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Maintenance Agreement for Germany

Maintenance Agreement Template for Germany

This document is a comprehensive Maintenance Agreement governed by German law, designed to establish and regulate the ongoing maintenance relationship between a service provider and a customer. It incorporates key provisions of the German Civil Code (BGB), particularly sections relating to service contracts (Dienstvertrag) and contracts for work (Werkvertrag). The agreement details maintenance services, performance standards, responsibilities, liability provisions, and commercial terms while ensuring compliance with German legal requirements, including warranty laws and, where applicable, consumer protection regulations.

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What is a Maintenance Agreement?

This Maintenance Agreement template is designed for use under German law when establishing a formal maintenance service relationship between a service provider and a customer. It is particularly relevant when regular, scheduled maintenance of equipment, facilities, or systems is required, incorporating both preventive and corrective maintenance provisions. The document addresses key aspects required under German law, including specific performance standards, warranty obligations, and liability provisions in accordance with the German Civil Code (BGB). The agreement is structured to provide clarity on service scope, responsibilities, and commercial terms while maintaining flexibility for different maintenance scenarios. It includes essential schedules for technical specifications, service levels, and pricing, making it suitable for both simple and complex maintenance arrangements.

What sections should be included in a Maintenance Agreement?

1. Parties: Identification of the contracting parties - maintenance service provider and customer

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Services: Detailed description of maintenance services to be provided

5. Service Provider's Obligations: Key responsibilities and obligations of the maintenance provider

6. Customer's Obligations: Access requirements, cooperation duties, and other customer responsibilities

7. Service Levels: Performance standards, response times, and quality metrics

8. Fees and Payment Terms: Pricing structure, payment schedule, and invoicing procedures

9. Term and Termination: Contract duration, renewal terms, and termination conditions

10. Warranty and Liability: Warranty terms, limitation of liability, and indemnification provisions

11. Force Majeure: Provisions for unforeseen circumstances and their impact on service delivery

12. Confidentiality: Protection of confidential information and trade secrets

13. Data Protection: GDPR compliance and data handling requirements

14. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

15. General Provisions: Standard clauses including severability, entire agreement, and amendments

What sections are optional to include in a Maintenance Agreement?

1. Insurance: Specific insurance requirements when dealing with high-value equipment or high-risk environments

2. Health and Safety: Required for maintenance services in industrial or hazardous environments

3. Regulatory Compliance: For industries with specific regulatory requirements (e.g., healthcare, manufacturing)

4. Subcontracting: Terms for allowing and managing subcontractors in service delivery

5. Training and Documentation: When specific training or documentation requirements are needed

6. Emergency Services: For agreements requiring 24/7 emergency response or special handling

7. Spare Parts Management: When the agreement includes management of spare parts inventory

8. Performance Penalties: Specific penalty clauses for service level breaches

9. Equipment Access and Security: For maintenance in secure facilities or sensitive locations

What schedules should be included in a Maintenance Agreement?

1. Schedule 1 - Service Specification: Detailed technical specifications of maintenance services

2. Schedule 2 - Equipment List: Inventory of equipment covered under the maintenance agreement

3. Schedule 3 - Service Level Agreement (SLA): Detailed service levels, metrics, and measurement methods

4. Schedule 4 - Fee Schedule: Detailed pricing, including standard rates and special service charges

5. Schedule 5 - Key Personnel: List of key service provider personnel and their responsibilities

6. Schedule 6 - Maintenance Schedule: Planned maintenance timeline and frequency

7. Schedule 7 - Response Time Matrix: Classification of issues and corresponding response times

8. Appendix A - Report Templates: Standard templates for maintenance reports and documentation

9. Appendix B - Contact Details: Emergency contacts and escalation procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Service Contract

Cost

Free to use
Relevant legal definitions


















































Clauses














































Relevant Industries

Manufacturing

Healthcare

Information Technology

Real Estate

Industrial Equipment

Facilities Management

Energy

Telecommunications

Transportation

Construction

Retail

Hospitality

Automotive

Aerospace

Data Centers

Relevant Teams

Legal

Operations

Procurement

Facilities Management

Engineering

Technical Services

Contract Management

Quality Assurance

Risk Management

Maintenance

Commercial

Finance

Compliance

Relevant Roles

Facility Manager

Maintenance Director

Technical Services Manager

Operations Manager

Procurement Manager

Contract Manager

Legal Counsel

Chief Technical Officer

Engineering Manager

Service Delivery Manager

Quality Assurance Manager

Asset Manager

Equipment Supervisor

Maintenance Technician

Commercial Director

Risk Manager

Compliance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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