DIY Legal Forms

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Maintenance Agreement

AGREEMENT between [Name] of [Address], hereinafter referred to as "Customer", and [Name] of [Address], hereinafter referred to as "Contractor", intending to be legally bound, hereby agree as follows:

Contractor agrees to maintain the following equipment by providing [--] hours of work on the following item or items of personal property every [--] days:

This agreement shall continue for a term of [--] months, unless otherwise terminated as provided for herein.

In return for the services described above, customer agrees to pay to contractor the sum of [$------], on a monthly basis; the above amount to be paid to contractor each and every month on the first of the month for so long as this contract remains in force and effect.

Contractor agrees to provide services as described above upon notification from customer of the necessity of the service, within a reasonable number of days of the notification except in the event of emergency as described below.

In the event that an emergency exists wherein customer is unable to use any item of personal property here and above described for which contractor has agreed to provide maintenance, customer agrees to notify contractor, and contractor shall use best efforts to go to customer's place of business and to service, repair or replace (as necessary) the item. Contractor may use an identical piece of property, whether or not used, to replace that item during the time period when contractor is repairing the original piece of personal property.

Customer agrees to promptly pay contractor upon invoice for any and all parts required by contractor to be purchased to repair or maintain the equipment as described above. Contractor agrees that it shall inform customer of the necessity of spending more than [$------] for any such item for the repair of the piece of personal property, before the item is actually purchased.

This agreement may be terminated by customer upon giving of [--] days notice to contractor of the termination hereof. This agreement will be terminated with or without cause by customer pursuant to the provisions of this paragraph.

In no event shall this agreement constitute an employment agreement, and contractor shall be considered only as an independent contractor and not as an employee, agent, partner, or joint venturer of customer.

Contractor shall be solely responsible for any and all taxes (state, federal, and or local); worker's compensation insurance; disability payment; social security payment; unemployment insurance payment; insurance; or any similar type of payment for contractor or any employee of contractor, and shall hold customer free and harmless from any and all such payments or the requirements thereof.

Any dispute that arises hereunder shall be resolved by arbitration pursuant to the rules of the American Arbitration Association or the rules of [Alternative Organization].

In the event that litigation is commenced to enforce any of the terms of this agreement, the prevailing party in the litigation (whether by court or arbitration) shall be entitled to the costs thereof, including reasonable attorney fees.

This agreement shall be interpreted pursuant to the laws of [State].

EXECUTED this [Date].





*** If Required By State Law ***

This Section for Notary:


State of _________

County of ________ [County]

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.

Signature ________

My commission expires: _____