Who can use this Maintenance Service Contract?
This Maintenance Services Agreement is a straightforward agreement under which a contractor provides maintenance service to a client.
What is this maintenance service contract for?
Written from the point of view of the company providing the services, the contract can be used for maintenance of equipment, plant or buildings: details of the precise services will be set out in a schedule together with the fees and expenses.
What are the main issues?
Scope of services. These will be contract specific. Our services schedule has indicative wording to deal with routine services, emergency callouts and non-routine services. It’s important that both parties know what maintenance service is covered by the standard fee and what can be treated as extras. Also, the company may want to exclude some activities, e.g. dealing with faults that have been caused by improper use or operation of equipment by the client, unless it feels able to handle them and the client pays for the work.
Fees and expenses. Usually there is an agreed annual or other periodic charge plus rates for non-routine work. These may vary depending on whether the work is performed during normal working hours or at weekends or evenings. Also, some parts and materials may be needed, in which case they will be charged for in addition to the standard fees.
Duties of the company will include performance of work to a reasonable standard, and employing competent personnel. In addition, when relevant, spare parts for equipment should conform to the manufacturer’s requirements.
Duties of the client will include giving access to the company to do the work, providing necessary and agreed facilities, possibly storage of spares or equipment, obtaining any planning or other consents that might be needed.
Variations. Any changes to the services will need written agreement on both scope and price.
Liability. The company will usually want to limit its liability to the cost of remedying any failure to perform services properly. In particular, it will want to have wording that excludes liability for indirect or consequential loss that might be suffered by the client as a result of some failure in the maintenance service.
What detailed terms does the contract contain?
The main points cover:
- contract formation
- obligations of the company
- obligations of the client
- fees, expenses and payment
- variations and exclusions
- property and risk
- limit of liability
- intellectual property
- force majeure
- a general clause addressing notices, assignment, subcontracting, the scope of the agreement, amendments, warranties, severance and waivers.
This contract is appropriate for a small to medium-sized business that wants a standard form of maintenance service contract for its various clients.
We also have a maintenance contract suitable for a client engaging a contractor – B125. Or, if you provide commercial cleaning services, have a look at our cleaning contract template, A196
For more information on each of these sections, see our Explanatory Notes which you will receive when you download the document from our website.
For information on signing documents see our Contract Signing page
When I download the document, can I change it and/or use it more than once?
Yes, all ContractStore’s templates are in MS Word and you can use the contract on more than one project. For more information, watch the video on this page of our website or see our FAQs
ContractStore supplies templates and is not a law firm. But experienced lawyers write all our templates, so we can arrange legal assistance for customers who need special terms in one of our documents or a bespoke template. . For more information see our Legal Services page. For more information see our Legal Services page.
Contract Author –Giles Dixon
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