ANNUAL MAINTENANCE CONTRACT
This Agreement is made on [Effective Date] between [Service Provider Name] and [Customer Name].
1. Parties. This Annual Maintenance Contract ("AMC") is made between [Service Provider Name], of [Provider Address] (the "Service Provider"), and [Customer Name], of [Customer Address] (the "Customer"), together the "Parties".
2. Scope of Maintenance. The Service Provider shall provide preventive and corrective maintenance for the equipment/systems listed in Schedule A ("Equipment"), including [Number] scheduled visits, breakdown support, and replacement of [spares included / excluded] as specified.
3. Term. This AMC is effective from [Effective Date] for a period of [Number] months (typically one year), renewable by mutual written consent.
4. Charges, Payment and GST. The AMC charge is Rs. [Amount] for the term, exclusive of GST, charged at the applicable rate on a valid tax invoice. Payment shall be made [in advance / quarterly] within [Number] days. TDS shall be deducted as per law. Consumables and out-of-scope parts shall be billed separately.
5. Service Levels and Obligations. The Service Provider shall respond to breakdown calls within [Number] hours and restore service within [Number] hours, subject to spare availability. The Customer shall provide safe access to the Equipment and operate it as per guidelines.
6. Intellectual Property. Any diagnostic tools, software or manuals provided remain the property of the Service Provider and shall be used only for maintenance.
7. Confidentiality. Each Party shall keep confidential the other's non-public information disclosed during maintenance.
8. Indemnity. The Service Provider shall indemnify the Customer against losses caused by its negligence during maintenance; the Customer shall indemnify against misuse of the Equipment.
9. Termination. Either Party may terminate on [Number] days notice, or immediately for material breach uncured within [Number] days. Charges for services already rendered remain payable.
10. Governing Law, Jurisdiction and Arbitration. This AMC is governed by the laws of India, subject to the exclusive jurisdiction of the courts at [City]. Disputes shall be referred to a sole arbitrator under the Arbitration and Conciliation Act, 1996, seated at [City], in English.
For [Service Provider Name]
Authorised Signatory
For [Customer Name]
Authorised Signatory