The Maintenance Agreement is designed for use in New Zealand business contexts where regular maintenance services are required for properties, facilities, or equipment. This contract type is essential for establishing clear service parameters, responsibilities, and performance standards between maintenance service providers and their clients. The agreement ensures compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017, Consumer Guarantees Act 1993, and Health and Safety at Work Act 2015. It provides comprehensive coverage of service specifications, payment terms, liability provisions, and operational procedures, making it suitable for both commercial and industrial applications where ongoing maintenance is critical to operations.
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1. Parties: Identifies and provides full details of the service provider and the client
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the maintenance services to be provided, including frequency and coverage
5. Term and Renewal: Specifies the duration of the agreement and renewal conditions
6. Service Provider Obligations: Lists the responsibilities and commitments of the maintenance provider
7. Client Obligations: Outlines the client's responsibilities and requirements for enabling service delivery
8. Fees and Payment Terms: Details the cost of services, payment schedule, and payment methods
9. Service Levels: Specifies performance standards, response times, and quality metrics
10. Health and Safety: Outlines safety requirements and compliance with relevant regulations
11. Insurance and Liability: Specifies insurance requirements and liability limitations
12. Termination: Details circumstances and procedures for ending the agreement
13. General Provisions: Includes standard legal clauses such as governing law, notices, and assignment
1. Emergency Services: Include when 24/7 emergency maintenance services are part of the agreement
2. Equipment and Materials: Include when specific equipment or materials are to be provided by either party
3. Warranties: Include when specific warranties for workmanship or materials are offered
4. Subcontracting: Include when the service provider may need to engage subcontractors
5. Performance Penalties: Include when specific penalties for missing service levels are required
6. Environmental Requirements: Include when maintenance activities have environmental implications
7. Training and Documentation: Include when staff training or maintenance documentation is part of the service
8. Intellectual Property: Include when maintenance involves proprietary systems or technology
1. Schedule 1 - Service Specifications: Detailed description of maintenance tasks, frequencies, and procedures
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, rates, and charging structures
3. Schedule 3 - Service Level Requirements: Specific metrics, KPIs, and performance standards
4. Schedule 4 - Site Details: Information about maintenance locations and access requirements
5. Schedule 5 - Equipment Register: List of equipment covered under the maintenance agreement
6. Schedule 6 - Contact Details: Key contacts for both parties including emergency contacts
7. Appendix A - Maintenance Checklist: Standard checklist for routine maintenance tasks
8. Appendix B - Incident Report Template: Template for reporting maintenance issues or incidents
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