Equipment Maintenance Agreement

Equipment Maintenance Agreement

eSign with Lawpath
1st document free
5.0 (2)
Under 10 minutes
Under 10 minutes
Last updated December 2018
Last updated May 24, 2021
Suitable for all Australian states and territories
Suitable for all Australian states and territories

An 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.

Get 1st document free

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.

 Use this 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 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;


What’s the difference between an Equipment Maintenance Agreement and a Service Agreement?

Equipment Maintenance Agreements are similar to Service Agreements as they are both contracts between parties focussed on the providing of a service. However, they differ in that Equipment Maintenance Services are tailored to a supplier providing maintenance services for a customer’s computer equipment. As such, they are more job specific, including specific terms for the provision of the services and the maintenance charges.

Is an 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 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.


Document Reviews

No reviews available.

How it works

Follow the steps below and you’ll have your ready-to-use document in no time.

Step 1

Set up a free Lawpath account

Step 2

Search and find the document you need from our list

Step 3

Follow the prompts and fill in all the relevant details

Step 4

Download your document in ready-to-use PDF or Docx* format. Access from any device, at anytime.

A giant library of template documents combined with a legal marketplace make this a must have for any small business owner.
Jake Benjafield

Create and access documents anytime, anywhere by signing up to our monthly or annual subscription plan

Sign up now

Recent Articles

Recent Articles

The A to Z Guide on ASIC For New Small Business Owners

Set up your business with the comfort of knowing you are legally complaint with ASIC requirements.

Business Outsourcing: A Comprehensive Guide for Business Owners

Want to efficiently grow your business but you feel as though you're lacking the resources? Outsourcing may be the answer you've been looking for.

Is a Signed Mediation Agreement Enforceable?

Read on to find out whether your signed mediation agreement is actually legally binding and enforceable.
Not sure what you need?
Call and speak to one of our
consultants for free on
1800 529 728
Australia’s leading
Online legal website

Lawpath has been recognised as a
leader and innovator across the legal

Safe and Secure

We keep all your information
encrypted to ensure your
privacy and safety.