elevator, Landscaping], as detailed in Exhibit B, attached hereto and incorporated herein. This includes preventive, corrective, and emergency maintenance as defined below:
Preventive Maintenance: Scheduled maintenance aimed at preventing breakdowns.
Corrective Maintenance: Repair of systems or equipment after a breakdown.
Emergency Maintenance: Unscheduled repairs required to address immediate safety concerns or system failures.
Option C: Excluded Services
The following services are explicitly excluded from this Agreement: [List of Excluded Services, e.g., Structural repairs, major renovations, landscaping beyond basic lawn care].
2. Maintenance Schedule and Reporting
Option A: Standard Schedule
Maintenance services shall be performed according to the schedule outlined in Exhibit C, attached hereto and incorporated herein.
Option B: Customized Schedule
Maintenance services shall be performed according to the following schedule: [Detailed Schedule, e.g., Monthly HVAC inspections, quarterly plumbing checks].
Reporting Requirements:
The Provider shall provide the Client with a written report detailing the services performed within [Number] days of each service visit.
All reports must be kept by the Provider for a period of [Number] years in compliance with Nevada administrative requirements.
3. Service Location and Access
Option A: Single Location
The service location is: [Full Address].
Option B: Multiple Locations
The service locations are listed in Exhibit D, attached hereto and incorporated herein.
Access Requirements:
The Client shall provide the Provider with access to the service location(s) during normal business hours, or as otherwise agreed upon in writing.
Protocols for securing client premises: [Detailed protocols to protect client security].
4. Fees and Payment
Option A: Hourly Rate
The Provider’s hourly rate is [Dollar Amount] per hour.
Option B: Per-Visit Fee
The Provider’s fee per visit is [Dollar Amount].
Option C: Flat Fee
The Provider’s flat fee for the services outlined in this Agreement is [Dollar Amount] per [Time Period, e.g., month, quarter].
Parts and Materials:
Parts and materials will be billed at cost plus a markup not to exceed [Percentage]%.
Minimum Call-Out Charge:
The minimum call-out charge is [Dollar Amount].
Travel Charges:
Travel charges will be billed at [Dollar Amount] per mile, based on actual Nevada mileage.
Payment Schedule:
Payment is due within [Number] days of the invoice date.
Invoicing Requirements:
Invoices must include a detailed description of the services performed, the date of service, and the amount due.
Nevada Sales Tax:
All applicable Nevada sales taxes will be added to the invoice.
5. Mechanic's Lien Disclosure (Nevada Revised Statutes Chapter 108)
The Provider hereby informs the Client that the Provider has the right to file a mechanic's lien against the property if the Client fails to make timely payments for services rendered. The Client is obligated to ensure timely payments to avoid such actions. The Provider may be required to provide pre-lien notices as per NRS Chapter 108.
6. Licensing and Insurance
The Provider represents and warrants that it maintains all necessary Nevada contractor or specialty maintenance licenses, business registration, and insurance, including general liability, workers’ compensation (as mandated by Nevada law), and, if applicable, surety bonds for public or commercial maintenance work.
The Provider shall provide proof of insurance upon request.
7. Client Obligations
The Client shall provide timely notification of any issues requiring maintenance services.
The Client shall provide the Provider with accurate maintenance history for the systems or equipment covered by this Agreement.
The Client shall provide reasonable cooperation to the Provider in the performance of its services.
The client is responsible for all deliverables and shall review and communicate their approval/disapproval within a 3 day period.
8. Client-Supplied Items
The following parts, consumables, or equipment will be supplied by the Client: [List of Items].
The Client shall deliver said items to the service location within [Number] days of notification from the Provider.
9. Hazardous Substances
The Provider shall handle any hazardous substances or regulated materials on site in compliance with all applicable Nevada Department of Environmental Protection (NDEP) and OSHA procedures.
10. Compliance with Laws
The Provider shall comply with all relevant Nevada building, safety, health, and fire codes, as well as municipal regulations affecting maintenance activities.
11. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events, including utility outages, extreme weather, or labor actions.
The affected party shall notify the other party as soon as reasonably practicable.
[Specify any relief or rescheduling terms].
12. Warranty
The Provider warrants its workmanship for a period of [Number] [Time Period, e.g., days, months] from the date of service.
This warranty covers defects in workmanship only and does not cover consequential damages.
[Specify any mandated reporting or claim submission processes as required by Nevada law].
13. Termination
Option A: Termination for Cause
Either party may terminate this Agreement for cause upon written notice to the other party if the other party breaches this Agreement and fails to cure such breach within [Number] days of receiving written notice of the breach.
Option B: Termination Without Cause
Either party may terminate this Agreement without cause upon [Number] days written notice to the other party.
Option C: Immediate Termination
The Client may terminate this agreement immediately if the provider fails to maintain proper licensing and insurance as defined in Section 6.
Upon termination, final account settlement terms shall be as follows: [Detailed terms].
14. Breach of Contract
In the event of a breach of this Agreement, the non-breaching party shall be entitled to [Specify Nevada-specific penalty limits].
The non-breaching party shall provide written notice of the breach and an opportunity to cure within [Number] days.
[Client's rights to withhold payment].
[Provider's right to suspend services].
15. Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through negotiation and mediation in Nevada.
If mediation is unsuccessful, the dispute shall be resolved through arbitration in Nevada (per Nevada Arbitration Rules) or litigation in Nevada state courts.
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada.
16. Confidentiality
The Provider shall maintain the confidentiality of all Client information and trade secrets.
This confidentiality obligation shall survive the termination of this Agreement.
The provider shall comply with Nevada’s relevant privacy statutes, especially if the contract covers sensitive infrastructure or personal information.
17. Assignment and Subcontracting
Neither party may assign this Agreement without the prior written consent of the other party.
The Provider may not subcontract any of its obligations under this Agreement without the prior written consent of the Client.
All subcontractors must meet Nevada licensing and insurance requirements.
18. Intellectual Property
[Specify ownership of intellectual property and documentation].
19. Nevada-Specific Disclosures
[Attach Nevada-specific disclosures, consumer education materials (if applicable), and any required state notices].
20. Signatures
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Service Provider Name]
By: [Authorized Representative Name]
Title: [Authorized Representative Title]
____________________________
[Client Name]
By: [Authorized Representative Name]
Title: [Authorized Representative Title]