The Preventive Maintenance Contract is essential for businesses requiring regular, scheduled maintenance of their equipment, facilities, or infrastructure. This document is specifically designed for use under Swiss law and incorporates relevant provisions from the Swiss Code of Obligations, particularly regarding service contracts (Auftrag) and work contracts (Werkvertrag). It should be used when establishing a long-term maintenance relationship between a service provider and a client, where regular preventive maintenance is crucial for operational continuity and compliance with safety standards. The contract typically includes detailed maintenance schedules, service level agreements, pricing structures, and technical specifications, while ensuring compliance with Swiss technical standards and safety regulations. It's particularly important for businesses seeking to minimize equipment downtime, extend asset lifetime, and maintain operational efficiency through scheduled maintenance programs.
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1. Parties: Identification of the service provider and the client, including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the client's maintenance requirements
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Services: Detailed description of the preventive maintenance services to be provided
5. Service Provider's Obligations: Key responsibilities and commitments of the maintenance service provider
6. Client's Obligations: Access requirements, cooperation obligations, and other client responsibilities
7. Service Levels: Performance standards, maintenance schedules, and response times
8. Fees and Payment Terms: Pricing, payment schedule, and invoicing requirements
9. Term and Termination: Duration of the agreement and termination provisions
10. Liability and Insurance: Liability limitations, indemnification, and required insurance coverage
11. Force Majeure: Provisions for unforeseeable circumstances preventing performance
12. Confidentiality: Protection of confidential information and trade secrets
13. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
14. Signatures: Execution blocks for authorized representatives
1. Emergency Services: Include when the contract covers emergency maintenance in addition to preventive maintenance
2. Spare Parts: Include when the agreement includes provision of spare parts
3. Warranty: Include when specific warranties are provided for replacement parts or repair work
4. Intellectual Property: Include when maintenance involves software or proprietary systems
5. Data Protection: Include when maintenance activities involve access to personal data
6. Environmental Compliance: Include when maintenance activities have significant environmental implications
7. Subcontracting: Include when the service provider may need to subcontract certain services
8. Training: Include when the contract includes training of client's personnel
1. Schedule 1 - Equipment List: Detailed list of equipment covered under the maintenance contract
2. Schedule 2 - Maintenance Schedule: Detailed timeline and frequency of maintenance activities
3. Schedule 3 - Service Level Agreement: Detailed performance metrics and service levels
4. Schedule 4 - Rate Card: Detailed pricing for different types of services and parts
5. Schedule 5 - Key Personnel: List of key personnel responsible for service delivery
6. Appendix A - Technical Specifications: Detailed technical requirements and standards
7. Appendix B - Safety Procedures: Safety protocols and requirements for maintenance work
8. Appendix C - Reporting Templates: Standard forms for maintenance reports and documentation
Relevant legal definitions
Agreement
Applicable Laws
Approved Subcontractors
Business Day
Commencement Date
Confidential Information
Contract Year
Corrective Maintenance
Emergency Maintenance
Equipment
Equipment Location
Force Majeure Event
Good Industry Practice
Inspection Report
Key Personnel
Maintenance Fee
Maintenance Log
Maintenance Schedule
Maintenance Services
Maintenance Window
Operating Hours
Planned Maintenance
Preventive Maintenance
Response Time
Service Level Agreement
Service Provider Personnel
Site
Spare Parts
Swiss Technical Standards
System
Technical Documentation
Term
Third Party Warranties
Warranty Period
Work Order
Applicable Laws
Approved Subcontractors
Business Day
Commencement Date
Confidential Information
Contract Year
Corrective Maintenance
Emergency Maintenance
Equipment
Equipment Location
Force Majeure Event
Good Industry Practice
Inspection Report
Key Personnel
Maintenance Fee
Maintenance Log
Maintenance Schedule
Maintenance Services
Maintenance Window
Operating Hours
Planned Maintenance
Preventive Maintenance
Response Time
Service Level Agreement
Service Provider Personnel
Site
Spare Parts
Swiss Technical Standards
System
Technical Documentation
Term
Third Party Warranties
Warranty Period
Work Order
Clauses
Definitions
Services Scope
Term and Renewal
Payment Terms
Service Levels
Performance Standards
Access Rights
Health and Safety
Equipment and Materials
Spare Parts
Personnel Requirements
Quality Assurance
Reporting Requirements
Maintenance Schedule
Emergency Response
Insurance
Liability
Force Majeure
Confidentiality
Data Protection
Intellectual Property
Warranties
Termination
Assignment and Subcontracting
Dispute Resolution
Governing Law
Compliance
Record Keeping
Audit Rights
Environmental Protection
Risk Allocation
Changes and Variations
Notices
Entire Agreement
Services Scope
Term and Renewal
Payment Terms
Service Levels
Performance Standards
Access Rights
Health and Safety
Equipment and Materials
Spare Parts
Personnel Requirements
Quality Assurance
Reporting Requirements
Maintenance Schedule
Emergency Response
Insurance
Liability
Force Majeure
Confidentiality
Data Protection
Intellectual Property
Warranties
Termination
Assignment and Subcontracting
Dispute Resolution
Governing Law
Compliance
Record Keeping
Audit Rights
Environmental Protection
Risk Allocation
Changes and Variations
Notices
Entire Agreement
Relevant Industries
Manufacturing
Industrial
Commercial Real Estate
Healthcare
Hospitality
Data Centers
Infrastructure
Energy
Transportation
Telecommunications
Pharmaceutical
Food and Beverage
Retail
Relevant Teams
Operations
Facilities Management
Maintenance
Technical Services
Procurement
Legal
Risk Management
Health and Safety
Asset Management
Property Management
Contract Administration
Quality Assurance
Relevant Roles
Facility Manager
Maintenance Director
Operations Manager
Technical Services Manager
Plant Manager
Chief Engineer
Procurement Manager
Contract Manager
Asset Manager
Property Manager
Maintenance Supervisor
Technical Director
Head of Operations
Compliance Officer
Risk Manager
Safety Manager
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