A maintenance agreement is a legal document that outlines the terms and conditions of a maintenance service between two parties. It is important to have a maintenance agreement in place to avoid disputes and ensure that both parties are aware of their obligations.
Here is an example of a maintenance agreement:
PARTIES: This agreement is made and entered into between [Client Name], hereinafter referred to as “Client,” and [Service Provider Name], hereinafter referred to as “Service Provider.”
SERVICES: Service Provider shall provide maintenance services for Client`s equipment and/or property listed in Exhibit A attached hereto.
TERM: This agreement shall commence on [Start Date] and shall continue for a period of [Contract Length] thereafter unless earlier terminated as provided herein.
TERMINATION: Either party may terminate this agreement at any time upon written notice to the other party.
PAYMENT: The fees for the maintenance services shall be as set forth in Exhibit B attached hereto. All fees shall be payable in [Payment Terms].
FORCE MAJEURE: Neither party shall be liable for any failure or delay in the performance of any obligation under this agreement due to causes beyond its control, such as acts of God, natural disasters, or governmental actions.
WARRANTIES: Service Provider warrants that the services provided under this agreement shall be performed in a professional and workmanlike manner and shall be of the quality and standard generally accepted in the industry.
CONFIDENTIALITY: Service Provider shall maintain the confidentiality of all information received from Client and shall not disclose such information to any third party without Client`s prior written consent.
INDEMNIFICATION: Service Provider shall indemnify and hold harmless Client against any claims, damages, or expenses arising out of any breach of this agreement by Service Provider.
GOVERNING LAW: This agreement shall be governed by and construed in accordance with the laws of the state of [State]. Any dispute arising out of or in connection with this agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.
This example of a maintenance agreement covers the basic terms and conditions required for such an agreement. It is important to have a maintenance agreement tailored to the specific circumstances of the maintenance service being provided. It is recommended to consult with an attorney for assistance in drafting a maintenance agreement.