Allgemeine Wartungsbedingungen (M 2017)

ORGALIME 2017

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Allgemeine Wartungsbedingungen (M 2000).

Sprache:
je 5 Exemplare Deutsch, Englisch

The new M 17-conditions have not been adopted in order to remedy any specific defects in the M 2000-conditions.
The M 2000-conditions are perfectly accurate from a legal point of view. The objective of the ORGALIMEworking
group “Legal Affairs” has mainly been to clarify certain issues, where a certain clause could be
misinterpreted, and to add certain responsibilities for each of the parties to a maintenance contract. Another
objective has been to harmonize the conditions with the ORGALIME-general conditions for repair, which to a
certain extent cover similar issues. And last but least, the new M 17-conditions clarify the liability regime, in
order to prevent any misunderstandings.
[TAB:overview of the major changes]ORGALIME has made it its responsibility to ensure that companies in the sector can use adequate legal
tools to make life easier by making model contracts and general conditions available. These contracts
and conditions are prepared in the working group “Legal Affairs” of ORGALIME, consisting of lawyers of
the ORGALIME-member associations in the European countries. This working group has recently
adopted revised general conditions for maintenance of mechanical, electrical and electronic equipment.
These conditions are referred to as the M 17-conditions and replace the M 2000-conditions.
The new M 17-conditions have not been adopted in order to remedy any specific defects in the M 2000-
conditions. The M 2000-conditions are perfectly accurate from a legal point of view. The objective of the
ORGALIME-working group “Legal Affairs” has mainly been to clarify certain issues, where a certain
clause could be misinterpreted, and to add certain responsibilities for each of the parties to a maintenance
contract. Another objective has been to harmonize the conditions with the ORGALIME-general conditions
for repair, which to a certain extent cover similar issues. And last but least, the new M 17-conditions clarify
the liability regime, in order to prevent any misunderstandings.
The major changes of the M 17-conditions compared with the old M 2000-conditions are the following:

1. It has been put beyond doubt that the Contractor, taking care of maintenance on behalf of the
Customer, is obliged to apply proper skill and care, but is not obliged to guarantee a good result of
his activities. Please see Clauses 5, 23 and 33 of the M 17-conditions. The Contractor should
indeed not become the victim of defects in the design or construction of a product which cannot be
remedied just by doing maintenance. Such defects can only be remedied by changing the design
or construction of the product itself, which goes far beyond the scope of responsibilities of a
contractor whose duty is to “maintain” the product, i.e. taking care that the product is kept in its
original state.

2. The compensation for the Contractor in case of termination of the Contract due to alterations in the
Equipment initiated by the Customer is limited to EUR 75 000 or five times the yearly remuneration
of the Contractor if this is a higher amount. Please see Clause 10, second paragraph. This limitation
has been inserted to provide for an adequate compromise between the interests of the parties.

3. Clauses 11.3 and 11.4 have been added to provide for applicable rules in case of non-completion
of the maintenance work where the parties have agreed on maintenance work on a lump sum
basis.