HVAC Maintenance Agreement Template

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. Purpose of the Agreement

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.

2. Description of Services

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.

3. Schedule

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.

4. Fees and Payments

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. Miscellaneous

5.1 Warranty

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.

5.2 Liability

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 Dispute Resolution

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 Severability

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 Confidentiality

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 Amendment

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 Jurisdiction

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.

5.8 Term and Termination

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]: