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Document Description
The HVAC Contract is a service agreement between the HVAC Provider and the Customer. It outlines the terms and conditions for the maintenance and repair services of the Customer's HVAC systems. The agreement emphasizes the importance of completing the work in a timely manner and to a high standard of workmanship.
The document begins with an interpretation section, which defines key terms used throughout the agreement. It clarifies that the 'work' refers to the maintenance and repair services for the HVAC systems, and the 'completion date' is the agreed-upon date for the work to be finished.
The HVAC Provider's obligations are outlined in section 2. It states that the HVAC Provider must carry out the work diligently and with good workmanship. They are also required to comply with any instructions or variations issued by the Customer. If any instructions are given orally, they must be confirmed in writing within 7 days. If these instructions or variations cause a delay in the completion date, 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. However, if there are valid reasons for the delay, the Customer may grant an extension of time. If the work is not completed by the completion date, the Customer is entitled to liquidated damages per week until the work is completed.
The document also includes provisions for defects liability, assignment, site regulations, payment, ownership of materials, injury and damage liability, termination, and dispute resolution. It is important for both parties to understand their rights and responsibilities under these sections.
In case of termination, the HVAC Provider must give up possession of the work site and deliver any copies of drawings or plans. The Customer's liability to pay sums to the HVAC Provider ceases, except for a fair and reasonable amount for the completed work.
The agreement concludes with clauses regarding third-party rights, arbitration, notices, and service. It is important for both parties to comply with these clauses to ensure effective communication and resolution of any disputes.
Overall, the HVAC Contract is a comprehensive agreement that protects the interests of both the HVAC Provider and the Customer. It establishes clear expectations, responsibilities, and remedies in case of non-compliance.
How to use this document?
1. Provide information: Enter the HVAC Provider's and Customer's information in the agreement, including their principal place of business. This ensures that both parties are clearly identified.
2. Specify the scope of work: Clearly describe the maintenance and repair services to be provided by the HVAC Provider. This ensures that both parties are aware of the specific tasks and responsibilities.
3. Agree on the completion date: Determine the agreed completion date for the work. This helps establish a timeline and ensures that both parties are aware of the expectations and deadlines.
4. Comply with instructions: The HVAC Provider must comply with any instructions or variations issued by the Customer. It is important to confirm any oral instructions in writing within 7 days.
5. Grant extensions if necessary: If there are valid reasons for a delay in the completion date, the Customer may grant an extension of time. This should be done in a fair and reasonable manner.
6. Specify liquidated 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.
7. Address defects promptly: If any defects or faults appear within the warranty period, the HVAC Provider must promptly make the necessary repairs at their own expense.
8. Comply with site regulations: The HVAC Provider must comply with any health and safety or other applicable site regulations required by law. This ensures a safe working environment.
9. Ensure timely payment: The Customer must pay the agreed price to the HVAC Provider within the specified number of days after completion of the work. Prompt payment is essential for maintaining a good business relationship.
10. Maintain proper insurance: The HVAC Provider must maintain adequate insurance coverage to protect against liability for personal injury or damage to property. This helps mitigate risks and ensures proper compensation in case of any incidents.
11. Termination rights: Both parties have the right to terminate the agreement under certain circumstances, such as bankruptcy or failure to proceed diligently with the work. Termination should be done in accordance with the agreed-upon procedures.
12. Seek amicable resolution: In case of disputes, both parties should make reasonable efforts to resolve them amicably and in good faith. This may involve negotiation, mediation, or other alternative dispute resolution methods.
13. Follow proper notice procedures: Any notices or communications should be served in accordance with the agreed-upon methods, such as hand delivery, email, or registered post. It is important to adhere to the specified timelines for effective communication.
By following these guidance steps, both the HVAC Provider and the Customer can effectively use the HVAC Contract to ensure a smooth and successful working relationship.
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