Computer Equipment Maintenance Agreement
A Computer Equipment Maintenance Agreement sets out the terms and conditions between a customer, who has computer equipment that needs to be maintained, and the supplier who will provide maintenance services for the equipment.
5.0 (2 reviews)
Last updated December 20, 2024
Under 10 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
If you have computer equipment that needs to be maintained or you are providing maintenance service for computer equipment, you need to set out the terms and conditions of those maintenance services. An Equipment Maintenance Agreement sets out, in writing, terms including the maintenance services to be provided and the related charges, matters relating to spare parts, access and records as well as termination, warranties and liabilities. It can also help protect your Confidential and Personal Information and prevent disputes arising throughout the term of the agreement.
The Legal Risk Score of a Computer Equipment Maintenance Agreement Template
Our legal team have marked this document as low risk considering:
- The agreement allows the Supplier to adjust maintenance charges if the equipment is substituted, altered, or relocated, potentially leading to unexpected cost increases for the Customer.
- The Supplier is not obligated to provide maintenance services for a range of issues including damage from environmental factors or unauthorized modifications, which could leave the Customer without support for certain types of equipment failures.
- The Customer is required to maintain a supply of spare parts as specified by the Supplier, which could impose additional operational and financial burdens.
Computer Equipment Maintenance Agreement Checklist
Complete your free Computer Equipment Maintenance Agreement with our checklist
Review and Confirm Details
Ensure that all the details such as the commencement date, maintenance charges, and equipment specifications listed in Schedule 1 are accurate and reflect the agreed terms.
Sign and Exchange Copies
Both parties should sign the agreement and exchange copies to ensure that each has a legally binding document for their records.
Notify Relevant Parties
Inform all relevant internal teams or departments about the terms and responsibilities outlined in the agreement to ensure smooth implementation and compliance.
Schedule Initial Maintenance
Set up the initial maintenance session as prescribed in the agreement to start the maintenance schedule on the right foot and confirm the frequency of preventive maintenance services.
Use this Computer Equipment Maintenance Agreement if:
- You would like to provide maintenance services for computer equipment to another entity; or
- You would like to receive maintenance services for computer equipment from another entity.
What does the Computer Equipment Maintenance Agreement cover?
- Duration of agreement
- Provision of services, including preventative and remedial Maintenance;
- Maintenance Charges;
- Exclusions to service;
- Title;
- Spare parts;
- Access;
- Records;
- Termination for supplier and customer;
- Warranties;
- Liability;
- Confidentiality;
- Privacy;
- Notices;
- Assignment;
- Waivers;
- Dispute Resolution;
Is a Computer Equipment Maintenance Agreement legally binding?
An Equipment Maintenance Agreement is a contract between two parties, so yes it is legally binding. If the Equipment Maintenance Agreement is not performed as promised, it will be likely the agreement is breached. Essentially, it sets out the terms of the provision of the equipment maintenance services agreed to between the parties in writing so each party understands their rights and obligations.
What can I do if my Computer Equipment Maintenance Agreement has been breached?
A breach or threatened breach by either part of any of the material obligations under the Equipment Maintenance Agreement gives the affected party the option to terminate the agreement immediately. However, it is generally better that both parties come to an alternative agreement as to the steps forward. This might be in the way of completing the services differently, in a different time period, compensation for damage incurred or a refund for work. In some cases where an Equipment Maintenance Agreement is breached it may be best to obtain legal advice. Where a compromise cannot be reached between the parties or irrevocable damage has occurred it may be best to engage with a lawyer to determine which party is in the wrong or whether an amicable outcome is possible.
Who generally owns the intellectual property between a supplier and customer?
Generally, intellectual property created by an individual will be owned by them, unless the rights are assigned through some sort of agreement. Therefore, where a contractor does work for a client, the intellectual property will be held by them unless the rights are assigned to the client through a written agreement. Most contractor agreements will include provisions assigning applicable intellectual property to the receiver of the service.
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