Texas maintenance service contract template

Texas Maintenance Service Agreement

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

• [Service Provider Legal Name], a [State] [Entity Type] with its principal place of business at [Service Provider Business Address] ("Service Provider"), and
• [Client Legal Name], a [State] [Entity Type] with its principal place of business at [Client Business Address] ("Client").

1. Scope of Services

• Option A: The Service Provider shall provide maintenance services for the following property/equipment located at [Service Location]:
  • [Asset List, including serial numbers and access locations]
• Option B: The Service Provider shall provide maintenance services as described in Exhibit A (Scope of Work).
• Option C: The services will be for the following facility/site locations:
  • [List of locations to be serviced]

2. Types and Frequency of Maintenance

• Option A: The Service Provider shall provide the following maintenance services:
  • Preventive Maintenance: [Frequency and task list, e.g., monthly inspections]
  • Corrective Maintenance: As needed, based on Client notification.
  • Emergency Maintenance: 24/7 availability.
• Option B: The Service Provider shall provide maintenance services as described in Exhibit B (Maintenance Schedule). This includes services relating to [Industry Standards, e.g., ANSI standards, Texas electrical codes].
• Option C: The types of maintenance include:
  • Routine Inspections
  • Cleaning
  • Testing
  • Repairs
  • Component Replacement

3. Service Schedules and Response Times

• Option A: Regular Business Hours: Monday-Friday, [Start Time] - [End Time]. Emergency Response Time: [Time Frame].
• Option B: Service Schedule: As detailed in Exhibit C (Service Level Agreement).
• Option C:
  • Business Hours: [Days of Week], [Hours of Operation]
  • After-Hours Service: Available on call; response within [Time Frame].
  • Weekend/Holiday Service: Available on call; response within [Time Frame].

4. Client Responsibilities

• Option A: The Client shall provide access to the property/equipment, ensure a safe working environment, and provide necessary utilities (e.g., electricity, water).
• Option B: Client Responsibilities:
  • Provide pre-service preparation as outlined in Exhibit D.
  • Provide access to the site as needed.
  • Maintain service logs.
  • Designate a contact person: [Contact Name] at [Contact Information].
• Option C: The Client is responsible for removing or mitigating safety hazards prior to service provider entry.

5. Service Provider Responsibilities

• Option A: The Service Provider shall comply with all applicable Texas laws and regulations, including licensing and insurance requirements. Service Provider must have [TDLR License Type].
• Option B: Service Provider shall maintain the following:
  • Professional Liability Insurance: [Amount]
  • General Liability Insurance: [Amount]
  • Worker's Compensation Insurance: As required by Texas law.
• Option C: The Service Provider is responsible for technician certification and compliance with all relevant Texas regulations.

6. Regulatory Compliance

• Option A: The Service Provider shall comply with all applicable Texas state and local regulations, including environmental rules and disposal of hazardous materials, as regulated by the Texas Commission on Environmental Quality.
• Option B: The Service Provider is responsible for obtaining and maintaining all required permits, including:
  • [List of Required Permits]
• Option C: Compliance includes adherence to Texas permitting and reporting mandates.

7. Safety and Indemnity

• Option A: The Service Provider shall comply with all applicable OSHA and Texas safety regulations.
• Option B: Safety Protocols:
  • Use of proper PPE.
  • Drug/alcohol testing policy: [Specify policy or state "N/A"].
  • Accident/Incident reporting procedures as required by Texas statutes.
• Option C: The Service Provider agrees to indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs and expenses (including attorney's fees) arising out of or relating to the Service Provider's performance of this Agreement. Indemnification is subject to the limits of the Texas Oilfield Anti-Indemnity Act, if applicable.

8. Service Reporting

• Option A: The Service Provider shall provide a written report to the Client within [Time Frame] of each service visit, documenting work performed, parts used, and site condition notes.
• Option B: Reporting Requirements:
  • Digital completion reports.
  • Signed completion reports.
• Option C: Reports will document all work performed, including parts used, and any unusual site conditions.

9. Warranties and Guarantees

• Option A: The Service Provider warrants its workmanship for a period of [Time Frame] from the date of service.
• Option B: Warranty Information:
  • Expressly disclaims all implied warranties to the extent permitted by Texas law.
  • Materials are warrantied per the manufacturer's warranty.
• Option C: Guarantees for workmanship and supplied materials, subject to Texas law.

10. Pricing and Payment Terms

• Option A: The Client shall pay the Service Provider at the rate of [Dollar Amount] per hour, plus the cost of parts.
• Option B: Payment Terms:
  • Unit Rates: [Specify]
  • Flat Fees: [Specify]
  • Minimum Call-Out Charge: [Dollar Amount]
  • Overtime/Holiday Surcharge: [Percentage]
  • Parts Mark-Up: [Percentage]
  • Billing Interval: [e.g., monthly]
  • Payment Deadline: [Number] days from invoice date. Late payments are subject to an interest rate of [Percentage] per month, or the maximum rate allowed by Texas usury laws, whichever is lower.
  • Permitted Forms of Payment: [List]
• Option C: Retainer/Deposit: [Dollar Amount/Percentage] due upon signing of this Agreement. All prices are subject to applicable Texas sales/use tax.

11. Record Ownership and Confidentiality

• Option A: Service and maintenance records are the property of the Client.
• Option B: Confidentiality:
  • The Service Provider shall maintain the confidentiality of all Client information.
  • Data retention terms: [Specify] compliant with Texas statutory privacy and business recordkeeping laws.
  • Upon termination, the Service Provider shall return or destroy all confidential information.
• Option C: Data Retention Policy: [Length of Time]

12. Remedies for Non-Performance

• Option A: If the Service Provider fails to perform the services as agreed, the Client may terminate the Agreement.
• Option B: Remedies:
  • Non-performance penalties: [Specify]
  • Liquidated damages: [Specify]
  • Client notification and cure period: [Number] days.
• Option C: Specific damages may be assessed for late, incomplete, or substandard service delivery.

13. Termination

• Option A: This Agreement may be terminated by either party upon [Number] days written notice.
• Option B: Grounds for Termination:
  • Breach of contract.
  • Insolvency.
  • Force Majeure.
  • Mutual Agreement.
  • For Convenience.
• Option C: Transition of ongoing work upon termination must comply with Texas law.

14. Subcontractors

• Option A: The Service Provider may not subcontract any of the services without the prior written consent of the Client.
• Option B: Subcontractor Requirements:
  • Subcontractors must meet the same insurance and licensing obligations as the Service Provider.
  • The Service Provider is fully liable for the acts and omissions of its subcontractors.
• Option C: All subcontractors must be approved in writing by the Client.

15. Lien Rights and Waivers

• Option A: The Service Provider agrees to waive any lien rights upon full payment for services rendered.
• Option B: Lien Rights:
  • Addressing potential mechanic's or materialman's lien filings.
  • Procedures for partial and final lien waivers upon payment as required by Texas law.
• Option C: All lien waivers will comply with Texas law.

16. Governing Law and Dispute Resolution

• Option A: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
• Option B: Dispute Resolution:
  • Exclusive jurisdiction: [County] County, Texas.
  • Tiered dispute resolution: Negotiation, then mediation, then binding arbitration or litigation.
• Option C: Prevailing party attorney's fees: [Specify if recoverable].

17. Compliance with Laws

• Option A: The Service Provider shall comply with all applicable Texas and federal laws.
• Option B: Compliance:
  • Texas anti-discrimination laws.
  • Immigration verification (E-Verify if required).
  • Equal opportunity employment laws.
• Option C: Service provider will comply with current Texas anti-discrimination laws for on-site service.

18. Business Continuity and Force Majeure

• Option A: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events, including severe weather, hurricanes, or floods.
• Option B: Force Majeure:
  • Impact mitigation protocols.
  • Notification protocols.
• Option C: Events specific to Texas, like hurricanes and floods, are included as force majeure events.

19. Amendment

This Agreement may be amended only by a written instrument signed by both parties.

20. Assignment

This Agreement may not be assigned or transferred by either party without the prior written consent of the other party, subject to Texas Business Code assignment restrictions.

21. Notice

All notices under this Agreement shall be in writing and delivered by [Delivery Method, e.g., certified mail, email] to the addresses set forth above.

22. Indemnification

The Service Provider shall indemnify, defend, and hold harmless the Client from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Service Provider's performance of this Agreement. Subject to the Texas Oilfield Anti-Indemnity Act, if applicable.

23. Severability

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

24. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

25. Exhibits

• Exhibit A: Scope of Work
• Exhibit B: Maintenance Schedule
• Exhibit C: Service Level Agreement
• Exhibit D: Client Pre-Service Responsibilities
• [Any other applicable exhibits, such as insurance certificates, asset inventories, safety policies, or client policies.]

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

[Service Provider Legal Name]

By: [Service Provider Authorized Name]

Title: [Service Provider Title]

[Client Legal Name]

By: [Client Authorized Name]

Title: [Client Title]