Maintenance contract. Standard contract for maintenance of security systems

21.09.2019

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Equipment maintenance agreement

City _____________ Date of conclusion of the contract: __.__.____ year
________, hereinafter referred to as the “Executor”, represented by ________ (position name) ________ (full name),
acting on the basis of ________, on the one hand, and ________, hereinafter referred to as the “Customer”, represented by ________ (job title) ________ (full name), acting on the basis of ________, on the other hand ,
collectively referred to as the Parties, have entered into this Agreement as follows:
1. Subject of the agreement
1.1. In accordance with the terms of the Agreement, the Contractor undertakes, on the instructions of the Customer, to provide maintenance services (hereinafter referred to as the Services) of equipment (hereinafter referred to as the “Equipment”), and the Customer undertakes to pay for the following Services: ________
Equipment: ________
1.2. The Customer's assignment is sent to the Contractor in writing and approved by the Contractor. If it is impossible to complete the Customer’s task, the Contractor is obliged to notify about this within 2 working days.
1.3. Equipment maintenance includes the following services:
1.3.1. preparation and commissioning of Equipment;
1.3.2. performing the mandatory amount of work on preventive inspection and repair within a certain time frame;
1.3.3. elimination of possible defects and replacement of defective parts;
1.3.4. technical instruction when putting the Equipment into operation, as well as during its maintenance and use;
1.3.5. inspection to a certain extent with a certain frequency;
1.3.6. planned replacement of parts based on condition and operating time;
1.3.7. carrying out current and major repairs;
1.3.8. supply of spare parts.
1.4. If necessary, to provide services, the Contractor has the right to involve third parties with the necessary qualifications. In this case, the Contractor is responsible for the actions of third parties involved.
1.5. Place of service provision: ________
1.6. The Contractor provides Services monthly.
1.7. The volume and timing of unplanned provision of Services are determined by written requests from the Customer.

2. Duration of service provision
2.1. Services in accordance with clause 1.3.1. turn out to be ________
2.2. Services in accordance with clause 1.3.2. appear monthly on the fifth working day of the month from __:__ to __:__.
2.3. Services in accordance with clause 1.3.3. are provided within one business day from the moment the defect is discovered.
2.4. Services in accordance with clause 1.3.4. — 1.3.8 are completed according to the approved schedule.

3. Rights and obligations of the parties
3.1. The customer undertakes:
3.1.1. Pay for Services in the amounts and terms provided for in the Agreement.
3.1.2. Accept the Services provided in accordance with the terms of the Agreement.
3.1.3. Do not transfer information received from the Contractor related to the provision of services under the Agreement to third parties and do not use it in any other way that could lead to damage to the interests of the Contractor.
3.1.4. Comply with the conditions and follow the recommendations given by the Contractor for the proper operation and storage of the Equipment.
3.1.5. Allow only employees who have the appropriate permits and permissions to work with the Equipment, if its specificity is implied.
3.2. The Contractor undertakes:
3.2.1. Provide Services with high quality and on time in accordance with the terms of the Agreement.
3.2.2. Carry out, at the Customer’s request, all types of maintenance and repair of the Equipment in strict accordance with technical instructions manufacturer's plant.
3.2.3. Start providing Services no later than the number of working days from the date of receipt of the application from the Customer.
3.2.4. At the Customer’s request, supply original spare parts and consumables necessary for maintenance and repair of the Equipment.
3.2.5. Provide practical and advisory assistance to the Customer’s technical staff during the operation of the Equipment.
3.2.6. Transfer the Services to the Customer in accordance with the terms of the Agreement.
3.2.7. Do not transfer or show to third parties the Customer’s documentation in the possession of the Contractor.
3.2.8. Restore the original documents received from the Customer in case of their loss at your own expense.
3.3. The customer has the right:
3.3.1. Do not reimburse expenses incurred by the Contractor in providing the Services.
3.3.2. Control the provision of Services without interfering with activities
Performer.
3.3.3. Call the Contractor in all cases of equipment malfunction.
3.3.4. Refuse to execute the Agreement subject to payment to the Contractor
actual expenses incurred by the latter for the provision of Services.
3.4. The performer has the right:
3.4.1. Demand payment for Services rendered.
3.4.2. Refuse to perform the Agreement subject to full compensation
The customer suffered losses.
3.4.3. Receive from the Customer any information necessary to fulfill its obligations under the Agreement. In case of failure to provide or incomplete or incorrect provision of information by the Contractor, the Contractor has the right to suspend the performance of its obligations under the Agreement until the required information is provided.

4. Procedure for delivery and acceptance of services
4.1. Within the Service Delivery Period, business days from the date of completion of the Services, the Contractor is obliged to provide the Customer with the following documents:
4.1.1. Report on services provided - 1 (one) copy;
4.1.2. Certificate of delivery and acceptance of services provided - 2 (two) copies;
4.1.3. Invoice – 1 (one) copy.
4.2. The Customer is obliged to either accept the services specified in the Act by signing the Act, or send written reasoned objections to the Act to the Contractor within two working days, otherwise the services are considered accepted.
4.3. Services are considered to be provided by the Contractor properly if the Parties sign the Act only if the Contractor transfers all documents.

5. Cost of services
5.1. The cost of the Services is ________ rubles including VAT per month.
5.2. The cost of services can be adjusted by the Contractor unilaterally if there is a significant change in the conditions for the provision of services. In the event of a cost adjustment, the Contractor sends a notice to the Customer 30 days before the date of the expected cost change.

6. Payment procedure
6.1. Payment for Services under the Agreement is carried out in the following order: ________

7. Responsibility of the parties
7.1. The parties are responsible for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with
legislation of Russia.
7.2. The penalty under the Agreement is paid only on the basis of a reasonable written request of the Parties.
7.3. Payment of the penalty does not relieve the Parties from fulfilling their obligations under the Agreement.

8. Resolution of disputes arising from the contract
8.1. The claim procedure for pre-trial settlement of disputes under the Agreement is not mandatory for the Parties.
8.2. Claim letters are sent by the Parties by registered by post with notification of delivery to the addressee at the location of the Parties.
8.3. The period for consideration of a letter of claim is three business days from the date of receipt by the addressee.
8.4. Disputes arising from the Agreement are resolved in judicial procedure in accordance with the law.

9. Force majeure
9.1. The parties are released from liability for complete or partial failure to fulfill obligations under the Agreement if the failure to fulfill obligations was a consequence of actions force majeure, namely: fire, flood, earthquake, strike, war, action of authorities state power or other circumstances beyond the control of the Parties.
9.2. A party that cannot fulfill its obligations under the Agreement must promptly, but not later Deadline notification of force majeure calendar days after the occurrence of force majeure circumstances, notify the other Party in writing, providing supporting documents issued by the competent authorities.
9.3. The Parties acknowledge that the insolvency of the Parties is not a force majeure circumstance.

10. Duration of the contract. Termination of the contract
10.1. The agreement comes into force from the date of conclusion.
10.2. The Agreement may be terminated by agreement of the Parties.
10.3. The Agreement may be terminated by one of the parties by notifying the other Party 30 days before the date of intended termination.

11. Other conditions
11.1. All correspondence regarding the subject of the Agreement prior to its conclusion is lost legal force from the date of conclusion of the Agreement.
11.2. The Parties acknowledge that if any of the provisions of the Agreement becomes invalid during the term of its validity due to changes in legislation, the remaining provisions of the Agreement are binding on the Parties during the term of the Agreement.
11.3. The Agreement is drawn up in 2 (two) original copies in Russian, one for each of the Parties.

ADDRESSES AND DETAILS OF THE PARTIES

CJSC Business Center Lefortovsky, considered in the contract as the Customer, represented by Managing Director Alexander Borisovich Matyushev, acting in accordance with power of attorney No. 33962/MAB dated October 29, 2014, on the one hand, and Photo Camp LLC. considered in the agreement as the “Contractor”, represented by Managing Director Tatyana Vladimirovna Batyukova, acting on the basis of a management agreement, on the other hand, entered into this agreement for the maintenance of equipment as follows:

Article 1. Subject of the Agreement.

1.1. The “Customer” instructs, and the “Contractor” assumes the responsibility for, maintenance of equipment in the premises of the building at the address: 125167, Moscow. Leninsky Prospekt, building 63. building 2 with a total area of 4612.4 m2, owned by the “Customer” (Certificate of state registration rights Series 77 AE 8360258 dated 10/23/2014; Certificate of state registration of rights Series 77 AE 9214607 dated 10/09/2014; Certificate of state registration of rights Series 77 AR 9231610 dated 10/09/2014). Building maintenance should be understood as:

1.1.1 Operation and maintenance of engineering systems and equipment.

According to Appendix No. 1:

Carrying out inspections,

Carrying out scheduled preventative and routine repairs,

Elimination of emergency situations and their consequences in the area of responsibility in accordance with Appendix No. 2.

1.1.2. Maintenance of building structures:

Carrying out systematic inspections of building structures and building elements to establish possible reasons occurrence of defects and development of measures to eliminate them;

Planning and organization of current and major repairs.

1.1.3. Cleaning of internal common areas, courtyard, parking lot, and areas adjacent to the building.

Article 2. Regulatory framework.

2.1. When performing this, the Parties are guided by the current legislation Russian Federation, Building codes, rules, standards.

Article 3. Cost of the Agreement.

3.1. The cost of the equipment maintenance agreement is determined by the Price Agreement Protocol attached to this Agreement (Appendix No. 3) and includes all the Contractor’s costs.

3.2. During operation, if it is necessary to perform work, do not
provided for in the Agreement and the annexes to this Agreement, the “Contractor” performs these works for a fee under an additional agreement of the Parties concluded before the completion of the work.

3.3. The parties, if necessary, may, in separate annexes to this Agreement, establish a contract price for individual species and stages of work provided additionally.

3.4. Maintenance contracts (Appendix No. 4) must be concluded on behalf of the “Contractor” (copies of the contracts are provided by the “Contractor” within 3 (three) working days from the date of conclusion of the contracts) and the “Customer” becomes obligated to reimburse the “Contractor” for expenses incurred which the “Contractor” incurred under the above contracts, with the exception of the costs associated with their conclusion.

The “Customer” reimburses the “Contractor” for all expenses in the amount of % of the expenses specified in Appendix No. 4 that the “Contractor” incurred or will have to incur in accordance with the above-mentioned agreements and invoices issued on their basis. The amount of payment is determined by the “Contractor” on the basis of invoices (payment requests) issued to him for payment, drawn up on the basis of agreed estimates and estimates, with the mandatory attachment of certificates of work performed, design documentation (if any), agreed with the “Customer” before completion works and other documents confirming the volume and quality of work performed and services provided. After receiving invoices under contracts for actual costs incurred, the “Contractor” transfers to the “Customer” copies of the above-mentioned invoices, as well as original invoices on its own behalf in the amount of % of the actual costs incurred, specified in Appendix No. 4.

g. _______________ "___"__________ ____ g.

We refer to___ hereinafter as the "Contractor", represented by ___________________, acting___ on the basis of ___________________, on the one hand, and ____________________, hereinafter referred to as the "Customer", represented by ___________________, acting___ on the basis of ___________________, on the other hand, have entered into this agreement as follows:

1. SUBJECT OF THE AGREEMENT

1.1. The Contractor assumes obligations for equipment maintenance, proper maintenance and repair, and the Customer, in turn, makes a timely payment.

1.2. The object of maintenance is the equipment: __________________________________________________________________________. (name, type of equipment)

The equipment being serviced includes:

1. _____________________________________________, inv. N ____________. (names, types of equipment elements) 2. ________________________________________________, inv. N ____________.

1.3. The characteristics and technical condition of the maintenance items under this agreement are indicated in the equipment inspection report, which is an integral part of this agreement. The inspection is carried out by representatives of the Contractor.

The work schedule is based on:

Operating manual provided by the equipment manufacturer;

Local operating instructions;

Electrical systems management manuals;

An agreed schedule of operation and maintenance periods;

Descriptions of work on checking and setting standard clearances, backlashes and tolerances;

Descriptions of steeplejack (underground, underwater, etc.) work;

Lifting and transport operations;

Guidelines for personnel actions during extreme climate events;

The procedure for interaction and action plan in case of emergency situations.

The work is carried out in accordance with instructions N ___ from "___" __________ ____, N ___ from "___"__________ ____, N ___ from "___"__________ ____.

1.5. Based on the results of _____________________, a technical (types of work, circumstances) equipment maintenance report is drawn up.

1.6. The results of work performed according to schedule are entered into the Equipment Maintenance Log.

1.7. When carrying out routine repairs, a routine equipment repair report is drawn up.

1.8. The requirements of this Agreement are based on conditions that assume that the operation and maintenance of the equipment is carried out by qualified personnel.

1.9. Shutdowns, tests or other changes in the operating mode of the equipment are agreed upon by the Parties no less than ______________________.

1.10. Emergency maintenance under this Agreement is carried out upon call from the Customer daily - around the clock. Emergency calls can be made by phone: ____________________________.

2. OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.1. Provide maintenance and servicing of equipment.

2.1.2. The Contractor also undertakes:

a) fulfill the Customer’s requests to eliminate malfunctions and accidents within the established time frame;

b) promptly notify the Customer of changes in the amount of payment for services;

c) recalculate fees for equipment maintenance in the event of their absence or a decrease in the quality of the services provided.

2.1.3. The Contractor undertakes to compensate the Customer for losses caused as a result of non-fulfillment or dishonest fulfillment of his obligations under this agreement in the amount of actual damage caused.

2.2. The customer undertakes:

2.2.1. Pay the monthly maintenance fee no later than the _____ day of the month following the billing month.

2.2.2. Follow the rules for using and maintaining the equipment.

2.2.3. Bear other responsibilities provided for by current legislative and other regulations of the Russian Federation.

2.2.4. Provide the Contractor with access to the equipment.

2.2.5. Not later than within __ days, notify the Contractor in writing about changes in bank details, legal address or mode of use of equipment, leading to the need to recalculate the quantity or volume of work and services provided by the Contractor, or about other reasons requiring amendments to the Agreement.

3. RIGHTS OF THE PARTIES

3.1. The performer has the right:

3.1.1. If the Customer fails to pay the payment under this agreement for 2 months or more or violates clause 2.2.2 of this agreement, the Contractor has the right to recover from the Customer the debt under this agreement and (or) the damage caused in the amount of actual losses.

3.1.2. Exercise other rights provided for by current legislation.

3.2. The customer has the right:

3.2.1. Receive services provided in accordance with this agreement in the proper volume and quality.

3.2.2. Demand from the Contractor compensation for losses by recalculating payments made under this agreement as a result of non-fulfillment or dishonest performance by the Contractor of its obligations under this agreement, in the amount and manner determined in accordance with current legislation.

3.2.3. Demand that the Contractor reduce fees for work and services due to a decrease in the volume and quality of their provision. At the same time, the reduction in payment does not relieve the Contractor from compensation for losses caused by a decrease in the volume and quality of work and services.

3.2.4. Demand compensation from the Contractor in in full losses and damage caused to life, health or property as a result of non-fulfillment or dishonest fulfillment by the Contractor of its obligations under the Agreement.

3.2.5. Monitor the performance of work and services by the Contractor without interfering with its activities.

4. PAYMENTS UNDER THE AGREEMENT

4.1. The basic fee for work is _____ (__________) rubles per month, incl. VAT ___ percent.

4.2. Depending on the types of work actually performed, reflected in the Maintenance Certificate, at the end of the month the amount of payment is subject to clarification in accordance with the Contractor’s tariffs.

4.3. The payment under this agreement is paid by the Customer monthly no later than the _____ day of the month following the billing month.

4.4. The amount of payment under this agreement and the current account into which payments are made are indicated by the Contractor in the invoice issued to the Customer.

4.5. Revision of the types of work, the Contractor's tariffs, and the basic amount of payment under the contract is carried out by the Contractor in the manner established by the additional agreement to this contract, but not more than ____ times a year.

4.6. When making payment under this Agreement, the Customer is obliged to indicate in the payment documents: the basis for payment, the number and date of the Agreement, the period for which the payment is made, the number and date of the invoice.

4.6.1. If there is no indication in payment documents:

invoice-based payment and/or number, date of the Agreement - the payment is considered the Customer’s guarantee amount under this Agreement or under additional agreements and can be used by the Contractor only in the last month before termination of the Agreement;

the period for which the payment is made, invoice numbers and dates - the Contractor has the right to post the payment by month at its discretion.

4.6.2. In case of errors in payment documents:

invoice basis of payment and/or number, date of the Agreement - the payment is considered the Customer’s guarantee amount under this Agreement or under additional agreements and can be used by the Contractor only in the last month before termination of the Agreement;

the period for which the payment is made, the number and/or date of the invoice - the Contractor has the right to post the payment by month at its discretion.

4.7. At least once every six months, the Parties reconcile settlements and issue a bilateral reconciliation report.

5. AMENDMENT OF THE AGREEMENT AND SETTLEMENT OF DISPUTES

5.1. All changes to the agreement are formalized by an additional agreement and signed by the parties in accordance with the terms of the agreement, unless otherwise provided by current legislation.

5.2. The agreement may be amended by a court decision in cases established by law.

6. RESPONSIBILITY OF THE PARTIES

6.1. The Contractor is responsible for the volume, mode and quality of services provided to the Customer under this agreement, in accordance with the legislation of the Russian Federation.

6.2. Elimination of the consequences of accidents that occurred due to the fault of the Customer or users is provided at the Customer’s expense.

6.3. The customer is responsible for violation of fire safety requirements in accordance with current legislation.

6.4. In all other cases of failure to fulfill obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

7. OTHER CONDITIONS

7.1. This agreement comes into force from the moment it is signed by the parties in in the prescribed manner and is valid until "___"_____________.

7.2. In case of disagreements that are not resolved through negotiations, the interested party may go to court.

7.3. Neither party is responsible for complete or partial failure to fulfill its obligations due to force majeure, such as earthquake, flood and other natural disasters.

7.4. In the event of an accident or breakdown of equipment caused by the Customer, their elimination is carried out at the Customer’s expense.

7.5. The Agreement is drawn up in two copies, the first of which is kept by the Contractor, the second by the Customer.

Applications:

1. Equipment inspection report.

2. Certificate for calculating fees for services provided under this agreement.

3. Certificate of equipment maintenance.

4. Certificate of current repair of equipment.

5. Equipment maintenance log.

8. Signatures and details of the Parties

Executor

BIC _________________________

Customer

Address: _________________________________________________________

INN/KPP ___________________________/___________________________

Account ____________________________________________________________

Bank _________________________________________________________________

C/s ____________________________________________________________

BIC _________________________

Phone ______________, email ______________________

"___"___________ ____ Performer: ______________/_______________ (signature, full name) M.P. "___"___________ ___ Customer: ________________/_________________ (signature, full name) M.P.

1. SUBJECT OF THE AGREEMENT

1.1. The Contractor assumes obligations for equipment maintenance, proper maintenance and repair, and the Customer, in turn, makes a timely payment.

1.2. The object of maintenance is the equipment: _______________________________.

The equipment being serviced includes:

__________________________________________________________.

2. OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.1. Provide maintenance and maintenance of equipment located at: ___________________________.

a) inspection of equipment carried out by representatives of the Contractor, ensuring timely identification of non-compliance of the condition of the equipment with the requirements of the legislation of the Russian Federation, as well as threats to the safety of life and health of citizens;

b) when inspecting the equipment, eliminate malfunctions;

c) other works: _______________________________.

2.1.2. The Contractor also undertakes:

a) notify the Customer about shutdown, testing or other change in the operating mode of the equipment ______________________;

b) fulfill the Customer’s requests to eliminate malfunctions and accidents within the established time frame;

c) promptly notify the Customer of changes in the amount of payment for services;

d) recalculate fees for equipment maintenance in the event of their absence or a decrease in the quality of the services provided.

2.2. The customer undertakes:

2.2.1. Pay the monthly maintenance fee no later than the _____ day of the month following the billing month.

2.2.2. Follow the rules for using and maintaining the equipment.

2.2.3. Bear other responsibilities provided for by current legislative and other regulations of the Russian Federation.

3. RIGHTS OF THE PARTIES

3.1. The performer has the right:

3.1.2. Exercise other rights provided for by current legislation.

3.2. The customer has the right:

3.2.1. Receive services provided in accordance with this agreement in the proper volume and quality.

4. PAYMENTS UNDER THE AGREEMENT

4.1. The maintenance fee is _____ (__________) rubles per month.

4.2. The payment under this agreement is paid by the Customer monthly no later than the _____ day of the month following the billing month.

4.3. The amount of payment under this agreement and the current account into which payments are made are indicated by the Contractor in the invoice issued to the Customer.

4.4. Recalculation of fees under the agreement is carried out by the Contractor in the manner established by the additional agreement to this agreement, but not more than ____ times per year.

5. AMENDMENT OF THE AGREEMENT AND SETTLEMENT OF DISPUTES

5.1. All changes to the agreement are formalized by an additional agreement and signed by the parties in accordance with the terms of the agreement, unless otherwise provided by current legislation.

5.2. The agreement may be amended by a court decision in cases established by law.

6. RESPONSIBILITY OF THE PARTIES

6.1. The Contractor is responsible for the volume, mode and quality of services provided to the Customer under this agreement, in accordance with the legislation of the Russian Federation.

6.2. The Contractor is released from liability for damage caused to the Customer’s property, as well as from liability for violation of the quality of services provided under this agreement, if he proves that negative consequences occurred due to force majeure (earthquake, hurricane, flood, etc.).

6.3. Elimination of the consequences of accidents that occurred due to the fault of the Customer or users is provided at the Customer’s expense.

6.4. The customer is responsible for violation of fire safety requirements in accordance with current legislation.

7. OTHER CONDITIONS

7.1. This agreement comes into force from the moment it is signed by the parties in the prescribed manner and is valid until "___"_________ ____.

7.2. In case of disagreements that are not resolved through negotiations, the interested party may go to court.

7.3. Neither party is responsible for complete or partial failure to fulfill its obligations due to force majeure, such as earthquake, flood and other natural disasters.

7.4. In the event of an accident or breakdown of equipment caused by the Customer, their elimination is carried out at the Customer’s expense.

7.5. The Agreement is drawn up in two copies, the first of which is kept by the Contractor, the second by the Customer.

Applications:

1. Equipment inspection report.

2. Certificate for calculating fees for services provided under this agreement.

"___"___________ ____ Performer: ______________/_______________ (signature, full name) M.P. "___"___________ ___ Customer: ________________/_________________ (signature, full name) M.P.