What is a Maintenance Contract?
When to use a Maintenance Contract:
- You'e hiring a maintenance contractor to do a job.
- You're being hired as a maintenance contractor for a job.
THIS CONTRACT is made and entered into on , by and between (the "Service Company"), whose address is , , and (the "Customer"), whose address is , , .
WHEREAS Service Company is a company engaged in the business of servicing and maintaining and is willing to provide such services to Customer as per the terms herein.
WHEREAS Customer desires to have the Service Company furnish maintenance on the following:
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto agree as follows.
1. Maintenance Services.
Service Company shall maintain and service the following list of equipment (the "Equipment"):
and keep the Equipment in good working order. Service Company shall provide scheduled preventive maintenance during regular business with the schedule to be based on the specific needs of the Equipment as determined by Service Company. In addition, Service Company shall provide unscheduled remedial maintenance ("on-call service") as and when needed. Both scheduled and unscheduled service maintenance shall include the following as deemed necessary by Service Company.
Regular services included in contract price:
Additional services and other charges:
2. Excluded Services
Unless authorized in writing by the Customer, the Service Company shall not be required to make any of the following:
Other safety tests or installations, whether or not recommended or directed by governmental authorities or by insurance companies.
If the services described in this provision are authorized by the Customer, and if the Service Company agrees to perform them, an additional reasonable charge will be made for the service.
3. Trained Employees
Trained personnel directly employed and supervised by the Service Company will perform all services required by the terms of this Contract. The Service Company agrees that each of its employees will be properly qualified and will use reasonable care in the performance of his or her duties.
4. Working Hours
(a) The services required of the Service Company under this Contract, including emergency service, shall be performed during the regular working hours of its regular working days, consisting of to , , except as provided in (b) immediately below.
(b) If the Customer requests that the Service Company perform any of its services at times other than during its regular working hours, then for the services performed outside the regular working hours ("overtime hours"), the Customer shall be charged at per hour as adjusted periodically to compensate for changes in the cost of labor.
5. Contract Price
(a) The Customer shall pay the Service Company at the rate of for the regular services to be performed under this Contract.
(b) The amount specified in (a) above shall be adjusted annually to reflect any changes in the Service Company's cost of labor. percentage of the contract price shall be increased or decreased on each anniversary of the commencement date of service under this Contract with the percentage of increase or decrease in the straight-time hourly cost (which means the straight-time hourly labor rate, including fringe benefits) for the month within which the anniversary of the commencement of service under this Contract falls as compared with the straight-time hourly cost for the month within which the commencement date of service under this Contract falls.
(c) The amount specified in (a) above shall be adjusted annually to reflect any changes in the costs of the parts, equipment, and materials supplied by the Service Company under this Contract. percentage of the contract price shall be increased or decreased on each anniversary of the commencement date of service under this Contract by the percentage of increase or decrease in the costs of the parts, equipment, and materials.(d) Amounts due to Service Company will be billed to Customer on a basis and will be due and payable within days thereafter.
6. Term of Contract
The term of this Contract shall commence on and shall continue in full force and effect until it is terminated. Either party, by giving days' written notice to the other party, may terminate this Contract either at the completion of the first 5 years of service under this Contract or at the end of any subsequent year. In any event, this Contract shall be in effect for a minimum of
7. Miscellaneous Provisions
(a) Applicable Law: This Contract shall be construed under and in accordance with the laws of the , and all obligations of the parties created under this Contract are performable in County, .
(b) Parties Bound: This Contract shall be binding on and inure to the benefit of the parties to this Contract and their respective heirs, executors, administrators, legal representatives, successors and assigns as permitted by this Contract.
(c) Legal Construction: In the event any one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision. This Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.
(d) Prior Contracts Superseded: This Contract constitutes the sole and only Contract of the parties and supersedes any prior understandings or written or oral Contracts between the parties respecting the subject matter of this Contract.
(e) Amendments. This Contract may be amended by the parties only by a written Contract.
(f) Attorneys' Fees: If any action at law or in equity is brought to enforce or interpret the provisions of this Contract, the prevailing party will be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled.
This Contract shall be signed on behalf of by , and on behalf of by .
Maintenance Contract FAQs
Why do maintenance providers use Maintenance Agreements?
Even if this is your first time being hired as a maintenance contractor, it is important to get the details of your work in writing. Signing this document most likely will be helpful for your business due to this list of benefits:
- Both parties know what they are responsible for
- Payment-related information is clearly defined
- Neither party is surprised by how long the engagement lasts
Any maintenance provider opting not to use a Maintenance Agreement should expect common issues like questions about timing and the miscommunication of requirements.
What details should I include in a Maintenance Contract?
Specifics to cover are:
- The client's full name and home/business address
- What work you will be doing once hired
- What the duration of the engagement is
- What fees will be charged and when
As usual, the document will also include standard legal language regarding the non-employer relationship between the maintenance provider and client, reimbursement for losses, and dispute resolution. In the process of building your agreement, you'll also have the ability to decide the jurisdiction under which it will be governed. More custom editing is permitted, as needed.
How can I fill out a maintenance contract template for free?
Fortunately, you do not need to start from scratch when putting your contract in writing. When using Rocket Lawyer, you can produce Maintenance Contracts online with relative ease. Your agreement is assembled step by step, as you enter more details. Typically, given the level of customization, you might end up paying a conventional attorney a few hundred dollars, if not more, in fees.
Would I have to take additional actions next after creating my contract for maintenance?
Attached to your Maintenance Contract, there's a set of instructions that you will need to finalize your document. As a Rocket Lawyer member, you will be able to make edits, add signatures with RocketSign®, download it in PDF format or as a Word document, make copies, and print it out when needed. Most importantly, your client should get copies of your final contract.
Can my Maintenance Contract be looked at by a lawyer?
If you do it by yourself, getting a legal professional to comment on your Maintenance Contract can be relatively time-intensive. Certain attorneys will not even accept requests to review a contract if they didn't work on it. If an attorney does decide to help, they most likely would still demand their standard rate for doing so. An easier way to get a second pair of eyes on your contract is through the Rocket Lawyer attorney network. As a Premium member, you can get your documents reviewed or ask any legal questions. Whether you decide to produce more copies of your Maintenance Agreement or other agreements for maintenance providers, Rocket Lawyer will be here for you.