Example of Contract for the Provision of Maintenance Services

CONTRACT FOR THE PROVISION OF PREVENTIVE AND CORRECTIVE MAINTENANCE SERVICES, WHICH IS CELEBRATED BY THE UNIVERSIDAD NACIONAL AUTÓNOMA DE MÉXICO, hereinafter "UNAM", REPRESENTED IN THIS ACT BY..., WITH THE ATTENDANCE OF...; AND ON THE OTHER PART,... HEREBY "THE PROVIDER", REPRESENTED BY..., IN ITS CHARACTER OF..., IN THE BASIS OF THE FOLLOWING STATEMENTS AND CLAUSES:

STATEMENTS

I. DECLARES "THE UNAM":
1. That it is a public corporation, a decentralized body of the State, endowed with full legal capacity, in accordance with its Organic Law published in the Official Gazette of the Federation, on January 6, 1945, and which has among its purposes to impart higher education and carry out research, mainly about national conditions and problems, and to extend as widely as possible the benefits of the culture.
2. That the legal representation of this House of Studies, falls originally in its
Rector,..., according to the provisions of articles 9 of its Organic Law
and 30 of the General Statute, having powers to approve it in accordance with section I of article 34 of the Statute itself.

3. That..., is empowered to sign this contract.
4. That indicates as domicile, for the purposes of the contract, the 9th floor of the Rectory Tower, in Ciudad Universitaria, Coyoacán, D.F., CP. 04510.
II. DECLARES "THE PROVIDER".
1. Be... legally constituted in accordance with Mexican law, as evidenced by the articles of incorporation number... dated... executed in the faith of the Notary Public Number..., Lie ...
the city of...
2. That he has the legal capacity to contract and be bound, in accordance with this contract, and that he has the organization and the technical, ecological and human elements sufficient to do so.
3. That his representative... is empowered to contract if
credit with ...
4. That you have the organization, experience, staff, equipment and in addition to the necessary and appropriate, and that he knows the equipment in its entirety for the purpose of the maintenance that is the object of this contract.
5. That for the purposes of this contract, the address located in ...
III. BOTH PARTIES DECLARE:
UNIQUE. Having learned the details of the previous declarations, they agree to sign the contract under the following terms:

CLAUSES

FIRST. "THE PROVIDER" undertakes to provide "LA UNAM" with preventive and corrective maintenance services to the equipment described in Annex I, and signed by the parties will be included in this document.
"SECOND. The total amount of this contract is $... (...
plus the I.V.A. This amount will be covered by "LA UNAM" in payments of $ ...
(...), plus the I.V.A.
The aforementioned amount will be payable in national currency and will compensate the PROVIDER "for materials, supplies, salaries, fees, organization, management and administration, social and labor benefits to his staff and all expenses originate as a result of this contract, so he may not demand i remuneration for any other concept.
THIRD. The term of this contract will be... from ...
QUARTER. For the due fulfillment of the subject matter of this contract, "EL PRE DOR" undertakes to:
a) Provide the services that are the object of this contract, in accordance with the provisions of Annex I, which will be included in this document, signed by the parties;
b) Provide the preventive and corrective maintenance service, in accordance with the technical specifications and operation manuals of the equipment referred to in this contract;
c) Provide the service, through the specialized personnel required for it, and
d) Go to provide the service, in accordance with the previously approved calendars, programs and schedules.
FIFTH. The preventive maintenance service will consist of four visits during the term of this contract, one every three months.
"THE PROVIDER", quarterly, will send specialized personnel to the facilities of "LA UNAM" for the purpose of preventive maintenance, which will consist of:
1. Correct any damage found in the equipment that is the subject of this contract;
2. Record the operating conditions found and the corrections made, delivering to "LA UNAM" the corresponding report;
3. Carry out the engineering changes, as dictated by the manuals and technical specifications, to always keep the maintenance equipment updated, and
4. Replace the parts or spare parts that are not working properly, except those that are not covered by this contract, in which case the prior written authorization of "LA UNAM" will be required, so that in due course, they can be invoiced.
a) Corrective maintenance will be provided as many times as requested by "LA UNAM", and in addition to understanding the characteristics indicated in the previous paragraph, it must contemplate the following.
1. "THE PROVIDER", within a period of 2 hours from when it receives; The report from "LA UNAM" will respond to the concspon-tooth maintenance request. In those cases in which the call is within the Metropolitan Area or the Federal District;
2. For cases of equipment service requirement that is outside the designated area previously, "THE PROVIDER" will have a term of 24 hours to respond to the service of maintenance, and
3. "THE PROVIDER", will have a maximum period of 6 hours, from the m For the fulfillment of preventive or corrective maintenance, "THE PRESTA designates as hours and business days the following ...
SIXTH. "LA UNAM" through the person or persons designated for this purpose, you are empowered to supervise at all times the services that are the subject of this contract and PROVIDER will give "in writing the recommendations that it deems pertinent on the matter that" THE PROVIDER "is obliged to attend to the brevity.
SEVENTH. "THE PROVIDER", is solely responsible for the personnel that uses the reason for the work to be carried out. This contract refers to, regarding the fiscal, social security and civil obligations that result; therefore, he will be liable for all claims that his workers present against him or "LA UNAM", if that is the nature of the conflict.
"THE PROVIDER" is obliged to remove "LA UNAM" from cu; claim that on the occasion of this contract its staff would claim, paying the necessary expenses and benefits.
EIGHTH. "THE PROVIDER" will ensure that all its workers respect the internal regulations of "LA UNAM" when, due to the service, they have access to facilities and goods.
NINTH. The equipment and materials required for the provision of the obj service (contract, will be of the best quality, provided with every opportunity and in sufficient quantity to guarantee the most efficient, effective and effective delivery of the service.
"THE PROVIDER" undertakes to replace, free of charge, the parts and / or components that are damaged, defective or in poor condition, such as ...
Components and / or spare parts other than those mentioned in the preceding paragraph require to be replaced for being defective, damaged or in poor condition billed separately to "LA UNAM" prior authorization
TENTH. "LA UNAM" should not transfer or make any modifications to the equipment settings without previously consulting "EL PROVIDER ", in which case the repairs may result from it will be billed separately to" LA UNAM ".
ELEVENTH. The parties agree that before the provision of preventive or corrective maintenance service, subject of this contract, begins, "EL PRIDOR "will carry out an inspection of the equipment that is going to be maintained, to verify the condition and operation of the equipment. themselves.
The foregoing, in order that if "THE PROVIDER" detects damage or faulty parts in the equipment, present to "LA UNAM" the corresponding repair budget so that they remain in optimal operating conditions.
TWELFTH. In the event that the equipment, which is going to be maintained, is installed outside the metropolitan area of ​​the City of Mexico, Federal District, and "THE PROVIDER" do not have branches in that place, the transportation and per diem expenses of the service, will be covered by "LA UNAM", both for preventive and corrective maintenance visits, after checking the themselves.
THIRTEENTH. The parties agree that "THE PROVIDER" may not assign, transfer or dispose of all or part of the rights and obligations derived from this contract, without the prior written authorization of "LA UNAM ".
FOURTEENTH. To guarantee due compliance with the obligations of this contract, "THE PROVIDER" must submit within a period of 10 calendar days, counted from the date of signature of this document, the following bonds:
a) A bond for the total value of the advance that is granted.
b) A bond for 20% of the total value of the contract, to guarantee the due fulfillment of the obligations contained therein.
The bonds must contain the statements indicated below:
1. That the bonds are granted in the terms of this contract;
2. That they cannot be canceled without the written consent of "LA UNAM", and
3. That the surety institution accepts the provisions of article 118 of the Federal Law on Surety Institutions.
The bond will only be canceled when "THE PROVIDER" has complied with the obligations arising from this contract.
FIFTEENTH. "THE PROVIDER" will be responsible for the damages caused to "LA UNAM" or to third parties, due to the execution of the works.
The payment for the resulting damages will be made by "THE PROVIDER" within 15 calendar days following the notification that "LA UNAM" makes.
SIXTEENTH. If "THE PROVIDER" in carrying out the maintenance work on the goods that is the object of this contract is in default or does not provide the services in accordance with the agreement, "LA UNAM" may require in writing to "THE PRESTA to remedy the deficiencies within a maximum period of two business days, from the date of receipt of the notification for compliance. Failure to do so "LA UNAM" may terminate this contract and make the bonds mentioned in the el FOURTEENTH, in addition to requiring the payment of damages provided for in the FIFTEENTH clause of this instrument.
SEVENTEENTH. The parties agree that "LA UNAM" may ad natively terminate this contract, with the only requirement of communicating its decision by "THE PROVIDER" in the following cases:
a) For breach of any of the obligations contained in the contract;
b) If "THE PROVIDER" is declared bankrupt or suspended by the competent authority, and
c) For any other cause attributable to "THE PROVIDER" or his staff that partially or totally requests compliance with this document.
EIGHTEENTH. "LA UNAM" may terminate this contract if there are reasons of general interest. If this is the case, "LA UNAM" will communicate to the PROVIDER "the reasons that gave rise to said termination
NINETEENTH. This contract may be modified in any of its conditions by mutual agreement, 30 days prior to the date on which the modification is due to take effect.
TWENTIETH. This instrument does not cause any tax, as regards UNAM ", since article 17 of its Organic Law, orders that "LA UNAM" enter them and the assets they own are not subject to federal, local or federal taxes or den municipal. Neither will the acts or contracts in which it intervenes, if the taxes in accordance with the respective law should be in charge of UNAM will not be taxed ". The full interpretation of the aforementioned article is that "LA UNAM" enjoys a special fiscal regime of non-tax liability, as has been recognized by the Federal Judicial Court, in the Jurisprudence I.5.A.8 of the Fifth Collegiate Court Administrative Matters of the First Circuit, published in the Gaceta del Semanario Jui de la Federación number 19-20, July-September 1989, in p. 123, under the "UNIVERSIDAD NACIONAL AUTÓNOMA DE MÉXICO, IS NOT TAX SUBJECT", based on the execution of the Amparos under review 35/88, 5/89, 25/89, 45/89 and 85/89.
TWENTY-FIRST. For the interpretation and fulfillment of this contract, as well as for everything not provided for in it, the parties submit to the jurisdiction and competence of the federal courts, of Mexico City, Federal District, for which reason they renounce the jurisdiction that by reason of their present or future domicile could reciprocate.
Having read that this contract was and knowing the parts of its content and scope, they sign it
in Mexico City, Federal District, on... day of the month of ...
1900...

BY "LA UNAM" BY "THE PROVIDER"