MINNEAPOLIS Commercial HVAC & Electric Maintenance

OUR COMMERCIAL MAINTENANCE AGREEMENT

  1. Payment for services is due as stated above by the first day of the month. Recurring payments are due on the 1st day of the month beginning on the first day of the month following the signature date of this agreement. All additional services are paid in full within 30 days of the start work date of the service project. Down payments may be required when the estimate is signed.  A 3% late fee will be added to the balance for each 30 days payment is delinquent.
  2. A 30% down payment is expected for any installation at the time of scheduling. Twin City Heating Air and Electric reserves the right to perform credit checks and change payment terms with notice to the client.
  3.  Prices are subject to change based on unforeseen changes in equipment pricing.  Twin City Heating Air and Electric agrees to notify the client prior to work being performed on any price changes.
  4. Any service outside of what is outlined above is subject to Twin City Heating and Air’s regularly flat-rate pricing.
  5. NOW AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client hires Twin City Heating Air and Electric to work under the terms and conditions hereby agreed upon by the Parties:
  6. Term. The term of this Agreement shall commence on that stated above and terminate 12 months from the start of this agreement unless otherwise noted above.
  7. The Service. Twin City Heating Air and Electric agree to perform the above-listed service at the intervals agreed upon and listed.
  8. Payment Amount. The Client agrees to pay Twin City Heating Air and Electric the aforementioned compensation for the services performed under this agreement quoted by individual project with specifically outlined job responsibilities on each project. Hereinafter known as the “Payment Amount”.
  9. Payment Method. The Client shall pay the Payment Amount After Each Service Request by cash or check within 30 days of receipt of the invoice. A 3% monthly late fee will be applied for late payments.
  10. Inspection of Services. Any compensation shall be subject to the client inspecting the completed Services of Twin City Heating Air and Electric. If any of the Services performed by Twin City Heating Air and Electric pursuant to this Agreement are defective or incomplete, the client shall have the right to notify Twin City Heating Air and Electric, at which time Twin City Heating, Air, and Electric shall promptly correct such work within a reasonable time.
  11. Code compliance:  Twin City Heating Air and Electric retain the right to ensure that the work completed in the project is code conforming.  This includes having timely access to the property after the project is completed and the right to inspect the HVAC portion of the project after the client has completed their portion of the work.  The client will be responsible for payment for additional work if needed for code conformity or corrections that may or may not be modifications to the original scope of work.  The client is also responsible for providing access to the project property for city code inspections and any needed code corrections and reinspection.
  12. If access is not provided within 30 minutes of the arrival of the technicians, a $95.00 service charge will be added to the monthly amount due and the appointment will be rescheduled.
  13. Time is of the essence. Twin City Heating Air and Electric acknowledge that time is of the essence in regard to the performance of all Services. All services will be provided by appointment based on Twin City Heating Air and Electric’s availability, and schedule.
  14. Confidentiality. Twin City Heating Air and Electric acknowledge and agree that all financial and accounting records, lists of property owned by Client, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client’s business is confidential (“Confidential Information”). Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, Twin City Heating Air and Electric shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit of Twin City Heating Air and Electric or any other person, except with the prior written consent of the Client.
  15. Return of Documents. Twin City Heating Air and Electric acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of the Client containing
  16. Confidential information shall be the sole and exclusive property of the Client and shall be returned to the Client upon the termination of this Agreement or upon written request of the Client. XI.
  17. Independent Contractor Status. Twin City Heating Air and Electric acknowledge that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Twin City Heating Air and Electric shall have no authority to bind or otherwise obligate the Client in any manner, nor shall the HVAC Provider represent to anyone that it has a right to do so. Twin City Heating Air and Electric further agree that in the event the Client suffers any loss or damage as a result of a violation of this provision, Twin City Heating Air and Electric indemnify and hold harmless the Client from any such loss or damage.
  18. Twin City Heating Air and Electric further agree that in the event the Client suffers any loss or damage as a result of a violation of this provision, Twin City Heating Air and Electric indemnify and hold harmless the Client from any such loss or damage.
  19. Safety. Twin City Heating Air and Electric shall, at his/her/their own expense, be solely responsible for protecting its employees, sub-HVAC Providers, material suppliers, and all other persons from the risk of death, injury, or bodily harm arising from or in any way related to the Services or the site where it is being performed (“Work Site”). In addition, Twin City Heating Air and Electric agrees to act in accordance with the rules and regulations administered by federal law and OSHA. Twin City Heating Air and Electric shall be solely responsible and liable for any penalties, fines, or fees incurred.
  20. Federal law and OSHA. Twin City Heating Air and Electric shall be solely responsible and liable for any penalties, fines, or fees incurred.
  21. Alcohol and Drugs. Twin City Heating Air and Electric agree that the presence of alcohol and drugs are prohibited on the Work Site and while performing their Services. If Twin City Heating Air and Electric or any of their agents, employees, or subcontractors are determined to be present or with alcohol or drugs in their possession, this Agreement shall terminate immediately.
  22. Successors and Assigns.
    The provisions of this Agreement shall be binding upon and inure to the benefit of heirs, personal representatives, successors, and assigns of the Parties. Any provision hereof which imposes upon Twin City Heating Air and Electric or Client an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon Twin City Heating Air and Electric or Client. The provisions of this Agreement shall be binding upon and inure to the benefit of heirs, personal representatives, successors, and assigns of the Parties. Any provision hereof which imposes upon Twin City Heating Air and Electric or Client an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon Twin City Heating Air and Electric or Client.
  23. Default. In the event of default under this Agreement, the defaulted Party shall reimburse the non-defaulting Party or Parties for all costs and expenses reasonably incurred by the non-defaulting Party or Parties in connection with the default, including, without limitation, attorney’s fees. Additionally, in the event, a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties shall be reimbursed by the other
    Party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal.
  24. Party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal.
  25. No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.
  26. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of Minnesota.
  27. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
  28. Additional Terms & Conditions: See description of services for any terms and conditions
  29.  Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all parties.
  30.  IN WITNESS WHEREOF the Parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers.

Something else you should know.  Our technicians do not work on commission so they won’t look for unnecessary repairs.  What makes our tune-ups different from other companies is that we start with a complete tune-up.  We include all of the checks and inspections without charging you extra.  Our aim is to provide you with the comfort of quality and the peace of dependability.

READY TO GET STARTED?

You can find out more about our Commercial Services by calling 763-757-4678 or by clicking the button below.

We service the Twin Cities and surrounding areas including Coon Rapids, Brooklyn Park, Blaine, Osseo, New Brighton and Minneapolis.