New Jersey maintenance service contract template

New Jersey Maintenance Service Contract

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

• [Maintenance Service Provider Name], a [State of Formation] [Entity Type, e.g., Corporation] with its principal place of business at [Service Provider Address], New Jersey, and New Jersey Business Registration Number [Business Registration Number] and License Number(s) [License Numbers] (hereinafter referred to as “Service Provider”);
• And
• [Client Name], an individual residing at [Client Address], New Jersey, or a [State of Formation] [Entity Type, e.g., Corporation] with its principal place of business at [Client Address], New Jersey (hereinafter referred to as “Client”).

1. Service Location

• The Services shall be performed at the following location(s) in New Jersey:
  • Option A: [Property Address 1]
  • Option B: [Property Address 2]
• Access Times: [Specific Access Times, e.g., Monday-Friday, 8 AM - 5 PM].
• Site Restrictions: [Specific Site Restrictions, e.g., Limited Parking, Key Access Required].
• Safety Protocols: [Specific Safety Protocols, e.g., Hard Hat Required, Safety Glasses Required].
• Special Entry Requirements: [Specific Entry Requirements, e.g., Sign-In at Front Desk, Security Clearance Required].

2. Scope of Services

• The Service Provider shall provide the following maintenance services:
  • Preventive Maintenance:
    • Option A: [Description of Preventive Maintenance Services, e.g., HVAC System Inspection and Filter Replacement].
      • Schedule: [Maintenance Schedule, e.g., Quarterly].
    • Option B: [Description of Preventive Maintenance Services, e.g., Plumbing System Inspection and Drain Cleaning].
      • Schedule: [Maintenance Schedule, e.g., Semi-Annually].
  • Corrective Maintenance:
    • Option A: Repair of malfunctioning equipment covered under this Agreement.
    • Option B: Replacement of defective parts covered under this Agreement.
  • Emergency Repairs:
    • Option A: Services to address urgent issues impacting safety or essential building functions.
    • Option B: Services to mitigate damage from unforeseen events covered under this Agreement.
• Specific Equipment/Systems/Property Types to be Maintained: [List of Equipment, Systems, or Property Types, e.g., HVAC Systems, Plumbing Systems, Landscaping].
• Itemized Service Tasks: [Detailed List of Service Tasks, e.g., Filter Replacement, Lubrication, Testing].
• Service Standards:
  • Response Times: [Response Times, e.g., 2 hours for emergencies, 24 hours for routine requests].
  • Frequency of Inspections: [Frequency of Inspections, e.g., Monthly].
  • Checklists: [Reference to Checklists, e.g., Attached as Exhibit A].
  • Compliance: Compliance with manufacturer requirements and applicable industry standards.
• Performance Measurement Metrics: [Metrics, e.g., Uptime Percentage, Customer Satisfaction Scores].

3. Notification and Reporting

• Scheduling: [Scheduling Procedures, e.g., Services scheduled via phone or email].
• Completion Reports: [Content and Format of Completion Reports, e.g., Detailed description of work performed, parts used, time spent].
• Customer Sign-Off: [Requirement for Customer Sign-Off, e.g., Upon completion of each service call].
• Incident Reports: [Requirements for Incident Reports, e.g., For accidents, property damage, or safety violations].
• Logs/Documentation: [Required Logs/Documentation, e.g., Maintenance logs, inspection records].

4. Materials and Parts

• Responsibility for Sourcing:
  • Option A: Service Provider responsible for sourcing materials and parts.
  • Option B: Client responsible for providing certain materials and parts as specified in [Exhibit B].
• Party Responsible for Payment:
  • Option A: Service Provider pays for materials and parts.
  • Option B: Client pays for materials and parts.
• Party Retaining Title:
  • Option A: Service Provider retains title until installation.
  • Option B: Client retains title.
• Compliance: All materials must comply with New Jersey safety and environmental standards.

5. Equipment Storage, Hazardous Materials, and Waste Disposal

• Equipment Storage: [Requirements for Equipment Storage, e.g., On-site storage provided by Client, Off-site storage by Service Provider].
• Hazardous Materials Handling: Handling of hazardous materials in compliance with NJDEP regulations.
• Waste Disposal: Disposal of waste materials in compliance with NJDEP regulations.

6. Personnel Requirements

• Background Checks:
  • Option A: Required for personnel servicing schools or government sites.
  • Option B: Not required.
• Union Labor:
  • Option A: Union labor required as per [Specific Union Agreement].
  • Option B: Non-union labor.
• Drug Testing/Safety Training:
  • Option A: Required for all personnel as per New Jersey regulations.
  • Option B: Not required.
• Insurance Status: Service Provider shall ensure all personnel are properly insured.

7. Insurance

The Service Provider shall maintain the following insurance coverage applicable to New Jersey:

• General Liability Insurance: Minimum coverage of [Dollar Amount].
• Workers’ Compensation: In compliance with New Jersey requirements.
• Property Damage: Minimum coverage of [Dollar Amount].
• Professional Liability/Errors & Omissions: Minimum coverage of [Dollar Amount], if applicable.
• Certificates of Insurance: Service Provider shall provide certificates of insurance to Client.

8. Licensing and Permits

• The Service Provider holds the following New Jersey licenses and permits: [List of Licenses and Permits, e.g., HVAC License #12345, Plumbing Permit #67890].
• The Service Provider shall maintain all required licenses and permits during the term of this Agreement.
• Permits maintained onsite: [List of permits to be maintained onsite, if applicable].

9. Payment Terms

• Fees/Charges: [Detailed Breakdown of Fees/Charges, e.g., Hourly Rate: $XX, Monthly Retainer: $YY].
• Scheduling:
  • Option A: Hourly billing.
  • Option B: Monthly billing.
  • Option C: Project-based billing.
• Milestone Payments: [Schedule of Milestone Payments, if applicable].
• Overtime Rates: [Overtime Rate, e.g., 1.5x standard rate for hours exceeding 40 per week, as per New Jersey law].
• Service Call-Out Fees: [Service Call-Out Fee, if applicable].
• Travel/Parking Reimbursement: [Details on Travel/Parking Reimbursement, e.g., Reimbursed for tolls and parking in New Jersey].
• Sales Tax: Applicable New Jersey state sales tax will be added to invoices.
• Payment Due Date: Payments are due within [Number] days of invoice date.

10. Client Obligations

• Ensure clear and safe access to the service location(s).
• Provide onsite utility availability (e.g., electricity, water).
• Provide advance notification of conditions that might impede maintenance.
• Timely review and approval of all drafts, reports, or documentation.

11. Service and Repair Response Times

• Routine Services: [Response Time, e.g., Within 24 hours].
• Emergency Services: [Response Time, e.g., Within 2 hours].
• Procedures for Reporting Failures/Service Requests: [Reporting Procedures, e.g., Via phone at [Phone Number] or email at [Email Address]].
• Penalties/Liquidated Damages: [Penalties for Service Delays, if applicable, and as allowable under New Jersey law].

12. Warranty and Guarantee

• Workmanship: [Warranty Period, e.g., 90 days] warranty on workmanship.
• Replacement Parts: Manufacturer's warranty on replacement parts.
• Exclusions: Warranty does not cover misuse or unauthorized third-party repairs.
• Warranty Claims: Procedures for making warranty claims.

13. Intellectual Property

• Ownership: The Client retains ownership of all pre-existing intellectual property. Service Provider retains ownership of service manuals and internal process documents.
• Client Rights: Client has the right to use service-related documentation for internal purposes.

14. Confidentiality and Non-Disclosure

• Confidential Information: Definition of confidential information.
• Non-Disclosure: Obligations of non-disclosure as per New Jersey law.
• Exceptions: Exceptions for legal or regulatory disclosures.
• Non-Solicitation/Non-Compete: [Non-Solicitation/Non-Compete Terms, if enforceable under New Jersey contract principles].

15. Compliance with Laws

Compliance with all applicable New Jersey and local laws, ordinances, and codes, including building code, fire code, environmental rules, and health and safety standards.

16. Dispute Resolution

• Negotiation Period: [Number] days to attempt to resolve disputes through negotiation.
• Mediation/Arbitration: New Jersey mediation/arbitration, venue in [City, New Jersey], choice of law specifically citing New Jersey law.
• Injunctive Relief: Right to injunctive relief, if applicable.
• Attorney’s Fees/Costs: Allocation of attorney's fees and costs as allowed by New Jersey statute.

17. Term and Termination

• Duration: From [Start Date] to [End Date].
• Renewal: [Renewal Options, e.g., Automatic renewal for one-year terms].
• Termination for Convenience: [Notice Period, e.g., 30 days] written notice required.
• Termination for Cause: Conditions for termination for cause.
• Force Majeure: Definition of force majeure events.
• Cure Period: [Number] days to cure breaches.

18. Indemnification and Limitation of Liability

• Indemnification: Indemnification for third-party claims arising from negligent maintenance work, personal injury, or property damage, respecting New Jersey public policy limits.
• Carve-Outs: Carve-outs for gross negligence or willful misconduct where required by state law.
• Limitation of Liability: [Limitation of Liability Clause, subject to New Jersey law].

19. Client Remedies

• Breach Procedures: Procedures for handling breaches.
• Repair/Replacement: Service Provider's obligation to repair or replace defective work.
• Refund/Fee Reduction: Potential refund or fee reduction for non-performance.
• Statutory Rights: Acknowledgment of statutory rights under the New Jersey Consumer Fraud Act or other relevant statutes.

20. Record Retention and Access

• Record Retention: Service Provider shall retain records for [Number] years.
• Access Rights: Client and New Jersey regulatory authorities have access to records.

21. Signatures

____________________________
[Service Provider Representative Name]
[Service Provider Title]
[Maintenance Service Provider Name]

____________________________
[Client Name]
[Client Title, if applicable]

22. Additional New Jersey-Specific Disclosures & Mandatory Attachments

• [Specific Disclosure, e.g., Lead Paint Disclosure (if applicable)]
• Schedules:
  • Service Level Agreement
  • Equipment List
  • Pricing Table
  • Location(s)