The Maintenance Contract (Wartungsvertrag) is essential for businesses operating in Austria that require regular maintenance services for their equipment, facilities, or systems. This document is used when establishing a formal relationship between a maintenance service provider and a client, typically covering ongoing maintenance work, periodic inspections, and potentially emergency repairs. The contract must comply with Austrian legal requirements, including the ABGB (Austrian Civil Code) and UGB (Commercial Code), particularly regarding warranty obligations and liability provisions. It's commonly used in various scenarios from facility management to industrial equipment maintenance, and can be structured for both fixed-term and indefinite periods. The document includes detailed service level agreements, pricing mechanisms, and specific performance standards tailored to the maintained assets.
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1. Parties: Identification of the maintenance service provider and the client
2. Background: Context of the agreement and identification of the equipment/systems to be maintained
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of maintenance services to be provided
5. Service Provider Obligations: Core responsibilities of the maintenance provider
6. Client Obligations: Client's responsibilities including access provision and cooperation
7. Service Levels: Response times, maintenance schedules, and performance standards
8. Fees and Payment: Pricing structure, payment terms, and invoicing procedures
9. Term and Termination: Duration of the agreement and termination provisions
10. Warranty and Liability: Warranty terms for maintenance work and liability limitations
11. Insurance: Required insurance coverage for both parties
12. Confidentiality: Protection of confidential information
13. General Provisions: Standard legal provisions including governing law and jurisdiction
1. Emergency Services: Include when 24/7 emergency support is part of the service offering
2. Spare Parts: Include when the agreement covers provision and storage of spare parts
3. Data Protection: Include when maintenance involves access to personal data or IT systems
4. Health and Safety: Include for maintenance work in hazardous environments or with special safety requirements
5. Training: Include when the provider must train client's personnel
6. Subcontractors: Include when the provider may use subcontractors
7. Performance Penalties: Include when specific penalties apply for missed service levels
8. Equipment Loan: Include when temporary replacement equipment must be provided during maintenance
1. Schedule 1 - Equipment List: Detailed list of equipment/systems covered by the maintenance agreement
2. Schedule 2 - Service Level Agreement: Detailed service levels, response times, and performance metrics
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees, including regular maintenance and emergency services
4. Schedule 4 - Maintenance Schedule: Timeline and frequency of regular maintenance activities
5. Schedule 5 - Contact Details: Key contacts for both parties, including emergency contact information
6. Appendix A - Technical Specifications: Technical details of equipment/systems and maintenance requirements
7. Appendix B - Reporting Templates: Standard forms for maintenance reports and performance tracking
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Real Estate
Industrial Services
Healthcare
Hospitality
Information Technology
Transportation
Energy
Telecommunications
Facilities Management
Construction
Retail
Education
Relevant Teams
Legal
Operations
Facilities Management
Procurement
Engineering
Maintenance
Technical Services
Quality Assurance
Health & Safety
Commercial
Finance
Risk Management
Compliance
Relevant Roles
Facility Manager
Operations Director
Maintenance Supervisor
Technical Services Manager
Property Manager
Procurement Manager
Contract Administrator
Chief Operations Officer
Engineering Manager
Building Services Manager
Asset Manager
Maintenance Technician
Quality Assurance Manager
Health and Safety Officer
Commercial Director
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