Tennessee maintenance service contract template

Tennessee Maintenance Service Contract

This Tennessee Maintenance Service Contract (the "Agreement") is made and entered into as of [Date] by and between [Service Provider Name], located at [Service Provider Address] ("Service Provider") and [Client Name], located at [Client Address] ("Client").

1. Scope of Services

Option A: General Maintenance

The Service Provider shall provide general maintenance services as described in Exhibit A.

Option B: Specific Maintenance

The Service Provider shall provide the following specific maintenance services: [Describe Specific Maintenance Services].

This includes, but is not limited to:

[Task 1]

[Task 2]

[Task 3]

Option C: Exclusions

The following services are explicitly excluded from this Agreement: [List Excluded Services].

2. Provider Qualifications, Licenses, and Insurance

Option A: Licensing and Registration

The Service Provider represents and warrants that it possesses all necessary licenses and business registrations required to perform the services under this Agreement in the State of Tennessee, including but not limited to [Specific License Types, e.g., HVAC Contractor License #].

Option B: Insurance

The Service Provider shall maintain the following insurance coverage:

General Liability Insurance: [Amount]

Workers' Compensation Insurance: As required by Tennessee law.

Automobile Liability Insurance: [Amount]

The Service Provider shall provide Client with certificates of insurance upon request.

Option C: Background Checks

All Service Provider personnel entering Client premises shall undergo and pass a background check in compliance with Tennessee law.

3. Worksite Access

Option A: Access

The Client shall provide the Service Provider with safe and timely access to the premises as required to perform the services.

Option B: Utilities

The Client shall provide access to necessary utilities, including electricity and water, at no cost to the Service Provider.

Option C: Site Safety

The Service Provider shall comply with all Client's site safety policies, provided such policies are communicated to the Service Provider in writing.

4. Reporting and Recordkeeping

Option A: Service Reports

The Service Provider shall provide the Client with service reports detailing the services performed.

Option B: Maintenance Logs

The Service Provider shall maintain maintenance logs, including inspection checklists, as required by Tennessee regulations for [Specify Regulated Property, e.g., Healthcare Facility].

Option C: Record Retention

All records will be retained in compliance with Tennessee record retention statutes.

5. Response Times

Option A: Routine Service

For routine service requests, the Service Provider shall respond within [Number] business days.

Option B: Urgent Service

For urgent service requests, the Service Provider shall respond within [Number] hours.

Option C: Emergency Service

For emergency service requests, the Service Provider shall respond immediately and arrive on-site within [Number] hours. After-hours protocols are outlined in Exhibit B.

6. Parts and Materials

Option A: Provider Supply

The Service Provider shall supply all necessary replacement parts.

Option B: OEM vs. Alternatives

The Service Provider will use OEM (Original Equipment Manufacturer) parts unless otherwise agreed upon in writing. Approved alternatives may be used with Client's consent.

Option C: Warranty

The Service Provider warrants all installed components for [Duration], in accordance with Tennessee's implied warranty statutes.

7. Service Fees and Payment

Option A: Fee Structure

The service fee shall be [Dollar Amount] per [Time Period, e.g., month].

Option B: Time and Materials

The service fee shall be based on time and materials, with an hourly rate of [Dollar Amount] per hour plus the cost of materials.

Option C: Additional Work Orders

Additional work orders will be billed separately at a rate of [Dollar Amount] per hour plus the cost of materials, subject to prior written approval by the Client.

Option D: Sales Tax

All applicable Tennessee state and local sales/use taxes will be added to invoices.

8. Payment Schedule

Option A: Monthly

The Client shall pay the Service Provider monthly upon receipt of invoice.

Option B: Quarterly

The Client shall pay the Service Provider quarterly upon receipt of invoice.

Option C: Payment Terms

Payment is due within [Number] days of the invoice date. Late payments will accrue interest at a rate of [Percentage] per month, not exceeding the maximum rate permitted under Tennessee law.

9. Travel and Expenses

Option A: Travel Time

Travel time will be billed at [Dollar Amount] per hour.

Option B: Mileage

Mileage will be reimbursed at the current IRS standard mileage rate.

Option C: Minimum Call-Out Fee

There is a minimum call-out fee of [Dollar Amount].

10. Service Changes

Option A: Modification Procedure

Requests for additional or reduced services must be documented in writing and approved by both parties.

Option B: Amendment

Any changes to the scope of services will be documented in a written amendment to this Agreement.

11. Term and Renewal

Option A: Fixed Term

This Agreement shall commence on [Start Date] and continue for a term of [Number] [Time Period, e.g., years], expiring on [End Date].

Option B: Auto-Renewal

This Agreement shall automatically renew for successive [Number] [Time Period, e.g., year] terms unless either party provides written notice of non-renewal at least [Number] days prior to the expiration of the then-current term.

12. Termination

Option A: Termination for Cause

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches this Agreement and fails to cure such breach within [Number] days of receiving written notice thereof.

Option B: Termination for Convenience

The Client may terminate this Agreement for convenience upon [Number] days written notice to the Service Provider.

Option C: Termination Requirements

Termination must comply with Tennessee notice requirements.

13. Transition

Option A: Record Delivery

Upon termination of this Agreement, the Service Provider shall deliver all maintenance records to the Client.

Option B: Site Access

The Service Provider shall return all site keys and access codes to the Client.

Option C: Warranty Transfer

The Service Provider shall transfer any ongoing warranties to the Client.

14. Limitation of Liability

Option A: Consequential Damages

Neither party shall be liable to the other for any consequential, incidental, indirect, or special damages arising out of or relating to this Agreement.

Option B: Direct Damages

The Service Provider's total liability under this Agreement shall not exceed the total amount paid by the Client to the Service Provider under this Agreement.

15. Indemnification

Option A: Provider Indemnification

The Service Provider shall indemnify, defend, and hold harmless the Client from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Service Provider's performance of this Agreement, including but not limited to property damage, bodily injury, or third-party claims.

16. Compliance with Laws

Option A: State and Local

The Service Provider shall comply with all applicable Tennessee and local laws, codes, safety, and environmental regulations.

Option B: Skill and Care

The Service Provider represents and warrants that all work will be performed with reasonable skill and care as required by Tennessee's implied duty of good faith and fair dealing.

17. Insurance

Option A: Coverage

The Service Provider shall maintain the following minimum insurance coverage:

General Liability: [Amount]

Workers' Compensation: As required by Tennessee law.

Option B: Certificates

The Service Provider shall provide the Client with certificates of insurance upon request, demonstrating compliance with Tennessee legal standards for insurance in service contracts.

18. Confidentiality

Option A: Information Protection

The Service Provider shall maintain the confidentiality of all proprietary information, sensitive facility data, and business operations knowledge gained during the engagement.

Option B: Legal Remedies

The Client shall be entitled to legal remedies for any breach of this confidentiality provision under Tennessee law.

19. Ownership of Data

Option A: Data Ownership

The Client retains ownership of all maintenance data and service reports.

20. Special Reporting (Regulated Industries)

Option A: Healthcare/Food/Childcare

For regulated industries such as healthcare, food, or childcare facilities, the Service Provider will comply with all special reporting and compliance practices, including any background check or qualification disclosures required in Tennessee.

21. Dispute Resolution

Option A: Governing Law

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

Option B: Venue

Any legal action arising out of or relating to this Agreement shall be brought in the appropriate state or federal court located in [County Name] County, Tennessee.

Option C: Dispute Resolution Steps

Prior to initiating any legal action, the parties shall attempt to resolve any dispute through negotiation and mediation.

22. Compliance Representations

Option A: Permits

The Service Provider represents that all permits, permissions, notifications, and government approvals needed for the maintenance services have been or will be obtained in accordance with Tennessee law.

23. Signatures

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

[Service Provider Name]

By: [Name]

Title: [Title]

[Client Name]

By: [Name]

Title: [Title]

24. Exhibits

Exhibit A: Scope of Services (Detailed)

Exhibit B: Emergency Response Protocol

Exhibit C: Service Level Agreement