Forklift Service Contract

FORKLIFT SERVICE CONTRACT

Parties

Service Provider Name:

Service Provider Address:

Client Name:

Client Address:

Recitals

WHEREAS, Service Provider is duly engaged in the business of inspection, maintenance, repair, and certification of industrial lift equipment, including but not limited to forklifts; and

WHEREAS, Client operates facilities that utilize forklifts and desires to retain Service Provider to perform routine servicing, repairs, inspections, and related services under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties wish to set forth their respective rights, duties and obligations with respect to such services in a written contract effective as of the Effective Date stated below.

Effective Date

Effective Date:

Scope of Work

Service Provider shall provide the following services for the forklifts and related lifting equipment owned or operated by Client. Services shall be performed in a professional manner consistent with industry standards, and where applicable shall comply with manufacturer recommendations and regulatory inspection requirements.

Payment Terms

Service Fee: (currency)

Payments are due within days of invoice date. Late payments shall incur interest at per month or the maximum lawful rate, whichever is less. In addition to interest, Client shall reimburse Service Provider for reasonable collection costs and attorneys' fees incurred in enforcing payment.

Term and Termination

Term Commencement Date:

Term Expiration Date: unless earlier terminated in accordance with this Agreement.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Either party may terminate immediately for material breach by the other party that remains uncured for a period of 15 days after written notice specifying the breach. Termination shall not relieve Client of the obligation to pay for services performed and expenses incurred prior to effective termination.

Insurance and Safety

Service Provider shall maintain commercial general liability insurance and workers' compensation insurance in amounts customary for the industry and shall provide certificates of insurance upon Client request. Service Provider shall ensure that all personnel performing work at Client premises comply with Client safety rules and applicable law. Client shall notify Service Provider of any site-specific hazards prior to work commencement.

Confidentiality

Each party agrees to maintain in confidence all non-public, proprietary or confidential information disclosed by the other party in connection with performance under this Agreement ("Confidential Information"). Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, is lawfully received from a third party without restriction, or is independently developed by the receiving party without use of the disclosing party's Confidential Information. The receiving party shall use Confidential Information solely for performance under this Agreement and shall take reasonable measures to prevent unauthorized disclosure. Disclosure required by law or court order is permitted provided the receiving party gives prompt notice to the disclosing party to allow a protective order or other remedy.

Indemnification

Service Provider shall indemnify and hold harmless Client from and against any third-party claims, damages, liabilities and expenses (including reasonable attorneys' fees) arising from Service Provider's negligent acts or omissions in the performance of services under this Agreement. Client shall indemnify and hold harmless Service Provider from and against claims arising from Client's negligence, misuse of equipment, or failure to follow Service Provider instructions.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. Any action arising out of or relating to this Agreement shall be brought exclusively in state or federal courts located in that State.

Entire Agreement; Amendments

This Agreement, including any exhibits and written attachments signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, or representations, whether written or oral. No modification or amendment of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

Notices

Acknowledgment

Each party acknowledges that it has read this Agreement, understands its terms, and that it has the authority to execute this Agreement on behalf of the party for whom it signs.

Sign Now