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The HVAC Contract is a legal agreement between the HVAC provider (referred to as Party 1) and the customer (referred to as Party 2) for the provision of maintenance and repair services for the customer's HVAC systems. The agreement outlines the obligations of the HVAC provider, the completion date, payment terms, liability, termination, and other important clauses.
The document begins with an interpretation section, defining key terms used throughout the agreement. It clarifies that the 'work' refers to the maintenance and repair services to be carried out by the HVAC provider, and the 'completion date' is the agreed-upon date for the completion of the work.
The HVAC provider's obligations are outlined in section 2. It states that the HVAC provider must carry out the work diligently, using good quality materials and workmanship. They are also required to comply with any instructions or variations issued by the customer. If any instructions result in a delay, the HVAC provider can claim an extension of time.
Section 3 focuses on the completion of the work. It states that the work should be completed by the agreed completion date. If the work is not completed by that date, the customer is entitled to liquidated damages per week until completion.
Section 4 addresses defects and liability. It states that any defects or faults within the warranty period due to substandard materials or workmanship must be promptly rectified by the HVAC provider at their own expense.
Section 5 prohibits the HVAC provider from assigning or subcontracting the agreement without the customer's written consent.
Section 6 covers site regulations, requiring the HVAC provider to comply with health and safety regulations and any instructions issued by the customer regarding personnel on the site.
Section 7 outlines the payment terms, stating that the customer must pay the agreed price within a specified number of days after completion of the work.
Section 8 states that any materials and goods delivered to the site become the property of the customer, who assumes the risk of accidental loss or damage.
Section 9 addresses injury, damage, and insurance. The HVAC provider is liable for personal injury or death arising from the work and must indemnify the customer. They must also maintain appropriate insurance coverage.
Section 10 deals with termination. Either party can terminate the agreement if certain events occur, such as bankruptcy or failure to proceed diligently with the work. Upon termination, the HVAC provider must vacate the site and the customer's liability is limited to the value of the completed work.
Section 11 clarifies that third parties have no rights under the agreement.
Section 12 encourages amicable resolution of disputes and specifies the proper law for the agreement.
Section 13 outlines the procedures for giving notices and provides the contact information for both parties.
In summary, the HVAC Contract is a comprehensive agreement that clearly defines the rights and obligations of both parties regarding the provision of HVAC maintenance and repair services. It covers various aspects such as completion, payment, liability, termination, and dispute resolution.
1. Provide information: Enter the Contractor's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Specify price and completion date: Clearly specify the agreed price and completion date of the work to be carried out by the Contractor. This will ensure that both parties are aware of the expectations and deadlines.
3. Describe services: Clearly describe the type(s) of services to be provided by the Contractor. This ensures that both parties are aware of the scope of work and can avoid any misunderstandings.
4. Agree on length of warranty and time of payment: Both parties should agree on the length of warranty and time of payment after the completion of the work. This ensures that both parties are aware of the payment terms and the length of the warranty.
5. Specify damages: If the work is not completed by the completion date, specify the amount of damages per week that the Customer is entitled to. This ensures that both parties are aware of the consequences of non-completion.
6. Comply with site regulations: The Contractor should comply with any health and safety or other applicable site regulations required by law during the performance of the agreement.
7. Maintain insurance: The Contractor should maintain appropriate insurance coverage to cover any liability arising from the work.
8. Rectify defects: If any defects or faults appear within the warranty period, the Contractor should promptly rectify them at their own expense.
9. Termination: Both parties have the right to terminate the agreement under certain circumstances. The termination should be done in accordance with the agreed-upon procedures.
10. Seek amicable resolution: In case of any disputes, both parties should make reasonable efforts to resolve them amicably and in good faith.
11. Follow proper notice procedures: Any notices required under the agreement should be served in accordance with the specified procedures, including delivery by hand, email, or post.
12. Seek legal advice if needed: If there are any uncertainties or complexities in the agreement, it is advisable to seek legal advice to ensure compliance with applicable laws and regulations.
Note: This guidance is provided for informational purposes only and does not constitute legal advice. It is recommended to consult with a legal professional for specific guidance tailored to your situation.