Free Sample Equipment Maintenance Contract Template

Sample Equipment Maintenance Contract

This Equipment Maintenance Contract ("Contract") is made and entered into as of January 1, 2050, by and between [Your Company Name], a company duly organized and existing under the laws of Georgia, with its principal office located at [Your Company Address], (hereinafter referred to as the "Service Provider"), and ViGlobe, a corporation with its principal office located at Atlanta, GA 30301, (hereinafter referred to as the "Client").

I. Purpose of Agreement

The purpose of this Contract is to establish the terms and conditions under which the Service Provider will provide regular maintenance services for the Client's equipment. This includes, but is not limited to, inspections, repairs, replacements, and adjustments necessary to maintain the equipment in good working order.

II. Scope of Services

The Service Provider agrees to provide the following services for the Client’s equipment, which include machinery, electrical systems, and other related systems (hereinafter referred to as the "Equipment"):

1. Routine Maintenance

  • The Service Provider will conduct regular inspections and maintenance checks on the Equipment, including calibration, lubrication, cleaning, and performance testing to ensure proper functioning.

2. Emergency Repairs

  • The Service Provider will respond to and resolve any emergency equipment failures, including breakdowns that impact the normal operations of the Client's business. Emergency repairs will be addressed within 24 hours of notification by the Client.

3. Replacement of Parts

  • If any equipment parts are deemed necessary to be replaced due to wear, damage, or malfunction, the Service Provider will supply and install such parts. The Client will be informed of the cost of parts and labor before proceeding with the replacement.

4. Equipment Upgrades

  • The Service Provider may recommend equipment upgrades as necessary to improve performance, extend the useful life of the Equipment, or meet safety standards. Any proposed upgrades will require the prior written approval of the Client.

5. Documentation and Reporting

  • The Service Provider will maintain detailed records of all inspections, repairs, and replacements conducted on the Equipment. Monthly reports summarizing the work performed will be provided to the Client.

III. Term of Agreement

This Contract shall be effective from January 1, 2050, and will continue for a period of 12 months, unless terminated earlier pursuant to the termination provisions set forth herein. The Contract may be renewed upon written agreement of both parties.

IV. Payment Terms

The Client agrees to pay the Service Provider for maintenance services as follows:

1. Payment Schedule

  • The Client agrees to pay an annual service fee of $15,000 for the maintenance of all Equipment covered under this Contract.

  • Payment will be made in equal monthly installments of $1,250, due on the 1st day of each month.

2. Additional Costs

  • For any additional work beyond the scope of the services outlined in this Contract, such as emergency repairs or replacement of parts, the Client will be billed separately. The Service Provider will provide the Client with an estimate before proceeding with any additional work.

3. Late Payment

  • Payments not received within 10 days of the due date will incur a late fee of $150 per month until the outstanding balance is paid.

4. Invoices

  • Invoices will be sent to the Client at inquire@viglobe.mail. The Client agrees to make payments via wire transfer or any other mutually agreed-upon method.

V. Responsibilities of the Client

1. Access to Equipment

  • The Client agrees to provide the Service Provider with access to the Equipment during normal business hours to allow for maintenance, inspections, and repairs as required by this Contract.

2. Proper Use and Care

  • The Client agrees to use and maintain the Equipment in a manner consistent with the manufacturer's guidelines and to ensure that it is operated by properly trained personnel.

3. Notification of Issues

  • The Client agrees to promptly notify the Service Provider of any malfunction, failure, or irregularity detected in the Equipment. Failure to do so may result in voiding warranties or affecting the quality of service.

4. Additional Costs

  • Any work or repairs outside the scope of this Contract, as identified during routine inspections or emergency repairs, will be subject to additional charges. The Client will be provided an estimate for approval before such work is commenced.

VI. Warranties and Representations

1. Service Provider Warranty

  • The Service Provider warrants that all maintenance and repair services will be performed in a professional and workmanlike manner, in accordance with industry standards.

2. Equipment Warranty

  • The Client warrants that the Equipment is in proper working order and has been regularly maintained according to the manufacturer’s recommendations. The Service Provider is not responsible for pre-existing conditions not disclosed by the Client.

3. Exclusions

  • The Service Provider is not liable for any damages or failure caused by the Client’s misuse or neglect of the Equipment or by external factors such as natural disasters, power surges, or accidents.

VII. Termination of Agreement

This Contract may be terminated as follows:

1. Mutual Agreement

  • Either party may terminate this Contract at any time by mutual written consent.

2. Breach of Contract

  • Either party may terminate the Contract upon a material breach by the other party if the breach is not cured within 30 days following written notice.

3. Non-Payment

  • The Service Provider may terminate the Contract if the Client fails to make payments as outlined in the Payment Terms section. The Service Provider will provide the Client with 10 days' notice prior to termination.

VIII. Confidentiality

Both parties agree that any confidential information shared between them in connection with this Contract, including but not limited to proprietary information, pricing, technical specifications, and operational details, will be kept confidential and will not be disclosed to third parties without prior written consent.

IX. Liability and Indemnity

1. Service Provider Liability

  • The Service Provider’s liability under this Contract shall be limited to the value of the services provided, and the Service Provider shall not be liable for any indirect, incidental, or consequential damages arising from the maintenance, repair, or failure of the Equipment.

2. Client Indemnity

  • The Client agrees to indemnify and hold the Service Provider harmless from any and all claims, damages, or losses arising out of the Client’s use of the Equipment, including claims for injury or damage to persons or property.

X. Dispute Resolution

In the event of any dispute arising under this Contract, the parties agree to attempt to resolve the matter through informal negotiation. If the dispute cannot be resolved informally, the matter shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA).

XI. Miscellaneous

1. Governing Law

  • This Contract shall be governed by and construed in accordance with the laws of the state of Georgia.

2. Entire Agreement

  • This Contract constitutes the entire understanding between the parties and supersedes all prior negotiations, discussions, or agreements, whether oral or written.

3. Force Majeure

  • Neither party shall be liable for failure to perform due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, or governmental restrictions.

XII. Signatures

By signing below, the parties agree to the terms and conditions set forth in this Equipment Maintenance Contract.

For [Your Company Name]:

[Your Name]
[Your Company Name]
Date: January 1, 2050

For ViGlobe:

Trace Durgan
ViGlobe
Date: January 1, 2050

For any inquiries or clarifications, please reach out to [Your Name] at [Your Email] or [Your Company Email].

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