Service Agreement (HVAC Contractor)

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This HVAC Contractor Agreement is between a homeowner and a contractor who will perform heating, venting or air conditioning services. This agreement sets out the specific terms and can be used for either residential or commercial properties.

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This HVAC Contractor Agreement is between a client and a contractor who will perform heating, venting or air conditioning services on residential or commercial property. This agreement sets out the details of the arrangement including the location, the days and hours the work can be performed and the quality of the workmanship. It also sets out how much the HVAC contractor will be paid and the scope of the work to be performed. It is imperative that this type of service agreement be set out in writing rather than by oral communication. A written HVAC Contractor Agreement will prove valuable if there is miscommunication as to the scope and timeframe of the project.

This HVAC Contractor Agreement contains the following provisions:
  • Parties: Sets forth the name and address of the property owner and the HVAC contractor;
  • Scope of Work: Schedule 2 to this agreement sets out the scope of the work the HVAC contractor is to perform;
  • Quality: Sets out that contractor shall use trained and experienced workmen and that all work shall be performed according to industry standards;
  • Payment/Other Expenses: Sets out how much and when the contractor will be paid and if any expenses will be paid by the homeowner;
  • Insurance: Sets forth the insurance requirements of both property owner and the HVAC contractor;
  • Term/Termination: Sets out the commencement date and options if either party desires to terminate the agreement;
  • Dispute Resolution: Disputes will be settled according to the rules of the American Arbitration Association;
  • Signature: The property owner and contractor must sign the agreement.

Protect yourself, your rights and your property by purchasing this attorney-prepared form.

This attorney-prepared package includes:
  1. General Information
  2. Instructions and Checklist
  3. Step-by-Step Instructions
  4. HVAC Contractor Agreement
State Law Compliance: This form complies with the laws of all states
Number of Pages14
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43449
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












HVAC Contractor Agreement












This Packet Includes:
1.  General Information
2.  Instructions and Checklist
3.  Step-by-Step Instructions
4.  HVAC Contractor Agreement











General Information
HVAC Contractor Agreement

This HVAC Contractor Agreement is between an Owner and a Contractor who is hired to perform heating, venting and air conditioning (HVAC) services.  It is imperative that this agreement be set out in writing and clearly specifies the services the Contractor will perform (i.e., air conditioner replacement or repair or heater/furnace replacement or repair).  This agreement sets out the specific terms of the arrangement including the scope of the work, the hours the Contractor may work and how and when the Contractor will be paid.

It is important that this type of services agreement be in writing rather than via oral agreement.  A written HVAC Contractor Agreement will prove helpful in the event there are disagreements or misunderstandings regarding the scope and services the HVAC Contractor will provide.


  



Instructions and Checklist


HVAC Contractor Agreement

   Both parties should read the agreement carefully.

   Insert all requested information in the spaces provided on the form.

     This form contains the basic terms and language that should be included in similar agreements.  

     This form includes exhibits that should be attached and incorporated as part of this agreement.  

   This agreement includes an arbitration provision.  If you prefer to settle any disputes through the court system, simply remove this language from the Dispute Resolution and Arbitration” provision and replace with applicable language.  
     Both the Owner and Contractor must sign the Agreement.

   Both parties should retain either an original or copy of the signed agreement.

   All legal documents should be kept in a safe location such as a fireproof safe or safe deposit box.  



   








Step-by-Step Instructions


HVAC Contractor Agreement

The following instructions will walk you through each provision to help you fully understand the terms of your agreement.  The numbers below correspond with the respective provision within the Agreement.

Heading: Fill in the date the Agreement is entered into and the name of both Owner and Contractor.

Section 1: Scope of Work: Describe in detail the HVAC services the Contractor will provide and the specific hours in which the Contractor may work.

Section 2: Quality. Specify the quality of the HVAC work and Contractor will guarantee that all materials and work are done in a workmanlike manner and according to industry standards.  Contractor also agrees to use experienced HVAC technicians.

Section 3: Payment. Specify the exact amount of any advance payment to the Contractor and when other payments will be made.  

Section 4: Insurance. Specify the type of insurance that both Owner and Contractor must carry.  

Section 5:  Warranty and Indemnity.  Contractor warrants all materials and workmanship for a period of five years and any defects will be cured at no cost to the Owner.  If this is not the case, specify otherwise.

Section 6: Term and Termination.  Fill in the term of the agreement and options for termination and the effects if the agreement is terminated.



Section 7:  Expenses. Contractor agrees to bear all reasonable out-of-pocket expenses and costs.  If this is not the case, specify otherwise.

Section 8: Assignment. The Contractor may not assign any of its duties under this services contract to another party without the prior written consent of the Owner.

Section 9: Miscellaneous. Specific provisions related to waiver, notices, governing law, agreement content, severability and counterparts.  If these provisions are subject to change, specify the particulars.



Section 10: Dispute Resolution and Arbitration.  The parties agree to settle any disputes by arbitration according to the rules of the American Arbitration Association.  If the parties desire to settle disputes through the court system, specify the particulars in writing.    

Signature Blocks.  Both Owner and Contractor must sign this agreement.

Schedule 1/Equipment.  Set out a detailed description of the equipment the parties will provide for the project.

Schedule 2/Scope of Work.  Set out a detailed description of the specific HVAC work to be performed under this agreement.












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HVAC CONTRACTOR AGREEMENT

THIS HVAC CONTRACTOR AGREEMENT (the "Agreement") is made as of this [date] day of [month], 2011 (the "Agreement Date") by and among

[name], of [address] (the "Owner"), and

[name], a [address] corporation (the "Contractor")

RECITALS
 
WHEREAS, Owner is the lawful owner of the equipment, whose description is stated in Schedule 1-Equipment; and

WHEREAS, Owner desires certain maintenance work to be carried out for the equipment as per the “Scope of Work specified in Schedule 2 and Contractor has agreed to perform such work for the equipment, on the terms and conditions mentioned herein below. 

Now, therefore, the Parties agree as follows:

1.   SCOPE OF WORK

1.1   Contractor will perform the work as per specifications mention in Schedule 2-Scope of Work.

1.2   Contractor will provide the service during normal business hours Monday thru Friday ___ am to ___ pm.

1.3   This contract does not cover losses, damages due to external causes not limited to unauthorized service rendered by other than Contractor, power loss/interruption, plumbing, water, foliage, acts of God or any other situation out of the Contractors control.

1.4   This agreement is a maintenance service contract for the purpose of making only normal adjustments to the equipment. A seasonal start up and shut down with maintenance inspection including filter changes will be performed as needed. Filters for equipment shall be supplied by the Owner.

1.5   Efficiency Test. Contractor will, at Owners request, option and expense, perform a yearly efficiency test. The test will be performed after any repairs or adjustments have been completed pursuant to this contract. Upon completion of the test, Contractor will provide Owner with a form listing the values for carbon monoxide, carbon dioxide or oxygen content, the net stack temperature, and the smoke level, as appropriate, and the steady-state efficiency (expressed in a percentage) determined there from.

1.6   Repair Parts. Parts will be supplied at no cost under the manufacturers warranty as long as the manufacturers warranty is in effect. If the cost of repair is more than the cost of a new appliance, repair will not be performed under this Agreement.

1.7   Exclusions. Items not covered under the Scope of Work are:

a.   Plumbing, leaking or damage to valves, Copper piping, pans, sheetrock, flooring, walls, furniture, landscaping, household furnishings, etc.;
b.   Light Bulbs, timers, programmable thermostats, pumps, sensors, transmitters or receivers.
c.   Central Air Conditioning/Heating/Appliances: (i) sealed system parts (compressor, evaporator, condenser, and piping) beyond the original manufacturers warranty; (ii) defrost boards, electric heaters, logic boards, circuit boards, expansion valves, air cleaning devices condensation pumps, humidifiers/dehumidifiers change over valves, zone valves, damper motors and controllers; (iii) Freon; (iv) metal cabinets, burners, gas or oil heat equipment or components and finishes; and (v) internal heaters, hinges, contactors, motors, capacitors, switches, economizers, relays, thermostats, batteries, wiring, glass shelving, pads, duct work, rewiring due to shortages or sabotage by others.
d.   Electrical Burglar alarms, panels, inadequate service, underground wiring, circuit breakers, disconnects, lighting fixtures, outside panels, attic & ceiling fans, switches & outlets, shorts, wall outlets & lighting.
e.   Gas or water leaks or repair thereof, insulation and duct work, electrical service and control wiring failure, failures from inadequate power, plumbing and or leaks, scaling, corrosion, leakage or contamination of coils, condenser, evaporator or, refrigeration lines, recording or instrument lines, cabinet or condensate pans & lines, moving or relocating equipment, heating controls or burners.
f.   This contract does not cover preexisting conditions.

2.   QUALITY 

2.1   Contractor shall use trained and experienced workmen having all necessary skills needed to satisfactorily complete the work. Contractor shall finish the work on schedule.

2.2   Contractor shall guarantee all material to be as specified.

2.3   Contractor shall perform the work in a workmanlike manner according to industry standard practices. Any deviation from agreed specifications, involving extra costs, will be executed only after written confirmation of Owner is obtained in advance.

3.   PAYMENT

3.1   Owner shall pay an advance payment of $ ____ to Contractor ___ weeks prior to the commencement of the work. Another payment of $ ___ will be paid, upon completion of 50% of the work. The balance of $___ will be paid upon full and satisfactory completion of the work.

3.2   Any pre-approved additional cost will be paid as per agreement between the Parties.

4.   INSURANCE

4.1   Prior to the execution of any work, Contractor will obtain General Liability Insurance and Workers Compensation Insurance and will provide Certificates of Insurance to Owner, with Owner named as Certificate Holder.

5.   WARRANTY & INDEMNITY

5.1   Contractor warrants the quality of all materials and workmanship for a period of five years. Any defects in the materials or workmanship will be repaired or replaced at no cost to Owner.

5.2   Contractor shall defend, indemnify and hold harmless Owner against all claims, liabilities, expenses, costs, loss or damage of whatsoever nature (including legal costs on a full indemnity basis incurred by Owner) brought against, suffered or incurred by Owner, and defend any suit brought against Owner, arising out of or in connection with this Agreement, including without prejudice to the generality of the foregoing:
   
a.   Any breach of the terms and conditions of this Agreement by the Contractor;
b.   Any act, omission, fraud and negligence or default whatsoever of sub-contractors, employees or agents employed by Contractor to perform its obligations hereunder;
c.   Any wrongful, incorrect, dishonest, criminal, fraudulent or negligent work, misfeasance, bad faith, disregard of its duties and obligations hereunder, service, act or omission of /by Contractor or any of its personnel.

6.   TERM & TERMINATION

6.1   Term. This Agreement shall commence from the Commencement Date specified in Schedule 1, and continue for a period of ___ years, unless terminated earlier by the Owner.

6.2   Termination. Owner shall have the option to terminate this Agreement, 

a.   in the event that the Contractor fails to complete any part of the work on the deadlines agreed with Owner, and as agreed in Schedule 1;
b.   in the event that the Contractor is in material breach of any of its covenants under this Agreement and where capable of remedy, fails to remedy such breach within fifteen (15) days of being notified by Owner to remedy the breach.

6.3   Without prejudice to any other rights or remedies it may have, Owner shall have the right at any time to terminate the Agreement forthwith by serving a written notice of termination on  Contractor:

a.   Contractor becomes insolvent or ceases to trade or enters into any composition with its creditors; or
b.   A bankruptcy order is made against Contractor; or
c.   A Receiver or an Administrative Receiver is appointed in respect of any of Contractor 's assets; or
d.   An order to wind up Contractors business is made or a Liquidator is appointed in respect of Contractor (otherwise than for the purposes of reconstruction or amalgamation).
e.   If Contractor is prevented from providing the services by any court, other judicial, quasi-judicial, governmental orders, for any reasons attributable to Contractor.

6.4   Effect of Termination. Notwithstanding any other rights and remedies provided elsewhere in the Agreement, on termination of this Agreement with effect from the effective date of termination and thereafter:

a.   Neither Party will represent the other Party in any of its dealings.
b.   The expiration or termination of this Agreement for any reason whatsoever shall not affect any obligation of either Party having accrued under the Agreement prior to the expiration or termination of this Agreement and such expiration or termination shall be without prejudice to any liabilities of either Party to the other Party existing at the date of expiration or termination of this Agreement.

7.   EXPENSES

7.1   Contractor agrees to bear all reasonable out-of-pocket expenses and costs (including reasonable attorney and other professional fees and expenses) incurred in connection with the transactions contemplated by Agreement.
 
8.    ASSIGNMENT

8.1   This Agreement may not be assigned by Contractor without the prior written consent of the Owner. Subject to the foregoing, all of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the successors and assigns of the parties. Any attempted assignment of this Agreement by the Contractor in violation of this section shall be null and void.

9.   MISCELLANEOUS  

9.1   Waiver. Any term or provision of this Agreement may be waived at any time by the party entitled to the benefit thereof by a written instrument executed by such party.
 
9.2    Notices. Any notice, request, demand, waiver, consent, approval or other communication which is required or permitted hereunder shall be in writing and shall be deemed given only if delivered personally (to the attention of the person identified) to the address of such person maintained on the book and records of the party sending the notice, or sent by telecopy, telegram or by certified mail, postage prepaid, or to such other address as the addressee may have specified in a notice duly given to the sender as provided herein. Such notice, request, demand, waiver, consent, approval or other communication will be deemed to have been given as of the date so delivered or telegraphed or, if mailed, three business days after the date so mailed.
 
9.3    Governing Law. This Agreement shall be governed by, and interpreted and enforced in accordance with, the substantive laws of the State of _________.

9.4   No Benefit to Others. The representations, warranties, covenants and agreements contained in this Agreement are for the sole benefit of the parties hereto and their executors, legal representatives, successors and assigns, and they shall not be construed as conferring and are not intended to confer any rights on any other persons.

9.5   Contents of Agreement. This Agreement together with any documents referred to herein set forth the entire agreement of the parties hereto and supersede any prior agreement or understanding of the parties with respect to the transactions contemplated hereby. This Agreement may not be amended except by an instrument in writing signed by each of the parties hereto, and no claimed amendment, modification, termination or waiver shall be binding unless in writing and signed by the party against whom or which such claimed amendment, modification, termination or waiver is sought to be enforced.

9.6   Severability. Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

9.7   Counterparts. This Agreement may be executed in any number of counterparts, which when taken together, shall constitute but one and the same instrument. Any and all counterparts may be executed by facsimile.

10.   DISPUTE RESOLUTION AND ARBITRATION

10.1   The Parties agree to negotiate in good faith to resolve any dispute between them arising out of, under or in connection with this Agreement. In the event the negotiations do not resolve the dispute to the reasonable satisfaction of the Parties, then each Party shall nominate a person of respectable professional standing and unimpeachable conduct as its representative.  These representatives shall, within thirty (30) days of a written request by any Party to call such a meeting, meet in person and shall attempt in good faith to resolve the dispute.
10.2   Upon the Parties being unable to appoint the representatives as aforesaid, or if the disputes cannot be resolved by such representatives in such meeting as aforesaid, then in such an event, the disputes or differences shall be submitted to final and binding arbitration at the request of either Party upon written notice to that effect to the other Party. In the event of such arbitration:

a.   Such arbitration shall be in accordance with the rules of American Arbitration Association (or any amendment thereof) (which are deemed to be incorporated in this Agreement by reference). All proceedings of such arbitration shall be in the English language.  The venue of arbitration shall be ______________.
b.   The arbitration panel shall consist of three arbitrators, one arbitrator to be appointed by each of the Parties and the third arbitrator to be appointed by two arbitrators so appointed.
c.   Arbitration awards rendered shall be final and binding and.  The losing Party, as determined by arbitrators, shall pay all reasonable out-of-pocket expenses (including, without limitation, reasonable attorneys fees) incurred by the prevailing Party, as determined by the arbitrators, in connection with any dispute unless the arbitrators direct otherwise.
d.   Nothing shall preclude a Party from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy for actual monetary damages through the arbitration described in this Section.

IN WITNESS WHEREOF, each Party hereto has signed, or caused to be signed by its officer thereunto duly authorized, this Agreement as of the date first above written.

Owner
               
Name:                            
Title:               

Contractor
               
Name:               
Title:               
SCHEDULE 1
EQUIPMENT


SCHEDULE 2
SCOPE OF WORK





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