The Maintenance Service Agreement is a crucial document used when establishing a formal relationship between a maintenance service provider and a client in the Philippines. It is particularly important for businesses requiring regular maintenance of their facilities, equipment, or systems. The agreement comprehensively covers service specifications, performance standards, pricing, and compliance with Philippine regulations including the Civil Code, Labor Code, and relevant industry-specific requirements. This document is essential for protecting both parties' interests by clearly defining responsibilities, establishing quality standards, and providing mechanisms for addressing service issues. The agreement's structure reflects Philippine legal requirements while incorporating international best practices in maintenance service contracting.
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1. Parties: Identifies and provides details of the service provider and the client
2. Background: Explains the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the maintenance services to be provided, including frequency and coverage
5. Term and Renewal: Specifies the duration of the agreement and renewal provisions
6. Service Provider Obligations: Lists the responsibilities and duties of the maintenance service provider
7. Client Obligations: Outlines the responsibilities of the client, including access and cooperation
8. Fees and Payment Terms: Details the service fees, payment schedule, and payment methods
9. Performance Standards: Establishes the expected quality and standards of service delivery
10. Warranties: States the warranties provided for the maintenance services
11. Liability and Indemnification: Addresses liability limitations and indemnification obligations
12. Insurance: Specifies required insurance coverage
13. Termination: Details the circumstances and process for contract termination
14. Confidentiality: Protects confidential information of both parties
15. Governing Law: Specifies Philippine law as governing law and jurisdiction
16. General Provisions: Includes standard boilerplate clauses
1. Emergency Services: Include when 24/7 emergency maintenance services are part of the agreement
2. Spare Parts and Materials: Include when the agreement covers provision of spare parts and materials
3. Service Level Agreement (SLA): Include when specific performance metrics and response times are required
4. Data Protection: Include when maintenance services involve handling personal or sensitive data
5. Intellectual Property: Include when maintenance involves software or proprietary systems
6. Force Majeure: Include when specific provisions for natural disasters or extraordinary events are needed
7. Environmental Compliance: Include when maintenance activities have environmental implications
8. Subcontracting: Include when the service provider may need to subcontract certain services
1. Schedule A - Service Specifications: Detailed description of maintenance services, including frequency and scope
2. Schedule B - Fee Schedule: Breakdown of fees, rates, and payment terms
3. Schedule C - Service Locations: List of locations where maintenance services will be provided
4. Schedule D - Equipment List: Inventory of equipment covered under the maintenance agreement
5. Schedule E - Key Personnel: Details of key personnel assigned to provide the services
6. Schedule F - Performance Metrics: Specific KPIs and performance standards
7. Appendix 1 - Maintenance Checklist: Standard checklist for routine maintenance tasks
8. Appendix 2 - Incident Report Template: Template for reporting maintenance incidents and issues
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Real Estate
Healthcare
Hospitality
Commercial Property
Industrial
Technology
Telecommunications
Education
Retail
Transportation
Utilities
Relevant Teams
Legal
Operations
Facilities Management
Procurement
Engineering
Maintenance
Risk Management
Compliance
Finance
Quality Assurance
Relevant Roles
Facility Manager
Operations Director
Maintenance Supervisor
Property Manager
Technical Services Manager
Procurement Manager
Contract Administrator
Chief Operations Officer
Engineering Manager
Legal Counsel
Risk Manager
Quality Assurance Manager
Health and Safety Officer
Asset Manager
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