Hvac Service Contract Agreement Template
You might wonder what an HVAC consultant does. To help you land a career in this sector, we've provided some useful information concerning income and skill requirements. An HVAC service contract enables a client to contract with a person or business for ongoing HVAC system maintenance and repairs. Typically, a technician or business is paid a monthly retainer to perform routine system checks to make sure it is constantly operating effectively.
What is an HVAC Contract?
An HVAC contract is a Heating, Ventilation, and Air Conditioning service contract. HVAC is a legally binding agreement, and it has the terms and conditions that specifies the services that are required by the client and the services that are provided by an HVAC professional or company for maintenance on HVAC systems.
For an HVAC contract the client and the service provided should be clear what is required by both parties. And they should include everything in the contract in order to avoid disputes in the future. Each HVAC service provider has different terms and conditions of the contract, and it is up to the client to hire and HVAC service provider that suits them the best.
As it is a legally binding contract, it is beneficial to have a lawyer present at the time of signing the contract. The advice from a member of legal team will help in avoiding any troubles with the contract in the future. And if there are any problems with the contract in the future, or if there is a breach of contract from either side, it can be taken to the court as it is a legally binding contract.
Having an HVAC contract will also help in protecting both parties as it has the terms and conditions that look after the interests of both parties.
An HVAC will mostly include all the details about the maintenance or repairing that is needed and what are the payment methods for this process. The client and the HVAC service provider should be on the same page about all the terms and conditions of the contract. When both parties have an understanding of all things it will be easy for them to go through the process as there won’t be any chance of complications if there is mutual understanding about everything.
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Things to include in an HVAC contract:
When writing an HVAC contract, take the necessary time and attention that is needed to compromise a good contract. A typical HVAC contract will include the following things:
Name and Contact:
It is important for both the HVAC service provider and the client should provide their name, email, and contact information to include in the contract. All the details of the business should be included in this part of the contract.
Definition of the Service:
The HVAC service provider should include all the service that they provide to make it easier for clients to understand what services you can provide. It is better to include a statement of work to make things easier for both sides.
Payment Conditions:
Payment conditions and packages are the most important part of the contract. If the payment conditions are written down in the contract before signing it will help in avoiding complications surrounding payments in the future. Methods of payment should also be included in the contract it will help the client in making the payments in the way the HVAC service provider prefers.
In case of any problems or unfortunate events in the future, a refund policy should also be included in the contract. And if the payments will be made in advance or in installments, it should be included in the contract to make the process go more smoothly.
Termination:
A clause should be written that is referring to the termination of the contract. In case if for some reason, the HVAC service provider or the client want to cancel the contract, they can easily do that if a termination clause is included in the contract.
Modification of Services:
If the HVAC service provider or company want to make some changes in the agreement after it is signed, this clause will help them in determining how they will handle the changes that are made by one party and if both parties agree on them or not.
Time Period:
The time period of how long the contract is valid should also be written in the HVAC agreement. This is important to include as it will give both parties an idea of how long they need to work together, and they can come up with terms and conditions and payment conditions according to that.
Signature:
The final things to include in your HVAC contract is the signature of the HVAC service provider and the client. And if there is a third party also present at the time of singing the contract their signature can all be included in the contract.
The date the contract was signed should also be written at the end of the contract.
Advantages of an HVAC contract:
Singing an HVAC contract come with its fair share of advantages and disadvantages as well. Here are some advantages of having an HVAC contract:
- An HVAC contract is a mutual agreement of what services will be provided and what services are not required.
- It gives the process a serious and professional look and it has the significance of the seriousness to complete the HVAC service
- In case of disputes, a clear set of instructions about the HVAC services required written in the contract will help in solving that dispute.
Disadvantages of an HVAC contract:
Just like having advantages, an HVAC contract also has a few disadvantages:
- In case situation of one-party changes, it will be difficult to cancel the agreement specially if there is no termination clause included.
- Drafting a legally binding contract can be costly for both parties as it also requires the help of a legal team
However, the advantages of an HVAC contract are more than disadvantages. So it is better to have an HVAC contract and sign the contract with your HVAC service provider.
Things to ask before singing an HVAC contract:
As a client looking for an HVAC service provider, here are some things you need to ask your HVAC service provider before signing an HVAC contract:
- Which new systems are most energy efficient?
- Is a simple repair enough instead of a complete rebuild?
- What is the return on your investment?
- How to stop the current problems with the HVAC system from occurring in the future?
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HVAC Service Contract
This HVAC contract (“Agreement”) is entered into on ________________ (the “Effective Date”), by and between ________________________, with the mailing address of ________________ (“HVAC Provider”), and ________________, with the mailing address of ________________ (“Client”) (collectively referred to as the “Parties”).
Term:
The term of this Agreement shall commence on ______________ and terminate: (circle one)
- At-Will: Written notice of at least ____ days’ notice.
- End Date: On _________________________
- Other: ________________________________
Services:
The HVAC provider consents to offer these things referred to as the "Service".
1._____________________________________ 2._____________________________________ 3._____________________________________ 4._____________________________________ 5._____________________________________
HVAC providers shall ensure that, to the best of their abilities, they will comply with the Client's policies, standards, and regulations, including any applicable local, state, and federal laws, when rendering the Service.
Payment:
For the services rendered following this Agreement, the Client consents to pay the HVAC Provider
the following compensation: (Mark one)
- Per hour: _______________
- Flat Rate: _______________
- Other: __________________
Client is required to pay the amount via ______________________________________.
Governing Law:
This Agreement shall be governed by and shall be construed in accordance with the laws in the State of ___________________.
Severability:
The remaining clauses shall continue to be in full force and effect and shall not be affected, impaired, or rendered invalid in any way if any term, covenant, condition, or provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void, or unenforceable.
Services inspection:
The client must inspect the HVAC provider's finished services before receiving any compensation. The Client shall have the right to alert the HVAC Provider of any defective or incomplete Services done by the HVAC Provider according to this Agreement, and the HVAC Provider shall quickly repair such work within a reasonable period.
Return of the Properties:
All property given by the Client, including but not limited to cleaning supplies, clothes, equipment, and any other goods, shall be returned by the HVAC Provider upon the termination of this Agreement. Failure to do so could cause the Client's final payment to be delayed.
Confidentiality:
HVAC Provider understands and accepts that any financial and accounting records, lists of the Client's property, including amounts paid, client and customer lists, and any other data and information about the Client's business are secret ("Confidential Information").
Therefore, during the term of this Agreement or after its termination, the HVAC Provider shall not disclose any Confidential Information for the benefit of the HVAC Provider or any other person, except with the prior written consent of the Client, except for disclosures required to be made to advance the business of the Client and information that is public record.
Independent Status:
HVAC Provider recognizes that they are not the Client's agent, partner, joint venture partner, or employee, but rather are an independent contractor. Neither the HVAC Provider nor anyone else may mistakenly believe that it has the power to bind or otherwise oblige the Client in any way.
HVAC Provider further commits to hold the Client blameless from any loss or damage if the Client experiences and as a result of a violation of this clause by providing indemnification.
Entire Agreement:
All earlier contemporaneous agreements, statements, and understandings of the Parties are superseded by this Agreement, which contains the full understanding of the Parties concerning its subject matter.
This Agreement may not be supplemented, modified, or amended except by a written agreement signed by all Parties.
The Parties hereby agree to the terms and conditions outlined in this Agreement and such is demonstrated throughout by their signatures below:
HVAC Provider:
Name: _____________________________
Signature: ___________________
Date: ___________________
Client:
Name: _____________________________
Signature: ___________________
Date: ___________________