HVAC Maintenance Agreement

HVAC Maintenance Agreement

Template notice. This document is a starting-point template, not legal advice. HVAC contracting is licensed and regulated state by state. Have an attorney licensed in your state review this agreement before using it with clients, and confirm your license number is current.

1. Parties and Effective Date

This HVAC Maintenance Agreement (the "Agreement") is entered into as of Effective Date (the "Effective Date") by and between Provider Business Name ("Provider"; HVAC License #Provider HVAC License #) and Client Name ("Client"). Services will be performed at Service Address on the equipment described in Section 2.

2. Equipment Covered

This Agreement covers the following equipment ("Covered Equipment"): Equipment Covered. Equipment added after the Effective Date is not covered unless added by written amendment and inspected by Provider.

3. Scope of Preventative Maintenance

Provider will perform Visits Per Year preventative-maintenance visit(s) per year on the Covered Equipment. Each visit includes:

• Inspect, clean, and test all accessible electrical connections
• Check refrigerant charge and inspect for leaks (no refrigerant included; see Section 4)
• Inspect and clean condenser coil and condensate drain
• Replace standard 1-inch return-air filter (Client supplies; high-MERV / media filters at cost)
• Inspect blower assembly, belts, and motors; lubricate as needed
• Test thermostat operation and calibration
• Inspect heat exchanger (heating-system visits)
• Verify temperature differential across supply and return
• Provide a written inspection report after each visit

4. Exclusions

The following are not included in the annual fee and are billed separately:

• Replacement parts, refrigerant, and consumables (filters above 1-inch standard, UV bulbs, etc.)
• Duct cleaning, duct sealing, and duct modifications
• Repairs arising from misuse, vandalism, water damage, lightning, power surges, or acts of God
• Equipment not listed as Covered Equipment in Section 2
• Indoor-air-quality accessories (UV, humidifiers, dehumidifiers, ERV/HRV) unless added by amendment
• Code-required upgrades, permits, and inspections
• Mold remediation and asbestos handling

5. Priority Service and Repair Discount

During the term of this Agreement, Client receives priority dispatch on emergency service calls, with a target response time of Priority Response (hours) hours from receipt of request. Client also receives a Discount on Repairs %% discount on parts and labor for repairs to Covered Equipment outside of scheduled maintenance visits.

6. Fees and Payment

The annual maintenance fee is $Annual Fee ($), billed Billing Schedule. Payment is due upon receipt of invoice unless otherwise agreed in writing. Invoices unpaid more than 30 days past due may, at Provider's option, suspend Client's priority response and repair discount until paid in full.

7. Scheduling

Provider will contact Client to schedule each maintenance visit at least 14 days in advance. Client agrees to provide reasonable access to the Covered Equipment during normal business hours, Monday through Friday. Client may reschedule a visit with at least 48 hours' written notice; rescheduling with less notice may incur a trip charge.

8. Warranty and Liability

Provider warrants that maintenance services will be performed in a workmanlike manner consistent with industry standards. Provider's sole obligation for defective service is, at Provider's option, to re-perform the service or refund the pro-rated portion of the annual fee attributable to that visit.

Provider is not liable for: (a) damage from pre-existing conditions Provider could not reasonably detect during inspection; (b) failure of equipment beyond its useful life; (c) damage caused by Client's use of unapproved filters, refrigerant, or add-on components; (d) consequential, incidental, indirect, special, or punitive damages of any kind. Provider's aggregate liability under this Agreement in any 12 month period is limited to the total amount paid by Client to Provider during that period.

Provider maintains general liability insurance of at least $Insurance ($/occurrence) per occurrence and will furnish a Certificate of Insurance on request.

9. Term, Renewal, and Termination

This Agreement begins on the Effective Date and continues for an initial term of Initial Term (years) year(s). At the end of the initial term, this Agreement automatically renews for successive one-year terms unless either party gives the other written notice of non-renewal at least 30 days before the renewal date. Either party may terminate immediately for material breach not cured within 14 days of written notice.

10. Force Majeure

Neither party is liable for any failure or delay in performance due to events beyond its reasonable control, including natural disasters, severe weather, supply shortages, pandemics, government action, or utility outages. The affected party will resume performance as soon as reasonably practicable.

11. Independent Contractor

Provider is an independent contractor, not an employee or agent of Client. Provider controls the means and methods of performing the services and is responsible for the conduct, training, licensing, and compensation of Provider's personnel.

12. Governing Law and Venue

This Agreement is governed by the laws of the State of Governing State, without regard to its conflict-of-laws principles. Any unresolved dispute will be brought in the state or federal courts located in Venue County, Governing State, and the parties consent to the exclusive jurisdiction of those courts.

13. General Provisions

This Agreement is the entire agreement between the parties regarding its subject matter. No amendment is binding unless in writing and signed by both parties. If any provision is held invalid, the remaining provisions remain in full force. This Agreement may be signed in counterparts and by electronic signature.

Provider signature line

Client signature line