New Hampshire maintenance service contract template

New Hampshire Maintenance Service Contract

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

[Service Provider Name], a [Service Provider Business Type, e.g., Corporation] with a principal place of business at [Service Provider Address] and a business registration number of [Service Provider Business Registration Number, if applicable], hereinafter referred to as "Provider", and

[Client Name], a [Client Business Type, e.g., Corporation] with a principal place of business at [Client Address] and a business registration number of [Client Business Registration Number, if applicable], hereinafter referred to as "Client".

1. Scope of Services

• Option A: General Maintenance
  • Provider shall provide general maintenance services as described in [Exhibit A, Scope of Work Document].
• Option B: HVAC System Maintenance
  • Provider shall provide maintenance for the Client's HVAC system including:
    • Inspection and cleaning of [Specific components, e.g., coils, filters].
    • Testing and calibration of [Specific components, e.g., thermostats, sensors].
    • Emergency call-out services as defined in Section 3.
• Option C: Landscaping and Grounds Maintenance
  • Provider shall provide landscaping and grounds maintenance services including:
    • Lawn mowing and trimming on a [Frequency, e.g., weekly] basis.
    • Weeding and fertilization of garden beds.
    • Snow removal as needed, complying with local ordinances.
• Initial Inspection: Provider will conduct an initial inspection of the premises on [Date of Initial Inspection] and document the baseline condition in a written report.

2. Service Location

• Option A: Single Location
  • The services will be performed at the following location: [Client Address].
• Option B: Multiple Locations
  • The services will be performed at the locations listed in [Exhibit B, List of Service Locations].
• Site Access: Client shall provide Provider with reasonable access to the service location(s) during normal business hours and as otherwise agreed upon. Client is responsible for providing any necessary security badges or access codes.
• On-Site Conduct: Provider’s personnel shall comply with Client’s on-site conduct policies, which are available at [Location of Policies or Contact Person].
• Environmental Protection: Provider shall comply with all applicable New Hampshire environmental regulations regarding the handling and disposal of waste and hazardous materials.

3. Service Schedule and Emergency Call-Out

• Option A: Regular Scheduled Maintenance
  • Maintenance will be performed on a [Frequency, e.g., monthly] basis, according to the schedule in [Exhibit C, Service Schedule].
• Option B: On-Demand Service
  • Service will be provided on an as-needed basis, upon request from the Client.
• Option C: Combination of Scheduled and On-Demand
  • Provider will perform scheduled maintenance as detailed in [Exhibit C, Service Schedule] and provide on-demand service for urgent repairs.
• Emergency Call-Out: Provider shall respond to emergency call-outs within [Number] hours. Resolution time for emergency repairs shall be within [Number] hours of arrival on site.
• Rescheduling/Suspension: Service may be rescheduled or temporarily suspended due to inclement weather or force majeure events, in accordance with Section 11. Provider shall provide reasonable notice of any rescheduling or suspension.
• Notification Requirements: Provider will notify the Client [Number] hours in advance of scheduled maintenance visits.

4. Fees and Payment Terms

• Option A: Flat Rate
  • The Client shall pay Provider a flat rate of [Dollar Amount] per [Frequency, e.g., month] for the services described herein.
• Option B: Hourly Rate
  • The Client shall pay Provider an hourly rate of [Dollar Amount] per hour for the services described herein.
• Option C: By-Event Rate
  • The Client shall pay Provider a rate of [Dollar Amount] per event for the services described herein.
• After-Hours/Emergency Service Rate: The rate for after-hours or emergency services shall be [Dollar Amount] per hour.
• Minimum Service Call Fee: The minimum service call fee is [Dollar Amount].
• Parts and Consumables: The Client shall reimburse Provider for the cost of all parts and consumables, plus a markup of [Percentage]%.
• Travel/Mileage Fees: For service locations outside of [Radius] miles, the Client shall pay a travel/mileage fee of [Dollar Amount] per mile.
• Invoicing: Provider shall submit itemized invoices to the Client on a [Frequency, e.g., monthly] basis.
• Payment Terms: Payment is due within [Number] days of the invoice date. Late payments shall accrue interest at a rate of [Percentage]% per month, not exceeding the maximum rate permitted by New Hampshire law.
• Taxes: New Hampshire does not have a sales tax. However, if the services include meals or rentals, the applicable New Hampshire meals and rentals tax will be added to the invoice.

5. Warranties and Guarantees

• Option A: Standard Warranty
  • Provider warrants that all services will be performed in a professional and workmanlike manner.
• Option B: Limited Warranty
  • Provider warrants materials and labor for a period of [Number] days from the date of service completion. This warranty excludes defects or damages caused by Client misuse or unauthorized alteration.
• Standard of Workmanship: Provider guarantees that all services performed will meet industry standards.

6. Licenses and Insurance

• Provider represents and warrants that it holds all necessary licenses and permits to perform the services in New Hampshire.
• Provider shall maintain the following insurance coverage:
  • General Liability Insurance: [Dollar Amount] per occurrence.
  • Workers' Compensation Insurance: As required by New Hampshire law.
  • Auto Insurance: [Dollar Amount] combined single limit.
• Provider shall provide Client with certificates of insurance upon request.

7. Site Safety and Compliance

• Provider shall comply with all applicable New Hampshire laws and regulations, including those related to hazardous materials handling, waste disposal, and OSHA standards.
• Provider shall ensure that all personnel are properly trained in site safety procedures.

8. Confidentiality and Data Protection

• Provider shall maintain the confidentiality of all Client proprietary information and site security protocols.
• If the services involve access to personal or sensitive data, Provider shall comply with all applicable New Hampshire data privacy regulations.

9. Access Rights and Reporting

• Client shall provide Provider with reasonable access to the service location(s).
• Provider shall provide Client with a written report after each service visit, detailing the services performed and any findings.
• Client shall have the right to re-inspect the work and notify Provider of any defects or deficiencies.

10. Client Cooperation

• Client shall provide Provider with timely access to the service location(s).
• Client shall provide Provider with any necessary utilities or documentation.
• Client shall promptly notify Provider of any problems or hazards at the service location(s).

11. Term and Termination

• Option A: Fixed Term
  • This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Days/Months/Years], expiring on [End Date].
• Option B: Rolling Term
  • This Agreement shall automatically renew for successive [Number] [Days/Months/Years] terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Termination for Cause: Either party may terminate this Agreement for cause upon written notice if the other party materially breaches this Agreement.
• Termination for Convenience: Client may terminate this Agreement for convenience upon [Number] days written notice to Provider.
• Upon termination, Provider shall be entitled to payment for all services performed up to the date of termination.

12. Amendments

• This Agreement may be amended only by a written instrument signed by both parties.

13. Liability and Indemnification

• Provider shall be responsible for any property damage or injury caused by its negligent acts or omissions.
• Provider shall indemnify and hold harmless Client from and against any and all claims, losses, damages, liabilities, costs, and expenses arising out of or relating to Provider's performance of the services under this Agreement, except to the extent caused by Client’s gross negligence or willful misconduct. This indemnification shall comply with New Hampshire law prohibiting indemnification against one's own intentional misconduct.

14. Force Majeure

• 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, natural disasters, severe weather (consistent with New Hampshire realities), power outages, pandemics, or government shutdowns.

15. Dispute Resolution

• Any dispute arising out of or relating to this Agreement shall be resolved through good faith negotiation between the parties.
• If the parties are unable to resolve the dispute through negotiation, they shall submit the dispute to mediation in New Hampshire.
• If mediation is unsuccessful, the parties may pursue binding arbitration or litigation in the courts of New Hampshire.
• This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire.

16. Miscellaneous

• This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Neither party may assign this Agreement without the prior written consent of the other party.
• Compliance with Laws: Provider shall comply with all applicable local, state, and federal laws and regulations.
• Consumer Protection (If Applicable): If services involve consumer property, New Hampshire home repair law disclosures are incorporated.

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]