Maintenance And Service Agreement
If you are a company providing maintenance and technical service, you can secure your service with the contract below. In this article, we provide an example of a maintenance and service contract.
MAINTENANCE AND SERVICE CONTRACT SAMPLE
MAINTENANCE AND SERVICE CONTRACT
Article 1 – Parties;
1)……………….. will be referred to as “seller” in this contract,
2)……………….. will be referred to as “service recipient” in this agreement.
Article 2- Products covered;
The products referred to as “System” in this agreement are desktop and portable computers, servers, workstations and peripherals and their list and installation addresses are specified. Operating system, application software and other software and hardware not listed are not covered by this agreement.
Article 3- Spare Parts;
The costs of the spare parts used during the service will be covered by the Customer if the agreement is “parts excluded” and by ….. if the agreement is “parts included”. In “excluding parts” agreements, if the Customer wishes, the Customer may keep spare parts stock, if the Customer has stock, the spare parts will be used from this stock, the spare parts that need to be changed and are not available at the Customer….. will provide and invoice the cost to the customer. In “parts included” agreements, within the period specified in the detail of the contract….. replaces the defective part without charge to the customer. The price list of all parts is based on US Dollars and is issued at the Free Market Foreign Exchange Sales rate on the invoice date.
Article 4- Service content;
Periodic Maintenance: Periodic maintenance will be performed on all covered equipment once in the 1st month and once in the 6th month of the agreement.
Service Types:
4 service package: (SA4S) Consists of 4 troubleshooting services within a month. Service is provided during normal working hours and business days. Unlimited call center service is available during the same periods. If parts need to be replaced in case of repair, the cost is covered by the customer. If more than four services are required in a month, starting from the 5th service, each service will be charged out of warranty.
Standard package: (SAC) Consists of unlimited intervention and troubleshooting services within a month. Service is provided during normal working hours and business days. Unlimited call center service is available during the same periods. In case of repair, if parts need to be replaced, the cost is covered by the customer.
Standard package including parts: (SAPC) Consists of unlimited intervention and troubleshooting services during the month. Service is provided during normal working hours and business days. Unlimited call center service is available during the same periods. If parts need to be replaced in case of repair, the cost is covered by ……
Extended package: (SAB) Consists of unlimited intervention and troubleshooting services within the month. Service is provided during normal working hours and all days. Unlimited call center service during normal working hours and working days. In case of repair, if parts need to be replaced, the cost is covered by the customer.
Extended package including parts: (SAPB) Consists of unlimited intervention and troubleshooting services during the month. Service is provided during normal working hours and all days of the year. Unlimited call center service during normal working hours and working days. If parts need to be replaced in case of repair, the cost is covered by ……
Full package: (SA) Consists of unlimited intervention and troubleshooting services during the month. Service is provided at all hours of the day and all days of the year. Unlimited call center service during normal working hours and working days. If parts need to be replaced in case of repair, the cost is borne by the customer.
Full package including parts: (SAP) Consists of unlimited intervention and troubleshooting services within the month. Service is provided at all hours of the day and all days of the year. Unlimited call center service during normal working hours and working days. If part replacement is required in case of repair, the cost is covered by ……
When you follow the procedures below under the Maintenance and Service Agreement, an authorized technician will be dispatched to your address to provide service within 24 hours. If you have IT personnel, a 10% discount will be given on the maintenance service fee. Services other than those mentioned above will be determined between the parties under a special agreement.
Support Service Limits: This agreement is valid under the following conditions:
Service and maintenance service will be provided at the specified addresses. It is valid if the system is used for the purposes for which it was designed.
It is valid against material and workmanship defects in the system or systems covered by the contract.
Article 5- Obligations of the Customer;
The following procedure must be followed to obtain service and support.
- Validation of the Service Contract: ….. must have collected the service contract price within … days from the date of the contract. … monthly … %… interest accrues for the amounts not paid within … days.
- Preparing for the Call: When you call for service, have the following information ready to enable the Technician to better serve you.
System serial number.
Model and model no.
Address-location where the system is located and the relevant personnel
Type and version of the peripherals you use
- Call for support: For service support, call…. The call center is open from ….. to ….. except holidays.
- Explaining the Problem to the Technician: Tell the technician about the problem you encountered, the error message that appeared in the system, when you received the message, what you were doing when the error message occurred, and what you did to solve the problem.
- Follow the technician’s explanations: Statistics show that a significant proportion of problems can be solved over the phone with close cooperation. Therefore, listen carefully to the technician and follow what he/she says.
- If the technician decides that the problem cannot be solved over the phone and that service to your address is necessary, the following procedure is applied. A backup of the system should be made by you, taking into account the fact that ….. is in no way responsible for the loss of data on your system. Your address and your available hours should be informed to the technician on the phone. The tracking number given regarding the malfunction should be kept until the service is terminated.
At the appointment time, the customer must have an authorized person at the service address to identify the problem. Customer….. has to approve the service form brought by the service personnel for the beginning of the intervention and for non-agreements.
- Non-agreement of the call result: When the service personnel detects a non-agreement situation, he/she explains the estimated cost of troubleshooting labor and parts to the customer, if the customer undertakes to pay this price, the service process continues, if the customer does not approve this price, only…. diagnostic fee and travel fee are charged.
- In case the service cannot be completed at the customer’s place, the defective parts or the system is taken on condition that it is brought intact.
Article 6- General Conditions;
- Contract term and renewal: You can renew the contract at the end of the contract term if you wish.
- Confidentiality and Copyrights: It is deemed to be accepted by you that the information sent to ….. by telephone, electronically or in any other way is not confidential and does not contain copyright.
- Cancellation: Either party may cancel the contract provided that …. notifies the other party one day in advance. In case of cancellation by the customer or ….., the price corresponding to the unused period is refunded.
Article 7- Products modifiable by the User;
If the technician providing telephone support decides that a user-replaceable part such as keyboard, monitor, etc., which can be easily installed and removed and which can be replaced by the user, is defective, he can send a working part to be replaced with the defective part directly to your address, provided that the shipping fee belongs to …… Likewise, if the technician providing telephone support decides to replace the defective unit with another device of exactly the same quality, he/she can send the replacement device directly to your address at …..’s expense and pick up the defective unit from your address at …..’s expense. If the defective system is not returned despite the arrival of the system for exchange, an invoice will be invoiced within … days and paid by the user within … days from the invoice date. In case of non-payment, the service contract will be canceled and legal proceedings will be taken.
Article 8- Ownership of Parts;
The ownership of the defective parts that are under the manufacturer’s warranty and replaced by ….. in the Guarantor company and not invoiced to the customer belongs to the Guarantor company, and the ownership of the parts that are defective and supplied by ….. and invoiced to the customer belongs to the customer.
Article 9- Systems with Ongoing Manufacturer’s Warranty;
In order to benefit from the warranty status of the systems whose warranty continues during the contract period, ….. follows the troubleshooting process in the Guarantor company instead of the customer. Disruptions such as part unavailability in the guarantor company are not covered by this contract. In case the customer gives approval, ….. will eliminate the malfunction instead of the guarantor, but in this case, if necessary, the cost of the part is covered by the customer and other articles in the contract apply.
Article 10- Transfer of the Contract;
In the event that you transfer the system to any address where ….. service is not available outside of the contracted time during the contract period, ….. reserves the right to cancel the contract or to charge additional fees.
Article 11- Duration of the Contract;
This contract enters into force on the date of signature and remains in force without prejudice to the provisions of Article 6.3 above. The term of the contract is … year. This contract consisting of 11 articles becomes valid on the date of signature. It cannot be changed except with the written agreement of the parties. It cannot be transferred or assigned.
In case of dispute …. Courts and Execution Offices are authorized.
I accept the above conditions. …/…/…
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SIGNATURE
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