An equipment maintenance agreement is an essential document that outlines the terms and conditions of the maintenance services provided for equipment used in a business or industrial setting. It is crucial to have this agreement in place to prevent equipment breakdowns, prolong equipment longevity, and ensure the safety of workers.
Before entering into any maintenance agreement, it is essential to create a well-drafted document that covers all the necessary aspects. This article will provide a sample of an equipment maintenance agreement that can serve as a guide for businesses.
Equipment Maintenance Agreement
This Equipment Maintenance Agreement (“Agreement”) is made and entered into between [Business name], located at [Address], and [Maintenance provider name], located at [Address], on [Date].
1. Purpose
The purpose of this Agreement is to establish the terms and conditions under which [Maintenance provider name] agrees to provide maintenance services for the equipment of [Business name].
2. Equipment
The equipment covered under this Agreement includes all the equipment listed in Exhibit A, which is attached hereto and incorporated by reference.
3. Maintenance Services
[Business name] engages [Maintenance provider name] to provide preventive and corrective maintenance services for the above equipment (“Services”). [Maintenance provider name] shall provide the Services in a timely, professional, and workmanlike manner. The Services shall include but are not limited to:
— Scheduled preventive maintenance
— Repair of equipment breakdowns
— Replacement of worn-out parts
— Cleaning and lubrication of components
— Inspection and testing of equipment
4. Term
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This Agreement shall commence on [Date] and shall continue for a period of [Number of years] years unless earlier terminated pursuant to the terms of this Agreement.
5. Fees and Payment
[Business name] shall pay [Maintenance provider name] the fees set forth in Exhibit B, attached hereto and incorporated by reference, for the Services provided under this Agreement. Payment shall be made within thirty (30) days of receipt of an invoice.
6. Termination
Either party may terminate this Agreement upon thirty (30) days’ written notice to the other party. However, if [Business name] terminates this Agreement without cause, it shall pay [Maintenance provider name] the fees for any Services provided up to the date of termination.
7. Limitations of Liability
[Business name] agrees that [Maintenance provider name] shall not be liable for any special, indirect, or consequential damages arising from the Services provided under this Agreement.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws provisions.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes all prior discussions, negotiations, and agreements between them. This Agreement may not be amended except in writing signed by both parties.
In conclusion, an equipment maintenance agreement is a necessary document to ensure the smooth operation of your business or industrial equipment. The sample agreement provided above is a useful guide for businesses looking to create their maintenance agreements. However, it is essential to consult with an attorney experienced in this area to ensure the agreement is tailored to meet the specific needs of your business.
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