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- AGREEMENT FOR THE MAINTENANCE OF
APPLIANCES
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- THIS
AGREEMENT made on this ......... day of
........, between ......... a company
incorporated under the Companies Act,
1956 and having its registered office at
........... (hereinafter referred to as
OWNER, which expression shall, unless it
be repugnant to the context or meaning
thereof, be deemed to mean and include
its successors and assigns) of the ONE
PART and ............ (give name and
description of the person or legal
entity) (hereinafter referred to as
MAINTENANCE PROVIDER which expression
shall, unless it be repugnant to the
context or meaning thereof, be deemed to
mean and include its successors and
assigns) of the OTHER PART.
WHEREAS the OWNER has purchased .........
(name the appliance or product),
described better in the annexed schedule,
hereinafter referred to as "the said
appliance or product" from
MAINTENANCE PROVIDER on ......... and
MAINTENANCE PROVIDER offered free service
of the said appliance or product for a
period of one year from the date of
purchase of the said appliance or product
as per the terms of warranty.
AND WHEREAS after the expiry of free
service period, the OWNER has requested
MAINTENANCE PROVIDER to provide service
of the said computers for a period of one
year, which MAINTENANCE PROVIDER has
agreed to provide on the terms and
conditions hereinafter contained.
NOW THESE PRESENTS WITNESS AND THE
PARTIES HERETO AGREE HEREBY AS
FOLLOWS:
1. MAINTENANCE PROVIDER will provide at
the OWNER all labour, parts and material
that it deems necessary to maintain in
good operating condition the said
appliance or product. Replacement parts
shall be new or their equivalent,
replaced parts become the property of
MAINTENANCE PROVIDER. Services provided
by MAINTENANCE PROVIDER include and are
limited to the following:
(a) ...
(b) ....
(c) .... (here mention the scope of work
to be done)
2. The response time for attending any
complaints which OWNER may make about the
appliance or product is 48 hours.
MAINTENANCE PROVIDER shall respond to a
request for remedial maintenance or
technical support within the specified
response time measured in clock
hours.
3. MAINTENANCE PROVIDER shall be under no
obligation to furnish support service
under this agreement should repair be
required because of.-
(i) improper use;
(ii) natural disasters such as flood or
earthquake;
(iii) strikes, riots or acts of war or
nuclear disaster;
(iv) repairs, maintenance, modifications
or relocation and re- installation made
by other than MAINTENANCE PROVIDER
personnel or without their supervision
and approval;
(v) unusual shock or electrical damage,
neglect, (mention appliance/product
specific conditions which may be
excepted)
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- 4.
MAINTENANCE PROVIDER may, at its option,
with no additional charge to OWNER, make
modifications to improve the operation
and or reliability of the products being
serviced under this agreement.
5. If OWNER intends to relocate the
appliance or product covered under this
agreement, it shall give MAINTENANCE
PROVIDER sixty days written notice prior
to any relocation covered by on-site
support services being provided under
this agreement. The appliance or product
moved to a location within the country of
original installation shall continue to
be serviced under this agreement. The
response time and charges will be
adjusted to reflect the new location.
MAINTENANCE PROVIDER's services do not
include:
(i) operating supplies and
consumables;
(ii) refinishing the appliance or product
or furnishing materials for that purpose;
(iii) electrical work external to the
appliance or product;
(iii) maintenance of accessories,
attachments or products not specified
herein or on subsequent orders; or
(iv) any other services not specifically
described herein.
6. This agreement shall be for a period
of one year from the date of these
presents, unless terminated by either
party on not less than ninety days
written notice (given prior to the
expiration of the successive period then
in effect).
7. The OWNER shall pay a sum of
Rs.......... per annum for services
provided by MAINTENANCE PROVIDER. The
said charges are exclusive of any taxes
which may be applicable. The same shall
be borne by the person on whom the
liability falls as per law.
8. Any attempt to assign or transfer any
of the rights, duties, or obligations
herein shall render such attempted
assignment or transfer null and
void.
9. Any notice required to be given
hereunder shall be given in writing at
the address of each party set forth
within or to such other address either
party may substitute by written notice to
the other.
10. All disputes and differences of any
kind whatever arising out of or in
connection with this agreement shall be
referred to the arbitration and final
decision of an arbitrator to be agreed
upon and appointed by the parties or in
case of disagreement as to the
appointment of a single arbitrator, to
the appointment of two arbitrators, one
to be appointed by each OWNERnd if there
are two arbitrators, they shall before
taking upon themselves the burden of
reference appoint an umpire. The
arbitrator or arbitrators, as the case
may be, shall make his or their award
within one year or such further extended
lime as may be decided by him or them, as
the case may be, with the consent of the
parties the date of entering on the
reference. The award of arbitrator or
arbitrators, as the case may be, shall be
final and binding on the parties.
11. This agreement is executed in
duplicate. The original is retained by
the OWNER and duplicate by MAINTENANCE
PROVIDER.
IN WITNESS WHEREOF the parties have
executed these presents on the day and
year hereinabove written and in the
manner hereinafter mentioned.
SIGNED, SEALED AND DELIVERED
- by the within
named Owner by the hands
- of its
authorised representative/Director
- Mr. ___in the
presence of Mr.___ and
- Mr.___
- SIGNED, SEALED AND DELIVERED
- by the withinnamed
MAINTENANCE
- PROVIDER by the hands of its
- authorised
representative/Director Mr.___,
- in the presence of Mr. ___
and Mr. ___
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- ABSOLUTELY NO WARRANTIES
ARE MADE REGARDING THE SUITABILITY OF
THESE FORMS FOR ANY PARTICULAR PURPOSE.
IT IS ADVISABLE THAT IMPORTANT
DOCUMENTATIONS ARE PREPARED OR VETTED BY
EXPERT. LEGAL ADVICE OF ANY NATURE SHOULD
BE SOUGHT FROM COMPETENT, INDEPENDENT,
LEGAL EXPERT IN THE RELEVANT
JURISDICTION.
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