The HVAC Service Agreement is designed for use in New Zealand when engaging professional HVAC maintenance and service providers. This agreement is essential for businesses and property owners requiring regular maintenance, repair, and optimization of their heating, ventilation, and air conditioning systems. The document establishes a formal contractual relationship between the service provider and the client, detailing maintenance schedules, service standards, and response times. It includes provisions compliant with New Zealand legislation, including the Building Act 2004 and Health and Safety at Work Act 2015, making it suitable for commercial, industrial, and large residential applications. The agreement is particularly relevant for properties requiring ongoing HVAC maintenance to ensure optimal system performance, energy efficiency, and compliance with local regulations.
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1. Parties: Identifies the service provider and the client, including their legal names and addresses
2. Background: Outlines the context of the agreement, including the client's HVAC requirements and the provider's qualifications
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the specific HVAC maintenance and service tasks to be performed
5. Term and Renewal: Specifies the duration of the agreement and renewal conditions
6. Service Provider Obligations: Lists the responsibilities and commitments of the HVAC service provider
7. Client Obligations: Outlines the client's responsibilities in facilitating the services
8. Fees and Payment Terms: Specifies service costs, payment schedule, and payment methods
9. Health and Safety: Details health and safety requirements and compliance measures
10. Insurance and Liability: Specifies insurance requirements and liability limitations
11. Termination: Describes conditions and process for ending the agreement
12. Dispute Resolution: Outlines the process for resolving disputes between parties
13. General Provisions: Contains standard legal clauses including governing law, notices, and assignment
1. Emergency Services: Include when 24/7 emergency response services are part of the agreement
2. Energy Efficiency Consulting: Add when the provider offers energy optimization services
3. Equipment Supply: Include when the agreement covers supply of replacement parts or new equipment
4. Warranty: Add when specific warranties are offered beyond statutory guarantees
5. Environmental Compliance: Include when handling regulated refrigerants or specific environmental requirements
6. Building Management System Integration: Add when services include BMS monitoring or integration
7. Subcontractor Provisions: Include when subcontractors may be used to perform services
1. Schedule 1 - Equipment Register: List of HVAC equipment covered under the agreement
2. Schedule 2 - Maintenance Schedule: Detailed timeline and checklist of maintenance tasks
3. Schedule 3 - Service Level Agreement: Response times and performance metrics
4. Schedule 4 - Fee Schedule: Detailed breakdown of fees and charges
5. Schedule 5 - Site Access Procedures: Procedures for accessing the premises and security requirements
6. Appendix A - Technical Specifications: Technical details of HVAC systems and maintenance requirements
7. Appendix B - Health and Safety Procedures: Specific health and safety protocols for service delivery
8. Appendix C - Incident Report Forms: Templates for reporting maintenance issues or incidents
Relevant legal definitions
Agreement
Additional Services
Business Day
Business Hours
Commencement Date
Confidential Information
Contract Price
Critical Failure
Emergency Services
Equipment
Equipment Register
Force Majeure Event
HVAC System
Intellectual Property Rights
Maintenance Schedule
Maintenance Services
Normal Working Hours
Planned Maintenance
Premises
Preventive Maintenance
Response Time
Routine Maintenance
Services
Service Level Agreement
Service Provider
Service Request
Site
Specifications
Term
Warranty Period
Work Order
Emergency Repair
System Components
Performance Standards
Regulatory Requirements
Service Report
Maintenance Log
Operating Parameters
Safety Procedures
Authorized Personnel
Additional Services
Business Day
Business Hours
Commencement Date
Confidential Information
Contract Price
Critical Failure
Emergency Services
Equipment
Equipment Register
Force Majeure Event
HVAC System
Intellectual Property Rights
Maintenance Schedule
Maintenance Services
Normal Working Hours
Planned Maintenance
Premises
Preventive Maintenance
Response Time
Routine Maintenance
Services
Service Level Agreement
Service Provider
Service Request
Site
Specifications
Term
Warranty Period
Work Order
Emergency Repair
System Components
Performance Standards
Regulatory Requirements
Service Report
Maintenance Log
Operating Parameters
Safety Procedures
Authorized Personnel
Clauses
Interpretation
Term and Renewal
Services Scope
Performance Standards
Service Provider Obligations
Client Obligations
Access Rights
Fees and Payment
Health and Safety
Compliance
Insurance
Liability and Indemnity
Warranties
Emergency Services
Equipment and Materials
Quality Assurance
Record Keeping
Reporting
Confidentiality
Intellectual Property
Personnel
Subcontracting
Force Majeure
Termination
Dispute Resolution
Assignment
Notices
Entire Agreement
Variation
Severability
Governing Law
Environmental Compliance
Work Schedule
Response Times
Service Levels
Risk Allocation
Change Management
Audit Rights
Term and Renewal
Services Scope
Performance Standards
Service Provider Obligations
Client Obligations
Access Rights
Fees and Payment
Health and Safety
Compliance
Insurance
Liability and Indemnity
Warranties
Emergency Services
Equipment and Materials
Quality Assurance
Record Keeping
Reporting
Confidentiality
Intellectual Property
Personnel
Subcontracting
Force Majeure
Termination
Dispute Resolution
Assignment
Notices
Entire Agreement
Variation
Severability
Governing Law
Environmental Compliance
Work Schedule
Response Times
Service Levels
Risk Allocation
Change Management
Audit Rights
Relevant Industries
Commercial Real Estate
Healthcare
Education
Retail
Industrial Manufacturing
Hospitality
Data Centers
Government
Office Buildings
Shopping Centers
Residential Buildings
Manufacturing
Relevant Teams
Facilities Management
Operations
Procurement
Legal
Property Management
Maintenance
Engineering
Health and Safety
Compliance
Technical Services
Asset Management
Building Services
Relevant Roles
Facility Manager
Property Manager
Building Services Manager
Operations Manager
Maintenance Manager
Chief Engineer
Technical Services Director
Procurement Manager
Contract Administrator
Building Owner
Property Director
Asset Manager
HVAC Service Manager
Compliance Officer
Health and Safety Manager
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