Maintenance Contract for Switzerland

Maintenance Contract Template for Switzerland

A comprehensive maintenance contract governed by Swiss law that establishes the terms and conditions for the provision of maintenance services. The agreement details the scope of maintenance work, service levels, responsibilities of both parties, payment terms, and liability provisions in accordance with the Swiss Code of Obligations (OR) and relevant Swiss regulations. It includes specific provisions for service quality, response times, warranty obligations, and compliance with Swiss safety and industry standards, while incorporating both scheduled maintenance activities and provisions for emergency services.

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What is a Maintenance Contract?

This Maintenance Contract template is designed for use under Swiss law when establishing a formal maintenance service relationship between a service provider and a client. It is particularly relevant for ongoing maintenance services of facilities, equipment, or systems where regular upkeep is essential for operations. The contract incorporates key requirements of Swiss contract law, particularly provisions from the Swiss Code of Obligations (OR) relating to service contracts (Auftrag) and work contracts (Werkvertrag). The document is structured to address both routine maintenance schedules and emergency response situations, including detailed specifications for service levels, quality standards, and compliance with Swiss safety regulations. It is suitable for various scales of maintenance arrangements, from single-facility services to complex multi-site maintenance programs, and includes necessary provisions for liability, insurance, and warranty obligations as required under Swiss law.

What sections should be included in a Maintenance Contract?

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

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 terminology specific to the maintenance services

4. Scope of Services: Detailed description of maintenance services to be provided, including regular maintenance tasks and frequency

5. Service Provider's Obligations: Key responsibilities of the maintenance provider, including quality standards, response times, and reporting requirements

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

7. Fees and Payment Terms: Maintenance fees, payment schedule, expenses, and invoicing procedures

8. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

9. Warranties and Quality Standards: Service provider's warranties regarding quality of work and compliance with industry standards

10. Liability and Insurance: Limitation of liability, indemnification provisions, and required insurance coverage

11. Force Majeure: Circumstances excusing performance and procedures for handling such situations

12. Confidentiality: Protection of confidential information exchanged during the maintenance relationship

13. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution

What sections are optional to include in a Maintenance Contract?

1. Emergency Services: Additional provisions for emergency maintenance services and response times, used when 24/7 coverage is required

2. Spare Parts: Provisions regarding procurement, storage, and use of spare parts, relevant when specific parts management is needed

3. Health and Safety: Detailed safety requirements and procedures, particularly important for industrial or hazardous environments

4. Training and Documentation: Requirements for training client's personnel and maintaining documentation, used when knowledge transfer is part of the scope

5. Performance Metrics: Specific KPIs and service level agreements, used in more sophisticated maintenance arrangements

6. Intellectual Property: IP rights provisions, particularly relevant when maintenance involves software or proprietary systems

7. Data Protection: Specific data handling requirements, necessary when maintenance involves access to personal or sensitive data

8. Subcontractors: Terms governing the use of subcontractors, included when service provider may need to subcontract certain services

What schedules should be included in a Maintenance Contract?

1. Schedule 1 - Maintenance Services Specification: Detailed technical specifications of all maintenance services to be provided

2. Schedule 2 - Equipment List: Comprehensive list of equipment covered under the maintenance contract

3. Schedule 3 - Maintenance Schedule: Detailed timeline and frequency of routine maintenance activities

4. Schedule 4 - Fee Schedule: Detailed breakdown of fees, including rates for different types of services

5. Schedule 5 - Service Level Agreement: Specific performance metrics, response times, and quality standards

6. Schedule 6 - Contact Details: List of key contacts and escalation procedures for both parties

7. Schedule 7 - Site Access Procedures: Procedures and requirements for accessing maintenance sites

8. Appendix A - Incident Report Template: Standard template for reporting maintenance incidents and issues

9. Appendix B - Maintenance Log Template: Standard template for recording maintenance activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Manufacturing

Commercial Real Estate

Industrial Facilities

Healthcare Facilities

Hospitality

Data Centers

Educational Institutions

Retail

Transportation

Energy and Utilities

Telecommunications

Pharmaceutical

Food and Beverage

Aerospace

Building Management

Relevant Teams

Legal

Operations

Facilities Management

Procurement

Risk Management

Health and Safety

Technical Services

Quality Assurance

Asset Management

Building Services

Contract Administration

Relevant Roles

Facility Manager

Operations Director

Maintenance Manager

Technical Services Manager

Property Manager

Contract Administrator

Procurement Manager

Legal Counsel

Risk Manager

Health and Safety Officer

Operations Supervisor

Chief Technical Officer

Building Services Manager

Asset Manager

Quality Assurance 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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