This HVAC Maintenance Contract (hereby referred to as “Contract”) is made and entered into on Effective Date (hereinafter referred to as “Effective Date”),
By and Between
Client Company (hereby referred to as “Client”), with its registered office at Client Address, and;
Sender Company (hereby referred to as “Contractor”), with its registered office at Sender Company 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:
The Contractor hereby agrees to perform the following heating, ventilation, and air conditioning services (hereinafter referred to as “Services”) for the Client's HVAC system: (a) Clean or replace the HVAC system’s air filters; (b) Clear clogs and clean drain lines to ensure proper flow; (c) Clean evaporator coils and condensers; (d) Replace worn pulleys and belts; (e) Replace all filters; (f) Check the refrigerant charge and any possible leaks; (g) Inspect ducts for dust, mold, or debris; (h) Other HVAC Services.
In consideration of the Services provided by the Contractor, the Client shall pay the sum of Total Amount to the Contractor (hereinafter referred to as “Total Payment”). A refundable deposit of Refundable Deposit shall be paid by the Client to the Contractor upon the signing of this Contract. The Contractor shall provide the Client a Invoice Schedule invoice starting on the Effective Date. The Client shall make the payment to the Contractor within Payment Deadline in Days day(s) from the date of invoice. In case the payments are not made in time, the Contractor may charge a late fee of Late Payment Fee_Penalty.
This Contract shall commence on the Effective Date and terminate on Termination Date.
(a) Daily
(i) Check for any reported complaints and troubleshoot them immediately. (ii) Monitor AC systems of the critical facilities continuously and take action to repair them immediately. (iii) General inspection of the AC system and rectification if any abnormality exists. (iv) Other Daily Services.
(b) Monthly
(i) Clean condenser and evaporator coils.
(ii) Check and change the HVAC system's air filters.
(iii) Other Monthly Services.
(c) Quarterly
(i) Inspect the connection for any water leaks in the coil and connection.
(ii) Check and clean the drain pan, condensate drain pipe, and floor drains to ensure no choking and flooding.
(iii) Check all types of air filters.
(iv) Check heater bank condition and repair it if any problem exists.
(v) Inspect the condition of insulation materials and correct them if required.
(vi) Other Quarterly Services.
(d) Yearly
(i) Check all motor amperage draws.
(ii) Connect gauges and check operating pressures.
(iii) Other Yearly Services.
The Client accepts responsibility for providing the Contractor with sufficient access to the premises where Services are being performed on the scheduled date of work.
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.
The Contractor accepts responsibility for keeping the premises clean and orderly and for removing all debris from the premises as needed during work hours.
The Client shall allow the Contractor to use the premises' water and power, at no cost, to render the Services and execute the work.
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.
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.
Either Party may terminate this Contract if any Party fails to perform any of its obligations under this Contract. If such failure is not cured within Number of days to remedy breach day(s) (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 them in law.
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. Such information shall be held by them in strict confidence. This provision shall continue to be effective after the termination of this Contract.
In no event shall either Party be liable to the other Party or any third party for any damages or 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.
The Contractor agrees to defend, indemnify, and hold the Client harmless from and against all claims, liabilities, losses, deaths, injuries, damages, costs, and expenses suffered or incurred by the Contractor arising from the Contractor's negligence in the performance of the Contract.
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 arbitrator(s), who shall be appointed by Arbitration Appointing Party Name. The venue of arbitration shall be Location of Arbitration, and the Seat shall be State of Seat. The arbitrators' decision shall be final and binding on both Parties.
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.
In the event that 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.
This Contract shall be governed by and construed in accordance with the laws of the Governing Law 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 Jurisdiction, 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.
The Parties acknowledge that this Contract sets forth and represents the entire contract between them. If the Parties are willing to change/add/modify any terms, they shall be in writing and signed by both Parties.
Any notice required by this Contract shall be in writing and given to the appropriate Party by personal delivery, certified mail, prepaid postage, or any such agreed-upon delivery service.
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.
The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
Client Company
Sender Company
Name:
Name:
Signature:
Signature:
Date:
Date: