This HVAC Service Contract is designed for use in New Zealand when engaging professional HVAC maintenance and service providers. It is particularly relevant when establishing long-term maintenance relationships for heating, ventilation, and air conditioning systems in commercial, industrial, or institutional settings. The agreement encompasses all aspects of HVAC service delivery, including routine maintenance, emergency repairs, compliance with New Zealand building codes and environmental regulations, and performance standards. It includes essential provisions for health and safety compliance under New Zealand law, specific service level agreements, and detailed maintenance schedules. The contract is structured to protect both service providers and property owners/managers while ensuring clear accountability and performance metrics.
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1. Parties: Identifies and provides full details of the service provider and the client
2. Background: Outlines the context of the agreement and the parties' intentions
3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets rules for interpretation
4. Term and Renewal: Specifies the initial contract duration and any renewal provisions
5. Scope of Services: Details the HVAC maintenance and service work to be performed
6. Service Provider's Obligations: Lists all responsibilities and duties of the HVAC service provider
7. Client's Obligations: Specifies client responsibilities including access, information provision, and cooperation
8. Fees and Payment: Details service fees, payment terms, and invoicing procedures
9. Health and Safety: Outlines health and safety requirements and responsibilities
10. Compliance: Addresses compliance with relevant laws, regulations, and industry standards
11. Insurance and Liability: Specifies insurance requirements and liability limitations
12. Warranties: Details warranties provided for workmanship and parts
13. Termination: Sets out circumstances and procedures for contract termination
14. Dispute Resolution: Establishes procedures for handling disputes between parties
15. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law
1. Emergency Services: Include when 24/7 emergency response services are part of the agreement
2. Equipment Supply: Include when the contract includes supply of new HVAC equipment or parts
3. Energy Efficiency Guarantees: Include when specific energy performance targets are part of the service agreement
4. Building Management System Integration: Include when services involve integration with building automation systems
5. Subcontractor Provisions: Include when the service provider will use subcontractors
6. Training and Documentation: Include when the provider must train client's staff or provide operational documentation
7. Environmental Management: Include when specific environmental compliance or reporting is required
1. Schedule 1: Equipment Register: Detailed list of all HVAC equipment covered by the service agreement
2. Schedule 2: Maintenance Schedule: Frequency and scope of routine maintenance tasks for each equipment type
3. Schedule 3: Service Level Agreement: Response times, performance metrics, and service standards
4. Schedule 4: Fee Schedule: Detailed breakdown of fees, rates for additional work, and payment terms
5. Schedule 5: Key Personnel: Lists key personnel from both parties responsible for contract management
6. Appendix A: Maintenance Procedures: Detailed procedures for carrying out maintenance tasks
7. Appendix B: Health and Safety Requirements: Specific health and safety procedures and requirements
8. Appendix C: Compliance Certificates: Copies of relevant certifications and compliance documents
Authors
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Healthcare
Education
Industrial Manufacturing
Retail
Hospitality
Data Centers
Government
Residential Property Management
Warehousing and Logistics
Office Buildings
Shopping Centers
Relevant Teams
Facilities Management
Operations
Procurement
Legal
Property Management
Maintenance
Engineering
Contract Administration
Risk and Compliance
Asset Management
Technical Services
Relevant Roles
Facility Manager
Property Manager
Operations Director
Maintenance Manager
Building Services Manager
Technical Services Director
Chief Engineer
Procurement Manager
Contract Administrator
Real Estate Manager
Asset Manager
Building Owner
Operations Manager
Sustainability Manager
Risk Manager
Compliance Officer
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