Download a free copy of our maintenance agreement sample that you can use as a guide to write your own contract easily from scratch.
Anyone who decides to buy a home or equipment has to think of maintenance. Such an annual maintenance service contract or AMC is an agreement between the service provider and customer. It details the care and maintenance of buildings as well as specific products and various other items in the customer’s possession. Below is the full maintenance agreement example that you can use for free. But first read on to learn how to write such services agreement:
How to Write a Maintenance Agreement
When writing an AMC, it is important to note that there are several types available today. It could include comprehensive annual labor, labor only, or labor and material. The maintenance agreement template and contents are as follows:
- Acknowledgement of the service provider over their responsibilities to the client or landlord.
- Specifying the starting and ending date in which the contract with service providers remains effective.
- Bulleted list of maintenance services offered by the company such as labor and supplying material.
- Treatment of said parts and labor. For example, the contract may specify that any spare parts will require separate payment.
- Frequency of scheduled checks and maintenance over the year. Typically, checks are performed every three months with additional calls made in between for repair purposes. The latter may or may not be covered by the service contract.
- Time and days in which the company is willing to provide service.
- A list of the company property or equipment that the maintenance contract covers.
Maintenance Contract Format
The service level agreement is typically in full block form which makes it very simple to do. A good maintenance contract covers the following:
I, Mr. ABC shall maintain and repair the property or equipment owned and used by Company XYZ specified under this agreement. This contract shall remain in force from October 12, 2014 to October 12, 20015. Following are the terms and conditions of the service agreement:
Terms and Conditions of Maintenance Agreement
- There will be quarterly checks and maintenance services.
- Any material ordered will be subject to separate fees.
- The service time will be between 8AM to 5PM during the weekdays.
The maintenance contract covers the repair and upkeep of the items listed in the attached document. See the following service agreement template:
Read the Sample Maintenance Agreement
Dates and Parties to the Contract
CUSTOMER NAME: First Store Ltd
CONTAC: John Doe
ADDRESS: P.O. Box 1005, 2nd Street, First City
SERVICE PERIOD: 2 Jan 2012 – 31 Dec 2012
MAINTENANCE AGREEMENT NO: 1/2012
THIS AGREEMENT is made the second day of January, Two Thousand and Twelve BETWEEN First Store Ltd of 2nd Street, First City (hereinafter called the Customer) of the ONE PART and Maintenance Company Ltd of First City (hereinafter referred to as the Contractor) of the OTHER PART.
Terms of the Maintenance Contract
WHEREBY IT IS AGREED as follows:
- “Normal business hours” means 8 a.m. to 4.30 p.m. Monday through Friday except on public holidays. “The applicable hourly rate” means the rate being charged for such services by the Contractor at that time.
- Subject to the conditions hereinafter contained, the service providers will in respect of the building or equipment mentioned in the Schedule attached hereto (hereinafter called the property) and at the place therein mentioned:
(a) Carry out two (2) annual preventative visits or as often as the Contractor sees it fit to test, clean, adjust and repair damages, and
(b) Correct and repair faults or damages resulting from normal wear and tear.
- In consideration of the services that the Contractor will perform, the Customer undertakes to pay the Contractor (on the date they agree herein) the total amount of the invoice.
- The Contractor shall carry out all examinations and also works required hereunder during normal business hours. If the Contractor at the customer’s request or in an emergency shall carry out any examination or work outside normal business hours the Contractor shall be entitled to make an extra charge calculated at the applicable rate.
- The Customer shall reimburse the Contractor for all reasonable traveling expenses that the Contractor incurs in the execution of this agreement. He shall pay same within fourteen days of an invoice setting out such expenses and the period to which they relate.
- The aforementioned charges do not include the supply and replacement of any worn parts. Additionally, they do not cover material and/or items which the Contractor may from time to time deem necessary to replace. The Customer shall pay for all such parts as well as items at the current market value that the Contractor will replace.
- The services that the Contractor provides shall not include any labor cost and/or parts or material which are necessary to repair damage to the equipment. Such could include damages resulting from accident, abuse, act of God, acts of third parties, as well as electric power fluctuations. This will also cover reconditioning or altering or modification of the setup of the equipment which the Customer may request.
- The Customer shall ensure that the building or equipment is used in accordance with the Contractor’s operating instructions. He shall also make the equipment available to the Contractor at all reasonable times for the purpose of enabling the Contractor to perform the obligations under this service agreement.
- The Contractor shall obtain consent from the Customer for the removal of any equipment from the premises.
- The Contractor shall be liable for the cost of any damage or malfunctioning of equipment resulting from poorly executed repairs or servicing. However, the liability for damages shall not be invoked if these result from an unavoidable accident.
- The Contractor shall not be liable for any consequential damage arising from the level of performance and/or the non-performance of the equipment. Neither shall the Contractor be liable for any loss, damage, injury or delay due to any cause beyond its control. These would include acts of Government, lockouts, strikes, lightning, fire, riots, civil commotions, aircraft explosions, flooding, acts of war, malicious mischief or theft. If however, such services to be rendered hereunder in respect of the equipment shall be interrupted to a serious degree by any such cause, the Customer shall be entitled to an proportionate refund for the period of such interruption.
- The Customer shall not assign the benefit or the burden of this agreement to any other person or firm without the written consent of the Contractor. (a) If any charge or part thereof shall be unpaid for fourteen days after the agreed date the same shall be become due. The Contractor may (without prejudice to its right to recover the same) give notice to the customer by mail requiring the Customer to pay such charges or part thereof. This must happen within seven days after receipt of such notice. If the Customer fails to comply with such notice the Contractor may forthwith terminate this agreement. (b) If the Customer shall unreasonably refuse permission for the removal of the equipment by the Contractor from the premises that form part the Schedule in the document the Contractor may terminate this service agreement forthwith. He will therefore send a notice in writing to the Customer at the last known address.
- This agreement shall commence on the date hereinbefore set out and shall continue for one (1) year and thereafter from year to year. However, this will require that the customer pays at the end of each year of this agreement the amounts entered on the customer’s invoice.
- Subject as hereinbefore provided, this service agreement may also be terminated by either party hereto. This will however require one month’s written notice to the other party.
- If this service agreement is cancelled before the expiration of the initial term or any extension thereto the Contractor will refund the maintenance premium for any unused whole quarter.
Acceptance and Signing of the Maintenance Contract
MAINTENANCE COMPANY LTD
Accepted by Service Provider (Print Name): ………………
Accepted by (Authorized Signature): …….
FIRST STORE LTD
Accepted by (Print Name): ……………
Accepted by (Authorized Signature): ……
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