Utah maintenance service contract template

Utah Maintenance Service Contract

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

[Service Provider's Full Legal Name], a [Service Provider's Business Entity Type (e.g., Utah LLC, Corporation)], with its principal place of business at [Service Provider's Full Address] and, if applicable, registered agent [Registered Agent's Name] at [Registered Agent's Address] ("Service Provider"), and

[Client's Full Legal Name], a [Client's Business Entity Type (e.g., Individual, Utah Corporation)], with its principal place of business at [Client's Full Address] ("Client").

Service Provider and Client are each referred to herein as a "Party" and collectively as the "Parties".

1. Scope of Services

Service Provider agrees to provide the following maintenance services ("Services") to Client at the property located at [Property Address]:

Option A: Comprehensive Maintenance

• Including all systems and equipment as detailed in Exhibit A.

Option B: Limited Maintenance

• Including only the following systems/equipment: [List Specific Systems/Equipment, e.g., HVAC System (Make: [Make], Model: [Model]), Plumbing System, Electrical System].
• Service intervals: [Specify Service Intervals, e.g., Quarterly, Monthly, On-Demand].

Option C: Scheduled Maintenance

• As per the schedule detailed in Exhibit B.

Service Standards: All services shall be performed in accordance with industry best practices and relevant Utah codes, including the International Building Code as adopted by Utah and requirements of the Utah Division of Occupational and Professional Licensing.

2. Description of Work

Service Provider shall perform the following tasks as part of the Services:

Option A: Preventive Maintenance

• Including tasks listed in Exhibit C.

Option B: Emergency Repairs

• Service Provider will respond to emergency repair requests within [Number] hours. Exclusions: [List Exclusions, e.g., repairs exceeding $[Amount], acts of God].

Option C: Client Obligations

• Client shall provide access to equipment, maintain operating logs, and ensure the work area is safe and accessible.
• Client is responsible for [Client Responsibilities, e.g., providing water supply for landscaping].

Maximum downtime allowed per incident: [Number] hours.

3. Licensing and Compliance

Service Provider represents and warrants that it:

Option A: Possesses all required licenses and permits in the State of Utah to perform the Services, including Utah contractor license number [License Number].

Option B: Maintains all necessary insurance coverages, including general liability insurance of $[Amount], workers' compensation insurance in compliance with Utah Labor Commission mandates, and vehicle insurance for on-site work. Certificates of insurance are attached as Exhibit D.

Complies with all applicable health, safety, and OSHA regulations as enforced in Utah.

Has established site-specific safety protocols, attached as Exhibit E, and will promptly report any injuries or accidents.

4. Materials and Parts

Responsibilities for materials and parts are as follows:

Option A: Included Materials

• Consumables and materials listed in Exhibit F are included in the base price.

Option B: Replacement Parts

• Warranty responsibilities for installed parts are detailed in Exhibit G.

Option C: Sourcing and Markup

• Service Provider will obtain Client authorization before sourcing parts exceeding $[Amount]. Allowable markup on parts: [Percentage]%.

5. Schedule

The schedule for Services is as follows:

Option A: Routine Maintenance

• Routine maintenance will be performed at intervals specified in Exhibit B.

Option B: Access

• Mutually agreed windows for access will be scheduled [Number] days in advance.

Option C: Emergency Service

• Emergency response time commitment: [Number] hours.

Procedures for rescheduling or delays: [Detailed Procedure, including force majeure provisions consistent with Utah law].

6. Payment Terms

Payment for Services shall be as follows:

Option A: Fee Structure

• [Choose One: Flat-rate of $[Amount] per [Time Period], Per-call fee of $[Amount], Hourly rate of $[Amount], Recurring/retainer fee of $[Amount] per [Time Period]].

Option B: Rates

• Standard service rate: $[Amount]. Emergency service rate: $[Amount].

Option C: Schedule and Interest

• Invoice issuance deadline: [Date]. Maximum payment period: [Number] days. Late payment interest: [Percentage]%, as regulated by Utah Code Ann. § 15-1-1 et seq.].

Utah sales and use taxes: [Specify tax rate and any exemptions, including required certificate compliance].

7. Performance and Quality Standards

Performance and quality standards are as follows:

Option A: Acceptance Criteria

• Measurable acceptance criteria are defined in Exhibit H.

Option B: Reporting

• Service Provider will provide reports and documentation as specified in Exhibit I.

Option C: Disputes

• Procedures for disputed or non-conforming service: [Detailed Procedure, consistent with Utah consumer protection laws].

8. Intellectual Property and Data Ownership

Ownership of service records, diagnostic reports, and proprietary maintenance processes: [Specify Ownership, and adhere to Utah business confidentiality laws and trade secret statutes].

Retention, return, and deletion of data upon contract end: [Specify Procedures].

9. Confidentiality

Both Parties shall maintain the confidentiality of proprietary information.

• Adherence to Utah Uniform Trade Secrets Act is required.
• Compliance with data privacy regulations for client/customer/tenant information is required.

10. Subcontracting

• Service Provider shall not subcontract any Services without prior written approval from Client.
• Subcontractor licensing, insurance, and compliance with Utah-specific employment standards must be verified.
• Service Provider is responsible for all work performed by subcontractors.

11. Liability and Indemnification

• Service Provider shall indemnify Client for property damage or personal injury, except for Client's negligence.
• Limitation of Service Provider liability: [Specify Limitations, consistent with Utah court precedent and public policy exclusions].

12. Warranty

• Warranty terms for services and materials: [Specify Duration and Scope, as per Utah law].
• Processes for invoking warranty service: [Detailed Procedure].

13. Contract Modification

• All modifications, change orders, and scope adjustments must be in writing and signed by authorized representatives of both Parties.

14. Dispute Resolution

• Disputes shall be resolved through negotiation and mediation before Utah-based arbitration or court litigation.
• Governing law: The laws of the State of Utah shall govern this Agreement. Venue: [Specify County, e.g., Salt Lake County, Utah].
• Compliance with Utah consumer protection, fair debt collection, and mechanics’ lien notice requirements is required where applicable.

15. Term and Termination

Option A: Term

• This Agreement shall commence on [Start Date] and continue for a term of [Number] [Choose One: months, years].

Option B: Renewal

• [Choose One: This Agreement shall automatically renew for successive [Number] [Choose One: month, year] terms unless either Party provides written notice of non-renewal at least [Number] days prior to the end of the then-current term. / This Agreement will not automatically renew.]

Option C: Termination

• Termination for cause: [Specify Conditions and Notice/Cure Periods, including statutory requirements].
• Termination for convenience: [Specify Notice Period].

16. Regulatory Compliance

Compliance with all applicable regulatory obligations, including those related to hazardous materials, environmental protection, and waste disposal, as required by the Utah Department of Environmental Quality.

17. Non-Solicitation/Non-Competition

[Specify Non-Solicitation/Non-Competition Restrictions, consistent with Utah's Post-Employment Restrictions Act].

18. Nondiscrimination

Service Provider shall not discriminate in employment or service delivery, referencing Utah’s Antidiscrimination Act as appropriate.

19. Force Majeure

Force majeure events: [Specify Events, consistent with Utah law].

20. Background Checks

[Specify Background Check Requirements, if applicable].

21. Attachments and Exhibits

The following exhibits are attached and incorporated into this Agreement:

• Exhibit A: Description of Covered Systems/Equipment
• Exhibit B: Maintenance Schedule
• Exhibit C: Preventive Maintenance Tasks
• Exhibit D: Certificates of Insurance
• Exhibit E: Site-Specific Safety Protocols
• Exhibit F: List of Included Materials
• Exhibit G: Warranty Responsibilities for Parts
• Exhibit H: Measurable Acceptance Criteria
• Exhibit I: Reporting and Documentation Deliverables
• Exhibit J: Copies of Licenses

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

[Service Provider's Full Legal Name]

By: [Authorized Representative's Printed Name]

Title: [Authorized Representative's Title]

Signature: ____________________________

[Client's Full Legal Name]

By: [Authorized Representative's Printed Name]

Title: [Authorized Representative's Title]

Signature: ____________________________