North Carolina maintenance service contract template

North Carolina Maintenance Service Contract

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

• [Service Provider Full Legal Name], a [State] [Entity Type] with its principal place of business at [Service Provider Physical Address] ("Service Provider"), and
• [Client Full Legal Name], a [State] [Entity Type] with its principal place of business at [Client Physical Address] ("Client").

Service Provider's Phone Number: [Service Provider Phone Number]

Service Provider's Email: [Service Provider Email]

Client's Phone Number: [Client Phone Number]

Client's Email: [Client Email]

1. Scope of Services

• Option A: General Maintenance
  • Service Provider shall provide general maintenance services as described in Exhibit A.
• Option B: Specific Maintenance Type
  • The maintenance services to be provided are specifically limited to [Type of Maintenance, e.g., HVAC, Plumbing, Electrical, Lawn Care, Equipment Maintenance].
• Option C: Emergency and Routine Maintenance
  • The services include both routine maintenance as detailed in Exhibit B and emergency maintenance as needed, with response times as specified below.

2. Covered Locations and Assets

• Option A: Single Location
  • The services will be performed at the following location: [Work Location Address within North Carolina].
• Option B: Multiple Locations
  • The services will be performed at the locations listed in Exhibit C.
• Option C: Specified Assets
  • The services will be performed on the following assets: [List of assets covered].

3. Service Schedule and Response Times

• Option A: Pre-Scheduled
  • Maintenance will be performed according to the schedule outlined in Exhibit D, including frequency and hours of service.
• Option B: On-Demand
  • Maintenance will be performed on an as-needed basis, with response times as follows:
    • Routine Requests: [Response Time, e.g., within 2 business days]
    • Emergency Requests: [Response Time, e.g., within 4 hours]
• Option C: Inspection Checklists
  • Maintenance will include inspection checklists detailed in Exhibit E to ensure quality and compliance.

4. Client Responsibilities

• Option A: Access and Utilities
  • Client shall provide Service Provider with reasonable access to the property and necessary utilities (e.g., electricity, water).
• Option B: Operational Manuals and Warranties
  • Client shall provide Service Provider with operational manuals and warranty information for covered assets.
• Option C: Point of Contact
  • Client designates [Client Point of Contact Name], [Client Point of Contact Phone Number], [Client Point of Contact Email] as the primary point of contact for all maintenance-related matters.

5. Materials and Spare Parts

• Option A: Included Materials
  • The service fee includes the cost of standard materials and consumables as listed in Exhibit F.
• Option B: Additional Billing
  • Client will be billed separately for any additional materials or spare parts required. Service Provider will obtain approval prior to purchasing materials exceeding [Dollar Amount].
• Option C: Ownership of Replaced Items
  • Replaced parts become the property of [Service Provider or Client].

6. Compliance with Laws and Regulations

• Option A: North Carolina Licensing and Certifications
  • Service Provider warrants that all personnel performing services under this Agreement possess the required North Carolina licenses and certifications. Service provider shall also abide by all state and local county codes.
• Option B: OSHA and NC Department of Labor Compliance
  • Service Provider warrants that all services will be performed in compliance with OSHA and the NC Department of Labor safety regulations.
• Option C: Nondiscrimination
  • Service Provider certifies compliance with North Carolina's nondiscrimination and equal opportunity requirements in public contracting.

7. Fees and Payment

• Option A: Hourly Rate
  • The service fee is [Dollar Amount] per hour.
• Option B: Flat Fee
  • The service fee is a flat fee of [Dollar Amount] per [Frequency, e.g., month, quarter].
• Option C: Retainer
  • The Client will pay a retainer of [Dollar Amount] per [Frequency, e.g., month, quarter].

8. Payment Terms

• Option A: Due Date
  • Invoices are due [Number] days from the invoice date.
• Option B: Late Payment Interest
  • Late payments will accrue interest at a rate of [Percentage] per month, not exceeding the maximum rate allowed under North Carolina usury statutes.
• Option C: Payment Methods
  • Client may pay by [List acceptable payment methods, e.g., check, credit card, electronic transfer].

9. Service Standards and Performance Guarantees

• Option A: Adherence to Standards
  • Service Provider shall adhere to relevant industry standards, including [Specific Standards, e.g., ANSI/ASHRAE for HVAC].
• Option B: Service Level Indicators
  • Service levels will be measured by the following indicators: [List of indicators, e.g., response time, completion time, customer satisfaction].
• Option C: Remedies for Underperformance
  • In the event of underperformance, Client's remedies may include [List remedies, e.g., rebates, re-service, termination].

10. Insurance

• Option A: Required Coverage
  • Service Provider shall maintain the following insurance coverage:
    • General Liability: [Dollar Amount]
    • Workers' Compensation: Compliant with North Carolina Industrial Commission mandates.
    • Automobile Insurance: [Dollar Amount] (if vehicle use is required)
• Option B: Certificates of Insurance
  • Client has the right to request certificates of insurance from Service Provider.

11. Limitation of Liability

• Option A: General Limitation
  • Service Provider's liability shall be limited to [Dollar Amount].
• Option B: Exclusions
  • Service Provider shall not be liable for damages resulting from Client misuse, unapproved modifications, or force majeure.
• Option C: Gross Negligence
  • This limitation of liability shall not apply to damages resulting from Service Provider's gross negligence or willful misconduct, as defined under North Carolina law.

12. Confidentiality

• Option A: Confidential Information
  • Both parties agree to hold each other's confidential information in confidence.
• Option B: Duration of Obligation
  • The obligation of confidentiality shall survive the termination of this Agreement for a period of [Number] years.
• Option C: Data Breach Notification
  • Service Provider shall comply with North Carolina's data breach notification laws.

13. Subcontracting

• Option A: Prohibition
  • Service Provider shall not subcontract any services under this Agreement without Client's prior written consent.
• Option B: Approval Required
  • Subcontractors must be pre-approved by the Client. All subcontractors will be subject to the same licensing and insurance requirements as the Service Provider.

14. Termination

• Option A: Termination for Cause
  • Either party may terminate this Agreement for cause upon [Number] days' written notice.
• Option B: Termination for Convenience
  • Client may terminate this Agreement for convenience upon [Number] days' written notice.
• Option C: Final Settlement
  • Upon termination, Client shall pay Service Provider for all work performed up to the date of termination.

15. Dispute Resolution

• Option A: Negotiation
  • The parties shall first attempt to resolve any disputes through amicable negotiation.
• Option B: Mediation
  • If negotiation fails, the parties shall submit the dispute to mediation in [City, North Carolina].
• Option C: Arbitration
  • Any unresolved disputes shall be submitted to binding arbitration in [City, North Carolina]. Venue for any court action related to this agreement will be exclusively in North Carolina.

16. Force Majeure

• Option A: Covered Events
  • Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control, including [List events, e.g., acts of God, natural disasters, war, strikes].
• Option B: North Carolina Specific Procedures
  • In the event of a hurricane or other natural disaster specific to North Carolina, the parties shall follow the procedures outlined in Exhibit G.

17. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina.

18. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter of this Agreement.

19. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.

21. Right to Cure

• Option A: Cure Period
  • If either party breaches this agreement, the breaching party shall have [Number] days after receiving written notice to cure the breach.

22. Notices

All notices under this agreement must be in writing and sent by certified mail, return receipt requested, to the addresses listed above. Email notifications will also be considered acceptable.

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

[Service Provider Full Legal Name]

By: [Service Provider Authorized Representative Name]

Title: [Service Provider Authorized Representative Title]

[Client Full Legal Name]

By: [Client Authorized Representative Name]

Title: [Client Authorized Representative Title]

Exhibits:

• Exhibit A: Description of General Maintenance Services
• Exhibit B: Description of Routine Maintenance
• Exhibit C: List of Multiple Locations
• Exhibit D: Service Schedule
• Exhibit E: Inspection Checklists
• Exhibit F: List of Included Materials
• Exhibit G: North Carolina Specific Emergency Procedures