Download a free copy of our maintenance agreement sample that you can use as a guide to write your own contract easily without having to start 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 detailing the care and maintenance of buildings, 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 be paid for separately.
- Frequency of scheduled checks and maintenance over the year. Typically, checks are performed every 3 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 covered by the maintenance contract.
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 enforced from October 12, 2014 to October 12, 20015 under the following terms and conditions of the service agreement:
Terms and Conditions of Maintenance Agreement
- Quarterly checks and maintenance services.
- Any material ordered will be subject to separate fees.
- Service will be provided 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:
1. “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.
2. 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 which have been caused by normal wear and tear.
3. In consideration of the said services to be performed by the Contractor, the Customer undertakes to pay the Contractor (on the date herein agreed) the total invoiced amount.
4. The Contractor shall carry out all examinations and work 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.
5. The Customer shall reimburse the Contractor all reasonable traveling expenses properly incurred by the Contractor in the execution of this agreement and shall pay same within fourteen days of an invoice setting out such expenses and the period to which it relates having been sent to the Customer.
6. The aforementioned charges do not include the supply and replacement of any worn parts or material and/or items which the Contractor may from time to time deem necessary to replace. All such parts and items replaced by the Contractor shall be paid for by the Customer at the current market value of such parts and items.
7. The services being provided by the Contractor hereunder shall not include any labor provided and/or parts or material which are necessary to repair damage to the equipment caused by accident, abuse, act of God, acts of third parties, electric power fluctuations or reconditioning or altering or modification of the setup of the equipment which may be requested by the Customer.
8. The Customer shall ensure that the building or equipment is used in accordance with the Contractor’s operating instructions, and shall make the equipment available to the Contractor at all reasonable times for the purpose of enabling the Contractor to perform its obligations under this service agreement.
9. The Contractor shall obtain consent from the Customer for the removal of any equipment from premises.
10. The Contractor shall be liable to bear 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.
11. The Contractor shall not be liable for any consequential damage arising from the level of performance and/or the non-performance of the equipment nor shall the Contractor be liable for any loss, damage, injury or delay due to any cause beyond its control including acts of Government, lockouts, strikes, lightning, fire, riots, civil commotions, aircraft explosions, flooding, acts of war, malicious mischief or theft, provided however, that if 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 entitle to a proportionate refund for the period of such interruption.
12. 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.
13. (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 registered mail requiring the Customer to pay such charges or part thereof within seven days after receipt of such notice and if the Customer shall fail 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 mentioned in the Schedule attached hereto the Contractor may terminate this service agreement forthwith by notice in writing sent to the Customer at its last known address.
14. This agreement shall commence on the date hereinbefore stated and shall continue for one (1) year and thereafter from year to year provided that the customer pays at the end of each year of this agreement the amounts entered on the customer’s invoice.
15. Subject as hereinbefore provided this service agreement may also be terminated by either party hereto giving one month’s written notice to the other party of such termination to expire at the end of the year of this service agreement in which such notice is given.
16. 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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