West Virginia maintenance service contract template

West Virginia Maintenance Service Contract

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

1. Contact Information:

• Service Provider:
  • Name: [Service Provider Name]
  • Address: [Service Provider Address]
  • Phone: [Service Provider Phone]
  • Email: [Service Provider Email]
• Client:
  • Name: [Client Name]
  • Address: [Client Address]
  • Phone: [Client Phone]
  • Email: [Client Email]

2. Service Location and Access:

• The maintenance services will be provided at the following location(s): [Property Address(es)].
• Property Access Protocols: [Detailed description of how the Service Provider will access the property. Include information such as key access, security codes, or designated contact person. Note any specific West Virginia requirements regarding notice or security.]

3. Scope of Services:

• Option A: Comprehensive Maintenance: [Detailed list of all maintenance services included, e.g., preventive maintenance, corrective repairs, equipment inspection, facility cleaning, groundskeeping, landscaping, HVAC servicing, plumbing, electrical work. Be specific.]
• Option B: Limited Maintenance: [List of specific maintenance services included. Be specific.]
• Service Schedule: [Detailed schedule for each service to be performed, including frequency (e.g., daily, weekly, monthly, annually) and specific dates if applicable. Note any West Virginia legal requirements related to service frequency.]

4. Materials, Tools, and Parts:

• Materials/Tools/Parts Supplied by Service Provider: [List all materials, tools, and parts to be supplied by the Service Provider.]
• Materials/Tools/Parts Supplied by Client: [List all materials, tools, and parts to be supplied by the Client.]
• Replacement Parts: [Specify the standard for replacement parts (e.g., OEM or equivalent). Clarify that all maintenance and repairs comply with relevant West Virginia building, safety, and environmental codes.]

5. West Virginia Licensing and Certifications:

• The Service Provider warrants that it holds all necessary West Virginia state licenses and certifications required to perform the services described herein, including compliance with West Virginia Board of Contractors rules, specifically [List specific licenses/certifications, e.g., WV Contractor License #, HVAC certification].
• The Service Provider warrants that all personnel performing services under this Contract are properly trained and certified where applicable.

6. Service Performance Metrics:

• Response Time: [Specify the response time for service requests (e.g., within 24 hours).]
• On-Site Arrival Timeframe: [Specify the timeframe for on-site arrival (e.g., within 48 hours of request).]
• Completion Deadlines: [Specify deadlines for completion of various maintenance tasks.]
• Maintenance Logs: [Specify how maintenance logs will be kept and made accessible to the Client for compliance review.]

7. Reporting and Recordkeeping:

• The Service Provider will provide the Client with maintenance reports according to the following schedule: [Specify frequency, e.g., monthly, quarterly].
• Content of Reports: [Specify the content of the maintenance reports (e.g., work performed, materials used, time spent, problems identified).]
• Record Retention: [Specify the period for which maintenance records will be retained (e.g., 3 years) in compliance with West Virginia business practice standards.]

8. Client Responsibilities:

• Site Access: The Client will provide the Service Provider with reasonable access to the service location(s).
• Hazardous Conditions: The Client will provide advance notice of any hazardous conditions at the service location(s).
• Availability During Service: The Client will be available during service to answer questions or provide assistance as needed.
• Permitting and Inspection Costs: The Client is responsible for the payment of any permitting or inspection costs required by West Virginia law.

9. Safety and Compliance:

• The Service Provider will adhere to all applicable OSHA and West Virginia Division of Labor safety regulations.
• Hazardous Materials Handling: [Describe the procedures for hazardous materials handling.]
• Emergency Protocols: [Describe the protocols for dealing with emergency situations on-site.]

10. Fees and Payment:

• Option A: Flat Rate: The total fee for the services described herein is [Dollar Amount] per [Time Period, e.g., month, year].
• Option B: Time and Materials: The hourly rate for services is [Dollar Amount], plus the cost of materials.
• Option C: Scheduled Payments: [Describe the payment schedule.]

• Applicable Taxes: [List all applicable West Virginia state and local taxes.]
• Payment Deadline: Payment is due within [Number] days of the invoice date.
• Method of Payment: [Specify acceptable methods of payment, e.g., check, credit card, electronic transfer].
• Invoicing: Invoices will be delivered [Specify delivery method, e.g., electronically, via mail] on a [Specify frequency, e.g., monthly] basis. Compliance with West Virginia prompt payment laws is required.

11. Change Orders:

• All changes to the scope of services must be documented in a written change order signed by both parties.
• Change Order Procedure: [Detail the steps for submitting, approving, and documenting change orders, including cost adjustment method and updated timeline documentation.]
• Compliance: Change order process must comply with West Virginia contract modification requirements.

12. Insurance:

• The Service Provider will maintain the following insurance coverage:
  • General Liability: [Coverage Amount]
  • Workers’ Compensation: As required by West Virginia Code.
  • Property Damage: [Coverage Amount]
  • [Other Required Insurance]: [Coverage Amount]
• The Service Provider will provide the Client with proof of insurance upon request and maintain up-to-date certification.

13. Indemnification:

• [Clearly specify each party's liability for third-party claims or damages related to the services provided under this Contract. Address West Virginia nuisance and liability statutes relevant to maintenance activities.]

14. Warranty:

• The Service Provider warrants that all services will be performed in a professional and workmanlike manner.
• Option A: Limited Warranty: The warranty period is [Number] days from the date of completion.
• Option B: Extended Warranty: The warranty period is [Number] months from the date of completion.
• Warranty Coverage: [Specify the scope of the warranty, including what is covered and what is not.]
• Exclusions: [List any exclusions from the warranty, such as normal wear, misuse, or unauthorized client modifications.]
• Remedial Action: [Describe the process for addressing warranty claims.] Compliant with West Virginia implied warranty law.

15. Inspection and Acceptance:

• Upon completion of the services, the Client will have [Number] days to inspect the work.
• Rejection: If the Client rejects the work, the Client must provide the Service Provider with a written list of deficiencies. Timeline for rejection should be specified.

16. Delays and Interruption:

• The Service Provider will not be liable for delays or interruptions caused by force majeure events, weather events common to West Virginia, or other events beyond its reasonable control.
• Rescheduling: [Describe the procedures for rescheduling service due to delays or interruptions.]

17. Term and Termination:

• Option A: Fixed Term: This Contract will commence on [Start Date] and terminate on [End Date].
• Option B: Auto-Renewal: This Contract will automatically renew for successive [Time Period, e.g., one-year] terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
• Termination for Cause: Either party may terminate this Contract for cause upon [Number] days written notice to the other party.
• Termination for Convenience: The Client may terminate this Contract for convenience upon [Number] days written notice to the Service Provider.
• Final Inspection and Payment: Upon termination, a final inspection will be conducted, and any outstanding balances will be paid within [Number] days. Ensure compliance with West Virginia law regarding advance notice for termination.

18. Confidentiality:

• The Service Provider will maintain the confidentiality of all Client property and data.
• Access Codes: The Service Provider will not share any access codes or proprietary information.
• Records Retention and Destruction: The Service Provider will comply with all relevant West Virginia privacy laws regarding records retention and destruction.

19. Intellectual Property:

• Ownership of Maintenance Records: All maintenance records and technical plans remain the property of the Client, unless otherwise agreed in writing.
• Custom Solutions: [Specify ownership of any custom solutions arising out of the Contract.]

20. Dispute Resolution:

• Negotiation: The parties will first attempt to resolve any disputes through good-faith negotiation.
• Mediation/Arbitration: If negotiation fails, the parties will attempt to resolve the dispute through [Mediation or Arbitration].
• Governing Law: This Contract is governed by the laws of the State of West Virginia, and jurisdiction is proper in [State or local courts].

21. Compliance with West Virginia Law:

• The Service Provider warrants that it is in compliance with all relevant West Virginia consumer protection statutes and business licensing requirements, including local municipal codes and county-level regulations.
• Ongoing Compliance: The Service Provider warrants ongoing compliance with all applicable laws and regulations.

22. Notification:

• Written Notice Addresses:
  • Service Provider: [Service Provider Address]
  • Client: [Client Address]
• Permissible Formats: [Specify permissible formats for written notice, e.g., electronic or physical mail]
• Acknowledgement: [Specify acknowledgement rules for notifications.]

23. Subcontracting:

• The Service Provider will not subcontract any of the services described herein without the prior written consent of the Client.
• Subcontractor Requirements: Any subcontractor must meet all relevant West Virginia licensing and insurance requirements.

24. Lien Waivers:

• The Service Provider will provide lien waivers or mechanic’s lien notifications as necessary under West Virginia law following performance of work.

25. Assignment:

• Neither party may assign this Contract without the express written approval of the other party. Assignment must comply with all West Virginia statutory requirements.

26. Non-Solicitation/Non-Compete (Optional):

• [Include a non-solicitation or non-compete clause if relevant, ensuring compliance with West Virginia enforceability standards.]

27. Entire Agreement:

• This Contract constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written. No oral modifications are permitted. All amendments must be in writing and signed by both parties, per West Virginia contract law.

28. Severability:

• If any provision of this Contract is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect as required by applicable West Virginia statute.

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

____________________________

[Service Provider Name]

By: [Signature]

Name: [Printed Name]

Title: [Title]

____________________________

[Client Name]

By: [Signature]

Name: [Printed Name]

Title: [Title]