Restaurant Maintenance Contract
This Restaurant Maintenance Contract (“Contract”) is entered into as of [Month Day, Year] (the “Effective Date”), by and between [Your Company Name] / [Facilities Manager], having its principal place of business at [Your Company Address] (“Client”), and [Company Name/Individual Contractor Name], having its principal place of business at [Maintenance Service Provider's Address] ("Maintenance Service Provider"). The Client and the Maintenance Service Provider may collectively be referred to as the “Parties” or individually as a “Party”.
1. Scope of Services
The Maintenance Service Provider agrees to provide comprehensive maintenance services for the Client's restaurant as specified in this Contract. These services include, but are not limited to:
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Regular cleaning of all areas, including dining spaces, restrooms, and kitchens.
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Repair and maintenance of kitchen equipment.
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Upkeep of dining and customer-facing areas to ensure a welcoming environment.
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Emergency maintenance services as required.
2. Term and Termination
This Contract shall commence on the Effective Date and shall remain in effect for a period of [number] months/years unless terminated earlier in accordance with the terms set forth herein.
a. Termination by Either Party: Either Party may terminate this Contract with or without cause by providing the other Party with at least [number] days' written notice. This provision allows both Parties the flexibility to end the agreement if necessary while ensuring sufficient notice is given to manage the transition.
3. Maintenance Schedule
The Maintenance Service Provider shall perform maintenance services according to the following schedule to ensure consistent and reliable service delivery:
a. Regular Maintenance: Maintenance services will be conducted on a [monthly/quarterly/other] basis. This regular schedule ensures ongoing upkeep and prevents potential issues from becoming major problems.
b. Emergency Services: Emergency maintenance services will be available 24/7 upon request. This provision ensures that urgent maintenance needs are addressed promptly, minimizing downtime and disruption.
4. Payment Terms
The Client agrees to compensate the Maintenance Service Provider for services rendered as follows:
a. Payment Amount and Frequency: The sum of [amount in currency] will be paid for the services provided under this Contract. Payments shall be made on a [monthly/quarterly/other] basis and are due on the [day] of each [month/quarter/other]. This regular payment schedule ensures consistent cash flow for the Maintenance Service Provider.
b. Payment Method: All payments shall be made via [payment method, e.g., bank transfer, check] to the following account:
Bank Name: [Bank Name]
Bank Address: [Bank Address]
Account Number: [Account Number]
Routing Number: [Routing Number]
5. Responsibilities of the Parties
This section outlines the specific responsibilities of both the Maintenance Service Provider and the Client to ensure smooth and efficient service delivery:
A. Maintenance Service Provider Responsibilities
a. Professional Service Delivery: Perform all services in a professional and workmanlike manner, adhering to industry standards and best practices.
b. Compliance with Safety Guidelines: Ensure that all employees follow the Client’s safety guidelines and regulations while on the premises. This is critical for maintaining a safe working environment.
c. Licenses and Insurance: Maintain all necessary licenses and insurance required to perform the services. This includes general liability insurance, workers' compensation, and any specific certifications needed for the tasks being performed.
B. Client Responsibilities
a. Access to Premises: Provide access to the premises as required for the performance of the maintenance services. This includes ensuring that entry points are accessible and any security protocols are communicated to the Maintenance Service Provider.
b. Facility Provision: Ensure that all necessary facilities and resources required for the performance of the services are available. This includes utilities, storage space for equipment, and any other specific requirements outlined by the Maintenance Service Provider.
c. Timely Payments: Make timely payments as set forth in this Contract. Adhering to the payment terms ensures that the Maintenance Service Provider can continue to deliver high-quality services without interruption.
6. Standards for Work Quality
The Maintenance Service Provider agrees to uphold the highest standards of work quality in all services performed under this Contract. Specifically, the Maintenance Service Provider commits to:
a. Industry Standards: Ensuring that all maintenance services meet or exceed the prevailing industry standards. This commitment guarantees that the services provided are of professional quality and reliability.
b. Client Specifications: Adhering to the specific requirements and standards set by the Client. This includes following detailed instructions and guidelines provided by the Client to ensure that the services align with their expectations and operational needs.
c. Continuous Improvement: Regularly reviewing and improving maintenance practices to enhance service quality and efficiency. This proactive approach ensures that the Maintenance Service Provider remains at the forefront of industry practices and delivers optimal results.
7. Liability and Insurance
To protect both Parties from potential risks and liabilities, the Maintenance Service Provider agrees to the following:
a. Liability Insurance: The Maintenance Service Provider shall maintain comprehensive liability insurance coverage of not less than [amount in currency] throughout the term of this Contract. This insurance will cover any claims arising from the performance of the maintenance services, ensuring financial protection against accidents, damages, and other liabilities.
b. Proof of Insurance: The Maintenance Service Provider shall provide proof of such insurance upon request by the Client. This documentation confirms the existence and validity of the insurance coverage, offering assurance to the Client that adequate protections are in place.
8. Dispute Resolution
In the event of any dispute arising out of or in connection with this Contract, the Parties agree to attempt resolution through good faith negotiations. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of [Arbitration Organization].
9. Governing Law
This Contract shall be construed in accordance with the laws of [State], without regard to its conflict of laws principles.
10. Entire Agreement
This Contract constitutes the entire agreement between the Parties hereto with regard to the subject matter hereof. It supersedes all prior and contemporaneous agreements, representations, and understandings of the Parties, written or oral.
11. Notices
All notices, demands, and other communications required or permitted under this Contract shall be in writing and delivered to the respective addresses of the Parties as set forth below or to such other address as either Party may designate by notice in accordance with this provision:
To Client:
[Your Company Name]
[Your Company Address]
To Maintenance Service Provider:
[Company Name/Individual Contractor Name]
[Maintenance Service Provider's Address]
a. Delivery Methods: Notices shall be delivered via hand delivery, certified mail (return receipt requested), or overnight courier service. These methods ensure that the notice is received and documented, providing clear evidence of communication.
b. Effective Date: Notices shall be deemed effective upon receipt by the receiving Party. This ensures that both Parties are promptly informed of any important communications.
12. Severability
If any provision of this Contract is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
a. Modification for Validity: If a court of competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. This ensures that the intent of the provision is preserved to the greatest extent possible, while maintaining the overall validity and enforceability of the Contract.
13. Amendments
No amendment, modification, or waiver of any provision of this Contract shall be effective unless it is in writing and signed by both Parties.
a. Written Amendments: This requirement for written amendments ensures that any changes to the Contract are clearly documented and agreed upon by both Parties. It prevents misunderstandings and maintains the integrity of the original agreement.
b. Mutual Consent: Amendments, modifications, or waivers must be mutually agreed upon, ensuring that both Parties have equal input and control over any changes to the Contract.
IN WITNESS WHEREOF, the Parties hereto have executed this Restaurant Maintenance Contract as of the Effective Date.
[Your Company Name]
[Your Name]
[Your Job Title]
[Company Name / Individual Contractor Name]
[Name of Authorized Signatory]
[Job Title]
