Repair and maintenance agreement

REPAIR AND MAINTENANCE SERVICES AGREEMENT

This repair and maintenance services agreement (hereinafter the "Agreement") has been entered into in [City where the contract is signed] on [Contract date] between the following parties:

1. PARTIES

1.1 Service Provider:
[Service provider's name]
Personal identification code / registry code: [Service provider's personal identification code / registry code]
Address: [Service provider's address]
Contact: [Service provider's contact]
(hereinafter the "Service Provider")

1.2 Client:
[Client's name]
Personal identification code / registry code: [Client's personal identification code / registry code]
Address: [Client's address]
Contact: [Client's contact]
(hereinafter the "Client")

2. DESCRIPTION AND PLACE OF THE WORK

2.1 Description of the work: [Description of the work].

2.2 Address of the place of work: [Address of the place of work].

2.3 Before starting the work, the Service Provider inspects the item or site where necessary (diagnostics) and notifies the Client without delay if works different from or additional to those described in clause 2.1 are needed to perform the work. The Client gives the Service Provider the information known to the Client about faults and previous repairs.

3. PRICE

3.1 Pricing method: [Pricing method]. Price: [Price (€)] euros.

3.2 Cost of spare parts/materials: [Cost of spare parts/materials].

3.3 If the Service Provider has submitted a cost estimate for the work, the cost estimate is presumed to be binding unless the Parties have agreed that it is non-binding (Law of Obligations Act (VÕS) § 639 (1)). The Service Provider notifies the Client without delay of a significant overrun of a non-binding cost estimate (VÕS § 639 (2)) and continues with works exceeding the cost estimate only with the Client's consent.

3.4 It is presumed that no fee is payable for preparing a cost estimate (VÕS § 637 (2)). Replaced parts are handed over to the Client at the Client's request, unless they must be returned under the manufacturer's warranty.

4. DEADLINE

4.1 Estimated completion date: [Estimated completion date].

4.2 The Service Provider notifies the Client without delay of any foreseeable delay, including difficulties in the supply of spare parts. If the Client is a consumer, the object of the work is the consumer's movable and the time of delivery has not been specified, the item must be delivered without delay, but not later than 30 days after the conclusion of the Agreement (VÕS § 636 (5)).

5. PAYMENT TERMS

5.1 Payment terms: [Payment terms].

5.2 The Client is not required to pay for the work before it has had the opportunity to inspect the work, unless the agreed payment terms (e.g. advance payment) do not allow this (VÕS § 637 (5)).

6. DELIVERY AND ACCEPTANCE

6.1 The Client inspects the completed work and accepts it within a reasonable time. The work is also deemed accepted if the Client unjustifiably fails to accept the completed work within a reasonable term granted to it by the Service Provider (VÕS § 638).

6.2 To secure claims arising from the Agreement, the Service Provider has a right of pledge over the Client's movable which it has repaired or maintained, if the movable is in its possession for the purpose of performing the work (VÕS § 654 (1)).

7. WARRANTY AND DEFECTS

7.1 The following warranty period applies to the work performed: [Warranty period]. The contractor's warranty covers all non-conformities of the work with the terms of the contract that become evident during the warranty period (VÕS § 650 (1)).

7.2 The giving or not giving of a warranty does not restrict the Client's statutory rights in the event of non-conformity of the work with the terms of the contract. The Service Provider bears the costs related to remedying a defect (VÕS § 646 (4)).

7.3 If the Client is a consumer and the object of the work is the consumer's movable (consumer contract for work), the Service Provider is liable for any non-conformity which becomes evident within two years from the delivery of the work, and a non-conformity which becomes evident within six months is presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the work or the defect (VÕS § 642 (2)). The consumer must give notice of the non-conformity within two months (VÕS § 644 (1)). Any agreement derogating to the detriment of the consumer is void (VÕS § 657 (1)).

7.4 If the object of the work is construction within the meaning of the Building Code and the Client is a consumer, a non-conformity which becomes evident within two years from the delivery of the work is presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the work or the defect (VÕS § 642 (2¹)).

7.5 A Client who entered into the Agreement in its economic or professional activity inspects the work without delay and, when giving notice of a non-conformity, describes it with sufficient precision (VÕS § 643, § 644 (2)).

7.6 If the Service Provider has given a warranty, it does not extend to defects resulting from improper use of the item, ordinary wear and tear or modifications made by a third party.

8. MAINTENANCE AND SAFETY

8.1 In the case of recurring maintenance, the Service Provider performs the maintenance works in accordance with the agreed schedule and the manufacturer's instructions and documents the works performed and the parts replaced. The Service Provider notifies the Client without delay of any dangerous defect.

8.2 Works which, under legislation, require special competence (e.g. electrical or gas works) are performed only by persons with the relevant competence. The Service Provider protects the Client's property against damage and leaves the workplace tidy.

9. CANCELLATION

9.1 Terms for cancelling the order: [Terms for cancelling the order].

9.2 The Client may terminate the Agreement at any time; in that case, the Service Provider is entitled to the agreed fee less what it saved as a result of the termination or what it acquired or could reasonably have acquired by using its labour otherwise (VÕS § 655 (1)). In the case of a consumer contract for work, the terms referred to in clause 9.1 may not worsen the consumer's position compared to the law (VÕS § 657 (1)).

10. LIABILITY

10.1 A Party is liable for a breach of the Agreement unless the breach is excused (VÕS § 103). The Service Provider is not liable for a non-conformity resulting from the Client's instructions or from defects in material procured by the Client if it inspected the instructions or material sufficiently (VÕS § 641 (3)).

11. DISPUTE RESOLUTION

11.1 Disputes arising from this Agreement are resolved as follows: [Dispute resolution]. The Consumer Disputes Committee resolves only disputes between a consumer and a trader.

11.2 The Agreement is governed by the law of [Governing law].

12. FINAL PROVISIONS

12.1 Amendments to the Agreement are made in writing or in a format which can be reproduced in writing. If the Client is a consumer, the terms of the Agreement do not restrict the consumer's statutory rights, from which it is not possible to derogate to the detriment of the consumer.

12.2 If any provision of the Agreement is or becomes invalid, this does not affect the validity of the remaining provisions.

LEGAL BASIS

This agreement is governed by the part of the Law of Obligations Act governing contracts for work (VÕS § 635 et seq.), including the legal remedies available in the event of non-conformity of the work with the terms of the contract (VÕS §§ 641–651). If the Client is a consumer and the object of the work is the consumer's movable, the agreement is a consumer contract for work (VÕS § 635 (4)).