South Carolina maintenance service contract template

South Carolina Maintenance Service Contract

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

• [Contractor Full Legal Name], a [State] [Business Type, e.g., corporation, LLC], with a mailing address of [Contractor Address], hereinafter referred to as "Contractor,"

and

• [Client Full Legal Name], whose mailing address is [Client Address], hereinafter referred to as "Client."

Contractor's Contact Information: Phone: [Contractor Phone] Email: [Contractor Email]
Client's Contact Information: Phone: [Client Phone] Email: [Client Email]

1. Scope of Maintenance Services

This section defines the specific services to be performed by the Contractor.

• Option A: Preventative Maintenance
  • Regularly scheduled maintenance activities designed to prevent equipment failure and ensure optimal performance. Frequency: [Frequency, e.g., Monthly, Quarterly, Annually].
• Option B: Corrective Maintenance
  • Repairs and replacements necessary to restore equipment or systems to proper working order after a breakdown.
• Option C: Scheduled Maintenance
  • Maintenance performed according to a predetermined schedule, which may include both preventative and corrective tasks.
• Option D: On-Demand Maintenance
  • Maintenance services provided as needed based on Client requests. Response times may vary depending on the nature of the request.

Specific systems, equipment, or property areas covered: [List all covered items, e.g., HVAC system, plumbing, electrical, landscaping, building structure]. Manufacturer requirements and/or industry standards followed: [Specify standards or manufacturer guidelines].

2. Service Performance Standards

This section outlines the expected level of service performance.

• Response Times:
  • Routine Repairs: [Response Time, e.g., Within 24 hours]
  • Urgent Repairs: [Response Time, e.g., Within 4 hours]
  • Emergency Repairs: [Response Time, e.g., Immediate]
• Service Hours: Regular service hours are [Start Time] to [End Time], [Days of the Week]. After-hours service is available at [After-Hours Availability].
• Frequency of Inspections/Maintenance: [Frequency, e.g., Monthly inspections of HVAC system].
• Escalation Procedures: In the event of unresolved issues, contact [Contact Name] at [Contact Phone] or [Contact Email].

3. Licensing and Insurance

This section confirms the Contractor's compliance with South Carolina requirements.

• South Carolina Licenses: Contractor holds the following valid South Carolina licenses: [List Licenses, e.g., Mechanical Contractor License #12345].
• Insurance:
  • Workers’ Compensation Insurance: Contractor shall maintain workers’ compensation insurance as required by South Carolina law if the provider has employees.
  • Liability Insurance: Contractor maintains general liability insurance with minimum limits of [Dollar Amount] per occurrence and [Dollar Amount] aggregate.
  • Bonding: Contractor is [Bonded/Not Bonded]. If bonded, provide bonding company name and policy number: [Bonding Company Name and Policy Number].

4. Materials and Equipment

This section clarifies responsibility for supplying materials and equipment.

• Materials, replacement parts, tools, and equipment supplied by Contractor: [List items supplied by Contractor].
• Materials, replacement parts, tools, and equipment supplied or pre-approved by Client: [List items supplied by Client or requiring pre-approval].
• Use of [New/OEM/Client-Specified] brands: [Specify Brand Preferences].

5. Compliance with Laws and Regulations

Contractor shall comply with all applicable federal, state, and local laws, regulations, and permitting requirements, including:

• South Carolina Department of Health and Environmental Control (DHEC) regulations, if applicable.
• OSHA workplace safety rules.
• State and municipal construction codes.
• [Specific regulations or ordinances relevant to the service and location].

6. Work Location and Access

Service address: [Service Address].

• Access procedures: [Describe access procedures, e.g., Key code, security system, contact person].
• Security protocols: [Describe security protocols, e.g., Sign-in procedures, identification requirements].
• Restrictions: [List any restrictions imposed by property management or HOA, e.g., Limited access hours, noise restrictions].

7. Client Obligations

• Site readiness: Client shall ensure the service area is accessible and free from obstructions.
• Provision of utilities: Client shall provide access to necessary utilities, such as electricity and water.
• Access to service areas: Client shall provide access to all areas required for maintenance.
• Notification of issues: Client shall promptly notify Contractor of any issues requiring maintenance.
• Primary Client Contact: [Contact Name], Phone: [Contact Phone], Email: [Contact Email].

8. Service Pricing and Payment

• Pricing Structure:
  • Option A: Fixed Fee: [Dollar Amount] per [Time Period, e.g., month, quarter].
  • Option B: Time and Materials: Hourly rate: [Dollar Amount] per hour. Materials billed at cost plus [Percentage]% markup.
  • Option C: Per Call: [Dollar Amount] per service call.
  • Option D: Retainer: [Dollar Amount] per [Time Period, e.g., month, year] for a specified number of service hours.
• Rates:
  • Regular Hours: [Dollar Amount] per hour.
  • Overtime: [Dollar Amount] per hour.
  • After-Hours: [Dollar Amount] per hour.
  • Emergency Call-Out: [Dollar Amount].
• Sales Tax: Sales tax will be applied to taxable labor and materials as required by South Carolina Department of Revenue. Current tax rate is [Percentage]%.
• Invoicing: Invoices will be issued [Frequency, e.g., monthly, per occurrence].
• Payment Terms: Payment is due within [Number] days of the invoice date.
• Late Payment Penalties: Late payments will be subject to a penalty of [Percentage]% per month, or the maximum rate allowed by South Carolina law, whichever is lower.

9. Warranty and Workmanship Guarantees

• Contractor warrants its workmanship for a period of [Number] [Time Period, e.g., days, months] from the date of service completion.
• This warranty does not cover damage resulting from misuse, neglect, or third-party interference.
• Warranty claims must be submitted in writing to Contractor within the warranty period.

10. Reporting and Record-Keeping

Contractor shall maintain:

• Maintenance logs.
• Inspection reports.
• Service completion records.

Contractor shall provide copies of these records upon request by Client or regulatory agencies within [Number] days of the request.

11. Subcontractor Usage

• Contractor shall obtain Client's prior written approval before using any subcontractors.
• Contractor shall verify that all subcontractors hold valid South Carolina licenses and insurance.
• Contractor shall be responsible for the performance of all subcontractors.

12. Confidentiality and Data Protection

Contractor shall maintain the confidentiality of all Client property information, security system details, and tenant data.

13. Unforeseen or Additional Work

• All unforeseen or additional work requires a written change order approved by Client before work commences.
• The change order must specify the scope of the additional work and the associated costs.

14. Hazardous Conditions and Materials

In the event of hazardous conditions or materials, Contractor shall:

• Immediately cease work.
• Notify Client and the appropriate authorities, including South Carolina DHEC, if required.
• Comply with all applicable regulations for handling and remediation.

15. Dispute Resolution

Any disputes arising under this Agreement shall be resolved through:

• Negotiation.
• Mediation (if negotiation fails).
• Arbitration or litigation in South Carolina courts (if mediation fails).

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

16. Contract Term and Renewal

• Start Date: [Date]
• Initial Term: [Number] [Time Period, e.g., months, years]
• Renewal: This Agreement shall [Automatically Renew/Not Automatically Renew] for successive terms of [Number] [Time Period, e.g., months, years] unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Month-to-Month: Upon expiration of the initial or any renewal term, this agreement shall [Continue/Not Continue] on a month-to-month basis until terminated by either party as provided herein.

17. Termination

• Termination for Cause: Either party may terminate this Agreement for cause upon written notice to the other party. Cause includes, but is not limited to: non-payment, unsafe practices, or breach of applicable law.
• Termination for Convenience: Either party may terminate this Agreement for convenience upon [Number] days written notice to the other party.
• Mutual Agreement: This agreement may be terminated by mutual written agreement of both parties.
• Regulatory Mandate: This agreement may be terminated due to a regulatory mandate.

Upon termination, Contractor shall settle all outstanding invoices, return all Client property, and transfer all relevant documentation, such as service logs and maintenance histories, to Client.

18. Liability and Indemnification

Contractor's liability for damages, delays, non-performance, or property damage shall be limited to [Dollar Amount].

Contractor shall indemnify and hold Client harmless from any losses arising from Contractor's negligence or willful misconduct.

19. Force Majeure

Neither party shall be liable for delays or failures to perform due to force majeure events, including but not limited to acts of God, war, terrorism, or natural disasters. The affected party must provide prompt written notice of such event and make reasonable efforts to mitigate the delay.

20. Non-Solicitation/Non-Compete

• [Include only if compliant with South Carolina law. Consult with an attorney.]
• During the term of this Agreement and for a period of [Number] [Time Period, e.g., months, years] thereafter, Contractor shall not solicit or attempt to solicit any employees or customers of Client within a [Number] mile radius of [Service Address].

21. Compliance with South Carolina Ordinances

Contractor shall comply with all applicable South Carolina state and municipal ordinances, including those for rental properties or commercial premises in [City/County, e.g., Charleston, Columbia, Greenville].

• Contractor holds the required business licenses for [City/County]: [List License Numbers].

22. Notarization/Witnessing

• [Notarization/Witnessing] is [Required/Not Required] for this Agreement. If required, the parties shall execute this Agreement before a notary public or qualified witness.

23. Miscellaneous

• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Amendments: Any amendments to this Agreement must be in writing and signed by both parties.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

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

____________________________
[Contractor Full Legal Name]

By: ____________________________
[Contractor Printed Name]

Title: [Contractor Title]

____________________________
[Client Full Legal Name]

By: ____________________________
[Client Printed Name]

Title: [Client Title]