IT2015Terms and Conditions
EQUIPMENT MAINTENANCE AGREEMENT
1OBJECT OF AGREEMENT
The Customer and the Supplier specified below have agreed in accordance with the Terms and Conditions of this Agreement on Equipment Maintenance (hereinafter “Maintenance Service”).
2CONTRACTING PARTIES AND CONTACT PERSONS
Customer: ______
Business identity code:______VAT reg.
Customer’s address:______
Customer’s contact person:______
Supplier:______
Business identity code: ______VAT reg.
Supplier’s address:______
Supplier’s contact person:______
Each Party to this Agreement shall without undue delay inform the other Party in writing of any change regarding its contact person. The contact person is not authorised to agree on changes to thisAgreement.
3MAINTENANCE SERVICE
3.1 Maintenance Service constituting the object of the delivery
[ ]The Maintenance Servicehave been specified in annex number ____.
[ ]The Maintenance Service have been specified as follows:
______
______
______
3.2Equipment constituting theobject of the Maintenance Service
[ ]The equipment that constitutes the object of the Maintenance Service havebeen specified in annex number _____.
[ ]The equipment that constitutes the object of the Maintenance Serviceshavebeen specified as follows:
______
______
4SERVICE LEVELS AND SERVICE HOURS
4.1Service levels
[ ]The service level has beenspecified in annex number _____.
[ ]The Supplier shall commence the Maintenance Service:
[ ]Immediately upon receipt of anerror report.
[ ]Within ______hours of receipt of anerror report. Only the service hours specified in section 4.2 below shall be considered.
[ ]The working day following the receipt of an error report.
[ ]Within ______days of receipt of an error report.
[ ]As follows:
______
______
The Supplier shall continue the Maintenance Service:
[ ]24/7(24 hours a day on all weekdays).
[ ]As follows:
______
______
[ ]The service level has been specified as follows: ______
______
______
______
______
4.2Service hours
The Supplier shall perform the Maintenance Service during the following service hours:
[ ]Monday to Friday ____.____ – ____.____ excluding public holidays.
[ ]As follows:
______
______
5PRICES AND PAYMENT TERMS
5.1Recurring charges andservices covered by recurringcharges
[ ]The Maintenance Services covered by recurring charges are specified in annex number ____.
[ ]The Maintenance Services covered by recurring charges are:
[ ]Maintenance standby in accordance with the agreed service level.
[ ]Error diagnosis and repair of defects.
[ ]Spare parts required for repairs.
[ ]______
______
[ ]The total recurring charges for Maintenance Services are ______/ [ ]year / [ ]6 months / [ ]3 months /[ ]one month.
[ ]The recurring charges for Maintenance Services are specified in annex number ____.
5.2Separately charged services
The Maintenance Services shall be performed by the Supplier during the service hours specified in section 4.2 above. TheMaintenance Services performed at other times shall be charged for by the Supplier:
[ ]In accordance with annexnumber ______.
[ ]In accordance with Supplier’scurrent pricelist.
Other services not covered by the recurring charges and invoiced separately shall be charged for by the Supplier:
[ ]In accordance with annexnumber ______.
[ ]In accordance with Supplier’s current pricelist.
5.3Payment terms
[ ]The payment terms are____ days net from the date of delivery or the date of invoice, whichever is later.
[ ]The payment terms have been specified in annex number ____.
[ ]The payment terms have been specified as follows:
______
______
______
[ ]The invoicing has been specified in annex number ____.
[ ]The Supplier shall invoice recurring charges[ ]in advance/[ ]in arrears.
[ ]monthly
[ ]quarterly
[ ]every six months
[ ]once in a calendar year
[ ]The Supplier shall invoice the services not covered by the recurring charges and other charges in arrears
[ ]monthly
[ ]quarterly
[ ]every six months
[ ]once in a calendar year
[ ]The invoicing has been specified as follows:
______
______
______
6VALIDITY OF AGREEMENT
[ ]ThisAgreement shall remain in force for a fixed period of time and shall expire without further noticeon ____.______.
[ ]ThisAgreement shall remain in force until further notice in accordance with the IT2015 ELH Special Terms and Conditions for Equipment Maintenance annexed to this Agreement.
[ ]ThisAgreement shall remain in force until further notice.
The period of notice for the Customer is ______[ ]days/[ ]months.
The period of notice for the Supplier is ______[ ]days/[ ] months.
The period of notice shall be calculated from the last day of the month during which notice of termination has been given.
The Customer may terminate this Agreement to expire on ______at the earliest.
The Supplier may terminate this Agreement to expire on ______at the earliest.
EachParty may terminate the Maintenance Service for any individual equipment in accordance with the above-mentioned periods of notice.
7 SUBCONTRACTING
[ ]Subcontracting has been agreed in annex number ____.
[ ]Subcontracting has been agreed in accordance with the IT2015 YSE General Terms and Conditions annexed to thisAgreement.
[ ]Subcontracting has been agreed as follows:
______
______
______
______
______
8 CONFIDENTIALITY
[ ]Confidentiality has been agreed in annex number ____.
[ ]Confidentiality has been agreed in accordance with the IT2015 YSE General Terms and Conditions annexed to thisAgreement.
[ ]Confidentiality has been agreed as follows:
______
______
______
______
______
9LIABILITY FOR DAMAGES AND LIMITATION OF LIABILITY
[ ]Liability for damages and limitation of liability have been agreed in annex number ____.
[ ]The maximum liability for damages of a Party towards the other Party based on thisAgreement shall not, excluding possible liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, exceed in aggregate ______Euros. If aParty has an obligation to pay liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, the Party is also liable to pay damages only for the part of the loss exceeding the liquidated damages payable due to delay, service credits or other similar contractual penalties or credits. In addition, sections 12.3 - 12.5 of the IT2015 YSE General Terms and Conditions shall apply.
[ ]The maximum liability for damages of a Party towards the other Party based on thisAgreement shall not, excluding possible liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, exceed in aggregate the calculatory monthly price for MaintenanceServiceat the point of breach of contract, excluding the value added tax, multiplied by _____. If aParty has an obligation to pay liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, the Party is also liable to pay damages only for the part of the loss exceeding the liquidated damages payable due to delay, service credits or other similar contractual penalties or credits. In addition, sections 12.3 - 12.5 of the IT2015 YSE General Terms and Conditions shall apply.
10OTHER PROVISIONS
______
______
______
______
______
11ANNEXES OF AGREEMENT AND ORDER OF PRIORITY
11.1The following annexes form an integral part of this Agreement (please number the annexes):
______
______
______
______
______
11.2The following IT2015Terms and Conditions also form an integral part of this Agreement:
[ ]IT2015 ELH Special Terms and Conditions for Equipment Maintenance.
[ ]IT2015 YSE General Terms and Conditions.
11.3The order of priority of documents relating to this Agreement is as follows:
1. This Agreement.
2. annexes to thisAgreement other than IT2015Terms and Conditions. In case of discrepancy between these annexes, the annex with a smaller number shall prevail.
3. The special terms and conditions annexes of the IT2015Terms and Conditions annexed to thisAgreement.
4. IT2015 YSE General Terms and Conditions.
12 COPIES AND SIGNATURES
This Agreement has been executed in two identical copies, one for each Party.
Place and date Place and date
______.___.______.___.______
Customer’s signatureSupplier’s signature
______
Name(s) typed:Name(s) typed:
______