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Thread: Annual Maintenance Agreement

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    Lightbulb Annual Maintenance Agreement



    ANNUAL MAINTENANCE CONTRACT

    This agreement made on this day of September 2009 between ( hereinafter called the party on the first part) and M/s (Hereinafter called the party on the second part) for the maintenance of Computer equipment’s specified in ANNEXURE-1 of this agreement.


    Whereas the Service Provider is in the business of maintenance, supply and operation of products and services relating to
    IT facility management/annual repairs and maintenance of computer system, Laptops, Computer related accessories & LAN system.

    Whereas the party on the second part is a company engaged in the business of ……………………….

    Whereas , this agreement contains the service provider’s terms of engagement;

    Now, therefore, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending , to be legally bound , agree as follows:

    TERMS AND CONDITIONS:-


    1. Services Provided

    The first party is prepared to provide the following professional services to the second party:
    • Monthly maintenance of Three Desktop which includes the Monitor and CPU.
    • Monthly maintenance of UPS of three Desktop.
    • Hardware & Software troubleshooting of three Desktops.
    • Installation of up gradation of System software.
    • Desktop performance monitoring, fine- tuning and optimization.
    • Server Management Services.
    • Desktop LAN connectivity.
    • Net work Security.
    • Ensure complete connectivity of the computer with respective network.
    • Activity related to trouble shooting of connectivity related problem.
    • Any modifications or up gradations or any kind of add-ons to the CPU, Monitor and UPS System will be charged extra.
    • Any modifications in the configuration of the CPU will be charged extra as per the actual market cost.
    OBLIGATION OF THE SECOND PARTY:-
    The Annual Maintenance Contract includes corrective maintenance.
    The First Party shall depute one well- qualified and experienced service engineers with Computer Engineering qualification on the call received for the maintenance related complaints.

    OBLIGATION OF THE SECOND PARTY:-
    • The Second Party will ensure proper electrical grounding for the Desktop System.
    • The Second Party should ensure that as far as possible a dust-free environment is provided at sites where Desktop systems are installed.
    • The Second Party shall not shift or move the equipment from the said premises. Any such movements shall be conducted after consulting with the First Party and under the supervision of the First Party’s personnel on chargeable basis.
    • The Second Party will intimate the First Party if any additional attachments, features or devices are directly or indirectly connected to the equipment and all such connections of additions will be conducted only after receiving prior consent from the First Party.
    • This Agreement shall not cover replacement of any part including plastic body and other parts, replacement of any part necessary for keeping the computer systems active. The replacement of all spares including plastic parts and body is not included in this Agreement and the Second Party shall be liable to pay for the replacement of any parts.
    • The Second Party is solely responsible for keeping the systems, media and site adequately insured against risks such as burglary, fire, flood, etc. All damages or losses caused due to the above are beyond the scope of this agreement.
    • The Second Party will ensure that rats, insects, etc., do not invade and damage the systems covered in this contract.
    • The Second Party will ensure that water do not damage the systems covered in this contract.
    • The Second party will pay the bill of the first party within a period of 10 days from the date of billing.



    PAYMENT TERMS:-
    • The Second Party will pay Annual Maintenance Charges of Rs………../- for the maintenance of the equipment specified in Annexure-1.
    • The charges are to be paid by the Second Party in full on commencement of the contract.
    • The second party will pay the bill of the first party in the case of any replacement of any part of Desktops including Mouse, Keyboard and other spare parts.

    VALIDITY OF THE AGREEMENT:-

    • This agreement is valid for a period of 12 months from ……………..to ……………….. It may by mutual consent be renewed before expiry for such further periods on such terms as may be mutually agreed upon.
    FORCE MAJEURE :-


    The First Party shall not be liable for any delay of failure of performance of any of its obligations under or arising out of this contract if the failure of delay results from any of the following; Acts of Gods, refusal of permission, other Govt. acts, fire, explosion, accident, industrial dispute, rain and the like which renders it impossible or impractical for the First Party to fulfill its obligations under the agreement.


    TERMINATION :-

    Either Party may terminate this agreement with thirty days' written notice. If the agreement is terminated, First Party will present Second Party with a statement of account including the dues showing all details. If any due remains, Second Party will pay First Party the dues.

    In case of any dispute of any kind whatsoever whether arising out of, or in connection with, or in any manner connected with this Agreement between the parties hereinabove shall be resolved by arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996. The decision of the Arbitrator shall be final and binding on the parties and the place of Arbitration shall be Delhi only.

    THIS AGREEMENT IS ENTERED INTO AT NEW DELHI ON THIS THE ____ DAY OF September, 2009 IN PRESENCE OF THE WITNESSES



    First party
    Second Party
    Witness:

    1.




    2.


    ANNEXURE-1

    Sl.No. PARTICULARS QTY AMOUNT

    1

    2

    3

    4

    5

    Total




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