An HVAC Maintenance Agreement is an excellent way for homeowners to protect their investment in their home’s heating, ventilation and air conditioning (HVAC) system. Regular maintenance helps prolong the system’s life and reduce costly repairs down the road. The PandaDoc HVAC Maintenance Agreement Template includes all the essential elements necessary to create a legally binding contract between the homeowner and their chosen service provider.
This HVAC Maintenance Agreement ("Agreement") is entered into as of [Document.CreatedDate] by and between [Contractor.FirstName] [Contractor.LastName] (the "Contractor") and [Customer.FirstName] [Customer.LastName] (the "Customer"), referred to herein collectively as the "Parties."
1.1 This Agreement aims to set forth the terms and conditions by which the Contractor will provide HVAC maintenance and repair services at the Customer's location as specified herein.
HVAC maintenance agreements ensure that all necessary services are covered when an HVAC system runs smoothly. The Description of Services section will help the Customer understand the advantages of entering into a maintenance agreement instead of dealing with individual repair issues on an as-needed basis.
2.1 The Contractor agrees to furnish all labor, parts and supplies necessary to maintain the HVAC system located at (insert location of Customer's HVAC system).
2.2 The Contractor shall inspect, test, clean, adjust, repair and replace all parts to ensure that the HVAC equipment operates efficiently.
2.3 The Contractor shall also provide preventive maintenance services such as, but not limited to, cleaning of coils, replacing filters and lubricating motors and belts.
2.4 The Contractor shall provide the Customer with a written report after each visit that includes all services performed, replaced parts and any further maintenance recommendations.
HVAC systems should be inspected and serviced at least once a year. To ensure the best performance, however, some units may require additional Services sooner than one-year intervals. It’s vital to include the frequency in this section so that the Customer knows precisely when to expect a visit from the Contractor.
3.1 The Contractor shall perform all maintenance services on a (state the basis) basis.
3.2 If the system requires more frequent maintenance due to the environment or other factors, the Contractor and Customer shall agree on a schedule.
3.3 All cancelations or requests for service outside of the agreed-upon schedule must be made (state the timeframe) in advance and will incur an additional fee.
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4.1 The Customer shall pay the Contractor a (state the basis) fee of (state the amount) in exchange for the services described herein.
4.2 Payment shall be made in full by the Customer by (state the basis).
4.3 If payment is not received within (state the time frame) of its due date, a late fee of (state the amount) shall be assessed to the Customer's account and must be paid before services can resume.
5.1.1 The Contractor warrants that all parts and labor used in servicing the HVAC system shall be free from material and craft defects for this Agreement's duration.
5.1.2 If a defect is discovered during the term of this Agreement, the Contractor shall repair or replace, at its discretion, any part deemed to be defective.
You should always include a liability clause in your HVAC maintenance agreement. If you don’t, you may be held liable for any damages that may occur related to the HVAC system.
5.2.1 The Contractor shall not be liable for any damages caused directly or indirectly by the HVAC system, including but not limited to property damage, personal injury, or death.
5.2.2 The Contractor shall not be liable for any losses or damages caused by circumstances beyond its control, such as natural disasters, fire, flood, etc.
5.3.1 In disagreements between both parties, they must attempt to reach a mutual understanding and resolve any issues peacefully.
5.3.2 If the dispute escalates, it shall be under (state what the Agreement shall be construed and governed by).
5.4.1 If any provision in this Agreement is invalid or unenforceable, it shall not affect the validity of any other provisions contained herein.
5.4.2 The Parties agree that such provision should be treated as if it had never been included, and the remaining terms of this Agreement shall remain fully enforceable and binding on both parties.
5.4.3 The Parties further agree to negotiate in good faith to replace any invalid or unenforceable terms with mutually acceptable and enforceable terms.
5.4.4 If the Parties cannot agree on a replacement, then the Agreement shall remain in effect without such provision.
5.5.1 Each of the Parties shall keep confidential any information obtained in connection with this Agreement and shall not disclose it to any third party without prior written approval from the other Party.
5.5.2 Confidential information includes, but is not limited to, trade secrets, pricing information and customer data.
5.6.1 This Agreement can only be amended in writing, signed by both parties.
5.6.2 All amendments and changes to this Agreement must be specified and agreed upon by both parties, and all modifications shall be deemed as part of the original Agreement.
5.6.3 The Parties agree that any modification or amendment to this Agreement shall not become effective until a formal written document is prepared, executed and delivered to the other Party.
5.6.4 Any amendment or modification of this Agreement shall be subject to all the terms and conditions contained in this Agreement as if fully set forth herein.
5.6.5 Both Parties agree that the written document accurately records the modifications and amendments agreed upon by both parties.
5.6.6 If there is a conflict between this Agreement and any modification, the terms of this Agreement shall prevail.
5.7.1 This Agreement shall be governed and construed by (state what the Agreement shall be construed and governed by).
5.7.2 The Parties agree to submit to (state what the Agreement shall be construed and governed by) for any action or proceeding arising under this Agreement.
Termination clauses, also known as cancelation clauses, outline the circumstances under which either Party can terminate the Agreement. Include details about how and when a cancellation notice must be delivered. This way, both parties know there’s a specific process to ending the Agreement.
5.8.1 This Agreement may be terminated at any time and without cause, on written notification of either Party to the other. In the event of termination, all payments due under this Agreement shall become immediately due and payable.
5.8.2 This Agreement will commence on (state the date) and remain in effect for a period (state the period) unless terminated earlier under the provisions herein.
5.8.3 Either party may terminate this Agreement upon (state the timeframe) prior written notice to the other Party.
5.8.4 Upon termination, all outstanding payments due and payable under this Agreement shall be paid in full within (state the timeframe) of termination.
The Parties acknowledge that they have read and understood this Agreement, agreeing to its terms as of [Document.CreatedDate] :