Maintenance contracts for solar panels, heat pumps, and home batteries

A maintenance contract for solar panels, heat pumps, or home batteries is a long-term agreement that offers installation companies income security and customers peace of mind — but only if it is properly drafted. In practice, this is precisely where things often go wrong: it is unclear which work is covered by the contract, and there is no provision for non-payment, force majeure, or cancelled appointments. Below, you can read what such a contract entails and which mistakes you should avoid.

What is a maintenance contract?

A maintenance contract is a service and maintenance agreement: a long-term agreement in which an installation company undertakes to perform maintenance on one or more installations during the term of the contract. This can apply to a wide range of items — from software to solar panels, heat pumps, home batteries, and air conditioners. In the contract, you specify which activities are and are not covered by maintenance, how often maintenance takes place, and the fee applicable.

The demand for such contracts is growing. Some installation companies even work exclusively with maintenance contracts and no longer offer one-off visits, partly due to a full schedule and the need for predictable revenue.

What are the benefits?

• For the customer: peace of mind and safety. Timely maintenance without having to call repeatedly, and a reduced risk of expensive repairs or replacement because the installation continues to operate optimally.
• For the installation company: certainty regarding income and a predictable cash flow, plus a stable customer relationship.

Common mistakes in maintenance contracts

Precisely because these contracts have long terms, ambiguities quickly lead to disputes. The most common mistakes:

• Unclear scope: it is not clear which activities do and do not fall under maintenance.
• No default arrangement: it is not stipulated what happens in the event of non-payment, such as suspension of the service.
• Unclear rates for additional work: repair work that falls outside of maintenance, without clear responsibilities and rates.
• No force majeure provision: uncertainty regarding force majeure situations.
• No cancellation policy: nothing is arranged if an appointment is cancelled due to the client's actions.
• Term and termination: unclear or (for consumers) invalid renewal and termination clauses.

What should you pay extra attention to?

• Obligation of effort versus obligation of result: do you guarantee a certain return or “merely” careful maintenance?
• Liability: limit your liability where possible, in compliance with consumer regulations.
• Warranty and relationship to the manufacturer's warranty of the installation.
• Cancellation rules for consumers: take into account the statutory rules regarding automatic renewal and notice periods.

Frequently asked questions about maintenance contracts

As an installation company, am I only allowed to work with maintenance contracts?

Yes, you decide which services you offer. However, the contracts must comply with the law, especially for consumers (think of termination and renewal rules and liability). A well-drafted contract prevents provisions from proving invalid later.

What if a customer wants to terminate the contract early?

That depends on the duration and the termination clauses. Protective rules apply to consumers; after any tacit renewal, a contract can often be terminated on a monthly basis. Therefore, clearly and legally establish the termination conditions.

Am I liable if the installation fails despite maintenance?

That depends on what you have agreed. With a proper duty of care and limitation of liability, you avoid being held responsible for damage that you could not reasonably have prevented. Without those provisions, you run a greater risk.

Have a maintenance contract drawn up or checked

The legal experts at MKB Juristen support installation companies in drafting, amending, and reviewing maintenance contracts for solar panels, heat pumps, and home batteries, ensuring they are legally sound and protect both parties. View our expertise in contract law or schedule a free intake.