Maintenance Agreement Templates
Whether you are dealing with computer hardware, software, a website, general equipment or plant, maintenance is often something that will be outsourced.
The Maintenance Agreements in this subfolder allow for the efficient and effective management of such work. Mutual obligations will generally be established. The balance of obligations will fall on the service provider; however clients will generally be required to provide access, information and in some cases, training for their own staff to ensure that equipment is used correctly.
In addition, Maintenance Agreements will ensure that maintenance is carried out in accordance with agreed terms, protecting the interests of both parties.
Maintenance Agreement Templates is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.
Frequently Asked Questions
I outsource maintenance of my equipment or IT. What should the agreement pin down? +
It should set the scope of what is covered, response and fix times, the charges and the liability limits, plus what the client must do, such as giving access, information and sometimes staff training. Splitting the obligations clearly is what avoids disputes when something breaks. The maintenance agreements here set mutual obligations, with the main burden on the provider and defined duties on the client.
How should response and repair times be handled in a maintenance contract? +
Through service levels: set out target response and fix times, priority levels, hours of cover and what happens if a target is missed, such as service credits. Loose promises like performing work promptly cause arguments. Service levels are contractual, not something the law implies, so they bind only if written in. The templates give you a structure into which to insert your agreed service levels.
Can the maintenance provider limit its liability if a fault causes me loss? +
Yes, but only within the Unfair Contract Terms Act 1977. Between businesses a provider can cap liability and exclude some indirect losses if the term is reasonable, but it cannot exclude liability for death or personal injury caused by negligence. An unreasonable cap can be struck out completely, leaving the provider fully exposed. Check the liability clause matches the value and risk of the work.
My maintenance client is a consumer, not a business. Does that change things? +
Yes. Under the Consumer Rights Act 2015 a service to a consumer must be performed with reasonable care and skill, within a reasonable time and at a reasonable price if none is agreed. Unfair terms are unenforceable and you cannot exclude these core rights. Use a consumer-appropriate version of the agreement and keep the terms fair and in plain language.
What is the difference between a maintenance agreement, a one-off repair and a warranty? +
A maintenance agreement is an ongoing arrangement for scheduled and reactive upkeep over a term, with recurring charges. A one-off repair is a single job under its own terms. A warranty or guarantee is a supplier's or manufacturer's promise about a product's condition. Use a maintenance agreement where you need continuing cover for equipment, IT, software, a website or plant, which is what these templates provide.
