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Maintenance And Service Contract for Indonesia

Maintenance And Service Contract Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the terms and conditions for the provision of maintenance and service work. The document outlines the responsibilities of both the service provider and client, including scope of services, performance standards, payment terms, and compliance requirements under Indonesian regulations. It incorporates specific provisions for workplace safety, labor standards, and consumer protection in accordance with Indonesian legislation, while ensuring clear delineation of liability and risk allocation between parties.

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What is a Maintenance And Service Contract?

The Maintenance And Service Contract is essential for businesses operating in Indonesia that require ongoing maintenance and service support for their facilities, equipment, or infrastructure. This document is specifically designed to comply with Indonesian legal requirements, including the Civil Code (KUHPerdata), Labor Law, and relevant safety regulations. It's typically used when a company needs to engage professional maintenance services on a regular basis, requiring detailed specification of service levels, response times, and performance standards. The contract ensures both parties understand their obligations while providing protection under Indonesian law, particularly regarding worker safety, service quality, and liability allocation. It's especially important in regulated industries where equipment maintenance and service standards are crucial for operational compliance and risk management.

What sections should be included in a Maintenance And Service Contract?

1. Parties: Identification of service provider and client, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, including brief description of the client's needs and service provider's expertise

3. Definitions: Key terms used throughout the agreement, including technical maintenance terms, service levels, and contract-specific terminology

4. Scope of Services: Detailed description of maintenance and service work to be performed, including regular maintenance tasks and reactive services

5. Term and Renewal: Duration of the agreement, commencement date, and renewal terms

6. Service Provider Obligations: Specific responsibilities of the service provider, including quality standards, response times, and reporting requirements

7. Client Obligations: Client's responsibilities, including access provision, information sharing, and cooperation requirements

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

9. Service Levels: Performance standards, KPIs, response times, and measurement criteria

10. Health and Safety: Safety requirements, compliance with regulations, and risk management procedures

11. Insurance and Liability: Insurance requirements, limitation of liability, and indemnification provisions

12. Confidentiality: Protection of confidential information and trade secrets

13. Termination: Grounds for termination, notice periods, and consequences of termination

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

15. Governing Law and Dispute Resolution: Applicable law and procedures for resolving disputes

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment

What sections are optional to include in a Maintenance And Service Contract?

1. Intellectual Property Rights: Required when maintenance services involve software, technology, or creation of new IP

2. Data Protection: Needed when service provider will have access to personal or sensitive data

3. Warranty: Include when specific guarantees are provided for parts or workmanship

4. Equipment and Materials: Required when service provider supplies or uses specific equipment or materials

5. Subcontracting: Include when service provider may need to engage subcontractors

6. Training and Knowledge Transfer: Relevant when contract includes training of client's staff

7. Business Continuity: Important for critical maintenance services that require backup plans

8. Environmental Compliance: Required when services have environmental impacts or requirements

What schedules should be included in a Maintenance And Service Contract?

1. Schedule 1 - Service Specifications: Detailed breakdown of maintenance and service tasks, frequencies, and procedures

2. Schedule 2 - Fee Schedule: Detailed pricing, including rates for different service types, overtime, and emergency calls

3. Schedule 3 - Service Levels and KPIs: Detailed performance metrics, measurement methods, and reporting requirements

4. Schedule 4 - Equipment and Assets: List of equipment/assets covered under the maintenance contract

5. Schedule 5 - Site Access and Security Procedures: Procedures for accessing client premises and security protocols

6. Schedule 6 - Contact Details: Key personnel and escalation contacts for both parties

7. Appendix A - Maintenance Log Template: Standard format for recording maintenance activities

8. Appendix B - Incident Report Form: Template for reporting incidents or issues

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

Indonesia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions


















































Clauses




























Relevant Industries

Manufacturing

Real Estate

Facilities Management

Industrial Services

Commercial Property

Healthcare

Hospitality

Data Centers

Telecommunications

Energy

Infrastructure

Transportation

Education

Retail

Relevant Teams

Operations

Facilities Management

Procurement

Legal

Risk Management

Maintenance

Technical Services

Compliance

Health Safety Environment

Asset Management

Property Management

Contract Administration

Relevant Roles

Facility Manager

Operations Director

Maintenance Supervisor

Contract Manager

Property Manager

Technical Services Manager

Chief Operations Officer

Procurement Manager

Legal Counsel

Risk Manager

Asset Manager

Building Services Manager

Compliance Officer

HSE Manager

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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