Hardware Maintenance Agreement Template for India

The Hardware Maintenance Agreement is essential for organizations in India seeking to ensure reliable operation of their critical hardware infrastructure through professional maintenance services. This document is typically used when a company needs to establish a formal relationship with a maintenance service provider for regular upkeep, repairs, and support of hardware equipment. The agreement, governed by Indian law, specifically addresses local regulatory requirements including those under the IT Act 2000, Contract Act 1872, and Consumer Protection Act 2019. It covers crucial aspects such as service level commitments, response times, maintenance schedules, spare parts management, and pricing structures, while considering Indian business practices and technical standards. The document is particularly important for organizations with significant hardware investments requiring regular maintenance and support.

1. Parties: Identification of the service provider and the customer, including their registered addresses and company details

2. Background: Context of the agreement, including brief description of the customer's hardware environment and maintenance needs

3. Definitions: Definitions of technical terms, service levels, and other key terms used throughout the agreement

4. Scope of Services: Detailed description of maintenance services, including preventive and corrective maintenance

5. Service Provider Obligations: Responsibilities of the maintenance provider, including response times, quality standards, and reporting

6. Customer Obligations: Customer's responsibilities, including access provision, operation guidelines, and cooperation requirements

7. Service Levels: Specified performance standards, response times, and resolution timeframes

8. Fees and Payment Terms: Maintenance fees, payment schedule, expenses, and late payment consequences

9. Term and Termination: Duration of agreement, renewal terms, and termination conditions

10. Warranties: Service provider's warranties regarding quality of service and parts

11. Liability and Indemnification: Limitation of liability and indemnification obligations of both parties

12. Confidentiality: Protection of confidential information exchanged during service provision

13. Force Majeure: Circumstances excusing performance of obligations

14. Governing Law and Jurisdiction: Applicable law and courts for dispute resolution

15. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement