Service Agreement and Service Contract
Service Agreement
This Service Agreement ("Agreement") is made on the date stated below (effective date) and entered into by and between AC Plus Heating & Air, an insured and licensed contractor under License #CAC1822544 (hereinafter referred to as the “Service Provider”), and the Client, residing at or having an office located at [Client Address] (hereinafter referred to as the “Client”).
WHEREAS, the Service Provider provides installation, maintenance, repair, or related services; and
WHEREAS, the Client desires to avail the aforesaid services.
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
RECITALS
SCOPE OF SERVICES
The Client agrees to procure air conditioning services from AC Plus Heating & Air as specified in the invoice below. These services may include installation, maintenance, repair, or related services. A comprehensive list detailing the scope of each service will be provided in the invoices.
COMPENSATION
In consideration for the services provided under this Agreement, the Client agrees to compensate AC Plus Heating & Air with the amount stated in the invoice below, in accordance with the terms outlined in the invoices and as agreed upon by both parties before signing the contract. The compensation covers the agreed-upon service fees, additional charges for extra parts, permitting fees, extra materials, or additional services requested by the county inspector or the client that are not included in the initial estimate, and any other expenses incurred during the provision of services.
The Client acknowledges that full payment is due promptly upon the project's start date. Failure to make timely payments may result in late fees, legal fees, and additional charges if a third party is hired to collect the overdue payment. In such cases, your personal data may also be shared with these third parties.
In the event that the Client wishes to terminate this Agreement before the completion of the agreed-upon services, the Client shall be liable for a termination fee equal to 40% of the total contract value. This termination fee is intended to cover the costs incurred, including but not limited to labor, materials, and administrative expenses, up to the point of termination.
AC Plus Heating & Air reserves the right to withhold the delivery of services or warranties or suspend work if any payment is overdue. Additionally, AC Plus Heating & Air retains ownership of all materials, equipment, or products provided until full payment is received. In the event of non-payment, AC Plus Heating & Air reserves the right to remove any installed materials.
The criteria for additional charges, such as parts, permitting fees, materials, or services not included in the initial estimate, will be communicated clearly and transparently.
TERM
This Agreement shall commence on the effective date and continue until terminated by either party in accordance with the termination provisions outlined in the termination section of this Agreement. Termination may occur due to events such as breach of contract, non-payment, or other relevant conditions.
CLIENT RESPONSIBILITIES
The Client agrees to:
a) Provide the Service Provider with accurate information regarding the equipment and services required.
b) The customer is also liable for ensuring the safety of workers while they are at the job site against hazardous materials, dangerous animals, traps, and other potential risks. Any harassment against our company employees can be considered a breach of contract, and AC Plus has the right to take legal action to seek compensation for medical and legal fees. c) Ensure that the premises and equipment are safe and suitable for the provision of the Services.d) Promptly notify the Service Provider of any issues or concerns related to the Services within a specified time frame.e) Make full payment once the equipment is delivered to the customer's house.f) Grant the Service Provider access to the premises and the equipment to perform the services, deliveries, collections, repairs, or inspections, removal.
TERMINATION
Termination can be initiated by AC Plus Heating & Air for events such as breach of contract, non-payment, or other relevant conditions. In the event that the client wishes to cancel the contract before the job is performed, a 40% restocking fee on the parts will apply, along with any associated labor, transportation, or damaged material costs.
In the event that the client wishes to cancel the contract after the job is started, a 70% restocking fee on the parts will apply, along with any associated labor, transportation, or damaged material costs. For any changes required, the client must contact AC Plus Heating & Air for consideration and approval.
CONFIDENTIALITY
The Client agrees to keep all paperwork, pictures, and technician information received from the Service Provider strictly confidential and not to disclose it to any third party without prior written consent, except as required by law. In the event of a breach of this agreement, AC Plus Heating & Air reserves the right to take legal action against the Client.
WARRANTY CLAUSE AND ANNUAL TUNE-UP PACKAGE
For customers investing in a new system, in addition to the manufacturer's warranty, we offer a 1 year limited labor warranty. This warranty is valid if the customer keeps up with our recommended annual tune-up package and adheres to our maintenance recommendations, as clearly specified in accompanying documentation. Customers are also responsible for following the manufacturer's guidelines to ensure the system's maintenance. This limited labor warranty does not include the replacement of major parts such as compressors, coils, motors, and refrigerants, as these services are labor-intensive. However, customers will benefit from discounted prices on such replacements as part of our commitment to ensuring satisfaction and affordability. Please note that terms and conditions are subject to change. For the most up-to-date information, please refer to our website.
COMPLIANCE WITH LOCAL LAWS
This Agreement complies with all relevant local laws and regulations governing service contracts. In the event of a disagreement, both parties agree to follow the outlined steps in the dispute resolution section to resolve issues without resorting to legal action.
MISCELLANEOUS
ENTIRE AGREEMENT AND AMENDMENTS
This Agreement constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior negotiations, understandings, or agreements, whether written or oral. Any amendments to this Agreement must be made in writing and approved by AC Plus Heating & Air.
AMENDMENT 1: At AC Plus, we prioritize the integrity and reliability of your HVAC systems and greatly value the trust you place in our services. For optimal performance and longevity, it is imperative that repairs and maintenance are performed exclusively by certified AC professionals. We cannot accept responsibility for any repairs if unauthorized individuals have attempted repairs or alterations.
We are committed to delivering high-quality service and endeavor to promptly and effectively address any issues with your units. However, unless customers agree to AC Plus's terms and conditions, available on our website (www.acplusfl.com), we regret that we cannot assume liability for repairs.
We acknowledge that despite regular tune-ups and maintenance, HVAC systems may encounter issues due to factors such as inadequate initial installation, system quality issues, or natural wear and tear over time. In such cases, we regret that we cannot guarantee full restoration of the system's operation and there will be fees associated with that.
NOTICES
a) All notices must be in writing and sent to the other party's address (or as otherwise designated). Delivery can be made by personal delivery, nationally recognized overnight courier, or certified/registered mail (return receipt requested). b) A notice is effective on receipt by the receiving party, and compliance with the requirements of this section is necessary for effectiveness.
INTERPRETATION OF TERMS
a) The terms "include," "includes," and "including" imply "without limitation." b) The word "or" is not exclusive. c) Words like "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement. d) Singular and plural words have interchangeable meanings. e) Words referring to any gender include all genders.
HEADINGS
The headings in this Agreement are for reference only and do not affect the interpretation.
SEVERABILITY
If any term or provision is invalid, illegal, or unenforceable in any jurisdiction, it doesn't affect other terms or provisions, and the court may modify the Agreement to maintain the original intent.
WAIVER
No waiver under this Agreement is effective unless it is in writing, identified as a waiver, and signed by an authorized representative of the waiving party. Each waiver is effective only for that instance and purpose.
CUMULATIVE RIGHTS
Rights and remedies provided in this Agreement are cumulative, and exercising one doesn’t preclude the others.
EQUITABLE RELIEF
For certain breaches, the injured party may seek equitable relief without posting a bond or proving damages.
ASSIGNMENT
The Client may not assign rights or delegate obligations without the Service Provider's written consent. The Service Provider may assign without restriction.
BINDING EFFECT
The Agreement binds the parties and their respective successors and assigns.
NO THIRD-PARTY BENEFICIARIES
The Agreement benefits only the parties and their respective successors and assigns.
GOVERNING LAW
The Agreement is governed by the laws of the State of Florida.
DISPUTE RESOLUTION
In the event of a disagreement between the parties concerning risk mitigation measures or adjustments to the business plan, the matter shall be subject to mediation or other dispute resolution mechanisms under this Agreement. Disputes not resolved through negotiation shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA).
INDEMNIFICATION
To the extent allowed by law, the Client agrees to indemnify and hold the Service Provider harmless from any losses or damages directly resulting from risks not adequately disclosed or managed, and not inherent to standard business risks.
COUNTERPARTS
The Agreement may be executed in counterparts, and electronic copies have the same legal effect.
NON-DISPARAGEMENT
The Client agrees not to make negative statements about the Service Provider, online or offline, and this obligation survives termination.
FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations under this Agreement due to unforeseen circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, government actions, fire, flood, or other natural disasters ("Force Majeure Event"). In the event of a Force Majeure Event, the affected party shall promptly notify the other party and make commercially reasonable efforts to resume performance as soon as practicable.