Free HVAC Contract Template

HVAC SERVICE AND INSTALLATION CONTRACT This HVAC Service and Installation Contract (the “Contract”) is entered into as of [Effective Date] (the “Effective Date”), BETWEEN: [Contractor Name], HVAC or mechanical license number [HVAC License Number], with a principal place of business at [Contractor Address] (the “Contractor”); AND [Owner Name], with a mailing address at [Owner Address] (the “Owner”). The Contractor and the Owner may be referred to individually as a “Party” and collectively as the “Parties.” 1. PROPERTY AND SCOPE OF WORK The Contractor will perform heating, ventilation or air-conditioning work at [Property Address] (the “Property”) as follows: [Scope of Work] (for example, replace a split system, repair a furnace, add a mini-split, clean ducts or enroll the Property in a maintenance plan). Work not listed in this Section is outside the scope of this Contract and requires a written change order. 2. EQUIPMENT If the scope includes new equipment, the Contractor will furnish and install: [Equipment Make, Model and Size], with a stated efficiency of [Efficiency Rating], or an equivalent model if the listed model is discontinued, subject to the Owner’s written approval. Equipment size is based on the information available at the estimate. A formal load calculation, if required by code or requested in writing, may change the recommended size and price. 3. SCHEDULE Work is scheduled to start on [Start Date] and is estimated to be substantially complete by [Estimated Completion Date], subject to equipment lead times, weather, utility or refrigerant availability and hidden conditions. Time estimates are not a guarantee unless the Parties agree in writing to a firm completion date. 4. PERMITS AND REFRIGERANT RULES The Contractor will obtain the mechanical or HVAC permits required for the work, unless the Parties agree in writing that the Owner will pull them. Refrigerant recovery, charging and disposal will follow applicable environmental rules. The Contractor will perform start-up and, where required, leave manufacturer registration or commissioning documents with the Owner. 5. PRICE AND PAYMENT (a) Price. The Owner will pay [Contract Price] on a [Pricing Method] basis (fixed price for an install, time and materials for a repair, or a seasonal maintenance fee). (b) Deposit. A deposit of [Deposit Amount] is due on signing, where permitted by law. (c) Schedule. Remaining amounts are due as follows: [Payment Schedule]. Final payment for an install is due on start-up and Owner walkthrough, less any agreed punch-list holdback. (d) Extra work. Work outside the scope is billed at [Hourly Rate for Extra Work], plus materials at cost plus [Material Markup], after a written change order. (e) Late payment. Overdue amounts may accrue a late charge where permitted, and the Contractor may suspend work after written notice until the balance is paid. 6. CHANGE ORDERS Changes to equipment, ductwork, electrical, condensate drains, schedule or price must be in writing and signed or accepted electronically by both Parties before the extra work begins, except emergency repairs needed to restore heat or cooling in unsafe conditions. Emergency work will be documented as soon as practical. 7. ACCESS, EXISTING UNIT AND DISPOSAL The Owner will provide safe access to indoor units, outdoor pads, attics, crawl spaces and electrical disconnects, and will secure pets. Unless the Owner asks in writing to keep the old unit, the Contractor will recover refrigerant and haul away the replaced equipment. The Owner is responsible for moving furniture, window treatments and stored items that block access. 8. HIDDEN CONDITIONS If the Contractor finds undersized or leaking ducts, inadequate electrical service, asbestos, structural issues, a drain without a legal termination or other hidden conditions not reasonably visible at the estimate, the Contractor will stop that portion of the work and give the Owner a written change-order proposal. The Contractor is not required to proceed with that extra work until the Owner accepts the proposal. 9. WARRANTY AND MAINTENANCE (a) Labor. The Contractor warrants installation labor for [Labor Warranty Period] from start-up. (b) Equipment. Manufacturer warranties pass through to the Owner and may require registration and professional maintenance. Failure to maintain the system as the manufacturer requires can reduce or void those warranties. (c) Maintenance plan. If the Parties agree, the Contractor will perform maintenance visits on a [Maintenance Visit Frequency] basis, including filter checks, coil inspection and safety tests listed in the visit checklist. (d) Exclusions. This warranty does not cover Owner-supplied equipment, dirty filters, lack of maintenance, freeze damage, or work altered by others. THE CONTRACTOR DOES NOT WARRANT UTILITY RATES OR THAT THE SYSTEM WILL MEET A STATED INDOOR TEMPERATURE IN EVERY ROOM UNLESS A LOAD CALCULATION AND DESIGN ARE PART OF THE SCOPE. 10. LICENSE AND INSURANCE The Contractor represents that it holds the HVAC, mechanical or contractor license required where the Property is located, and will maintain general liability insurance and, where required, workers’ compensation coverage, as follows: [Insurance Coverage]. A certificate of insurance will be provided on request. 11. CLEANUP AND COMPLETION The Contractor will remove job-related debris and leave the work area reasonably clean. The Owner will attend start-up, receive basic operating instructions and note any punch-list items in writing. 12. INDEPENDENT CONTRACTOR The Contractor is an independent contractor and controls the means and methods of the work, its personnel and its tools. Nothing in this Contract creates an employment, partnership or agency relationship. 13. CANCELLATION Where consumer-protection law gives the Owner a cooling-off right for contracts signed at home, the Owner may cancel within [Cancellation Period] as that law requires. Either Party may cancel for a material breach not cured within ten (10) days after written notice. The Owner will pay for work, recovered refrigerant handling and non-returnable equipment ordered through the cancellation date. 14. LIMITATION OF LIABILITY Except for damage caused by gross negligence or willful misconduct, or where the law does not allow a limitation, each Party’s total liability under this Contract is limited to the amounts paid or payable under this Contract. 15. GOVERNING LAW This Contract is governed by the laws of [Governing Law / Jurisdiction], without regard to conflict-of-law principles. The courts located in [Governing Law / Jurisdiction] will have jurisdiction over disputes arising out of or relating to this Contract, unless the Parties agree in writing to try mediation first. 16. GENERAL PROVISIONS (a) Entire Agreement. This Contract is the entire agreement on its subject matter. (b) Amendments. Changes must be in writing and signed or accepted electronically by both Parties. (c) Severability. If any provision is held unenforceable, the rest remains in effect. (d) Electronic Signatures. This Contract may be executed in counterparts, including by electronic signature. IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date. CONTRACTOR Name: [Contractor Name] License: [HVAC License Number] Signature: _______________________________ Name of Signatory: _______________________ Date: ____________________________________ OWNER Name: [Owner Name] Signature: _______________________________ Date: ____________________________________