Maintenance Agreement

The legal objective of maintenance agreements is to safeguard interests of both the asset owner and the service provider. It is a two-party agreement in which one party agrees to maintain an asset held by the other party. Our maintenance agreements template can be set up for a number of items, such as equipment, landscaping, a building, IT technology, computers and other things. This maintenance agreement template is easy to understand and customize, and has sections covering scope of service, term of payment, warranty, and more.

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Maintenance Agreement

A maintenance agreement is a deal arranged between the service or asset provider and the client considering the services to be delivered and the payment acknowledged for the provision of the services.

Key Inclusions in Maintenance Agreement

• • Terms and conditions for service.
  • Project Description
  • Exclusions from service
  • Fee schedule
  • Penalties and fine payments
  • Disclaimers and warranties
  • Time period

  What Is a Maintenance Agreement?

  A maintenance agreement is a legal document between two parties that establishes the utilization of an asset or service. It is applicable for various ranges of assets like equipment, building, computers, technologies, services, landscape, etc.

  It can also extend across various industries to set up the maintenance of all the assets in a clear manner by clearly including the requirements, schedule, expectations, timeline, price, etc.

  If you are maintaining an asset owned by others, then it is necessary for you to get this agreement to protect both parties’ rights.

  Protect your interests with our maintenance agreement template

  Our maintenance agreement template helps you in providing a maintenance agreement that summarizes all of the detailed information required to acquire and use the assets and services.

  Click on the download button to get a copy of the maintenance agreement template and protect your interests.

  When Needs a Maintenance Agreement?

  Even though the verbal agreement is there, having a written maintenance agreement ensures all the details and the associated terms and conditions are documented and agreed upon in a proper manner.

  The agreement between the two parties depends on the type of assets or the services that are being utilized over the course. It is used under following conditions:

  • when the agreement is in regard to the services and its maintenance.
  • when the asset involved in the property such as building, landscape, etc.
  • It can further be classified into service level, master service, and consulting device agreements based on companies' requirements.

  Recognizing its importance is needed before finalizing the main agreement, so both parties can fully understand all the terms and conditions to avoid any arguments that might arise later on.

  The maintenance agreement is needed to list down all the detailed instructions of the services, maintenance works along with provisions for emergency situations and repairs.

  What Should be Included in the Maintenance Agreement?

  The agreement should include all the necessary details so that the involved parties will be able to understand the rights and responsibilities properly. Various elements that are drafted in the agreement are as following:

  • Parties: In the agreement, the party using the services is termed as a client and the party providing the services is termed as a contractor. The party's details such as names, addresses, and other needed information.
  • Purpose: The agreement states the list of services, assets that are being utilized and provided by the parties.
  • Scope of Service: Instructions of usage, maintenance, and other details pertaining to an emergency also should be provided.
  • Terms of Payment: Installments or one-time payment, payment at start or end of the agreement period. All such details regarding the monetary terms should be documented.
  • Warranty: The licensing, warranty of the equipment, and assets during the course of agreement and the necessary details are to be mentioned.
  • Time Period: The start and end date of the agreement and the process if in case of extension or release of the agreement prior to the time period agreed.

  A maintenance agreement is generally made to understand and verify the correctness of the details in the agreement and then the final agreement is documented.

  Protect your interests with our maintenance agreement template

  Our maintenance agreement template helps you in providing a maintenance agreement that summarizes all of the detailed information required to acquire and use the assets and services.

  Click on the download button to get a copy of the maintenance agreement template and protect your interests.

  Conclusion

  A maintenance agreement summaries all the intricate details necessary to procure and employ the assets and services of the parties entering the agreement.

  It also varies based on the type of assets and services involved and accordingly the maintenance agreement or the device agreement is utilized by the parties.

  If you are looking for one, CocoSign offers the best templates available for any type of maintenance agreement. You can get your free sample from our website.

  Name of Customer:

  This agreement is made and entered effective as of the date shown above, by and between [AV Dealer] and the customer, whose name and address is set forth above.

  1. Equipment Schedules: This Agreement covers the equipment listed on the Equipment Schedule. If we or the manufacturer replace equipment that is under warranty with the same model number, the replacement equipment will also be covered. Except for this type o f replacement, no new or additional equipment is covered by this agreement unless it is listed on an equipment schedule.
  2. Relationship with warranties: This Agreement isn’t a warranty. Equipment purchased from [AV Dealer] is covered by the manufacturer’s wa rranty. Replacement and repair of defective parts is also covered by the manufacturer’s warranty.
  3. Service: For the fee set forth below, [AV Dealer] will inspect on a regular basis, and maintain in good operating condition, the equipment itemized on such Eq uipment Schedule. Inspection and maintenance of equipment will vary by the nature of the equipment, and is set forth on the Equipment Schedule.
  4. Fees: The fee for services to be performed under this Agreement are:
  5. Terms of Payment: Unless an Equipment Sched ule provides otherwise, all Customer Maintenance Agreements are to be prepaid for each maintenance period.
  1. Limited/Warranty:
  1. We will re-perform any maintenance service that proves defective during the term of this agreement. If we cannot provide any maintenance service due to our fault, we will refund that portion of your fee.
  2. Any materials provided during maintenance services are covered by that materials specific warranty. This agreement does not warrant any materials.
  3. THE WARRANTY SET F ORTH IN 6 (a) CONSTITUTES THE SOLE LIABILITY OF [AV DEALER] AND THE SOLE REMEDY OF THE CUSTOMER FOR DEFECTIVE WORKMANSHIP, WETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER FORM OF ACTION. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING TH E WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED HEREFROM.
  1. Term: The term of this Agreement shall be for the initial term set forth above starting on the Commencement date. This Agreement shall automatically renew for addi tional terms of one (1) year each unless either You or We gives notice of cancellation in writing to the other at least thirty (30) days prior to the expiration of the then current term. In the event of any such renewal period, the maintenance fees You wil l pay during such period shall be as set forth above.
  2. Exclusions: Except as otherwise set forth in the Equipment Schedule, the services to be provided for a quarterly service fee do not include:
  1. Service required as a result of abuse, misuse, electrical sto rms, power failures or fluctuations, glass breakage or damage, failure to follow user maintenance and operating instructions, or the failure or results of failure of interconnected equipment not specified on an Equipment Schedule, including, but not limite d to, wiring, conduit, or voice or data transmission equipment or facilities;
  2. Consumable items including, but not limited to, light bulbs, batteries, video cassettes or…………………………………
  3. Services required because of service, inspection, or tampering with equipm ent by anyone other than [AV Dealer] .
  4. Requested service outside our normal hours of operation.

  If [AV Dealer] determines that the service requested by the Customer is excluded pursuant to the above, and the Customer

  requests [AV Dealer] to perform such ser vice, the service will be provided under section 10.

  1. Parts: Unless an Equipment Schedule indicates that parts are included, You will pay [AV Dealer] then current list price for any replacement parts necessary for the performance of service on equipment.
  2. Other Services: You may from time to time request that [AV Dealer] provide other services not included in the service plan for equipment described on a specific Equipment Schedule, or for which no Equipment Schedule has been completed. [AV Deale r] will use reasonable efforts to provide such service at 90% of its then current and standard hourly rates.
  3. Termination:
     1. The fees listed above are non-refundable, even if you decide to cancel maintenance appointments.
     2. If you fail to make any payment in a timely manner, We will give you written notice, and if you still do not pay, for an additional 10 days after that notice, We can terminate this agreement.
     1. General:
        1. This Agreement and Equipment Schedule(s) constitute the entire agreement between the parti es concerning any service provided by [AV Dealer] to the Customer, and no representation, inducement, promises or agreements not embodied herein shall be of any force or effect.
        2. This Agreement shall be governed by and interpreted in accordance with the laws of the province of Alberta, applicable to contract to be performed wholly within such province by resident thereof.
        3. CUSTOMER ACKNOWLEDGES HAVING READ AND UNDERSTOOD ALL PAGES OF THIS AGREEMENT.

        [AV Dealer] (Customer)

        ___________________ ____________ __________

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