Maintenance contract template (US)

Maintenance Services Agreement

This Agreement is made on Effective Date between Customer Name at Customer Address ("Customer") and Service Provider Name, a Provider Entity Type and State, at Provider Address ("Provider"), license number Provider License Number, if required.

1. Covered Equipment

| Equipment and Model | Serial Number | Location |

| --- | --- | --- |

| First Equipment | First Serial Number | First Location |

| Second Equipment | Second Serial Number | Second Location |

2. Preventive Maintenance

Provider will make Visits per Year scheduled visits each year to inspect, clean, adjust and test the equipment following the manufacturer's recommendations, and will give a written report after each visit.

3. Repair Calls

Customer may report faults at Service Phone or Email. Provider will respond within Normal Response Hours hours, or Emergency Response Hours hours for an emergency that stops operations or raises a safety risk, during Coverage Hours. These are response times, not repair times.

4. Fees

Customer will pay $Annual Fee per year, in Billing Installments, within Payment Days days of each invoice, plus any sales tax that applies. Calls outside coverage hours or for excluded items are billed at $Hourly Rate per hour, with Customer's approval given in advance.

5. Parts

Parts Included or Excluded. Replacement parts must be new or manufacturer-approved. Any part not covered will be quoted in writing before it is fitted.

6. Exclusions

This Agreement does not cover damage from misuse, accident, power problems, disasters or changes made by others, or upgrades or the replacement of equipment beyond economic repair. Provider will tell Customer in writing if it believes that a piece of equipment is unsafe or not worth repairing.

7. Customer's Duties

Customer will give safe access, operate the equipment as the manufacturer directs, keep it free of unauthorized repairs, and tell Provider promptly of faults.

8. Standards and Warranty

Provider will use qualified technicians, follow the codes and safety rules that apply, and keep the licenses that its work requires. Provider warrants its repairs for Workmanship Warranty Days days. Nothing here reduces a manufacturer's warranty, or any right that a consumer has by law that cannot be waived. OTHER THAN AS STATED HERE, PROVIDER MAKES NO WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT THE LAW ALLOWS.

9. Insurance and Liability

Provider will carry commercial general liability insurance of at least $Liability Coverage per occurrence, and workers' compensation as the law requires. Provider will pay for property damage caused by its negligence. NEITHER PARTY IS LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, AND EACH PARTY'S TOTAL LIABILITY IS LIMITED TO THE FEES PAID OR OWED IN THE Liability Cap Months MONTHS BEFORE THE CLAIM, except for payment owed, indemnity for third-party claims, breach of confidentiality, or fraud or willful misconduct.

10. Term and Termination

This Agreement runs from Start Date to End Date, and renews for one-year periods unless a party gives Non-Renewal Notice Days days' written notice of non-renewal. Either party may end it if the other materially breaches and does not cure within Cure Days days after written notice, and Provider will refund any prepaid fee for the unused period, less amounts owed.

11. Independent Contractor

Provider is an independent contractor, controls how the work is done, and is responsible for its own staff, taxes and insurance. Nothing here creates employment, partnership or agency.

General Terms

Governing law. This Agreement is governed by the laws of the State of Governing State, without regard to its conflict of laws rules. Any lawsuit will be brought in the state or federal courts located in Venue County and State.

Entire agreement. This Agreement is the parties' complete agreement on its subject and replaces all earlier discussions. It may be changed only in a writing signed by both parties.

Severability. If a court finds any part of this Agreement unenforceable, that part will be enforced to the extent the law allows, and the rest stays in effect.

Notices. Notices must be in writing and sent to the addresses above by personal delivery, certified mail or a nationally recognized courier.

Counterparts and e-signatures. This Agreement may be signed in counterparts and by electronic signature, which has the same effect as an original.

| Customer | Provider |

| --- | --- |

| Signature: Customer Signature | Signature: Provider Signature |

| Name: Customer Printed Name | Name: Provider Printed Name |

| Date: Customer Signing Date | Date: Provider Signing Date |