Hooldusleping

Hooldusleping, or maintenance contract, is a contract under which a customer engages a service provider to perform ongoing maintenance, servicing, and, when needed, repairs of a specified asset or set of assets. The purpose is to ensure reliable operation, minimize downtime, and extend the asset's useful life. A hooldusleping usually covers preventive maintenance, fault diagnosis, repairs, spare parts, software updates (where applicable), and technical support, as well as scheduling, reporting, and escalation procedures.

Scope and parties: The contract identifies the assets to be serviced, the locations, service hours, and whether support is on-site or remote. It specifies the tasks included, frequency of preventive maintenance, response times, and who bears the cost of parts and travel.

Service levels and performance: Many hooldusleping agreements include service levels (SLA), with targets for response time, repair time, and uptime. Provisions may cover emergency support, maintenance windows, and reporting requirements.

Term, renewal, and termination: The agreement states the term (fixed or rolling), renewal terms, and termination rights for breach, insolvency, or by notice.

Payment and liability: Pricing models include retainer, fixed annual fee, or per-incident charges, with invoicing terms and VAT. Liability clauses and insurance requirements limit liability and set exclusions; warranties on performed work may be stated.

Relationship to warranties and legal framework: A hooldusleping complements manufacturer or supplier warranties by providing ongoing care and updates. It is governed by contract law; in Estonia, the Law of Obligations Act is applicable, with dispute resolution provisions outlined in the contract.

Negotiation and drafting: Clear scope, defined SLAs, change control, and termination clauses are essential to avoid disputes.