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Preventative Maintenance Agreement Template for Germany

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Key Requirements PROMPT example:

Preventative Maintenance Agreement

"I need a Preventative Maintenance Agreement under German law for maintaining industrial printing equipment at three manufacturing facilities, with quarterly maintenance visits starting from March 2025, including emergency response provisions and spare parts supply."

Document background
This Preventative Maintenance Agreement template is designed for use in the German market, providing a comprehensive framework for regular maintenance services. It is particularly relevant when establishing an ongoing maintenance relationship between service providers and equipment owners/operators. The agreement incorporates key requirements under German law, including BGB provisions for service contracts, BetrSichV compliance, and industry-specific technical standards. It is typically used when organizations need to establish a formal framework for scheduled maintenance activities, ensuring equipment reliability, compliance with safety regulations, and clear allocation of responsibilities. The document includes detailed specifications for maintenance schedules, service levels, pricing structures, and risk allocation, while addressing specific German legal requirements for technical services and maintenance contracts.
Suggested Sections

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: Key terms used throughout the agreement

4. Scope of Services: Detailed description of preventative maintenance services to be provided

5. Service Provider Obligations: Core responsibilities and commitments of the maintenance provider

6. Customer Obligations: Customer's responsibilities including access, information provision, and cooperation

7. Maintenance Schedule: Frequency and timing of maintenance activities

8. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms

9. Service Levels: Performance standards and metrics for maintenance services

10. Health and Safety: Safety requirements and procedures during maintenance activities

11. Liability and Insurance: Risk allocation, limitation of liability, and insurance requirements

12. Term and Termination: Duration of agreement and termination provisions

13. Confidentiality: Protection of confidential information

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. Governing Law and Jurisdiction: Applicable law and dispute resolution procedures

Optional Sections

1. Spare Parts: Terms for supply and pricing of spare parts, used when spare parts are included in the maintenance scope

2. Training: Requirements for training customer's personnel, included when knowledge transfer is part of the scope

3. Equipment Access and Downtime: Procedures for accessing equipment and managing planned downtime, needed for complex industrial settings

4. Regulatory Compliance: Specific compliance requirements, included when maintenance involves regulated equipment or processes

5. Intellectual Property Rights: Protection of IP rights, needed when maintenance involves proprietary technology or software

6. Data Protection: GDPR compliance provisions, required when maintenance involves processing of personal or sensitive data

7. Subcontracting: Terms for engaging subcontractors, included when service provider may need to subcontract certain services

8. Emergency Services: Provisions for emergency maintenance services outside regular scope

9. Warranty: Specific warranties for maintenance work, included for complex equipment or high-value services

Suggested Schedules

1. Schedule 1 - Equipment List: Detailed list of equipment covered under the maintenance agreement

2. Schedule 2 - Maintenance Services Specification: Detailed technical specifications of maintenance services

3. Schedule 3 - Service Level Agreement: Detailed performance metrics and service levels

4. Schedule 4 - Fee Schedule: Detailed breakdown of fees and payment terms

5. Schedule 5 - Maintenance Schedule: Detailed timeline and frequency of maintenance activities

6. Appendix A - Safety Procedures: Specific safety protocols and requirements

7. Appendix B - Contact Details: Key contacts and escalation procedures

8. Appendix C - Required Documentation: List of maintenance records and documentation requirements

9. Appendix D - Spare Parts List: List of approved spare parts and their specifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions







































Clauses



































Relevant Industries

Manufacturing

Industrial Production

Healthcare

Commercial Real Estate

Data Centers

Logistics

Automotive

Energy

Utilities

Telecommunications

Food Processing

Pharmaceuticals

Building Management

Infrastructure

Relevant Teams

Legal

Operations

Facilities Management

Procurement

Technical Services

Maintenance

Health and Safety

Risk Management

Compliance

Engineering

Asset Management

Service Delivery

Contract Management

Relevant Roles

Facility Manager

Maintenance Manager

Technical Director

Operations Manager

Chief Engineer

Procurement Manager

Contract Manager

Health and Safety Manager

Plant Manager

Service Delivery Manager

Technical Services Manager

Asset Manager

Building Services Manager

Compliance Officer

Risk 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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