Wyoming maintenance service contract template

Wyoming Maintenance Service Contract

This Wyoming Maintenance Service Contract (the "Agreement") is made and entered into as of [Date] by and between [Service Provider Name], a [Service Provider Business Type] organized and existing under the laws of Wyoming, with a principal place of business at [Service Provider Address] ("Service Provider"), and [Client Name], a [Client Business Type] organized and existing under the laws of Wyoming, with a principal place of business at [Client Address] ("Client").

Authorized Representatives:

• Service Provider: [Service Provider Representative Name], [Service Provider Representative Title], [Service Provider Representative Contact Information]
• Client: [Client Representative Name], [Client Representative Title], [Client Representative Contact Information]

1. Scope of Services

• Option A: Preventative Maintenance. Service Provider shall perform preventative maintenance on the following assets/systems/equipment located at [Location within Wyoming]: [List of Assets/Systems/Equipment]. Specific tasks and service intervals are detailed in Exhibit A.
• Option B: Corrective Repairs. Service Provider shall perform corrective repairs on the following assets/systems/equipment located at [Location within Wyoming]: [List of Assets/Systems/Equipment] as requested by Client.
• Option C: Emergency Response. Service Provider shall provide emergency response services for the following assets/systems/equipment located at [Location within Wyoming]: [List of Assets/Systems/Equipment] as described in Section 3.
• Option D: System Upgrades. Service Provider shall perform system upgrades for the following assets/systems/equipment located at [Location within Wyoming]: [List of Assets/Systems/Equipment] as mutually agreed upon in writing via change order.

2. Service Standards and Performance Expectations

• Option A: Service Provider shall perform all services in accordance with industry standards and manufacturer guidelines for the specified assets/systems/equipment.
• Option B: Service Provider shall comply with all applicable Wyoming Occupational Safety and Health Administration (OSHA) regulations and local building codes.
• Option C: Service Provider shall achieve a [Percentage]% uptime for the systems specified in Exhibit A.
• Option D: Service Provider shall adhere to manufacturer specifications as provided in [Document Name].

3. Service Schedule and Availability

• Option A: Standard Maintenance: Service Provider shall perform standard maintenance during the hours of [Start Time] to [End Time], Monday through Friday, excluding Wyoming state holidays.
• Option B: Emergency Response: Service Provider shall provide emergency response services 24 hours a day, 7 days a week. Maximum dispatch time for emergency calls is [Number] hours.
• Option C: Service Call Procedures: Client shall initiate a service call by contacting [Contact Method]. Service Provider will confirm receipt within [Number] hours.

4. Exclusions

• Option A: This Agreement excludes major upgrades or capital replacements of the covered assets/systems/equipment.
• Option B: This Agreement excludes maintenance within the following facility zones: [List of Excluded Facility Zones].
• Option C: Process for Non-Contract Items: Work or equipment not covered by this agreement will be subject to a separate quote and written approval from Client.

5. Personnel Qualifications and Licensing

• Option A: Service Provider personnel shall possess all required licenses and certifications for the services performed in Wyoming, including verification of contractor registration for relevant trades.
• Option B: Service Provider shall conduct background checks on all personnel assigned to this project.
• Option C: Subcontracted Work: All subcontracted work requires prior written approval from the Client.

6. Materials, Parts, and Equipment

• Option A: Service Provider shall supply all necessary materials, parts, and equipment as specified in Exhibit B.
• Option B: Client shall supply the following materials, parts, and equipment: [List of Materials/Parts/Equipment].
• Option C: Substitution Approval: Any substitutions of materials, parts, or equipment require prior written approval from Client.

7. Access Requirements

• Option A: Client shall provide Service Provider with safe and timely access to the premises and covered systems.
• Option B: Service Provider shall provide [Number] hours of advance notice before accessing the premises.
• Option C: Service Provider personnel shall comply with Client's workplace policies while on the premises.

8. Documentation and Reporting

• Option A: Service Provider shall maintain maintenance logs and service reports for all services performed.
• Option B: Service Provider shall provide inspection records and equipment condition summaries to Client on a [Frequency] basis.
• Option C: All documentation shall be retained according to Wyoming statutes for business recordkeeping.

9. Fees and Payment Terms

• Option A: Fee Structure: [Choose One: Flat Fee of [Dollar Amount], Per-Visit Fee of [Dollar Amount], Time and Materials (see hourly rates below), Recurring Retainer of [Dollar Amount] per [Frequency]]
• Option B: Hourly Rates: Regular Hours: [Dollar Amount] per hour; Emergency Hours: [Dollar Amount] per hour. Overtime Premium: [Percentage]%
• Option C: Payment Terms: Invoices will be submitted [Frequency]. Payment is due within [Number] days of invoice date. Late fee policy: [Description of Late Fee Policy]. Acceptable forms of payment: [List of Acceptable Payment Methods]. Client is responsible for all allowable Wyoming state taxes.

10. Intellectual Property

• Option A: Client retains ownership of all intellectual property rights to custom solutions or modifications developed under this Agreement.
• Option B: Service Provider retains ownership of pre-existing proprietary technology used in providing the services. Client is granted a license to use such technology solely for the purpose of the services provided under this Agreement.

11. Confidentiality

• Option A: Service Provider shall maintain the confidentiality of all Client information, system configurations, and proprietary repair methods.
• Option B: Service Provider shall comply with all applicable data retention and destruction protocols in compliance with Wyoming law.
• Option C: Non-Disclosure: Service Provider agrees not to disclose any confidential information to third parties without the Client's written consent.

12. Insurance

• Option A: Service Provider shall maintain the following insurance coverage: General Liability: [Dollar Amount]; Worker's Compensation: As required by Wyoming law; Automobile Liability: [Dollar Amount]; Professional Errors and Omissions: [Dollar Amount].
• Option B: Service Provider shall provide certificates of insurance to Client upon request.
• Option C: Service Provider shall provide Client with prior notification of any cancellation or material change in insurance coverage.

13. Liability and Indemnification

• Option A: Service Provider shall be liable for damages resulting from its negligent or defective work.
• Option B: Service Provider shall indemnify and hold harmless Client from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to Service Provider's performance under this Agreement, except to the extent caused by Client's negligence or willful misconduct.
• Option C: Subrogation Waiver: To the extent permitted by Wyoming law, Client waives any right of subrogation against Service Provider.

14. Warranties

• Option A: Service Provider warrants its labor for a period of [Number] days from the date of service.
• Option B: Replacement parts are warranted according to the manufacturer's warranty.
• Option C: Warranty Exclusions: This warranty does not cover damages resulting from misuse, abuse, or neglect.

15. Quality Assurance

• Option A: Client has the right to inspect the completed work.
• Option B: Client acceptance of completed work is contingent upon conformance with the service standards outlined in Section 2.
• Option C: Non-conforming services will be reworked by Service Provider at no additional cost to Client.

16. Change Orders

• Option A: Any work outside the scope of this Agreement requires a written change order approved by both parties.
• Option B: Change orders shall include a detailed description of the work, the cost, and the impact on the schedule.

17. Force Majeure

• Option A: Neither party shall be liable for delays or missed service due to force majeure events, including extreme weather events common in Wyoming.
• Option B: The affected party shall provide prompt notification of the force majeure event and take reasonable steps to mitigate the impact.

18. Term and Termination

• Option A: Term: This Agreement shall commence on [Start Date] and shall continue for a term of [Number] [Choose One: Months, Years], expiring on [End Date].
• Option B: Automatic Renewal: This Agreement shall automatically renew for successive terms of [Number] [Choose One: Months, Years] unless either party provides written notice of non-renewal at least [Number] days prior to the expiration of the then-current term.
• Option C: Termination for Cause: Either party may terminate this Agreement for cause upon [Number] days written notice of breach, if the other party fails to cure such breach within the notice period.
• Option D: Termination for Convenience: Client may terminate this Agreement for convenience upon [Number] days written notice to Service Provider. In the event of termination for convenience, Client shall pay Service Provider for all services performed and expenses incurred up to the date of termination.

19. Legal Compliance

• Option A: Service Provider shall comply with all applicable Wyoming local, state, and federal laws, including state-specific environmental, disposal, and hazardous material handling laws.
• Option B: Service Provider shall obtain and maintain all necessary municipal permits.

20. Dispute Resolution

• Option A: Any disputes arising under this Agreement shall be resolved through escalation to management, followed by negotiation.
• Option B: If negotiation fails, the parties agree to attempt mediation in Wyoming with a mutually agreed-upon mediator.
• Option C: If mediation fails, the parties may pursue binding arbitration or judicial resolution in the courts of Wyoming, with venue in [Wyoming County] County. This Agreement shall be governed by the laws of the State of Wyoming.

21. Independent Contractor

• Option A: Service Provider is an independent contractor and not an employee, partner, or agent of Client.

22. Assignment

• Option A: Service Provider may not assign or delegate this Agreement without the prior written consent of Client.

23. Consumer Protection

• Option A: If Client is an individual or small business, the provisions of Wyoming-specific consumer protection statutes apply.

24. Miscellaneous

• Option A: Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Option B: Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Option C: Amendment: This Agreement may be amended only by a written instrument signed by both parties.
• Option D: Notice: 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 reputable overnight courier service to the addresses set forth above.

25. Publicity

• Option A: Service Provider shall not use Client's name or likeness in any publicity or promotional materials without Client's prior written consent.

26. Data Privacy

• Option A: If the services involve access to sensitive or regulated client data, Service Provider shall comply with all applicable federal and state privacy or data protection requirements, including relevant Wyoming statutes.

27. Performance Bond

• Option A: [Choose One: Not Applicable, Service Provider shall provide a performance bond in the amount of [Dollar Amount].]

28. Hazardous Materials

• Option A: If the contract covers service of equipment with hazardous materials (such as HVAC refrigerants), Service Provider shall comply with EPA and Wyoming Department of Environmental Quality regulations governing handling and disposal.

29. Client Responsibilities

• Option A: Client shall provide safe and timely access to premises and systems.
• Option B: Client shall provide up-to-date system manuals and documentation.
• Option C: Client shall provide advance notice of equipment modifications or major use changes.

30. Wyoming-Specific Provisions (Optional)

• Option A: Acknowledgement of Local Weather Impact: The parties acknowledge the potential impact of Wyoming weather on scheduling and service delivery.
• Option B: Prevailing Wage: [If applicable to government projects: Service Provider shall comply with all applicable prevailing wage requirements.]
• Option C: Wyoming Construction Contract Act: [If applicable: The parties acknowledge and agree to comply with the Wyoming Construction Contract Act.]

31. Electronic Signatures

• Option A: 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. The parties agree that electronic signatures shall have the same force and effect as original signatures under Wyoming’s Uniform Electronic Transactions Act.

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

[Service Provider Name]

By: [Service Provider Representative Name]

Title: [Service Provider Representative Title]

[Client Name]

By: [Client Representative Name]

Title: [Client Representative Title]

Exhibit A: Scope of Services Details

[Detailed list of tasks and service intervals for preventative maintenance (if applicable)]

Exhibit B: Materials, Parts and Equipment Details

[Detailed list of materials, parts, and equipment to be supplied by Service Provider (if applicable)]