Download a free copy of our maintenance contract sample that you can use as a guide to write your own contract easily.
Anyone who decides to buy a home or equipment has to think of maintenance. This can therefore lead to an annual maintenance service contract between the service provider and the property owner. It will cover the care and maintenance of buildings as well as specific products and various other items in the customer’s possession.
When writing a maintenance contract, it is important to note that there are several types available today. One can include comprehensive annual labor. Another can cover labor only, or labor and material. As the maintenance agreement template will show, the document must be written in the correct maintenance contract format. It must also include the appropriate terms and conditions of maintenance agreement. Following is the maintenance agreement example that you can download for free to help you write yours easily:
Read the Maintenance Contract Sample
1. Parties and Dates 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.
2. Purpose, duration and commencement of the agreement:
- “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.
- 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.
3. Responsibilities of the Contractor:
- 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 Customer shall make an extra payment at the applicable rate.
- 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 his responsibility 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.
- 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.
4. Responsibilities of the Customer:
- The Customer shall ensure usage of the building or equipment 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 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. 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 his 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.
- In consideration of the services that the Contractor will perform, the Customer undertakes to pay the Contractor. He will pay the total amount of the invoice on the date they agree herein.
- 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.
5. Termination of the contract:
- Any of the parties to this service agreement may terminate in accordance with the provisions. This will however require one month’s written notice to the other party.
- If either party cancels this service agreement before the expiration of the initial term or any extension thereto the Contractor will refund the maintenance premium for any unused whole quarter.
6. 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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