Septic System Maintenance Document

Septic System Maintenance Agreement

This Septic System Maintenance Agreement ("Agreement") is entered into as of by and between Service Provider: and Property Owner: .

WHEREAS

WHEREAS, Service Provider is engaged in the business of septic system inspection, pumping, maintenance and repair and is duly qualified and licensed to perform such services; and

WHEREAS, Property Owner owns or controls the real property located at ("Property") and desires to retain Service Provider to provide routine maintenance and related services to the septic system(s) described herein; and

WHEREAS, the parties desire to set forth the scope, payment terms, duties, liabilities and other terms and conditions governing the maintenance of the septic system.

SYSTEM IDENTIFICATION

SCOPE OF WORK

Service Provider shall perform routine maintenance and any additional services agreed in writing. The routine maintenance shall include but is not limited to inspection of tank condition, pumping as required, inspection and cleaning of effluent filters, inspection of drainfield condition, alarm and float testing, and provision of a written service report after each visit.

MAINTENANCE CHECKLIST (SELECT TASKS PERFORMED)

Pumping/Sludge Removal
Effluent Filter Cleaning/Replacement
Alarm and Float Test
Drainfield and Distribution Box Inspection
Minor Repairs (describe in report)
Effluent Sampling (if required)

INSPECTION FINDINGS / REPORTING

PAYMENT TERMS

Compensation for services provided under this Agreement shall be as set forth below. Service Provider shall invoice Property Owner in accordance with the agreed payment schedule. All fees are due payable in full within the time specified below.

If Property Owner fails to pay undisputed amounts when due, Service Provider may suspend services after providing written notice consistent with the Term and Termination provision below. Property Owner shall remain liable for all fees and reasonable collection costs, including attorneys' fees.

TERM AND TERMINATION

This Agreement shall commence on and shall continue until unless earlier terminated as provided herein.

Either party may terminate this Agreement for material breach by the other party, provided the breaching party fails to cure within the notice period specified above. Termination shall not relieve Property Owner of the obligation to pay for services performed prior to the effective termination date.

CONFIDENTIALITY

Each party shall maintain confidentiality of non-public technical, commercial and financial information disclosed by the other party in connection with this Agreement. Confidential information shall not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) is independently developed by the receiving party without use of the disclosing party's confidential information; or (c) is required to be disclosed by law, provided the disclosing party is given prompt written notice and, where legally permitted, the opportunity to seek protective measures.

LIABILITY, INSURANCE AND INDEMNITY

Service Provider shall carry insurance customary for septic system service providers and shall provide evidence of insurance upon request. Service Provider's liability for direct damages arising out of the performance of this Agreement shall not exceed the total fees paid by Property Owner to Service Provider under this Agreement for the preceding twelve months. Neither party shall be liable for indirect, consequential or punitive damages. Each party agrees to defend, indemnify and hold the other harmless from claims arising from that party's negligent acts or omissions in connection with this Agreement.

ACCESS, SAFETY AND OWNER RESPONSIBILITIES

Property Owner shall provide safe access to the septic system, including keys, gate codes and any specific access instructions. Property Owner shall not permit septic additives, hazardous materials, unauthorized construction or planting directly over the drainfield without Service Provider's prior written approval. Owner is responsible for timely notification of any system alarms or unusual system performance.

EMERGENCY RESPONSE

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of law principles.

ENTIRE AGREEMENT

This Agreement, together with any exhibits and written service orders executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any amendment or modification must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The parties are independent contractors and nothing in this Agreement creates an employment, partnership or joint venture relationship. Notices required under this Agreement shall be given in writing to the addresses below or to addresses provided in writing by the parties.

ACKNOWLEDGMENTS

By signing below, each party represents and warrants that the person signing has full authority to execute this Agreement on behalf of the named party, that the party will comply with the terms contained herein and that all information provided in this Agreement is true and accurate to the best of that party's knowledge.

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