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HVAC Maintenance
Contract
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Prepared for:
[Client Company]

Prepared by:
[Sender Company]

HVAC Maintenance Contract

This HVAC Maintenance Contract (hereby referred to as the “Contract”) is made and entered into on [Date] (hereinafter referred to as the "Effective Date"),

By and Between

[Client Company] (hereby referred to as the “Client”), with its registered office at [Address]; and

[Sender Company] (hereby referred to as the “Contractor”), with its registered office at [Address].

The Client and the Contractor shall be collectively referred to as “Parties” and individually as “Party”.

WHEREAS the Client wishes to engage the Contractor for repairs or service to their HVAC system as described in this Contract and the Contractor agrees to provide such services.

NOW, THEREFORE, in consideration of the mutual covenants and commitments contained herein, as well as other goods and valuable consideration (the receipt and sufficiency of which are to be acknowledged), the Parties do hereby agree as follows.
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Terms and Conditions

1. Services

The Contractor hereby agrees to perform the following heating, ventilation, and air conditioning services (hereinafter referred to as the "Services") for the Client's HVAC's system:
  1. Clean or replace the HVAC's system air filters;
  1. Clear clogs and clean drain lines to ensure proper flow;
  1. Clean evaporator coils and condensers;
  1. Replace worn pulleys and belts;
  1. Replace all filters;
  1. Check the refrigerant charge and for any possible leaks;
  1. Inspect ducts for dust, mold, or debris;
  1. [Add Services].

2. Payment

In consideration of the Services provided by the Contractor, the Client shall pay the sum of $[0.00] to the Contractor (hereinafter referred to as the "Total Payment"). A refundable deposit of $[0.00] shall be paid by the Client to the Contractor upon the signing of this Contract. The Contractor shall provide a [daily/weekly/monthly] invoice to the Client starting on the Effective Date. The Client shall make the payment to the Contractor within [number of days] days from the date of invoice. In case, the payments are not made in time, the Contractor may charge a late fee of $[0.00].

3. Term

This Contract shall commence on the Effective Date and shall terminate on [End Date]. Time shall be of the essence of this Contract.

4. Maintenance and Inspection Schedules

  1. Daily
  1. Check for any complaints that are reported and troubleshoot them immediately.
  1. Monitor AC systems of the critical facilities continuously and take action to repair them immediately.
  1. General inspection of the AC system and rectification if any abnormality exists.
  1. [Add more service]
  1. Monthly
  1. Clean condenser and evaporator coils.
  1. Check and change the HVAC system's air filters.
  1. [Add more service]
  1. Quarterly
  1. Inspect connection for any water leaks in the coil and connection.
  1. Check and clean drain pan, condensate drain pipe, and floor drains to ensure no choking and flooding.
  1. Check all types of air filters.
  1. Check heater bank condition and repair it if any problem exists.
  1. Inspect the condition of insulation materials and correct if required.
  1. [Add more service]
  1. Yearly
  1. Check all motor amperage draws.
  1. Connect gauges and check operating pressures.
  1. [Add more service]

5. Access to Client's Premises

The Client accepts to provide the Contractor with sufficient access to the premises where Services are being performed on the date that work is scheduled.

6. Inspection

The Client reserves the right to inspect all work performed under this Contract. If the work performed by the Contractor is not in accordance with this Contract or does not match the Client's expectations, the Client may notify the Contractor in writing. At that time, the Contractor shall promptly correct such work within a reasonable time.

7. Condition of Premises

The Contractor accepts to keep the premises clean and orderly and to remove all debris from the premises as needed during the work hours.

8. Use of Utilities

The Client shall allow the Contractor to use water and power of the premises, at no cost, to render the Services and execute the work.

9. Insurance

During the term of this Contract, the Contractor shall obtain and maintain all applicable insurance as required by any applicable law to cover its employees, property damage, or any third-party bodily injury arising from or in any way related to the Services or the site where the work is being performed. The Contractor's lack of insurance coverage shall limit any liability under this Contract.

10. Relationship of Parties

The Client is hiring the Contractor as an Independent Contractor under the scope of this Contract. The Client and the Contractor shall not establish any partnership or employer-employee relationship.

11. Termination

Either Party may terminate this Contract if any Party fails to perform any of its obligations under this Contract, and if such failure is not cured within [number of days] days (unless extended by the Party) after written notice to the Party at fault, the Parties shall be entitled to seek and obtain all remedies available to it in law.

12. Confidentiality

During the term, the Contractor shall not disclose any confidential information of the Client that is communicated to the Contractor in connection with the above-mentioned Services and such information shall be held by them in strict confidence. This provision shall continue to be effective after the termination of this Contract.

13. Limitation of Liability

In no event shall either Party be liable to the other party or any third party for any damages or any special, indirect, or consequential damages, that might result from any part of this Contract such as, but not limited to, loss of profit, revenue, or failure in the delivery of Services.

14. Indemnification

The Contractor agrees to defend, indemnify and hold the Client harmless from and against all claims, liabilities, losses, deaths, injury, damages, costs, and expenses, suffered or incurred by the Contractor arising from the Contractors' negligence in the performance of the Contract.

15. Arbitration

In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by Arbitration. There shall be [Number of Arbitrators] Arbitrators which shall be appointed by [Party Name]. The venue of Arbitration shall be [Venue/Location of Arbitration] and the seat shall be [State]. The Arbitrators' decision shall be final and will be binding on both the Parties.

16. Miscellaneous

  1. Assignability: Neither party may assign this Contract or the rights and obligations thereunder to any third party without the prior express written consent of the other Party which shall not be unreasonably withheld.
  1. Severability: In the event, any provision of this Contract is deemed to be invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Contract and all other provisions shall remain in full force and effect as valid and enforceable.
  1. Governing Law: This Contract shall be governed by and construed in accordance with the laws of the [State] without regard to conflict of law principles. If the disputes under this Contract are not resolved by Arbitration, the disputes shall be resolved by litigation in the courts of the [State/Court/Region] including the federal courts therein and all the Parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
  1. Entire Agreement: The Parties acknowledge that this Contract sets forth and represents the entire Contract between both the Parties. If the Parties are willing to change/add/modify any terms, they shall be in writing and signed by both Parties.
  1. Notice: Any notice that is required by this Contract shall be in writing and shall be given to the appropriate party by personal delivery or certified mail, postage prepaid, or any such delivery service provided.
  1. Force Majeure: Neither of the Parties shall be liable for any failure in performance of any obligation under this Contract due to causes beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act, or order of public authority and other acts of God) during the pendency of such event.
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Acceptance and Signature

The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
[Client Company]

[Sender Company]
Signature
Assign signer 1
Name
Assign signer 1
Date
Assign signer 1
Signature
Assign signer 2
Name
Assign signer 2
Date
Assign signer 2
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THANK YOU

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DISCLAIMER: The content provided herein is for general information purposes only, and shall not constitute legal advice. Revv and its partners make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information mentioned hereunder. The use or reliance of any information contained herein is solely at your own risk. You are advised to obtain independent legal advice before taking or refraining from any action on the basis of the content provided here.

What is an HVAC maintenance contract?

A commercial HVAC maintenance contract is a legally binding agreement between HVAC service providers and their customers. This contract binds both parties to carry out their duties and responsibilities. The contract drafted by HVAC companies includes services such as oversight, parts replacement, maintenance schedule, and service-call priority to the client.

HVAC maintenance contracts are also known as:

  1. HVAC Service Contract
  2. HVAC Repair Contract
  3. Heating Ventilation and Air Conditioning Contract

Types of HVAC maintenance contracts

  1. Full-Service Contract: It is the most expensive type of contract. It covers parts,labor, preventive maintenance, emergency service, and replacement equipment under the same pricing.
  2. Labor-Only Contract: It includes the labor or service technicians required for repairs, replacements, and maintenance, but does not cover parts for replacement.
  3. Preventive Maintenance Contract: It mainly includes the periodic inspection of the HVAC system. It includes light repair work and may or may not include equipment replacement. Biannual and quarterly visits are preferred by HVAC business owners for such contracts.

What's included in an HVAC maintenance checklist?

Keeping an HVAC maintenance checklist will help HVAC businesses to easily conduct inspections and maintenance of HVAC systems. It will assist them in identifying the signs of HVAC failure easily, address potential problems, and make sure that HVAC systems are in top shape.
Maintenance checklist for air conditioning system

  1. Replace condenser and evaporator coils
  2. Change air filters
  3. Clean drain lines to ensure proper flow
  4. Check refrigerant charge and for any possible leaks
  5. Inspect ducts for mold, dust, and debris
  6. Test compressors, start capacitors, and relays
  7. Check fan motor
  8. Check blowers and blades for proper airflow
  9. Check for debris around the outside unit
  10. Lubricate moving parts
  11. Maintenance check of heating system
  12. Replace filters on heating equipment
  13. Examine ignition burner assembly
  14. Inspect heat exchanger or heating elements
  15. Inspect for gas leaks with gas furnaces
  16. Check gas pressure
  17. Clean the blower fan and air handler
  18. Check thermostats and controls
  19. Lubricate all moving parts such as bearings and motors
  20. Replace belts and pulleys
  21. Clear drain lines and pans of standing water to prevent overflows
  22. Check the heat pump
  23. Check the warranty of major parts

Key things to remember in an HVAC maintenance contract?

Drafting an HVAC maintenance contract is a time-consuming and tedious task. It involves a lot of details that may overwhelm HVAC contractors or service providers. They may not be able to put together an effective HVAC maintenance contract that explains its terms and conditions clearly.

If an HVAC contractor is considering drafting an HVAC maintenance contract, he or she might wonder what specific details need to be included in the contract. A good HVAC maintenance contract should always contain a few key things to ensure that both you and your client are protected.

  1. The contract should state how long the company is looking to hire HVAC contractors or service providers for their services. Generally, companies hire HVAC contractors at least for one year.
  2. The contract must mention all equipment that requires maintenance, along with its brand, model, age, serial numbers, and locations. It should also specify the warranty provided on replacement equipment.
  3. Maintenance services required by the company should be clearly specified in the contract.
  4. The contract should specify how often inspections or service calls will be done, i.e., the frequencies with which the company requires your routine maintenance service (weekly, monthly, or yearly maintenance).
  5. It should also mention the business hours when the inspection or maintenance services can take place.
  6. The contract should detail the pricing of the replacement equipment and how much you will charge the client for the services offered.
  7. Whether an HVAC service provider opts to receive the payment at every visit or bills its clients quarterly or annually, the HVAC service contract should stipulate the payment options.
  8. The contract should explicitly mention the permission to the service technicians of HVAC companies to access the HVAC business owner's property.

Revv’s ready-to-use HVAC maintenance contract template

It’s important for HVAC businesses to have an HVAC maintenance contract when going to make business deals with the clients. Not only it gives clients peace of mind, but also leads to revenue from seasonal maintenance visits through the sales of replacement equipment.

The HVAC maintenance contract template offered by Revv can be customized easily as per your requirements. This standard HVAC maintenance contract template will ensure you are protected and get paid timely. The eSign feature contained in this service contract template will enable the client to accept and sign the contract instantly.

Use Revv’s ready-made HVAC maintenance contract sample to create your contract now and get it signed!