Equipment Maintenance & Service Report

Equipment Maintenance & Service Report

This Equipment Maintainance & Service Report (hereinafter referred to as the “Report”), is made on the effective date [Date], by and between, the Company [Company Name], (hereinafter referred to as the “Service Provider”), having its principal place of business at [Address], and; the Equipment Owner [Equipment Owner Name], (hereinafter referred to as the “Customer”), having its principal place of business at [Address]. Both the Service Provider and the Customer are collectively referred to as the “Parties” and “Party” individually. The Service Provider qualifies to provide equipment maintenance services, and the Customer is willing to avail services of the Service Provider. Therefore, in consideration of mutual covenants and promises contained herein the Parties hereby agree as follows:

Terms and Conditions

1. The Annual Rate for Services

The annual rate for maintenance service shall be [Amount] on the date [Date]. The amount shall be paid in advance in installments of [Installment Amount] as on the date [Date]. Any installment payment which is not made on the said date shall be considered as overdue.

2. Maintenance Calls

The Service Provider shall agree to provide maintenance service which shall include [Number] maintenance calls that are required for installation purposes. All the charges as specified are currently subject to change at the time of renewal.

3. Services

The Service Provider shall provide the necessary equipment services which include:


[Mention the Services]

4. Payment

For the services specified above, the payment shall be an amount of [Amount]. The Customer agrees to pay the said amount as on [Date] upon receipt of the invoice.

5. Term

This report will commence on the date first written above and shall continue for a period of [Term Period]. The Company may terminate this Report at any time for any reason thereof. 

6. Confidential Information

The Company agrees to maintain the Customers’ business, proprietary, trade secrets, and other information as confidential. The Company further agrees not to disclose any information that relates to the Customers property to anyone. The Company agrees that the Customers information shall be solely used for business purposes only. 

7. Indemnification

The Customer agrees to indemnify the Company against any claim, damages, cost, loss, expense, or any kind of liability arising out of and/or in connection with any claims, damages, suits, demands, or execution of this Report.

8. Limitation of Liability

The liability of the Customer shall be limited to the fees due to the Company under this Report. In no event shall the Company be liable for any special, incidental, consequential, or other damages.

9. Arbitration

In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by Arbitration. There shall be [Number of Arbitrators] Arbitrators which shall be appointed by [Party Name]. The venue of Arbitration shall be [Venue/Location of Arbitration] and Seat shall be [State]. The Arbitrators’ decision shall be final and will be binding on both the Parties.

10. Miscellaneous

Severability: In the event, any provision of this Agreement is deemed to be invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Agreement, and all other provisions shall remain in full force and effect as valid and enforceable.

Governing Law: This Agreement shall be governed in all respects by, and be construed in accordance with, the laws of State of [State].

Notices: Any notices required or permitted by this Agreement shall be in writing and delivered by certified mail or courier to the above-mentioned address.

Entire Agreement: The entire Report herein set forth by the Parties hereto is binding upon both the Parties.

Acceptance and Signature

IN WITNESS THEREOF, the Parties hereto have executed this Agreement as on the day and year mentioned above:

Service Provider


Customer

Signature