Maintenance Service Agreement
This agreement is made on 7 November 2026 between:
- NorthStar Facility Services Ltd, of Unit 7, Kingsway Park, Cardiff CF10 1AA, United Kingdom ("the Provider"); and
- Aldous Dental Practice Ltd, of 18 Queen Street, Cardiff CF10 2BU, United Kingdom ("the Customer").
The Customer wishes the Provider to maintain the equipment or premises below, and the Provider agrees to do so on these terms.
1. What is covered
1.1 The Provider will maintain the following ("the Covered Items") at 18 Queen Street, Cardiff CF10 2BU ("the Site"):
- 2 air conditioning units (Daikin, installed 2022, serial numbers on the schedule)
- the heating boiler and radiators
- the compressor and suction system
- the emergency lighting and fire alarm panel
1.2 The Covered Items may be changed only by agreement in writing. If the Customer adds an item, the Provider may first inspect it, and the parties will agree any change to the fee. The Provider may refuse an item that is unsafe, past repair or not made to a recognised standard, and will tell the Customer why.
1.3 The Provider is not responsible for anything that is not a Covered Item, even if it is joined to one.
2. The services
2.1 The Provider will carry out the following maintenance ("the Services"): inspection, cleaning, lubrication, adjustment, testing, filter replacement, safety checks and the repair of faults, as set out in the maintenance checklist the Provider gives the Customer.
2.2 Scheduled visits. The Provider will make four visits a year, one in each quarter, on dates agreed at least 7 days in advance. The Provider will give the Customer a short written report after each visit, listing what was done, what was found, what parts were used, and any recommendation. If the Customer is not at the Site at the time agreed and the Provider cannot get in, the Provider may charge for the visit as if it had been made, and need not make another visit until it is rearranged.
2.3 Faults. The Customer will tell the Provider of a fault by the contact details the Provider has given, with a clear description of what is wrong. The Provider will classify the fault, acting reasonably, as follows:
- urgent: the Covered Item has stopped working or cannot be used, or it is a danger to people or property;
- normal: any other fault.
2.4 Response and fix times. The Service hours are 8:00 am to 6:00 pm, Monday to Friday, except public holidays. The times below run only in the Service hours from the moment the Customer's report is received:
| Priority | Provider responds | Provider fixes |
|---|---|---|
| Urgent | within 4 working hours | within 24 hours, or a temporary solution within 8 hours |
| Normal | within 2 working days | within 5 working days |
"Responds" means that a qualified person has contacted the Customer, and where the fault needs it, is on the way to the Site. "Fixes" means that the Covered Item works again, in full or by a temporary solution that is safe, with a full repair to follow as soon as it reasonably can.
2.5 If the Provider cannot meet a time because of a cause outside its control, such as a part that must be ordered from the maker, the Provider will tell the Customer at once, give the reason, and give a new time.
2.6 The Provider will carry out the Services with the skill and care expected of a competent maintenance business, with trained and qualified staff, and in line with the maker's instructions and every law, code and safety standard that applies, and will hold every licence that the law requires for the work.
2.7 The Provider may use subcontractors, and is responsible for their work.
3. The Customer's duties
3.1 The Customer will give the Provider safe access to the Covered Items and to the Site at the times agreed, with the services such as power and water that the work needs, and a person who can make decisions.
3.2 The Customer will use the Covered Items as the maker intended and as the Provider reasonably instructs, will keep them in a suitable place and condition, and will not let anyone else repair or change them without the Provider's consent. If someone else does, the Provider may refuse to continue the Services for those items until it has checked them, at the Customer's cost.
3.3 The Customer will tell the Provider at once of any fault, damage, safety problem, or change of how the Covered Items are used, and will stop using an item that is unsafe.
3.4 The Customer is responsible for backups of its data, for cleaning and removing anything private from equipment before the Provider takes it away, and for the Site's own safety rules, which it will give the Provider in good time.
4. Parts and consumables
4.1 Parts and consumables
4.2 Parts that the Provider fits are new or reconditioned to the same standard, of good quality, and suitable for the Covered Items. The Provider will guarantee its work and the parts it fits for 90 days, and will repair or replace a part that fails in that time because of a fault in the part or the work, at no charge.
4.3 Parts that the Provider replaces belong to the Provider, unless the Customer asks to keep them. The Provider will dispose of them lawfully.
4.4 Where a part is no longer made, the Provider may use one of similar standard, and will tell the Customer if the Covered Item can no longer be kept in good order. The Provider may recommend replacement of an item at the end of its useful life, and the cost is not part of the fee.
5. What is not included
5.1 The fee does not cover, and the Customer will pay extra, at the rate in section 6.4, for:
- faults or damage that are caused by misuse, accident, negligence, vandalism, theft, fire, flood, lightning, power surges, pests or an act of God;
- faults caused by a person other than the Provider repairing, changing or moving a Covered Item;
- faults caused by a failure of the electricity, water, gas, network or other supply, or by a fault in an item that is not a Covered Item;
- cosmetic damage and wear to finishes, unless it affects how the item works;
- replacement of a whole Covered Item that is beyond economic repair, upgrades and improvements;
- work required by a change in the law, or by an authority;
- the cost of testing and certificates by an outside authority;
- visits outside the Service hours, unless this agreement says otherwise; and
- any work that the Customer asks for that is outside section 2.
5.2 The Provider will tell the Customer before it does any work that is outside the Services and will not do it without the Customer's agreement in writing, which may be by email. In an emergency to prevent danger or serious damage, the Provider may take the steps that are necessary and will tell the Customer at once.
6. Fees and payment
6.1 The Customer will pay the Provider a fee of GBP 2,400 a year for the Services. The Provider will invoice it in four equal parts, at the start of each quarter. All sums are in pounds sterling.
6.2 The Customer will pay each invoice within 30 days of receiving it, without any set off or deduction except for a sum that is disputed in good faith, in which case the Customer will pay the rest on time and tell the Provider of the dispute in writing.
6.3 All sums are exclusive of value added tax, sales tax and similar taxes, which the Customer will pay in addition if they are due. If the law requires the Customer to deduct tax at source, the Customer will deduct it, pay it on time, and give the Provider an official receipt.
6.4 Work outside this agreement that the Customer has approved is charged at the Provider's usual hourly rates, which it will tell the Customer before the work, with materials as stated in section 4.
6.5 A sum not paid on time carries interest at 4% a year above the base rate of the central bank of the country of the currency of payment. If a sum remains unpaid 14 days after a written reminder, the Provider may suspend the Services until it is paid, and the times in section 2.4 do not apply during the suspension.
6.6 The Provider may increase the fee on renewal by not more than 5%, by giving 90 days' written notice before it renews.
7. Records and reports
7.1 The Provider will keep a log of each visit and fault, with the dates, the work done, the parts used and the person who did it, for at least 5 years or for as long as the law requires, and will give the Customer a copy on request, together with any test results and safety certificates that the Provider has made.
7.2 The Customer may use the records to show compliance with the law and with its insurers. The Provider will keep the Customer's records and the data it learns in the Services private, and use them only for the Services.
8. Warranties
8.1 The Provider promises that it has the skill, qualifications, licences and insurance to carry out the Services and the right to enter this agreement.
8.2 The Customer promises that it owns the Covered Items or has the right to have them maintained and to allow the Provider to go on to the Site.
8.3 Apart from the promises in this agreement, the Provider gives no other warranty, as far as the law allows. The Provider does not promise that a Covered Item will work without interruption or without fault.
9. Responsibility and insurance
9.1 The Provider is responsible for damage to the Customer's property and for injury to persons at the Site that the Provider or its staff cause by negligence or by breach of this agreement, and will keep the Customer free from claims of third parties for them.
9.2 The Customer will keep the Provider free from claims by third parties that arise from the Customer's use of the Covered Items, from the Customer's breach of this agreement, or from a danger on the Site that the Customer knew about and did not tell the Provider of.
9.3 Neither party is liable to the other for indirect loss, loss of profit, loss of business or data, or other loss that could not reasonably have been foreseen. The Provider's total liability under this agreement in any year, however it arises, is limited to twice the annual fee. This does not limit a liability for death or personal injury caused by negligence, for fraud, or for anything that the law does not allow to be limited.
9.4 The Provider will keep public liability insurance for an amount that is usual for a business of its kind, with a reputable insurer, throughout the term, and will give the Customer a copy of the certificate on request. The Customer will keep the Covered Items and the Site insured.
10. Term and ending
10.1 This agreement starts on 1 January 2027 and continues for 12 months from the start date, unless it ends sooner under this section.
10.2 It renews as follows:
automatically for further periods of 12 months, unless either party gives 60 days' written notice before the end of the current period
Otherwise it ends at the end of the term, and the parties may extend it only by written agreement.
10.3 Either party may end this agreement at once by written notice if the other materially breaches it and, where the breach can be put right, does not do so within 21 days of written notice asking it to, or if the other becomes insolvent or ceases to carry on business.
10.4 The Customer may end the agreement for an item that it sells or removes from the Site, by 30 days' written notice, and the fee is reduced fairly.
10.5 When the agreement ends, the Provider will return all property and keys of the Customer, give the Customer the records in section 7, and be paid for the Services done up to the end date. The Customer will pay all sums due. If the Customer ends the agreement early without a right to do so, it will pay the fee for the rest of the paid period.
10.6 Sections 4.2, 6, 7, 9 and 11 continue after this agreement ends.
11. General
- Notices must be in writing and may be sent by email or delivered to the addresses at the top of this agreement, or to another address that a party has told the other of in writing.
- The Provider is an independent contractor and not an employee, agent or partner of the Customer.
- Neither party may transfer this agreement to another person without the other's written consent, which will not be unreasonably refused. A sale of the Site is a reason to agree.
- Neither party is liable for failure or delay caused by an event outside its reasonable control, other than a failure to pay, if it tells the other at once and does what it can to limit the effect.
- This agreement is the whole agreement between the parties about the Services. It replaces everything said or written earlier, and may be changed only in writing signed by both parties.
- If any part of this agreement cannot be enforced, the rest remains in effect.
- A party that does not use a right straight away has not given it up.
- This agreement may be signed in separate copies and electronically, and together they form one agreement.
12. Governing law and disputes
This agreement, and any dispute that arises from it, is governed by the laws of England and Wales. The parties will first try to settle any dispute by discussing it in good faith for 30 days after one of them gives written notice of it.
The place for deciding any dispute under this agreement is Cardiff. How disputes are decided
Signatures
For the Provider: NorthStar Facility Services Ltd
Name and title: ______________
Signature: ______________
Date: ______________
For the Customer: Aldous Dental Practice Ltd
Name and title: ______________
Signature: ______________
Date: ______________