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This Equipment Maintenance Agreement is designed for use in the Indian jurisdiction when establishing a formal maintenance service relationship between equipment owners and maintenance service providers. It is particularly relevant when regular, scheduled maintenance of valuable or critical equipment is required, ensuring clear definition of maintenance scope, service levels, and responsibilities. The agreement incorporates key elements required under Indian contract law, including specific provisions for service quality standards under the Consumer Protection Act, 2019, and GST compliance requirements. It's structured to protect both parties' interests while ensuring practical operability in various industrial and commercial settings. The document is essential for businesses seeking to establish long-term maintenance arrangements with clear performance metrics, liability provisions, and dispute resolution mechanisms.

1. Parties: Identification of the service provider and equipment owner/operator, including their registered addresses and company details

2. Background: Context of the agreement, including brief description of the equipment and purpose of maintenance services

3. Definitions: Detailed definitions of technical terms, service levels, and other key terms used throughout the agreement

4. Scope of Services: Detailed description of maintenance services, including preventive and corrective maintenance obligations

5. Term and Renewal: Duration of the agreement and conditions for renewal or extension

6. Service Provider Obligations: Detailed responsibilities of the maintenance service provider, including response times and quality standards

7. Customer Obligations: Requirements for customer cooperation, access to equipment, and operational conditions

8. Fees and Payment Terms: Maintenance fees, payment schedule, and terms including GST implications

9. Service Levels: Specific performance metrics, response times, and maintenance standards

10. Warranties: Warranties regarding service quality and parts replacement

11. Liability and Indemnification: Limitations of liability and mutual indemnification provisions

12. Insurance: Required insurance coverage for both parties

13. Termination: Grounds and process for agreement termination, including notice periods

14. Confidentiality: Protection of confidential information exchanged during service provision

15. Force Majeure: Provisions for handling circumstances beyond parties' control

16. Governing Law and Dispute Resolution: Applicable law and methods for resolving disputes

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