The Service And Maintenance Agreement is a crucial commercial contract used in Hong Kong business relationships where ongoing maintenance and service support are required. It is particularly relevant for businesses operating physical assets, technical infrastructure, or requiring regular maintenance services. The agreement provides a detailed framework for service delivery, incorporating Hong Kong legal requirements and business practices. It typically includes comprehensive provisions for service standards, response times, pricing mechanisms, and risk allocation, while ensuring compliance with Hong Kong regulations. This type of agreement is essential for establishing clear expectations and responsibilities between service providers and customers, particularly in industries where equipment reliability and maintenance are critical to operations.
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1. Parties: Identification and details of the service provider and customer
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Services: Detailed description of maintenance and service obligations
5. Service Provider's Obligations: Key responsibilities and standard of service required
6. Customer's Obligations: Customer's responsibilities including access, information provision, and cooperation
7. Service Levels: Performance standards, response times, and measurement criteria
8. Fees and Payment: Pricing, payment terms, expenses, and invoicing procedures
9. Term and Termination: Duration, renewal provisions, and termination rights
10. Personnel and Resources: Requirements for staff, equipment, and resources
11. Warranties: Service quality guarantees and standard of work warranties
12. Liability and Indemnities: Risk allocation, limitation of liability, and indemnification provisions
13. Insurance: Required insurance coverage and minimum limits
14. Confidentiality: Protection of confidential information and trade secrets
15. Force Majeure: Provisions for handling events beyond parties' control
16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Data Protection: Specific provisions for handling personal data, required if personal data is processed
2. Intellectual Property: IP rights and licenses, needed if services involve creation or use of IP
3. Health and Safety: Specific safety protocols, required for high-risk maintenance services
4. Regulatory Compliance: Industry-specific compliance requirements
5. Disaster Recovery: Business continuity provisions for critical services
6. Environmental Compliance: Environmental obligations for services with environmental impact
7. Subcontracting: Terms for engaging and managing subcontractors
8. Change Control: Procedures for managing changes to services or specifications
9. Software License: Terms for software use if maintenance involves software
10. Training: Requirements for training customer personnel
1. Schedule 1 - Service Specifications: Detailed technical specifications of services to be provided
2. Schedule 2 - Service Levels and KPIs: Detailed performance metrics and measurement methodology
3. Schedule 3 - Fee Schedule: Detailed pricing, rate cards, and payment terms
4. Schedule 4 - Maintenance Schedule: Planned maintenance intervals and procedures
5. Schedule 5 - Equipment List: List of equipment covered by maintenance services
6. Schedule 6 - Contact Details: Key personnel and escalation contacts
7. Schedule 7 - Report Templates: Standard formats for service reports and documentation
8. Schedule 8 - Site Access Procedures: Protocols for accessing customer premises
9. Appendix A - Insurance Requirements: Detailed insurance specifications and certificates
10. Appendix B - Form of Change Order: Template for documenting service changes
Relevant legal definitions
Agreement
Applicable Laws
Business Day
Commencement Date
Confidential Information
Contract Year
Customer
Customer Representative
Defect
Emergency Maintenance
Equipment
Expiry Date
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
KPIs
Location
Maintenance Schedule
Normal Business Hours
Notice
Planned Maintenance
Preventive Maintenance
Response Time
Service Levels
Service Provider
Service Provider Representative
Services
Site
Specifications
Staff
Subcontractor
Term
Termination Date
Working Hours
Emergency
Maintenance Log
Parts
Performance Reports
Reactive Maintenance
Regulatory Requirements
Renewal Period
Safety Requirements
Service Credits
Service Failure
System
Technical Specifications
Warranty Period
Work Order
Applicable Laws
Business Day
Commencement Date
Confidential Information
Contract Year
Customer
Customer Representative
Defect
Emergency Maintenance
Equipment
Expiry Date
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
KPIs
Location
Maintenance Schedule
Normal Business Hours
Notice
Planned Maintenance
Preventive Maintenance
Response Time
Service Levels
Service Provider
Service Provider Representative
Services
Site
Specifications
Staff
Subcontractor
Term
Termination Date
Working Hours
Emergency
Maintenance Log
Parts
Performance Reports
Reactive Maintenance
Regulatory Requirements
Renewal Period
Safety Requirements
Service Credits
Service Failure
System
Technical Specifications
Warranty Period
Work Order
Clauses
Interpretation
Appointment
Duration
Service Obligations
Performance Standards
Customer Obligations
Access Rights
Service Levels
Fees and Payment
Invoicing
Personnel
Subcontracting
Quality Assurance
Reporting
Records and Audits
Warranties
Indemnification
Liability
Insurance
Force Majeure
Confidentiality
Data Protection
Intellectual Property
Health and Safety
Regulatory Compliance
Environmental Compliance
Change Control
Dispute Resolution
Termination
Exit Management
Assignment and Novation
Notices
Entire Agreement
Severability
Waiver
Governing Law
Third Party Rights
Counterparts
Anti-Bribery
Emergency Response
Business Continuity
Site Rules
Equipment and Materials
Training and Support
Appointment
Duration
Service Obligations
Performance Standards
Customer Obligations
Access Rights
Service Levels
Fees and Payment
Invoicing
Personnel
Subcontracting
Quality Assurance
Reporting
Records and Audits
Warranties
Indemnification
Liability
Insurance
Force Majeure
Confidentiality
Data Protection
Intellectual Property
Health and Safety
Regulatory Compliance
Environmental Compliance
Change Control
Dispute Resolution
Termination
Exit Management
Assignment and Novation
Notices
Entire Agreement
Severability
Waiver
Governing Law
Third Party Rights
Counterparts
Anti-Bribery
Emergency Response
Business Continuity
Site Rules
Equipment and Materials
Training and Support
Relevant Industries
Property Management
Manufacturing
Information Technology
Healthcare
Telecommunications
Facilities Management
Construction
Industrial Services
Building Services
Engineering
Education
Retail
Hospitality
Transportation
Energy
Relevant Teams
Legal
Operations
Facilities Management
Procurement
Commercial
Risk Management
Technical Services
Maintenance
Property Management
Contract Administration
Compliance
Finance
Relevant Roles
Facilities Manager
Operations Director
Maintenance Supervisor
Contract Manager
Technical Services Manager
Property Manager
Chief Operating Officer
Procurement Manager
Legal Counsel
Risk Manager
Commercial Director
Service Delivery Manager
Asset Manager
Building Services Engineer
Compliance Officer
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