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An equipment maintenance contract is a fixed fee service provided by a contractor for periodic maintenance of a buildings or equipment. An Equipment Maintenance Agreement or Maintenance Contract is often used in conjunction with an Equipment Sales Agreement (or an Equipment Lease Agreement) and details the terms and conditions for the maintenance of said equipment. As drafted this document contains a mandatory arbitration provision and allows for customization through the addition Exhibits to list the equipment and set the payment terms.
An equipment maintenance contract is a fixed fee service provided by a contractor for periodic maintenance of a buildings or equipment. An Equipment Maintenance Agreement or Maintenance Contract is often used in conjunction with an Equipment Sales Agreement (or an Equipment Lease Agreement) and details the terms and conditions for the maintenance of said equipment. As drafted this document contains a mandatory arbitration provision and allows for customization through the addition Exhibits to list the equipment and set the payment terms. © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 1 Equipment Maintenance Contract Agreement made on the (date), between (Name of Service Contractor) of (street address, city, state, zip code), referred to herein as Contractor, and (Name of Owner), of (street address, city, state, zip code), referred to herein as Owner or Client. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: I. This Agreement for Equipment Maintenance service between Contractor and Owner is made and entered into upon the date set forth above. II. The equipment (the Equipment) listed in Exhibit A attached hereto and made a part hereof is owned by the Owner and is covered by the terms of this Agreement. III. Client owns or has legal control of the Equipment. A. Pursuant to this Agreement, Contractor will use his best efforts to keep the Equipment in good working order. Such required level of maintenance services will include periodic inspections that are routine along with scheduled repairs and the replacement of parts on an as needed basis. Emergency repairs will also be made when necessary whenever the Equipment becomes inoperable unexpectedly. B. The Contractor is in the business of providing equipment maintenance services and hereby agrees to provide the following maintenance services to Client: 1. All of the Equipment described above shall be inspected and repaired on a regular basis, as suggested by the Equipment's maintenance manual supplied by the manufacturer for each specific piece of Equipment. 2. The Contractor shall respond to any of Client's requests for Emergency repairs within (number) hours of receiving a request from Client. 3. Contractor shall make sure that all services that are provided under the terms of this Agreement are performed by properly trained and certified individuals. The before mentioned employees shall be Certified by an accredited school or official manufacturer's training program. 4. Contractor also agrees that all employees that will be maintaining Client's Equipment will be legally eligible to work in the United States and that the Contractor is in compliance with all Federal and State wage and employment laws and with any additional applicable laws and regulations that are required administer the above mentioned services to the Client. © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 2 IV. In payment for services provided by Contactor the Client agrees as follows: 1. To pay the Contractor $_________ on the (number) day of each month for the duration of this stated contract. 2. To pay to Contractor for individual required repairs that are performed by Contractor at the price specified in the List of Repairs attached hereto as Exhibit B and hereby incorporated into this Equipment Maintenance Contract by reference. 3. To purchase from or provide to the Contractor all required parts, supplies and other materials that may be necessary and reasonable in order to properly maintain the Equipment in good working order. Contractor agrees that such parts and supplies along with other materials will be of exact specifications described by the Contractor for the Equipment to reach optimal operating status. V. All invoices for monthly maintenance and repair fees, including all supplies and services billed, will be submitted by Contractor to the Client no later than the _____ day of each month for the duration of this Agreement. Client shall pay each invoice received within thirty (30) days of stated due date. VI. This Agreement will expire on (date) at which time the Client and Contractor may extend the stated terms in writing. Either party may terminate this contract at any time by supplying a written notice of termination on a specified date to the other party, with at least two weeks’ notice prior to the stated date of termination. VII. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. VIII. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. IX. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of (name of state). 10. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 11. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 3 binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 12. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 13. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 14. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 16. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. ______________________________ _________________________ (Signature of Service Contractor) (Signature of Owner) (Printed Name of Service Contractor) (Printed Name of Owner) Attach Exhibits © Copyright 2012 Docstoc Inc. registered document proprietary, copy not 4
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