This HVAC Contract is made between a contractor and a client for the provision of
heating, ventilation or air conditioning services. This document sets for the terms and
conditions of the agreement including the payment details, a description of the services
and warranty provisions. It contains numerous standard provisions as well as
opportunities for customization to address the specific needs of the parties. HVAC
contractors should use this document when entering into an agreement for services.
THIS HVAC CONTRACT (hereinafter referred to as the “Contract”) is made on __[Date]__
by and between __[Contractor Name]__ of __[Address]__, __________, __________
__________ (hereinafter referred to as the “Contractor”), and __[Client Name]__ of
__[Address]__, __________, __________ __________ (hereinafter referred to as the “Client”).
WHEREAS, Contractor is engaged in the business of providing HVAC services to individuals
and companies; and
WHEREAS, Client desires to hire the Contractor under the terms and conditions specified
NOW, THEREFORE, in consideration of the mutual covenants contained in this Contract, and
other good and valuable consideration, the parties agree as follows:
1. DESCRIPTION OF WORK
Contractor will furnish all labor and materials for HVAC work at the Client’s site located at
__[Address]__, __________, __________ __________. Contractor shall furnish the following
HVAC services for Client: _[Enter a description of the HVAC services to be provided]_.
The services specified hereunder shall begin on __[Date]___ and shall take approximately
__[Length of Time]__ to complete.
Client will pay Contractor a flat fee of __[$ Amount]__ for performance of work and completion
of the project specified hereunder. This fee shall be delivered to the Contractor’s address as
specified in the first paragraph of this Contract on or before __[Date]__. If payments are not
made on time, Contractor will charge Client interest at a rate of __[Interest Rate]___ per annum
on all overdue amounts.
4. WARRANTY OF FITNESS OF EQUIPMENT AND MATERIALS
Contractor represents and warrants to Client that all equipment and materials used in the work,
and made a part of the structures on the work, or placed permanently in connection with the
same, will be new unless otherwise specified, of good quality, free of defects, and in conformity
with the Contract. It is understood between the parties that all equipment and materials not so in
conformity are defective. Contractor provides a warranty for a period of __[Length of Time]__
for the HVAC services provided to Client. Contractor’s warranties are limited to the cost of labor
and materials only, and exclude ordinary wear and tear or abuse by others.
5. TITLE TO MATERIAL
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Title to the material to be furnished by Contractor shall be and remain in Contractor until all
sums of money called for are fully paid. In case of default in payment of any of the installments
provided for in this contract, Contractor is authorized to enter the premises and take possession
of and remove material at any time after the default.
6. CHANGE ORDERS
All change orders must be in writing and signed by both parties. Client agrees that changes
resulting in the furnishing of additional labor or materials will be paid for prior to the
commencement of the extra work.
7. SITE CONDITIONS
Client acknowledges that this Contract is based upon the Contractor’s observation of conditions.
Conditions which could not be known by a reasonable inspection, such termite damage, hidden
water damage, hidden code violations, or other concealed conditions, may require extra labor or
materials, which are not part of this Contract. If such hidden conditions are discovered,
Contractor will notify Client and will attempt to reach an agreement for a change order to this
Contract that addresses those problems.
8. PERMITS AND LICENSES
Contractor will obtain and pay for local building and construction permits, and will obtain and
pay the fees for the governmental inspections that are necessary for the work to be done, except
as otherwise provided in this Contract. The cost thereof shall be included as part of the payment
to Contractor under this Contract. Client will secure and pay for any easements, variances,
zoning changes, necessary modifications of restrictive covenants, or other actions.
9. INSURANCE AND RISK OF LOSS
Client agrees to maintain insurance covering the replacement cost of the improvements under
contract in the event of loss through fire, casualty, storm or other disasters, and theft of materials
from the site. Before work begins, Client will furnish a certificate of that insurance to the
Contractor. Contractor agrees to maintain workers’ compensation insurance and liability
insurance to protect Client from liability claims for damages because of bodily injury, including
death, and from liability for damages to property. Before beginning the work, Contractor will
furnish a certificate of that insurance to Client.
If any provision of this Contract shall be held to be illegal, invalid, or unenforceable under
present or future laws, such provisions shall be fully severable, this Contract shall be construed
and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of
this Contract; and, the remaining provisions of this Agreement shall remain in full force and
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11. NO WAIVER
The failure of either party to this Contract to insist upon the performance of any of the terms and
conditions of this Contract, or the waiver of any breach of any of the terms and conditions of this
Contract, shall not be construed as subsequently waiving any such terms and conditions, but the
same shall continue and remain in full force and effect as if no such forbearance or waiver had
12. GOVERNING LAW
This Contract shall be governed by, construed, and enforced in accordance with the laws of the
State of __________.
Unless provided herein to the contrary, any notice provided for or concerning this Contract shall
be in writing and shall be deemed sufficiently given when sent by certified or registered mail if
sent to the respective address of each party as set forth at the beginning of this Contract.
14. BINDING ARBITRATION
Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this
Contract shall be required to be resolved by binding arbitration of the parties hereto. If the parties
cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then
select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be
governed by the rules of the American Arbitration Association then in force and effect.
15. ENTIRE AGREEMENT
This Contract shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this Contract shall not be
binding upon either party except to the extent incorporated in this Contract.
16. MODIFICATION OF CONTRACT
Any modification of this Contract or additional obligation assumed by either party in connection
with this Contract shall be binding only if placed in writing and signed by each party or an
authorized representative of each party.
17. ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and may not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and
written consent of the other party.
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This Contract may be executed in any number of counterparts, each of which shall be deemed to
be an original, but all of which together shall constitute but one and the same instrument.
19. COMPLIANCE WITH LAWS
In performing under this Contract, all applicable governmental laws, regulations, orders, and
other rules of duly-constituted authority will be followed and complied with in all respects by
IN WITNESS WHEREOF, the parties have signed this Contract as of ___[Date]___.
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