This Preventive Maintenance Contract is designed for use in New Zealand business environments where regular, scheduled maintenance of equipment, facilities, or systems is essential for operational continuity and regulatory compliance. The document is structured to comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Health and Safety at Work Act 2015, and relevant industry regulations. It provides a comprehensive framework for establishing maintenance service relationships, detailing scope of services, performance standards, risk allocation, and compliance requirements. This contract type is particularly valuable for businesses seeking to implement systematic maintenance programs to prevent equipment failure, optimize asset lifecycle, and maintain safe operating conditions.
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1. Parties: Identification of the service provider and the client, including full legal names and registered addresses
2. Background: Context of the agreement, including brief description of the client's needs and service provider's capabilities
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the preventive maintenance services to be provided
5. Term and Renewal: Duration of the agreement and conditions for renewal
6. Service Provider's Obligations: Detailed responsibilities of the maintenance service provider
7. Client's Obligations: Access requirements, cooperation obligations, and other client responsibilities
8. Maintenance Schedule: Frequency and timing of maintenance visits and services
9. Health and Safety: Health and safety requirements and compliance obligations
10. Fees and Payment: Payment terms, rates, and invoicing procedures
11. Performance Standards: Required service levels and quality standards
12. Records and Reporting: Requirements for maintenance records and reporting
13. Insurance and Liability: Insurance requirements and limitation of liability provisions
14. Termination: Conditions and procedures for contract termination
15. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution
1. Emergency Services: Include when emergency response services are part of the agreement
2. Spare Parts and Materials: Include when specific provisions for parts procurement and storage are needed
3. Key Personnel: Include when specific qualified personnel are required for specialized equipment
4. Warranties: Include when specific warranties for parts or workmanship are offered
5. Environmental Requirements: Include when maintenance activities have significant environmental implications
6. Security Requirements: Include when maintenance involves access to secure or sensitive areas
7. Training: Include when client staff training is part of the maintenance service
8. Subcontracting: Include when subcontractors may be used for specific maintenance tasks
1. Schedule 1 - Equipment List: Detailed list of equipment covered under the maintenance contract
2. Schedule 2 - Maintenance Procedures: Specific maintenance procedures and protocols for each type of equipment
3. Schedule 3 - Service Levels: Detailed service level requirements and performance metrics
4. Schedule 4 - Fee Schedule: Detailed breakdown of fees, rates, and payment terms
5. Schedule 5 - Site Access Procedures: Procedures and requirements for accessing maintenance sites
6. Schedule 6 - Report Templates: Standard templates for maintenance reports and records
7. Schedule 7 - Contact Details: Key contact persons and emergency contact information
8. Appendix A - Health and Safety Procedures: Specific health and safety procedures and requirements
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