Wisconsin maintenance service contract template

Wisconsin Maintenance Service Contract

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

[Service Provider Full Legal Name], a [Service Provider Business Structure, e.g., Wisconsin LLC] with its principal place of business at [Service Provider Business Address], hereinafter referred to as "Service Provider," and

[Client Full Legal Name], a [Client Business Structure, e.g., Wisconsin Corporation/Individual] with its principal place of business/residence at [Client Business Address], hereinafter referred to as "Client."

WHEREAS, Service Provider is engaged in the business of providing maintenance services; and

WHEREAS, Client desires to engage Service Provider to provide certain maintenance services as described herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Scope of Services

Option A: General Description

Service Provider shall provide the following maintenance services ("Services") at [Property Address]: [Detailed Description of Services, e.g., Preventative maintenance on HVAC system, including filter changes, coil cleaning, and system testing.]

Option B: Equipment/System Specific

Service Provider shall provide the following maintenance services ("Services") on the following equipment/system(s) at [Property Address]:

[Equipment/System 1 Name], Serial Number: [Serial Number 1] - [Specific Services for Equipment 1]

[Equipment/System 2 Name], Serial Number: [Serial Number 2] - [Specific Services for Equipment 2]

Option C: Service Level Agreement (SLA)

Service Provider shall provide maintenance services according to the attached Service Level Agreement (SLA), which is incorporated herein by reference. [Attach SLA document.]

2. Service Frequency and Schedule

Option A: Fixed Schedule

Services shall be performed [Frequency, e.g., Monthly, Quarterly, Annually] on the [Day of Week/Month, e.g., First Monday of Each Month] between the hours of [Start Time] and [End Time].

Option B: On-Demand

Services shall be performed on an as-needed basis, upon Client's request, subject to Service Provider's availability. Service Provider shall respond to service requests within [Number] hours.

Option C: Hybrid

Preventative maintenance shall be performed [Frequency], and emergency repairs shall be performed on-demand with a response time of [Number] hours.

3. Exclusions

Option A: Standard Exclusions

The following are excluded from the scope of Services:

Damage caused by vandalism, misuse, or neglect.

Repairs necessitated by pre-existing conditions not disclosed to Service Provider.

Replacement of consumable items (e.g., light bulbs, fuses, batteries) unless otherwise specified.

Modifications to equipment or systems.

Option B: Client Responsibilities

Client is responsible for:

Providing all necessary utilities (e.g., electricity, water).

Ensuring a safe working environment for Service Provider's personnel, consistent with Wisconsin Occupation Safety and Health (OSH) statutes.

Disclosing any known hazards or existing system defects.

Option C: Specific Exclusions

The following items are explicitly excluded: [List Specific Exclusions, e.g., Roof repairs, plumbing clogs due to foreign objects]

4. Compensation and Payment

Option A: Fixed Price

Client shall pay Service Provider a fixed price of [Dollar Amount] per [Time Period, e.g., month, quarter, year] for the Services. This price includes all labor and materials unless otherwise specified.

Option B: Time and Materials

Client shall pay Service Provider at the rate of [Dollar Amount] per hour for labor, plus the actual cost of all materials. A detailed invoice will be provided for each service call.

Option C: Recurring Fee

Client shall pay a recurring monthly fee of [Dollar Amount]. Emergency call-out fees are [Dollar Amount] per call.

Payment Terms:

Payment is due within [Number] days of the invoice date.

A late payment fee of [Percentage]% per month will be assessed on any unpaid balance after [Number] days, consistent with Wisconsin statutes.

Service Provider may suspend services for non-payment.

Wisconsin sales tax will be added to all invoices, as applicable.

5. Term and Termination

Option A: Fixed Term

This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Months/Years], expiring on [End Date].

Option B: Automatic Renewal

This Agreement shall automatically renew for successive [Number] [Months/Years] terms unless either party provides written notice of non-renewal at least [Number] days prior to the end of the then-current term.

Option C: Termination for Cause

Either party may terminate this Agreement for cause upon [Number] days written notice if the other party materially breaches this Agreement.

Option D: Termination for Convenience

Client may terminate this Agreement for convenience with [Number] days written notice. In such case, Client shall pay Service Provider for all services performed up to the date of termination plus [Dollar Amount or Formula].

6. Insurance

Service Provider shall maintain the following insurance coverage:

General Liability Insurance: [Dollar Amount] per occurrence.

Workers' Compensation Insurance: As required by the Wisconsin Worker's Compensation Act.

Commercial Auto Insurance: [Dollar Amount] combined single limit.

Client has the right to request current insurance certificates.

7. Warranty

Option A: Labor and Parts

Service Provider warrants its labor for a period of [Number] [Days/Months] from the date of service. Parts are warranted according to the manufacturer's warranty.

Option B: No Warranty

Service Provider provides no warranty for its services beyond performing them in a workmanlike manner.

Option C: Extended Warranty

Service Provider warrants the labor and parts to be free of defects for a period of [Number] [Days/Months] from the date of service, subject to normal wear and tear.

This warranty is void if the equipment or system is misused, altered, or repaired by anyone other than Service Provider.

8. Compliance with Laws

Service Provider shall comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to Wisconsin environmental regulations, fire safety codes, and electrical codes.

Service Provider holds all required Wisconsin contractor or specialty licenses, specifically [List License Type(s) and Number(s)].

9. Dispute Resolution

Any dispute arising out of or relating to this Agreement shall be resolved as follows:

First, the parties shall attempt to resolve the dispute through good-faith negotiation.

If negotiation fails, the parties shall submit the dispute to mediation in [County Name] County, Wisconsin.

If mediation fails, the parties may pursue arbitration or litigation in the state courts of Wisconsin, applying Wisconsin law. Venue shall be in [County Name] County, Wisconsin.

10. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including but not limited to acts of God, severe weather, utility outages, labor strikes, civil authority actions, or pandemics. The affected party shall provide written notice to the other party within [Number] days of the occurrence of such event.

11. Limitation of Liability

In no event shall Service Provider be liable for any consequential, incidental, indirect, or special damages arising out of or relating to this Agreement, even if Service Provider has been advised of the possibility of such damages.

Service Provider's total liability under this Agreement shall not exceed [Dollar Amount].

12. Indemnification

Service Provider shall indemnify and hold harmless Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to Service Provider's negligence or noncompliance with this Agreement.

Client shall indemnify and hold harmless Service Provider from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to unsafe site conditions caused by Client.

13. Assignment

Neither party may assign this Agreement without the prior written consent of the other party.

14. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

15. Amendment

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

16. Severability

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

17. Notices

All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by electronic mail (with confirmation of receipt) to the addresses set forth above.

18. Governing Law

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

19. Consumer Rights and Disclosures

For residential maintenance contracts, Client has cancellation rights as specified under Wisconsin's Home Improvement Practices Code. See Wis. Admin. Code ATCP 110.

Client has the right to withhold payments for incomplete or defective work. Service Provider shall provide compliant mechanics lien waivers under Wisconsin law.

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

[Service Provider Full Legal Name]

By: [Service Provider Name]

Title: [Service Provider Title]

[Client Full Legal Name]

By: [Client Name]

Title: [Client Title]