Oklahoma maintenance service contract template

Oklahoma Maintenance Service Contract

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

• [Service Provider Full Legal Name], a [Legal Entity Type, e.g., Oklahoma LLC, Oklahoma Corporation, Sole Proprietorship] with its principal place of business at [Service Provider Physical Address], hereinafter referred to as "Provider,"
  • Legal Entity Status: [Legal Entity Type]
  • Registered Agent Name: [Registered Agent Name]
  • Registered Agent Address: [Registered Agent Address]
  • Phone: [Service Provider Phone Number]
  • Email: [Service Provider Email Address]
• And
  • [Client Full Legal Name], a [Legal Entity Type, e.g., Oklahoma LLC, Oklahoma Corporation, Sole Proprietorship] with its principal place of business at [Client Physical Address], hereinafter referred to as "Client."
    • Legal Entity Status: [Legal Entity Type]
    • Registered Agent Name: [Registered Agent Name]
    • Registered Agent Address: [Registered Agent Address]
    • Phone: [Client Phone Number]
    • Email: [Client Email Address]

1. Scope of Services

• Option A: Regular Preventive Maintenance
  • Description: Provide regular preventive maintenance on [Specific Equipment/Asset Description, including Make, Model, Serial Numbers, and Location within Oklahoma]. The services include, but are not limited to: [List specific maintenance tasks, e.g., lubrication, filter changes, inspections].
• Option B: Emergency Repairs
  • Description: Provide emergency repair services for the equipment/assets specified in Option A, available [Days of the week] from [Start Time] to [End Time].
• Option C: Systems Inspection
  • Description: Conduct comprehensive systems inspections of the following systems: [List specific systems, e.g., HVAC, electrical, plumbing]. Inspections will be performed [Frequency, e.g., monthly, quarterly, annually].
• Option D: Equipment Cleaning
  • Description: Provide routine cleaning of the following equipment: [List specific equipment]. Cleaning will include: [Describe cleaning procedures].

2. Service Schedule

• Option A: Periodic Intervals
  • Services will be performed at the following intervals: [Specify intervals, e.g., monthly, quarterly, annually]. Scheduled maintenance will be performed between [Start Time] and [End Time] on [Days of the week].
• Option B: Response Times for Unscheduled Repairs
  • Provider shall respond to requests for unscheduled repairs within [Number] hours of notification by Client. On-site arrival time shall not exceed [Number] hours from the initial request.
• Option C: Service Request Procedures
  • Client shall request service via [Method, e.g., phone, email, online portal]. The designated contact person for service requests is [Client Contact Name] at [Client Contact Phone Number] or [Client Contact Email Address].
• Option D: After-Hours, Holidays, and Inclement Weather
  • After-hours, holiday, and inclement weather service will be provided at [Specify rates or conditions]. In the event of inclement weather impacting service, Provider will notify Client as soon as reasonably possible and reschedule services accordingly.

3. Compliance with Laws and Regulations

• Option A: General Compliance
  • Provider shall comply with all applicable local, state, and federal laws and regulations, including but not limited to, Oklahoma Construction Industries Board (CIB) rules.
• Option B: Licensing and Certification
  • Provider shall ensure that all personnel performing services requiring licensing or certification in Oklahoma (e.g., HVAC, electrical, plumbing) hold valid and current licenses.
• Option C: Specific Regulations
  • Provider shall comply with the following specific regulations: [List specific regulations relevant to the services provided].

4. Service Quality Standards and Documentation

• Option A: Service Quality Standards
  • Provider shall perform all services in a professional and workmanlike manner, meeting or exceeding industry standards.
• Option B: Inspection and Maintenance Checklists
  • Provider shall utilize inspection and maintenance checklists, which will be provided to Client upon completion of each service visit.
• Option C: Documentation Requirements
  • Provider shall provide completion reports or maintenance logs per service visit, including a detailed description of services performed, parts replaced (if any), and any recommendations for future maintenance or repairs.
• Option D: Client Acceptance/Feedback
  • Client shall have [Number] days to review and accept the services performed. Feedback shall be provided to Provider in writing.

5. Safety and Environmental Compliance

• Option A: Safety Protocols
  • Provider shall adhere to all applicable safety protocols, including those outlined by the Oklahoma Department of Labor.
• Option B: Equipment Handling
  • Provider shall handle all equipment with care and in accordance with manufacturer’s recommendations.
• Option C: Environmental Compliance
  • Provider shall comply with all applicable environmental regulations, including proper disposal of hazardous or regulated waste.
• Option D: OSHA and EPA Regulations
  • Provider shall comply with all applicable OSHA and EPA regulations.

6. Work Site Access and Client Responsibilities

• Option A: Work Site Address
  • The primary work site address is: [Work Site Address].
• Option B: Access and Security
  • Client shall provide Provider with reasonable access to the work site. Client is responsible for security clearance or escort of service personnel, if required.
• Option C: Client Tools and Utilities
  • If Provider is required to use Client's tools or utilities, Client shall provide notification and clear procedures for their use.
• Option D: Key and Access Device Control
  • Client retains full control of all keys, access cards, alarm codes, and related items required to enter client facilities. Provider will keep a running log of access to client facilities. Client will be notified immediately of any loss or damage to these controlled items.

7. Materials, Parts, and Consumables

• Option A: Materials Supplied by Provider
  • Provider shall supply the following materials, parts, or consumables: [List materials].
• Option B: Materials Supplied by Client
  • Client shall supply the following materials, parts, or consumables: [List materials].
• Option C: OEM/Aftermarket Parts
  • Provider shall use [Specify OEM or Aftermarket parts or a combination thereof].
• Option D: Parts Replacement Approval
  • Provider shall obtain Client's advance approval for any chargeable parts replacement exceeding [Dollar Amount].

8. Pricing and Payment Terms

• Option A: Pricing Structure
  • The pricing structure for services is: [Specify pricing structure, e.g., fixed fee, hourly rates, unit-based pricing, retainer, service-level tiers].
• Option B: Minimum Service Charge
  • The minimum service charge is [Dollar Amount] per service call.
• Option C: Overtime/Emergency Fees
  • Overtime or emergency call-out fees are [Specify rates].
• Option D: Markup on Parts
  • The markup on parts is [Percentage]%.
• Option E: Oklahoma Sales/Use Tax
  • Applicable Oklahoma sales or use tax will be added to all invoices.
• Option F: Payment Schedule and Invoicing
  • Provider shall invoice Client [Frequency, e.g., monthly, upon completion of service]. Payment is due within [Number] days of the invoice date.
• Option G: Payment Methods
  • Payment methods accepted are: [List payment methods, e.g., check, credit card, electronic funds transfer].
• Option H: Late Payments
  • Late payments will be subject to a late fee of [Percentage]% per month. Client will be notified of late payments and has a cure period of [Number] days.
• Option I: Ramifications of Non-Payment
  • In the event of non-payment, Provider may suspend services and pursue legal remedies as permitted under Oklahoma contract law.

9. Insurance

• Option A: Required Coverage
  • Provider shall maintain the following insurance policies meeting at least Oklahoma statutory minimums:
    • General Liability: [Coverage Amount]
    • Workers’ Compensation: As required by Oklahoma law (Title 85A O.S.)
    • Commercial Auto Liability: [Coverage Amount]
• Option B: Additional Insured
  • Client shall be named as an additional insured on the General Liability policy.
• Option C: Certificates of Insurance
  • Provider shall provide Client with certificates of insurance evidencing the required coverage.

10. Indemnification and Liability

• Option A: Indemnification
  • Provider shall indemnify and hold harmless Client from and against any and all third-party claims, losses, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or related to Provider's performance of services under this Agreement, except to the extent caused by Client's negligence or willful misconduct.
• Option B: Limitation of Liability
  • Provider’s liability under this Agreement shall be limited to the amount of fees paid by Client to Provider during the [Number] months preceding the event giving rise to the liability, except for gross negligence or willful misconduct, for which Oklahoma law shall govern.
• Option C: Risk of Loss
  • Provider assumes all risk of loss and property damage for all Provider owned equipment while on client property. Client assumes risk of loss and property damage of client owned equipment.

11. Intellectual Property

• Option A: Ownership
  • Any intellectual property or proprietary information created by Provider in connection with the services shall remain the property of [Provider/Client/Jointly Owned].
• Option B: Usage Rights
  • Client shall have the right to use any custom maintenance plans, software, or reports provided by Provider in connection with the services.

12. Confidentiality

• Option A: Confidential Information
  • Both parties agree to hold confidential any proprietary technical, commercial, or facility information accessed during the term of this Agreement.
• Option B: Survivability
  • This confidentiality obligation shall survive the termination of this Agreement.

13. Background Checks, Drug Testing, and Non-Discrimination

• Option A: Background Checks
  • Provider shall conduct background checks on all personnel assigned to perform services at Client's facilities.
• Option B: Drug Testing
  • Provider shall maintain a drug-free workplace policy and conduct drug testing as required by law or Client policy.
• Option C: Non-Discrimination
  • Provider shall comply with all applicable non-discrimination laws and regulations.

14. Records Retention, Reporting, and Audit Rights

• Option A: Records Retention
  • Provider shall maintain records related to the services performed under this Agreement for a period of [Number] years, in accordance with Oklahoma law.
• Option B: Reporting
  • Provider shall provide Client with regular reports on the services performed, as agreed upon by both parties.
• Option C: Audit Rights
  • Client shall have the right to audit Provider's records related to the services performed under this Agreement.

15. Force Majeure

• Option A: Definition
  • Force majeure events shall include acts of God, war, terrorism, fire, flood, tornado, ice storm, or other events beyond the reasonable control of either party.
• Option B: Notification
  • The affected party shall notify the other party of the force majeure event as soon as reasonably possible.
• Option C: Suspension/Rescheduling
  • The obligations of the affected party shall be suspended during the force majeure event. Provider will work with Client to reschedule service as soon as reasonably possible.

16. Contract Modification

• Option A: Amendment Requirements
  • This Agreement may be modified only by a written amendment signed by both parties.

17. Term and Termination

• Option A: Term
  • This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Months/Years].
• Option B: Renewal
  • This Agreement shall automatically renew for successive [Number] [Months/Years] terms unless either party provides written notice of non-renewal at least [Number] days prior to the end of the then-current term.
• Option C: Price Adjustment
  • The price for services may be adjusted upon renewal based on [Specify mechanism, e.g., CPI indexing, market rates].
• Option D: Termination for Breach
  • Either party may terminate this Agreement for breach by the other party, provided that the breaching party is given written notice of the breach and a period of [Number] days to cure the breach, consistent with Oklahoma statutory notice and cure periods.
• Option E: Termination for Convenience
  • Client may terminate this agreement for convenience with written notice of [Number] days.
• Option F: Effect of Termination
  • Upon termination, Provider shall be entitled to payment for all services rendered prior to the termination date. Client shall return all keys, access devices, and client data to provider. Provider shall provide Client a final accounting.

18. Remedies for Breach

• Option A: Available Remedies
  • In the event of a breach of this Agreement, the non-breaching party shall be entitled to all available remedies, including, but not limited to, withholding payment, seeking re-performance, claiming liquidated damages (if enforceable under Oklahoma law), and pursuing legal action.
• Option B: Attorney Fees
  • The prevailing party in any legal action arising out of or related to this Agreement shall be entitled to recover its reasonable attorney’s fees and costs.

19. Dispute Resolution

• Option A: Dispute Resolution Hierarchy
  • The parties shall attempt to resolve any disputes arising out of or related to this Agreement through negotiation. If negotiation is unsuccessful, the parties shall attempt to resolve the dispute through mediation.
• Option B: Arbitration/Litigation
  • If mediation is unsuccessful, the parties shall resolve the dispute through [Arbitration/Litigation].
• Option C: Venue and Jurisdiction
  • The venue for any legal action shall be in [County Name] County, Oklahoma. The jurisdiction for any legal action shall be in an Oklahoma state court.
• Option D: Choice of Law
  • This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma.

20. Oklahoma Specific Compliance

• Option A: Consumer Protection
  • If Client is an individual or small business, this Agreement complies with relevant Oklahoma consumer protection statutes.
• Option B: B2B Contract Practices
  • This Agreement complies with Oklahoma B2B contract practices.
• Option C: Public Contracts
  • If the services are for a state agency, this Agreement complies with all applicable Oklahoma bidding, open records, and other requirements for public contracts.

21. Boilerplate Language

• Option A: 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.
• Option B: Severability
  • If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Option C: Waiver
  • No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
• Option D: Assignment
  • Neither party may assign this Agreement without the prior written consent of the other party.
• Option E: Notices
  • All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier service to the addresses set forth above.

22. Performance Review and Satisfaction Surveys

• Option A: Performance Review Meetings
  • The parties shall hold regular performance review meetings [Frequency, e.g., quarterly, annually] to discuss the quality of services and identify areas for improvement.
• Option B: Client Satisfaction Surveys
  • Provider shall conduct client satisfaction surveys [Frequency, e.g., quarterly, annually] to gather feedback on the services provided.

23. Addenda

• Option A: Equipment/Asset Schedule
  • See attached Addendum A for a detailed equipment/asset schedule.
• Option B: Supplemental Safety Protocols
  • See attached Addendum B for supplemental safety protocols.
• Option C: Special Project Requirements
  • See attached Addendum C for special client project requirements.

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

[Service Provider Full Legal Name]

By: [Service Provider Signature]

Name: [Service Provider Printed Name]

Title: [Service Provider Title]

[Client Full Legal Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]