North Dakota maintenance service contract template

North Dakota Maintenance Service Contract

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

[Service Provider Legal Name], a [Service Provider Business Structure, e.g., North Dakota Corporation], with its principal place of business at [Service Provider Business Address] (“Service Provider”), and its North Dakota business registration or license number [Service Provider ND Business Registration/License Number], and contact information: [Service Provider Phone Number], [Service Provider Email Address]

[Client Legal Name], a [Client Business Structure, e.g., North Dakota Limited Liability Company], with its principal place of business at [Client Business Address] (“Client”), and its North Dakota business registration or license number [Client ND Business Registration/License Number], and contact information: [Client Phone Number], [Client Email Address]

1. Scope of Maintenance Services

Option A: Comprehensive Maintenance

Service Provider will provide comprehensive maintenance services for the following: [List of equipment, property or systems covered, including make, model, and serial numbers where applicable]. This includes:

Preventive maintenance as per the schedule in Exhibit A.

Emergency repairs, with response times as defined in Section 6.

Routine inspections, conducted [Frequency, e.g., monthly, quarterly].

System testing, conducted [Frequency, e.g., annually].

Software/Firmware updates, as available and approved by Client.

Cleaning of [Specific items/areas] on a [Frequency, e.g., weekly] basis.

Parts replacement, subject to Client approval for costs exceeding [Dollar Amount].

Reporting as detailed in Section 7.

Option B: Limited Maintenance

Service Provider will provide limited maintenance services, specifically: [Detailed description of the limited services].

This includes:

Scheduled maintenance on [Specific equipment/systems], including [Specific tasks].

On-call repairs for [Specific equipment/systems].

2. Service Standards

Option A: Compliance with North Dakota Regulations

Service Provider will perform all services in compliance with North Dakota safety and occupational regulations, applicable municipal codes, and industry-specific maintenance protocols, including but not limited to [Specific North Dakota regulations or codes, e.g., North Dakota Building Code, OSHA regulations].

Option B: Industry Best Practices

Service Provider will adhere to industry best practices for the maintenance of [Equipment/systems], including [Specific industry standards, e.g., ASHRAE standards for HVAC systems].

3. Materials and Equipment

Option A: Service Provider Supplied

Service Provider will provide all materials, spare parts, tools, equipment, and consumables necessary to perform the services, except for [List of items to be provided by the Client]. Approved brands or specifications for parts are listed in Exhibit B. Service Provider will dispose of all waste materials in accordance with North Dakota environmental regulations.

Option B: Client Supplied

Client will provide all materials, spare parts, tools, equipment, and consumables necessary to perform the services. Service Provider will notify Client in advance of any required materials.

4. Service Location and Access

Option A: Standard Access

Services will be performed at [Client Business Address]. Service Provider will have access to the premises during normal business hours, [Specify Hours], or as otherwise agreed upon with Client. Service Provider will adhere to Client's security protocols, as provided.

Option B: Restricted Access

Services will be performed at [Specific locations within Client's premises]. Access is restricted to [Specific Hours/Days] and requires [Specific Security Procedures/Clearance].

5. Notification Procedures

Option A: Standard Notification

Service Provider will provide [Number] hours' notice prior to scheduled maintenance. In case of delays, Service Provider will notify Client within [Number] hours of the scheduled start time.

Option B: Emergency Notification

For emergency maintenance requests, Client will notify Service Provider via [Phone number and/or email address]. Service Provider will respond within [Number] minutes and arrive on-site within [Number] hours.

6. Fees and Payment

Option A: Fixed Fee

The fixed fee for the services is [Dollar Amount] per [Time Period, e.g., month, quarter, year].

Option B: Hourly Rate

The hourly rate for the services is [Dollar Amount] per hour, plus reimbursement for materials.

Payment Schedule:

Payment is due [Number] days from the date of invoice.

Acceptable payment methods: [List of acceptable payment methods, e.g., check, ACH transfer].

Taxes:

Client is responsible for all applicable North Dakota state and local taxes, including sales or use tax. Service Provider will provide a W-9 form upon request.

7. Warranty

Option A: Limited Warranty

Service Provider warrants workmanship and supplied parts for a period of [Number] months from the date of service.

Option B: No Warranty

Service Provider provides no express or implied warranties for services rendered.

Post-Service Review:

Client has [Number] days to review the completed service and notify Service Provider of any deficiencies.

8. Client Obligations

Option A: Standard Obligations

Client is responsible for providing Service Provider with accurate information regarding the equipment and systems to be maintained. Client will also provide a safe working environment for Service Provider's personnel.

Option B: Enhanced Obligations

Client is responsible for daily operator care of equipment, including [Specific Tasks]. Client will report any faults or issues to Service Provider promptly.

Excluded Work:

This Agreement does not cover [List of excluded work, e.g., capital upgrades, misuse repairs, disaster recovery].

9. Confidentiality

Option A: Standard Confidentiality

Service Provider will keep confidential any sensitive client, facility, or operational information encountered during service.

Option B: Enhanced Confidentiality

Service Provider will comply with North Dakota data breach notification statutes and implement reasonable safeguards to protect client data.

10. Intellectual Property

Option A: Client Ownership

All service reports, custom maintenance schedules, or bespoke methodologies developed by Service Provider are the property of Client.

Option B: Service Provider Ownership

Service Provider retains ownership of all service reports, custom maintenance schedules, or bespoke methodologies. Client is granted a license to use these materials solely for the purpose of this Agreement.

11. Record Keeping

Service Provider will maintain service logs, parts inventory, and incident reports, and retain these records for a period of [Number] years, consistent with North Dakota statutes. Client has the right to audit these records upon reasonable notice.

12. Compliance with Laws

Service Provider will comply with all applicable North Dakota and local laws, including building codes, OSHA regulations, and hazardous materials handling requirements.

13. Termination

Option A: Termination for Cause

Either party may terminate this Agreement for cause upon [Number] days written notice. Cause includes, but is not limited to, client default or service provider nonperformance.

Option B: Termination for Convenience

Either party may terminate this Agreement for convenience upon [Number] days written notice.

Upon termination, Service Provider will return all Client property and provide a final accounting.

14. Remedies and Penalties

In the event of a breach of this Agreement, the non-breaching party may pursue remedies including re-performance, service credits, fee withholds, or indemnification. Liquidated damages are not applicable under this agreement.

15. Amendments

Any amendments to this Agreement must be in writing and signed by both parties.

16. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of North Dakota. Venue for any dispute shall be in a court of competent jurisdiction in [County Name] County, North Dakota.

17. Assignment

Neither party may assign this Agreement without the prior written consent of the other party, except to a successor in interest in the event of a merger or sale of substantially all of its assets.

18. Severability

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

19. 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.

20. Entire Agreement

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

21. Mandatory North Dakota Legal Notices and Disclosures

Service Provider confirms that all representations made in this agreement are true and not misleading under North Dakota deceptive trade practices law. [Insert any mandatory North Dakota legal notices, disclosures, or safety data (e.g., SDS sheets) here, especially if dealing with residential clients or hazardous materials.]

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

[Service Provider Legal Name]

By: [Service Provider Representative Name]

Title: [Service Provider Representative Title]

[Client Legal Name]

By: [Client Representative Name]

Title: [Client Representative Title]