The Maintenance Agreement is a critical document used to establish a formal relationship between a maintenance service provider and a client in Indonesia. It is particularly relevant when regular maintenance services are required for equipment, facilities, or systems, ensuring their optimal operation and compliance with local regulations. The agreement covers essential elements such as scope of services, performance standards, payment terms, and liability provisions, all structured within Indonesian legal requirements. This document is commonly used across various industries and is designed to comply with the Indonesian Civil Code and relevant sector-specific regulations. The Maintenance Agreement becomes especially important in contexts where continuous operational efficiency is crucial and where clear service level agreements need to be established.
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1. Parties: Identification of the service provider and the client, including their legal details and authorized representatives
2. Background: Context of the agreement, including brief description of the client's needs and service provider's capabilities
3. Definitions: Key terms used throughout the agreement, including technical terminology specific to the maintenance services
4. Scope of Services: Detailed description of maintenance services to be provided, including routine and preventive maintenance
5. Term and Renewal: Duration of the agreement and conditions for renewal or extension
6. Service Provider's Obligations: Detailed responsibilities of the maintenance service provider, including quality standards and response times
7. Client's Obligations: Client's responsibilities, including access provision, cooperation, and maintaining suitable environment
8. Fees and Payment Terms: Maintenance fees, payment schedule, late payment consequences, and price adjustment mechanisms
9. Performance Standards: Service levels, maintenance schedules, and quality metrics
10. Health and Safety: Safety requirements and compliance with relevant regulations
11. Insurance and Liability: Insurance requirements and limitation of liability provisions
12. Termination: Grounds for termination, notice requirements, and consequences of termination
13. Force Majeure: Events excusing performance and procedures during force majeure events
14. Confidentiality: Protection of confidential information exchanged during service provision
15. Governing Law and Dispute Resolution: Applicable law and methods for resolving disputes
1. Specialized Equipment: Additional terms for maintenance of specific equipment or machinery, include when agreement covers specialized technical equipment
2. Software Maintenance: Terms specific to software maintenance and updates, include when IT systems are part of maintenance scope
3. Multi-site Operations: Provisions for maintaining multiple locations, include when services cover multiple client sites
4. Spare Parts: Terms regarding supply and storage of spare parts, include when spare parts management is part of service
5. Emergency Services: Provisions for emergency maintenance services, include when 24/7 emergency response is required
6. Training: Terms for training client's personnel, include when knowledge transfer is part of maintenance scope
7. Environmental Compliance: Specific environmental requirements, include when maintenance involves environmental risks
8. Subcontracting: Terms for engaging subcontractors, include when service provider may need to subcontract
9. Intellectual Property: IP rights in maintenance innovations or improvements, include when IP creation is possible
1. Schedule 1 - Service Specifications: Detailed technical specifications of maintenance services and maintenance schedules
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including rates for different services and payment terms
3. Schedule 3 - Service Levels: Specific performance metrics, response times, and remedies for failure
4. Schedule 4 - Equipment List: Inventory of equipment or assets covered by maintenance services
5. Schedule 5 - Maintenance Procedures: Step-by-step procedures for routine and preventive maintenance
6. Schedule 6 - Contact Details: Key personnel and emergency contact information for both parties
7. Schedule 7 - Site Access Procedures: Protocols for accessing client premises and security requirements
8. Appendix A - Incident Report Template: Standard format for reporting maintenance incidents and issues
9. Appendix B - Health and Safety Guidelines: Specific health and safety procedures to be followed
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Property Management
Industrial Services
Facilities Management
Healthcare
Hospitality
Information Technology
Telecommunications
Energy
Infrastructure
Transportation
Education
Retail
Mining
Oil and Gas
Relevant Teams
Operations
Facilities Management
Procurement
Legal
Engineering
Maintenance
Quality Assurance
Health Safety Environment
Commercial
Technical Services
Asset Management
Contract Administration
Relevant Roles
Facility Manager
Operations Director
Maintenance Supervisor
Technical Services Manager
Chief Operating Officer
Procurement Manager
Contract Administrator
Engineering Manager
Property Manager
Asset Manager
Maintenance Technician
Quality Assurance Manager
HSE Manager
Commercial Director
Legal Counsel
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