HVAC Maintenance Contract
This HVAC Maintenance Contract ("Contract") is entered into on April 1, 2050, by and between [Your Company Name], with its principal place of business located at [Your Company Address] ("Service Provider"), and Dayton Rohan, representing MisfitCo, with its principal place of business located at Jersey City, NJ 07302 ("Client").
WHEREAS, the Service Provider is engaged in the business of providing heating, ventilation, and air conditioning (HVAC) maintenance services; and
WHEREAS, the Client desires to engage the Service Provider to perform HVAC maintenance services for the Client’s properties as described herein;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:
I. Scope of Services
General Maintenance
The Service Provider agrees to perform routine HVAC maintenance services, which include, but are not limited to, the following:
Clean and inspect HVAC units, including filters and coils.
Lubrication of moving parts such as fans, blowers, and motors.
Check and recalibrate thermostats to ensure proper temperature regulation.
Check refrigerant levels and adjust for efficiency.
Inspect ductwork for air leaks or blockages and clean as necessary.
Preventive maintenance to minimize the risk of major system breakdowns.
Exclusions
Excluded from this contract unless agreed in writing:
Emergency repairs outside of scheduled maintenance visits.
Major system replacements or installations.
Parts or components damaged by misuse or acts of nature.
II. Maintenance Schedule
The Service Provider shall perform HVAC maintenance services on a bi-annual basis, with maintenance visits scheduled for April 1, 2050, and October 1, 2050. These visits will ensure the HVAC systems operate efficiently throughout the year.
III. Payment Terms
Fee Structure
The Client agrees to pay the Service Provider an annual fee of $5,000 for the HVAC maintenance services outlined in this Contract. The fee will be payable in two equal installments of $2,500, one due on April 1, 2050, and the second due on October 1, 2050.
Invoice and Payment Schedule
The Service Provider will issue an invoice to the Client for each installment on the first business day of each payment period. Payment shall be due within 30 days of receipt of the invoice.
Late Payment
If any payment due under this Contract is not made by the due date, a 5% late fee will be added to the outstanding balance. If payment is not received within 15 days of the due date, the Service Provider reserves the right to suspend further services until payment is made.
Additional Services
Should the Client request additional services beyond those outlined in this Contract, such requests will be billed separately at a rate agreed upon by both parties prior to the commencement of the services.
IV. Obligations of the Service Provider
The Service Provider agrees to:
Qualified Personnel
The Service Provider will deploy only trained and qualified technicians to perform the HVAC maintenance services.
Equipment and Supplies
The Service Provider will supply all necessary equipment and materials required for the services, unless otherwise specified in writing.
Industry Standards
All services will be performed in compliance with relevant industry standards and manufacturer guidelines to ensure the longevity and efficiency of the HVAC systems.
Safety and Environmental Standards
The Service Provider will adhere to all relevant safety regulations and environmental practices in the performance of its services.
Communication
The Service Provider guarantees prompt and transparent communication in the event of any issues or concerns raised by the Client.
V. Client Responsibilities
The Client agrees to:
Access
The Client shall ensure that the Service Provider has access to the properties during agreed-upon hours for the performance of HVAC services.
Special Requirements
The Client is responsible for informing the Service Provider of any special needs or restrictions that may affect the maintenance of the HVAC systems.
Timely Payment
The Client agrees to make timely payments as stipulated under this Contract.
Feedback
The Client is encouraged to provide feedback regarding the HVAC maintenance services, which will assist the Service Provider in maintaining the highest level of service.
VI. Term and Termination
This Contract shall commence on April 1, 2050, and remain in effect until March 31, 2051, unless terminated earlier by either Party giving 30 days written notice.
VII. Indemnification
The Service Provider agrees to indemnify and hold harmless the Client from any claims, damages, or losses resulting from the Service Provider’s negligence or failure to properly perform the services outlined in this Contract.
VIII. Confidentiality
Both parties agree not to disclose any confidential information obtained during the term of this Contract without the prior written consent of the other party, except as required by law.
IX. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of New Jersey, USA.
X. Entire Agreement
This Contract represents the entire agreement between the parties and supersedes all prior agreements, understandings, and representations, whether written or oral, related to the subject matter hereof.
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written.
For [Your Company Name]:
Name: [Your Name]
Date: April 1, 2050
For MisfitCo:
Name: Dayton Rohan
Date: April 1, 2050
For any inquiries or further details, please contact [Your Name] at [Your Email].
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