HVAC Service Agreement
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This HVAC service agreement template is a customizable legal document that defines terms and conditions for the provision of heat, ventilation, and air conditioning services for homeowners and property managers across the U.S.
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What is an HVAC service agreement?
An HVAC service agreement is a legally binding contract between a professional contractor and a client that establishes the terms under which professional heating, ventilation, and air-conditioning services will be provided. This template is aimed at outlining the scope of work, schedule of provided services, fees involved, warranty and guarantees, provision of emergency services, and much more.
This template could be used as both a residential and commercial HVAC service agreement for different types of real estate, including houses, apartments, offices, warehouses, restaurants, etc.
The parties involved in an HVAC service agreement are a contractor and a client. A contractor is always a person that provides HVAC services in exchange for remuneration. Before hiring a contractor, always make sure they possess the necessary license according to your state regulation. Do not hesitate to check feedback from previous customers before signing a contract. A client is usually a homeowner or a property management company that needs certain installation, maintenance, or repair HVAC services.
What does this HVAC service agreement template include?
HVAC service agreements are complex legal documents that normally cover lots of important details of cooperation. To make it easier for you, we made a short summary of key elements every HVAC service agreement template must have.
Details of the Parties
A good HVAC maintenance agreement example must reflect full identification details of the parties involved. Those details include full names, business addresses, and contact emails.
Each party must sign and date this agreement to make it a legally binding contract.
Scope of HVAC Services
The key pillar for every HVAC service agreement is a detailed scope of provided services. The parties to a contract shall also define if a contractor can use third parties as subcontractors for the performance of all or part of the requested services.
Another important element parties have to discuss in the text of a document is who shall be responsible for the provision of all required materials and equipment. In particular, parties shall discuss:
- Provision of Equipment. If a client is solely responsible for the provision of necessary equipment, then an HVAC service agreement must reflect the list of all required equipment. This is not the case, however, if equipment should be provided in full by a contractor.
- Provision of Materials. In most of the cases a client should be solely responsible for the provision of all required materials. If this shall be a contractor’s duty, the text of a document should limit a contractor’s right to replace agreed materials only upon a client’s mutual consent.
- Price of Materials. If, by virtue of an HVAC services agreement contract template, a contractor must provide all the materials, the contract shall define if the price of such materials should be covered by a client or not.
Duration and Termination
Every HVAC contractor service agreement outlines the exact period of time within which services should be provided. Parties could agree on a specific deadline or schedule.
As a general rule, either party should be able to end the contract at any time with or without cause. Therefore, the text of a contract shall reflect the exact notice period for termination. Usually this is a short notice period of 5 or 10 days. If, however, parties have an annual HVAC service agreement, a notice period normally could be extended to several weeks or months.
Warranty Clause
Another typical element for an HVAC service agreement is the inclusion of a warranty or guarantee clause. Under this clause a contractor provides a standard workmanship disclaimer that in case of any issue with provided services, a contractor undertakes to fix such an issue free of charge. There are, however, a number of important limitations the contract should reflect:
- Duration of Warranty Period. The warranty period shall be limited in time and usually equal to the warranty period for separate spare parts.
- Scope of Warranty. The warranty does not cover a client’s unauthorized modification of HVAC systems, negligence, inappropriate usage, etc.
Who should use this HVAC service agreement?
Having a well-drafted and solid HVAC service agreement contract template could be a good addition for:
- HVAC contractors. Contractors operate their business on a daily basis and need a legal proof template in their work.
- Property managers. Those professionals deal with various management issues related to the maintenance of commercial and residential properties. Thus, they need HVAC service agreement forms to quickly sign with various contractors.
- Homeowners or Landlords. When there is an issue in your property and you plan to hire a professional contractor, this is where having a good HVAC maintenance agreement example can help you out.
How to customize an HVAC service agreement at FasterDraft?
To get a fully customized legal document, follow the instructions given below:
- Click the “Create Document” button.
- Answer simple questions for the HVAC maintenance contract form.
- Select a template’s format—HVAC service agreement template PDF or Word.
- Make a payment.
- Download, print, and make a contractor and client sign this document.
Table of content
Frequently Asked Questions (FAQ)
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1. What is an HVAC service agreement used for?
The HVAC service agreement contract template is used to define terms and conditions for the provision of installation, maintenance, and repair of heat, ventilation, and air-conditioning systems. This document is a special type of general services contract under which a contractor provides HVAC services to a client in exchange for remuneration.
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2. Is this HVAC Service Agreement template legally binding?
Yes, once parties sign the HVAC contractor service agreement, it becomes legally binding for all the parties involved. It means that either party cannot get along with the non-execution of the contract. On top of that, once an HVAC service agreement becomes effective, both parties acquire mutual rights and obligations. In case there is a breach of a contract, either party has a right to file a court dispute.
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3. Do HVAC contractors need a written service agreement?
Yes, having a written HVAC services agreement sample is a good decision for a number of reasons:
- First, it helps to measure both parties’ expectations;
- Second, it clarifies terms and conditions of cooperation;
- Third, it ensures compliance with state and federal regulation.
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4. Can this template be used for residential and commercial properties?
Yes, you can customize this template as either a commercial or residential HVAC maintenance agreement.
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5. What services should be included in an HVAC maintenance contract?
The exact scope of services depends on the parties’ arrangement. HVAC service agreements could be used for various situations:
- installation or repairs of HVAC systems;
- inspection and maintenance of existing systems;
- replacement of spare parts and guaranteed repair;
- HVAC system optimization and remodeling, etc.
It is essential that every HVAC service agreement clearly reflect the exact scope of services ordered by a client.
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6. Does the agreement cover emergency HVAC repair services?
Yes, you can customize this HVAC services agreement sample for emergency repair services. To do so, you would need to cover the following key elements of emergency services:
- scope of emergency services;
- applicable emergency rates;
- period of time (usually in hours), within which emergency services should be provided.
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7. Do clients need to sign the agreement before work begins?
Yes, every HVAC contractor service agreement should be signed by both parties to become a legally binding document. If the work begins and the document remains unsigned, it means that there is no contractual arrangement between the parties.
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8. What happens if either party wants to terminate the agreement?
The process of termination of HVAC service agreement forms is regulated directly in the original contract. Therefore, you have first to consult the signed document to understand the rules of termination.
Some contracts may allow parties to end the contract anytime without cause by sending a prior written notice. Contrary to that, other HVAC service agreements could provide a limited number of circumstances in which termination is possible.
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9. Does this agreement protect HVAC contractors from disputes?
Yes, even a simple HVAC maintenance agreement protects parties from lots of potential disputes in the future. As the practice shows, most misunderstandings arise due to the ‘scope creep’ or payment issues.
Our HVAC service agreement template covers all essential elements to make sure the cooperation between the parties remains smooth and effective.
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