Oregon maintenance service contract template

Oregon Maintenance Service Contract

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

[Maintenance Service Provider Name], a [State of Incorporation] corporation with its principal place of business at [Service Provider Address], hereinafter referred to as "Provider," and

[Client Name], an individual/a [State of Incorporation] corporation/a limited liability company, with its principal place of business at [Client Address], hereinafter referred to as "Client."

Provider Contact:

Name: [Service Provider Contact Name]

Phone: [Service Provider Contact Phone]

Email: [Service Provider Contact Email]

Client Contact:

Name: [Client Contact Name]

Phone: [Client Contact Phone]

Email: [Client Contact Email]

1. Description of Property/Equipment

The property/equipment subject to maintenance under this Agreement is located at: [Property Address] and is described as follows:

Option A: The entire property located at the address above, including all buildings, grounds, and equipment permanently affixed thereto. Asset list attached as Exhibit A.

Option B: Specific equipment located at the address above, as detailed in the attached Asset List (Exhibit A), including but not limited to: [List Key Equipment].

Access Requirements: Provider shall have access to the property/equipment during the following hours: [Hours of Access]. Provider is responsible for notifying Client [Number] hours prior to arrival.

2. Scope of Maintenance Services

Provider shall provide the following maintenance services:

Option A: Preventive Maintenance: Scheduled inspections and maintenance tasks as outlined in Schedule B, designed to prevent equipment failure and maintain optimal performance.

Option B: Corrective Maintenance: Repair of equipment malfunctions and failures, including diagnosis, parts replacement, and labor.

Option C: Emergency Repairs: 24/7 availability for urgent repairs that pose a risk to safety, security, or business operations. Response time: [Response Time]

Covered Systems/Tasks: [List Covered Systems and Tasks]

Excluded Systems/Tasks: [List Excluded Systems and Tasks]

Oregon-Specific Requirements: Where applicable, all electrical, plumbing, and HVAC work will be performed by licensed professionals in accordance with Oregon Construction Contractors Board (CCB) and relevant state board regulations. Provider’s CCB license number: [Provider CCB License Number].

3. Service Schedule and Reporting

Scheduled Maintenance: Preventive maintenance tasks will be performed according to the schedule outlined in Schedule B.

Response Time: For corrective maintenance, Provider will respond to service requests within [Response Time] hours of notification by Client.

Completion Time: Provider will complete corrective maintenance within [Completion Time] hours of diagnosis, subject to parts availability.

Reporting: Provider will submit a written service report to Client within [Number] days of each service event. Reports will be submitted: [Electronic/Paper]. Records will be kept digitally as required by Oregon law.

Inspection Routines: Regular inspection routines will be conducted [frequency], to ensure all systems and equipment meet manufacturer, industry, or OSHA guidelines.

4. Materials and Parts

Option A: Provider shall supply all necessary materials, parts, and consumables for the performance of the maintenance services.

Standards and Warranties: All parts will meet or exceed original equipment manufacturer (OEM) specifications and will be warranted for [Warranty Period].

Option B: Client shall supply all necessary materials, parts, and consumables.

Option C: Provider shall supply consumables and Client will supply all other materials and parts.

Standards and Warranties for Client-Supplied Materials: Client is responsible for ensuring all materials and parts meet OEM specifications and applicable safety standards.

5. Work Methods and Safety

Safety Compliance: Provider shall comply with all applicable Oregon OSHA regulations and Client’s site-specific safety rules.

MSDS and PPE: Provider shall provide Material Safety Data Sheets (MSDS) for all chemicals used and ensure that its employees use appropriate Personal Protective Equipment (PPE).

Site Rules: Provider’s personnel shall adhere to the Client’s site rules outlined in Exhibit C.

Hazard Compliance: Provider is responsible for identifying and mitigating potential hazards associated with the maintenance work.

6. Environmental Compliance

DEQ Compliance: Provider shall comply with all applicable Oregon Department of Environmental Quality (DEQ) regulations regarding waste disposal and handling of hazardous materials.

Stormwater Permitting: If applicable, Provider shall ensure compliance with all stormwater permitting requirements related to maintenance activities.

Hazardous Handling: All hazardous materials shall be handled, stored, and disposed of in accordance with Oregon DEQ standards.

7. Maintenance Personnel

Qualifications: Provider’s maintenance personnel shall be qualified and experienced in the performance of the maintenance services.

Supervisor Qualifications: A qualified supervisor with [Number] years of experience will oversee all work performed.

Background Checks: Provider shall conduct background checks on all personnel who will be working on Client’s property [as required by local ordinances or for sensitive locations].

Prevailing Wage: If applicable, Provider shall comply with all prevailing wage requirements as determined by the Oregon Bureau of Labor and Industries (BOLI).

8. Service Fees and Payment

Option A: Flat Retainer: Client shall pay Provider a flat monthly retainer fee of [Dollar Amount].

Option B: Time and Materials: Client shall pay Provider at the rate of [Dollar Amount] per hour for labor, plus the cost of materials.

Option C: Per-Event Pricing: Client shall pay Provider a fixed fee per service event, as detailed in Schedule D.

Overtime/After-Hours: Overtime/after-hours service will be billed at [Dollar Amount] per hour.

Travel and Mileage: Travel time will be billed at [Dollar Amount] per hour and mileage will be reimbursed at the current IRS rate.

Invoicing: Provider will submit invoices to Client on a [Frequency] basis.

Payment Terms: Payment is due within [Number] days of invoice date.

Applicable Taxes: All fees are subject to applicable Oregon state and local taxes.

9. Insurance

Provider shall maintain the following insurance coverage:

General Liability Insurance: [Dollar Amount] per occurrence.

Workers' Compensation Insurance: As required by Oregon Revised Statutes (ORS) 656.

Property Damage Insurance: [Dollar Amount] per occurrence.

Additional Insured: Client shall be named as an additional insured on Provider’s general liability insurance policy.

10. Permits and Licenses

Provider shall obtain and maintain all necessary state and municipal permits and business licenses required to perform the maintenance services in Oregon. A list of required permits and licenses are attached as Exhibit E.

11. Work Hours and Site Access

Work Hours: Provider’s standard work hours are [Work Hours].

Site Access: Provider shall have access to the property/equipment during the agreed-upon hours, as outlined in Section 1.

Parking/Security: Provider’s personnel shall comply with Client’s parking and security regulations.

Tenant Notification: Provider shall provide notification to affected tenants [Number] hours in advance of any maintenance activities that may disrupt their use of the property, as required by Oregon landlord-tenant statutes (e.g., ORS Chapter 90 for residential property).

12. Storage and Custodianship

Storage of Client Property: Provider is not responsible for storing client property unless otherwise specified in writing.

Use of Client Supplies: Provider shall use Client-supplied materials and supplies responsibly and in accordance with manufacturer’s instructions.

Disposal of Parts: Provider shall dispose of replaced parts in accordance with Oregon environmental regulations.

13. Liability and Indemnification

Property Damage: Provider shall be liable for any damage to Client’s property caused by Provider’s negligence.

Indemnification: Provider shall indemnify and hold Client harmless from any claims, losses, or expenses arising out of Provider’s performance of the maintenance services.

Limitations on Negligence Waivers: Limitations on negligence waivers are subject to Oregon contract law and precedents.

14. Confidentiality

Provider shall maintain the confidentiality of all Client information learned during the performance of the maintenance services, including any privacy requirements unique to Oregon (e.g., ORS 646A regarding consumer information).

15. Out-of-Scope Work

Reporting: Provider shall promptly report any out-of-scope work to Client for approval.

Approval: No out-of-scope work shall be performed without Client’s written approval.

Pricing: Out-of-scope work will be billed at [Dollar Amount] per hour for labor, plus the cost of materials.

Emergency Procedures: In emergency situations, Provider may perform out-of-scope work necessary to prevent damage or injury, subject to Client’s prompt notification.

16. Acceptance and Warranty

Acceptance Criteria: Client shall inspect the completed work and notify Provider of any deficiencies within [Number] days.

Punch List Procedure: Provider shall promptly correct any deficiencies identified by Client.

Warranty Period: Provider warrants its workmanship and supplied parts for a period of [Warranty Period] from the date of completion.

Exclusions: This warranty does not cover normal wear and tear, acts of God, or vandalism.

17. Service Interruption

Weather: Provider shall not be liable for service interruptions caused by severe weather conditions.

Force Majeure: Provider shall not be liable for service interruptions caused by events beyond its reasonable control, including but not limited to acts of God, war, or government regulations.

Regulatory Interventions: Provider is not liable for suspensions caused by regulatory interventions common in Oregon (e.g., fire season, utility shutoffs).

18. Termination

Option A: Termination for Convenience: Either party may terminate this Agreement for any reason upon [Number] days written notice to the other party.

Option B: Termination for Cause: Either party may terminate this Agreement for cause if the other party breaches a material provision of this Agreement and fails to cure such breach within [Number] days of written notice.

Notifications: All termination notices must be in writing and delivered in accordance with Section 20.

Settlement of Invoices: Upon termination, Client shall pay all outstanding invoices for services rendered prior to the termination date.

Handover of Records: Upon termination, Provider shall handover all relevant records and keys to Client.

19. Breach and Remedies

Cure Period: In the event of a breach, the breaching party shall have [Number] days to cure the breach.

Remedies: Remedies for noncompliance with Oregon code or safety violations are those provided in relevant regulations.

Limitations on Damages: Limitations on damages or indemnity are consistent with Oregon court precedents.

20. Notices

All notices under this Agreement shall be in writing and delivered by:

Option A: Certified mail, return receipt requested.

Option B: Email, with confirmation of receipt.

Option C: Personal delivery.

Notices shall be deemed effective upon receipt. All notices shall be sent to the addresses listed in the introductory section of this Agreement.

21. Compliance with Oregon Law

Provider shall comply with all applicable Oregon consumer protection requirements (ORS 646 et seq.), lien waivers, and prompt payment statutes where relevant to construction-adjacent maintenance.

22. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through:

Option A: Negotiation.

Option B: Mediation.

Option C: Binding arbitration in accordance with the rules of the American Arbitration Association.

The laws of the State of Oregon shall govern this Agreement, and venue for any legal action shall be in [County] County, Oregon.

23. Modification and Waiver

This Agreement may be modified or waived only by a signed written amendment referencing Oregon ORS 41.580(1).

24. Records and Audits

Provider shall maintain records of all maintenance services performed and shall allow Client to audit such records upon reasonable notice. Records shall be maintained per Oregon employment and consumer laws.

25. Assignment and Subcontracting

Assignment: Neither party may assign this Agreement without the prior written consent of the other party.

Subcontracting: Provider may subcontract certain services, but all subcontractors must be licensed in Oregon, if applicable.

26. Non-Solicitation

During the term of this Agreement and for a period of [Number] months thereafter, Client shall not solicit or hire any of Provider’s employees. This provision is enforceable to the extent permitted under Oregon law.

27. Severability, Entire Agreement, and Waiver

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

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party waiving such provision.

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

[Maintenance Service Provider Name]

By: [Service Provider Signature]

Name: [Service Provider Printed Name]

Title: [Service Provider Title]

[Client Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]

Exhibits:

Exhibit A: Asset List

Exhibit B: Maintenance Schedule

Exhibit C: Site Rules

Exhibit D: Per-Event Pricing

Exhibit E: List of Required Permits and Licenses