Plant Maintenance Agreement
This Plant Maintenance Agreement is designed for use by businesses providing plant or equipment maintenance services to other businesses. It is not suitable for provision of services to a consumer, i.e. an individual who receives services for his/her personal use and for purposes wholly or mainly outside his/her or another’s business.
These terms and conditions are substantially the same as those contained in the Hardware Maintenance Agreement, however the terms in this document are somewhat broader in terms of the equipment they cover. Moreover, additional obligations fall upon the client in relation to the correct use of equipment and appropriate staff training.
Under this template agreement, the service provider carries out tasks ranging from the commissioning of new equipment to repairing faults and carrying out regular preventative maintenance. Details are also provided in this agreement as to what the service provider will not cover.
This document is designed primarily with industrial equipment in mind and can be applied to virtually any kind of such equipment. The Hardware Maintenance Agreement may be more appropriate where computer equipment is concerned.
This Plant Maintenance Agreement contains the following clauses:
1. Definitions and Interpretation
2. Term
3. Fees and Payment
4. Services
5. Client’s Obligations
6. Service Provider’s Obligations
7. Warranty
8. Liability
9. Termination
10. Confidentiality
11. Notices
12. Relationship of Parties
13. Assignment
14. Force Majeure
15. Severance
16. Entire Agreement
17. No Waiver
18. Non-Exclusivity
19. [Dispute Resolution (ADR and Arbitration)]
20. Law and Jurisdiction
and the following schedules:
1. Equipment
2. Sites
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the agreement.
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