13+ Sample Maintenance Contracts

What Is a Maintenance Contract?

A maintenance contract is an agreement between the service provider and the client. This is a contract agreement between two parties, wherein one party will swear to uphold and maintain the quality of an asset of the other party. Depending on the agreement, this contract may also include repairs in case there is a dire need for them or a request from the client. What’s important is that the terms must be clearly stated in order to avoid disputes between the two parties. In some cases, this is also referred to as a maintenance and repair contract.

Key Elements Included in a Maintenance Contract

The title of the contract: First and foremost, on the uppermost part of the document, it is a must to state the title of the contract. This will identify what kind of contract is being presented.The clause for the information of the contractor: The next section will contain the basic information of the one providing the service. This should include the name of the contractor or the company, their contact information as well as their physical address.The clause for the information of the client: Next, it is a must to include the basic information of the client or the customer. This must state the basic information of the client. This should include their name, their contact information as well as their physical address.The clause for the scope of the work: In the scope of the work section, it is a must to go into detail. In this section, lit out all the work and responsibilities of the service provider. This must state and explain all the work that will be conducted for the client. Another important factor to include in this section are the work that are not naturally included in the service that is availed. It is also a good idea to add a subsection here. The subsection will state and discuss all the necessary tools and pieces of equipment that is needed in order to perform the service properly and safely.The clause for the compensation: The clause for the payment will discuss the equivalent cost of each service that will be provided. This section should also be divided into different components. The first component is the cost for each service provided as well as the total amount that will be covered. The second section should discuss the schedule of the payment. The third section will focus on the mode or method of payment. The next subsection should state the penalties for any late payments. The last subsection will state and explain the compensation for any additional work that the maintenance contractor will perform. In some cases, the tools, parts and pieces of equipment will be included in this section, especially if it is not provided by the client.The clause for the duration of the work: This section will state how long the work or the contract will be active. In order to have a full understanding of the work that is to be performed, other opt to present a daily work schedule. The starting date as well as the expiry date of the maintenance contract should be stated as well. This should also put emphasis on the key activities that are to be performed in the workplace. Make use of a critical path in order to identify the crucial activities required.The clause for change order: In some cases, a client would want to remove or add a service in the existing contract. In cases like this, it is crucial to have a clause to discuss what to do. This clause will instruct both the maintenance contractor and the client on the procedure to observe and perform in case there is a change in the order. Contract amendments may also be presented in case that this kind of event happens.The clause for the responsibilities of the client: While the contract is underway, it is also a must to know that the client will have his or her fair share of responsibilities. This will include the reporting of any damages that he or she has observed. This will lead to a better understanding of the work that is needed to be performed.The clause for dispute resolution: This clause is purely created to discuss how any disputes or problems between both parties will be resolved. This will state the processes that will be observed and conducted in case issues will arise in the workplace.The clause for the termination: This section is a short part of the document. This will state and discuss the processes as well as the penalty fees that are to be observed in case one party opts to cancel the contract. Termination of contracts should be detailed and civilized.The clause for the warranties: This section will state any warranties or any supporting documents that may help smooth things over. This will as well identify the permits needed in performing various types of work This is important to avoid having any legal problems. This section may also include the licenses that the maintenance contractor has.The clause for the definition of the terms: This section is similar to a glossary of a book. Not all your potential clients are familiar with the technical terms that will be stated in the contract. It is important that both parties can fully understand the terms stated in the contract. That is why it is a must to have a list of all the terms as well as a brief explanation of each.The signature: The last part of the document should contain a concluding statement. This will state that both the maintenance contractor and the client understood the terms and conditions of the  maintenance contract. Both parties should affix their signature along with the date.

Step by Step Process in Creating a Maintenance Contract

Step 1: Select a Template

In order to create this contract with minimal errors, it is important to make use of templates or formats. This will make sure that the maintenance contract will be organized and presentable. Browse all the available templates shown above and select the most suitable one for you.

Step 2: Input the Necessary Details

After coming up with the template of your choice, it is important to go over all the necessary details asked in the contract. Input all the details that are required. First and foremost, the most important is to fill out the section for the basic information of both the maintenance contractor as well as the client. In filling out the section for the scope of work, it is a must to make changes and go into detail. This is done in order to list down the services provided as well as the services that are outside the scope of work. It is crucial that this is explained in detail in order to avoid any excess work for the contractor and any expectations from the side of the client.

It is also a must to be detailed in the tools, parts and pieces of equipment that is needed in order to properly conduct the maintenance. As for the payment plan, list out all the rules and guidelines that are to be strictly observed. In this step, it is also a must to take a closer look at the different licenses and permits that a contractor possesses. This will be a proof of their credibility and professionalism.

Lastly, it is essential to include other supporting clauses here. These are the clause for dispute resolution as well as the clause for termination. Thoroughly discuss the necessary steps that are to be observed in resolving any issues that will arise. This is also the same for the termination clause.

Step 3: Create a Dictionary

One of the reasons as to why a client will avail a maintenance service is that he or she is not knowledgeable about the said industry or does not have any prior experience. Some of the words or terms that will be included in the contract are not familiar with the client or customer. This is the reason why it is important to have a dictionary or glossary of the terms. This will list out all the technical terms that are stated in the contract and this will also provide a definition or an explanation for each term.

Step 4: Consult a Lawyer

A maintenance contract is a legally binding contract agreement between the one providing the service and the one who availed the service. It is important that this will be the point of reference for the amount of work that is to be done as well as the equivalent compensation for each work. In case of disputes or problems, the contract is also the point of reference in order to resolve the issue. It is important that it is created with clarity and up to the standards of the industry.

In order to make sure that the terms and conditions stated in the contract are effective and up to the standards, it is a must to consult a lawyer. This will guarantee that both the maintenance contractor and the client will not have any legal issues. This is to make sure the contract is not violating any legal law or state law. Make use of a consulting contract to ask for professional advice.

Step 5: Finalize and Sign

A maintenance contract may be considered a legal document. It is a must to go over the contract once more and check for any errors. It is important to proofread the document. Once the document is checked and there are no visible errors, only then the contract may be ready for signing.

In order for the contract to become legal and to be recognized, both the maintenance contractor and the client should affix their signature. There should be a statement that both parties have read and understood the terms and conditions stated in the contract. Along with the signature both parties should input the date of signing as well.

Benefits of an Annual Maintenance Contract

There is Access to the Contractor

This means that at all times there is a way of communicating with the maintenance contractor. In case of emergencies there is a means of contacting the team responsible for the repair and maintenance.

Reduce Downtime

This means that any unexpected and unnecessary pause in the production process will not occur. Downtime usually occurs when an equipment suddenly malfunction.

Extend the Life of the Equipment

With constant monitoring and checking, it improves the longevity of the equipment. Maintenance will make sure that the equipment is always in optimal condition.

Cost are Fixed

This means that there is no need to consult other independent contractors or agencies. You will always have a team of experienced experts ready to repair the equipment in case there are failures. Thus, there will be no surprise on the cost of the repair and maintenance. Having a maintenance contract will help in keeping the budget plan stable. There will be no disruptions on the said plan.

Peace of Mind

As managers and employees are busy with their share of roles and responsibilities, it will be burdensome for them to worry about the downtime of the equipment. Having a maintenance contract will help in easing their mind, this will result in a more focused employee.

A maintenance contract will clearly define the terms and conditions of the service provider as well as the client. With the use of this contract, both parties will know and understand their share of responsibilities. This will as well outline the length and expiry date of the contract, meaning there will be no surprise or confusion on how long the work will be performed.  The contract should also be the point of reference in evaluating the maintenance report forms. It is a must to compare the actual work with the planned work. 

This is a legally binding contract agreement between the maintenance provider and the client. This can be a point of reference in case of questions and issues. This is important in resolving disputes during the duration of the contract. Make use of the templates that are available above in order to create a detailed maintenance contract.