VIEWS: 36 PAGES: 6 CATEGORY: Legal Forms POSTED ON: 5/19/2010
USA computer dealers, sell computer hardware and support services to a customer with this fully editable Hardware Maintenance and Support Contract template.
The Agreement contains standard required provisions such as:
- service fees and charges to be paid by the customer,
- terms of payment,
- list of hardware maintenance and support services provided,
- days and times included under the contract (generally normal business hours),
- restrictions on service,
- obligations of each party,
- support materials and documentation,
- remedies on default,
- termination by either party.
This USA Hardware Maintenance and Support Contract is provided in MS Word format and is fully editable to fit your business needs.
MAINTENANCE AGREEMENT BETWEEN [NAME OF SUPPLIER] (“Supplier”) - and - Customer: Installation Address: City: State: Zip Code: Supplier agrees to sell to Customer and Customer agrees to accept Supplier's data processing equipment maintenance service for the equipment listed below subject to the following terms and conditions: 1. Initial term [State length of term] 2. Equipment and charges schedule [list of equipment and charges] 3. Effective date and term (a) This agreement will be effective upon execution by Supplier. The maintenance term will commence on the date established for the commencement of charges in paragraph 4(b) and shall run for the period indicated in paragraph 1, and thereafter subject to termination by either party on days prior written notice. (b) Upon commencement of the term, Supplier's obligation to Customer under any prior Supplier maintenance service agreement for the equipment in paragraph 2 will cease and neither Customer nor Supplier will have any further obligation to the other in connection with the prior agreement except for payment by Customer for charges incurred under it. 4. Charges and terms of payment (a) Monthly maintenance charges during the first year of this agreement will be the amounts indicated in paragraph 2. Monthly maintenance charges thereafter shall be subject to increase by Supplier upon ninety (90) days prior written notice of its general intent to increase these charges, but in no event will the monthly maintenance charges exceed Supplier's then current published commercial prices. (b) For newly installed equipment, the monthly maintenance charge for each unit of equipment will commence on the date that the unit is installed and ready for use as determined by Supplier. For equipment already installed, the monthly maintenance charge will commence on the date of execution of this agreement by Supplier. (c) The monthly maintenance charge, and any additional monthly charges, will be invoiced in advance on the first day of each month and will be payable by Customer within thirty (30) days from date of invoice. The monthly maintenance charge for a fraction of a calendar month will be prorated on a thirty (30) day basis. -2- (d) If installation of a unit of equipment is delayed by Customer for more than _____ days from the date of shipment, Supplier reserves the right to charge for any costs incurred in making the equipment ready for use prior to it going on maintenance. (e) Customer will pay, or reimburse Supplier, for all state and federal taxes imposed on Customer or Supplier on any interest in or service provided or upon this agreement. (f) Any other charges will be invoiced to Customer as incurred and will be due and payable upon receipt of invoice. (g) Customer agrees that Supplier reserves the right to apply a service charge, at rates designated from time to time but not in excess of the lawful maximum, on accounts unpaid after their due dates. (h) Maintenance service requested outside the Principal Period of Maintenance or contracted extensions of it, and at any time on statutory holidays will be provided in accordance with Supplier's hourly rates and policies then in effect. (i) Maintenance service provided at Supplier's hourly rates will be subject to a minimum time charge of ____ hours excluding travel time to and from site of installation. Charges will be computed to the nearest 1/10th of an hour. 5. Maintenance service (a) Payment of the monthly maintenance charge will entitle the Customer to preventive and remedial maintenance service during the Principal Period of Maintenance which is the nine (9) hours per day between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding statutory holidays. (b) Supplier will make all necessary adjustments and repairs to keep the equipment in good operating condition in accordance with Supplier's policies then in effect. Supplier’s representatives require full access to the equipment in order to effect necessary adjustments and repairs. (c) Supplier will determine the preventive maintenance service required for the equipment. Remedial maintenance service will be provided after notification that the equipment is inoperative. (d) Customer will provide adequate storage space for spare parts, test equipment and adequate working space, heat, light, ventilation, electric current and outlets for use by Supplier's maintenance representatives. These facilities will be within a reasonable distance from the equipment to be serviced and will be provided at no charge to Supplier. (e) Customer will not move or permit the equipment to be moved without Supplier's prior written consent. (f) All spare parts until incorporated into the equipment, all test and maintenance equipment, tools and maintenance documentation and media will remain the property of Supplier and may be removed by Supplier at any time. (g) Replacement parts will be installed on an exchange basis at no additional charge to Customer. Defective parts which are replaced become the property of Supplier. -3- (h) Maintenance service does not include replacing or providing supplies, accessories, or refinishing of equipment; nor maintenance of accessories, attachments, machines or other devices not provided by Supplier; nor making specification changes or performing services connected with relocation of equipment; nor adding or removing accessories, attachments or other devices. Any maintenance resulting from other than normal operation of the equipment including Customer's fault or misuse of the equipment or Customer's failure to provide the necessary facilities or specified operating supplies or to meet Supplier's site specifications will be invoiced to Customer as an additional charge. (i) If, in the opinion of Supplier, equipment owned by Customer is no longer capable of being maintained in good operating condition, and cannot reasonably be repaired on site, Supplier will provide to Customer an estimate of reconditioning charges for that equipment. If Customer fails to make the equipment available to Supplier for reconditioning within ____ days after receipt of the e
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