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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.
HVAC Contract 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. HVAC CONTRACT 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 herein; 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]_. 2. TERM The services specified hereunder shall begin on __[Date]___ and shall take approximately __[Length of Time]__ to complete. 3. PAYMENT 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 © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 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. 10. SEVERABILITY 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 effect. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 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 occurred. 12. GOVERNING LAW This Contract shall be governed by, construed, and enforced in accordance with the laws of the State of __________. 13. NOTICES 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. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 18. COUNTERPARTS 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 both parties. IN WITNESS WHEREOF, the parties have signed this Contract as of ___[Date]___. CONTRACTOR ______________________________ Name: __________ Title: __________ CLIENT ______________________________ Name: __________ Title: __________ © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5
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