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Equipment Maintenance Agreement

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.
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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.

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