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A maintenance and repair contract — for example, for a car or machine — gives the customer certainty regarding costs and quality, and the provider predictable revenue. But the legal side matters: clearly define what is covered, the duration, the price, the warranty, and liability.
What is a maintenance and repair contract?
With such a contract, a provider (such as a garage) takes care of the periodic maintenance and repairs of a valuable asset, often for a fixed amount. For the customer, this means predictable costs, specialized maintenance, and fewer surprises; for the provider, better planning and cash flow.
Define what falls under it
The core issue is the scope: which maintenance and repairs are included, and which are not? Consider periodic servicing, wear parts, damage due to use versus damage caused by the driver's own fault, and what applies to additional work. Lack of clarity on these matters leads to disputes over who pays for what.
Term, price and cancellation
Regulate the duration, the price and any price changes, and the cancellation or termination conditions. For contracts with consumers, rules regarding tacit renewal and cancellation also apply. Ensure that the customer knows where they stand and that the provider is not bound by a loss-making agreement.
Warranty and liability
Make agreements regarding the warranty on the work performed and liability if something goes wrong — within legal limits, and towards consumers with due observance of their mandatory protection. Good general terms and conditions accompanying the contract make this watertight.
Frequently Asked Questions
What should be included in a maintenance and repair contract?
The scope (what is included), the term, the price and price changes, cancellation, the warranty and liability.
Is it permissible to renew the contract tacitly?
For consumers, rules apply regarding automatic renewal and simple termination. Document this correctly.
Can I limit my liability?
Within legal limits, yes; however, additional restrictions apply to consumers. A balanced regulation holds up best.
A comprehensive maintenance contract?
Our legal experts draft your maintenance and repair contract and general terms and conditions . View our contract lawteam or schedule a free consultation.
