Draw up a plan for maintenance: Maintenance Contract
What is a Maintenance Contract?
The purpose of making a Maintenance Contract is to lay out the terms and conditions associated with work being done. By accepting this agreement, you and the other signer are more likely to hold the same set of expectations.
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.
How do I get my Maintenance Contract reviewed?
If you already have a Maintenance Contract and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Sample Maintenance Contract
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MAINTENANCE CONTRACT
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.
8. Signatures
This Contract shall be signed on behalf of by , and on behalf of by .
SERVICE COMPANY
| By: | Date: |
, its
CUSTOMER
| By: | Date: |
, its
Maintenance Contract FAQs
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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.
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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.
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Would I have to take additional actions next after creating my contract for maintenance?
After drafting your Maintenance Contract, review it carefully. You may also want to review it with the other party to ensure all parties fully understand and agree to the terms of the agreement. Once all parties agree to the terms, the next step is to have all parties sign it, and each party should keep a copy for their records. It’s also a good idea to store it in a safe, accessible place in case you need to reference it later.
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Can my Maintenance Contract be looked at by a lawyer?
It’s smart to have an important agreement reviewed before you sign, so you fully understand the terms and avoid potential risks.
While some attorneys may review documents they didn’t draft, others may decline or require a retainer, hourly billing, or a flat fee. This can make getting a legal document review of your Maintenance Contract less predictable and more time-consuming.
Rocket Lawyer makes the process simpler. With a Rocket Lawyer membership, you can request a review from a Legal Pro or ask questions about your Maintenance Contract. You can also use Rocket Copilot to quickly review your agreement, spot potentially risky terms, and make sure everything looks accurate before signing.
Once you’re ready, you can sign your document online with RocketSign—all in one place.
