A service agreement in Nevada, which may also be referred to as a service contract, may be found in some types of sales contracts and warranties. Typically, a basic warranty will provide the customer with some general assurances related to quality or craftsmanship.
Service agreements can also outline what services a customer is eligible to receive when a product breaks or fails. A service contract may be included as a standard feature of a warranty or may be an optional purchase.
A service agreement is often provided when a customer buys a product, such as an appliance, vehicle, electronic item, or other types of items that may need regular repair or upkeep. It is common for the cost for services agreement benefits to be included in an overall sales price as well as any costs that are associated with the basic warranty.
These arrangements may also be referred to as service contracts or contracts for services, especially when associated with vehicle purchases. If an individual would like to find out more about service agreements in Nevada, especially before signing one, they should schedule a lawyer consultation.
What Do Service Agreements Cover?
It may be easier to understand what a service agreement may cover, it can be helpful to have an understanding of what contracts must contain. A legal contract is a type of agreement that is enforceable under contract laws.
Most legally binding contracts are signed and are in writing. In certain jurisdictions, an oral agreement may also be a legal contract.
Generally, it is usually best to have a contract in writing, especially if the subject of the contract is complex or if the contract involves valuable property. A legal contract can be entered into by people and businesses alike.
Legal contrast has to be entered into in a way that is fair to all parties involved and is also free from fraud, misrepresentation, and coercion. In order for a contract to be legally valid in Nevada, it also has to meet all of the requirements in federal and state law. There are some contract types that are required to be in writing, such as contracts for the sale of real property as well as contracts for the sale of goods over $500.
Legal contracts, generally, must include the following elements:
- Offer and Acceptance: One of the parties must make an offer and the other party must accept it. Both of these must be done clearly and unambiguously.
- Assent: Both of the parties who sign the contract have to mutually assent, or agree, to the contract terms.
- Consideration: Both parties must exchange something of value, often with one party providing goods or services and the other providing payment.
There are also certain terms that must be included in service agreements to make them valid, depending on the agreement itself and the product it covers. A service agreement can govern numerous different issues, such as:
- Repairs
- Diagnosis and troubleshooting
- Upgrading of parts or software
- Refunds and returns
- Replacement of worn parts
- Access to customer service
- Sending out a company service representative to conduct in-home or on-site repairs
What Is the Difference Between a Contract Agreement and a Service Agreement?
There are differences between service agreements and contracts. A service agreement is a type of contract that outlines terms of service between a service provider and a customer.
Even though every service agreement is a contract, not every contract is a service agreement. A contract is a legal document that is broader and can govern goods, employment issues, and other transactions.
Contracts are legally binding documents that outline the terms of an agreement between the parties that sign it. Even though a contract can be formed orally or in writing, as noted above, some contracts are only enforceable when in writing.
Sales contracts are specific types of contracts that are used for the sale and purchase of consumer goods. Usually, a sales contract will not be used to describe the sale of services.
Sales contracts, instead, are typically used for the sale of products in wholesale quantities and at wholesale prices. These contracts are typically used for a large purchase, such as for a vehicle, business, or real estate. They are governed by federal and state contract laws.
The laws governing the sale of goods are unique because they typically address the standards of professional conduct for merchants. One example of this would be a person or business that specializes in the sale of a product.
Because merchants typically have more knowledge and experience than individuals who are not engaged in the business, they are held to a higher standard. The laws that govern sales contracts for a merchant will often include exceptions in certain circumstances that are found in the Uniform Commercial Code (UCC).
What may be included in a sales contract varies depending on what is being sold. When there is a dispute that involves the sale of goods, the UCC will govern.
In order to create a sales contract that is valid, it should include certain information, including:
- The parties to the sales contract
- The type of product that is being sold
- The price and quantity of the goods being sold
- Payment method
- Terms of payment
- The date or dates of the sale
- Delivery and shipping terms, if applicable
How Are Service Agreements Created?
Service agreements are created by legal professionals who handle contract drafting and review. There are numerous companies that include a service agreement as a standard part of the sale of their merchandise.
If a merchant does engage in this practice, all consumers might be entitled to services if they make a purchase. In certain situations, salespeople may spend a lot of time negotiating the services that a customer will be entitled to so it can be included in the service agreement.
What if I Have a Legal Dispute Over a Service Agreement?
A service agreement, like any other provision that is included in a contract, can result in a legal dispute. This may happen for many different reasons, including errors in the wording of the contract or when the seller does not provide services they agreed to.
Lawsuits that arise related to service agreements typically request an economic damages award to reimburse the non-breaching party for their monetary losses. For example, if the seller does not complete a repair as promised under the service agreement, they may be required to pay the customer for monetary losses they suffered because of the breach.
Whenever a customer or business has an issue with a Nevada service agreement, they should consult with a Nevada lawyer for more information about the remedies that may be available to them.
Do I Need a Nevada Lawyer for Help With Service Agreements?
If you are a Nevada customer or business, your Nevada business lawyer can help you with any issues or concerns you have related to a service agreement, which can include negotiating, drafting, and signing the agreement. If you have a dispute about a service agreement, your attorney will be there to represent you in court.
In addition, your business attorney can help you negotiate a solution outside of the courtroom, which can save both money and time. LegalMatch can help you find a Nevada business attorney near you who is ready to get started on your service agreement concerns.
