The Client and the Contractor shall be collectively referred to as “Parties” and individually as “Party”.
WHEREAS the Client wishes to engage the Contractor for repairs or service to their HVAC system as described in this Contract and the Contractor agrees to provide such services.
NOW, THEREFORE, in consideration of the mutual covenants and commitments contained herein, as well as other goods and valuable consideration (the receipt and sufficiency of which are to be acknowledged), the Parties do hereby agree as follows.
Terms and Conditions
1. Maintenance and Inspection Schedules
Bi annual maintenance only. One in spring and one in fall. Customer will be contacted to schedule each of them. Re schedule 1 time free. The next reschedule will be charged in full.
-Check and change air filter.
-Clean condensate lines/ condensate pump.
-Clean evaporator and condenser coils.
-Check refrigerant levels.
-Check all electrical connections.
-Clean burners and flame sensor
-Clean condensate lines.
-Inspect venting pipes for wear or obstructions.
-Check heating operation and gas pressure.
-Check electrical connections.
In consideration of the Services provided by the Contractor, the Client shall pay the sum of $200 to the Contractor (hereinafter referred to as the "Total Payment"). The Contractor shall provide a yearly invoice to the Client starting on the Effective Date.
* 10% Off Labor and Parts for the calendar year that the maintenance contract is in place.
This Contract shall commence on the Effective Date and shall terminate 1 year from signed date. Time shall be of the essence of this Contract.
4. Access to Client's Premises
The Client accepts to provide the Contractor with sufficient access to the premises where Services are being performed on the date that work is scheduled.
The Client reserves the right to inspect all work performed under this Contract. If the work performed by the Contractor is not in accordance with this Contract or does not match the Client's expectations, the Client may notify the Contractor in writing. At that time, the Contractor shall promptly correct such work within a reasonable time.
6. Condition of Premises
The Contractor accepts to keep the premises clean and orderly and to remove all debris from the premises as needed during the work hours.
7. Use of Utilities
The Client shall allow the Contractor to use water and power of the premises, at no cost, to render the Services and execute the work.
During the term of this Contract, the Contractor shall obtain and maintain all applicable insurance as required by any applicable law to cover its employees, property damage, or any third-party bodily injury arising from or in any way related to the Services or the site where the work is being performed. The Contractor's lack of insurance coverage shall limit any liability under this Contract.
9. Relationship of Parties
The Client is hiring the Contractor as an Independent Contractor under the scope of this Contract. The Client and the Contractor shall not establish any partnership or employer-employee relationship.
Either Party may terminate this Contract if any Party fails to perform any of its obligations under this Contract, and if such failure is not cured within 60 days (unless extended by the Party) after written notice to the Party at fault, the Parties shall be entitled to seek and obtain all remedies available to it in law.
During the term, the Contractor shall not disclose any confidential information of the Client that is communicated to the Contractor in connection with the above-mentioned Services and such information shall be held by them in strict confidence. This provision shall continue to be effective after the termination of this Contract.
12. Limitation of Liability
In no event shall either Party be liable to the other party or any third party for any damages or any special, indirect, or consequential damages, that might result from any part of this Contract such as, but not limited to, loss of profit, revenue, or failure in the delivery of Services.
The Contractor agrees to defend, indemnify and hold the Client harmless from and against all claims, liabilities, losses, deaths, injury, damages, costs, and expenses, suffered or incurred by the Contractor arising from the Contractors' negligence in the performance of the Contract.
1. Assignability: Neither party may assign this Contract or the rights and obligations thereunder to any third party without the prior express written consent of the other Party which shall not be unreasonably withheld.
2. Severability: In the event, any provision of this Contract is deemed to be invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Contract and all other provisions shall remain in full force and effect as valid and enforceable.
3. Governing Law: This Contract shall be governed by and construed in accordance with the laws of Michigan without regard to conflict of law principles. If the disputes under this Contract are not resolved by Arbitration, the disputes shall be resolved by litigation in the courts of Michigan including the federal courts therein and all the Parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
4. Entire Agreement: The Parties acknowledge that this Contract sets forth and represents the entire Contract between both the Parties. If the Parties are willing to change/add/modify any terms, they shall be in writing and signed by both Parties.
5. Notice: Any notice that is required by this Contract shall be in writing and shall be given to the appropriate party by personal delivery or certified mail, postage prepaid, or any such delivery service provided.
6. Force Majeure: Neither of the Parties shall be liable for any failure in performance of any obligation under this Contract due to causes beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act, or order of public authority and other acts of God) during the pendency of such event.