Contract for Service: Terms & Conditions
If you contract with Appliance Professionals Unlimited, LLC., (d/b/a “Appliance Pro”) to do work for you (“Customer”), the following terms and conditions will apply to the services we perform and the spare part or other goods we provide. It is your responsibility to familiarize yourself with these General Terms and Conditions of Service, prior to allowing our technician to commence work.
Allowing our technician to commence service constitutes acceptance of all terms and conditions detailed herein.
TERMS OF SERVICE - NON-REFUNDABLE DIAGNOSTIC/TRIP FEE
We charge a non-refundable service fee for all non-warranty visits to Customer’s residence or business. The fee covers costs incurred by us for travel and the performance of diagnostic services by a trained and insured Appliance Pro Service Technician. By scheduling a service appointment, you acknowledge and agree A) to pay the Service fee in full AT THE TIME OF SERVICE whether Appliance Pro performs the recommended repairs or not; and B) that the service fee will be credited toward the cost to repair in the event the Customer agrees to have Appliance Pro perform the recommended repair IF and ONLY IF the Customer contracts Appliance Pro to perform the repair within 30 Days of the original diagnosis. AFTER 30 days of the original diagnosis, an additional service/diagnostic fee will be charged.
**CANCELLATION OF SERVICE**
When scheduling service with Appliance Pro, we specifically take time out of a Technician’s day to call on your location and service your product. When you forget, cancel, or change your appointment without proper notice, we miss the opportunity to fill that appointment time, and clients on our wait list miss the opportunity to receive services which results in a loss of revenue which cannot be recovered. Consequently, we reserve the right to charge 100% of the service call fee for any appointment missed, cancelled, or changed without 8 business hours notice or unless otherwise mutually agreed.
IF A TECHNICIAN SHOWS UP TO A SCHEDULED APPOINTMENT AND CUSTOMER IS A “NO SHOW” AT THE TIME OF SERVICE, A SECOND APPPOINTMENT WILL NOT BE SCHEDULED UNLESS THE FIRST SERVICE CALL FEE IS PAID IN FULL. THIS APPLIES TO SERVICE CALLS SCHEDULED FOR MANUFACTURER WARRANTY SERVICE CALLS AS WELL.
Appliance Pro operates by making service calls to Customer’s residence, business, and/or other property. Appliance Pro expects that Customer (or an Authorized representative of Customer that is NO LESS THAN 18 YEARS OF AGE) will be present for the service call at the time that Technician arrives in order to provide access to Customer’s residence, business, or property. Appliance Pro will still charge Customer the service call fee if for any reason its Technician is unable to gain access to Customer’s residence, business, or other property. IN ADDITION: Should the appliance in need of repair be inaccessible to the Technician due to any circumstance including but not limited to: flooring, cabinetry, stacked laundry (that must be unstacked for service), or any other such instance where the appliance cannot be worked on at the time of the specified visit, the Customer IS still responsible for the service call fee. Please refer to “WAIVER OF DAMAGES WHEN MOVING APPLIANCE”
Appliance Pro’s Technician will examine the appliance(s) that you have identified as having a problem. If services and goods are needed to repair your appliance(s), Technician will (1) provide you with a verbal diagnosis; (2) discuss the services and goods needed and estimated cost; and (3) obtain a verbal authorization from Customer to perform the work, that is undertake the services and use (or order) the goods needed for repair. (If parts are ordered, a second service fee will not be charged for the return trip to install ordered parts. Please see also: “DEPOSIT REQUIRED FOR AND NO REFUND AS TO NON-STOCK PARTS” ) If Customer is unable to be and/or not physically present, Appliance Pro’s Technician will try to contact Customer at the telephone number(s) provided by Customer to obtain the verbal authorization. Customer’s verbal authorization constitutes an acceptance of and agreement to pay for the services and goods and, at minimum, the repair estimate. If Appliance Pro’s Technician is unable to reach Customer for any reason to secure the verbal authorization to perform the work and, thus, cannot perform any work, or you do not agree to have the services and goods recommended by Appliance Pro performed, Customer is still responsible for payment of the service call fee. Detailed “Estimates” may also be emailed as requested by Customer.
Except that, as a courtesy to its Customers, if within thirty (30) days of the end time of the initial service call, Customer agrees to have the services and goods outlined by and in that initial service call performed by Appliance Pro, Appliance Pro in its sole discretion may credit that service fee charge to the charge for services and goods to be performed.
Further, except that as another courtesy to its Customer, Appliance Pro in its sole discretion may waive its service call fee for any subsequent service call by Appliance Pro ON THE SAME APPLIANCE, after its initial service call, as long as that subsequent service call is made within the next thirty (30) days of the preceding service call. This courtesy service call fee waiver only applies in cases wherein the service and goods have already been provided by Appliance Pro and Customer has paid all charges in full. Of course, any new or additional services and goods required in any subsequent service call and the charges therein are and remain the responsibility and obligation of Customer. Please see also “LIMITED WARRANTY”.
DEPOSIT REQUIRED FOR AND NO REFUND AS TO NON-STOCK PARTS:
Appliance Pro maintains certain stock parts on its service vehicles and in its warehouse. However, it is impossible to maintain every single part for every single appliance. If a part(s) is not in stock that is needed to complete Customer’s repair work, Appliance Pro requires Customer to provide no less than a 50% deposit on the full purchase price, including taxes, shipping, and other charges to secure the part(s), which is due and payable before the part(s) is ordered. If Customer cancels the repair at any time or for any reason after the part is ordered, Customer’s deposit will be forfeited and surrendered, as our distributors charge restocking fees, shipping, etc. Further, Appliance Pro does not provide a refund for any reason or under any circumstances for any non-stock part(s) ordered and utilized in a repair. If Appliance Pro is unable to obtain the part(s) within thirty (30) days, Appliance Pro will give Customer the option to cancel the part(s) and repair work and your deposit will be refunded, minus the Appliance Pro service call fee.
Once again, if a part is ordered and installed on Customer’s appliance, there is NO REFUND for said part under any circumstance whether appliance is in working condition or not. Often, there is no way to determine the integrity of some parts without first replacing another. There are instances that other parts could be faulty without knowing it until the initial part is replaced.
PAYMENT TERMS AND COLLECTION COSTS
Payment is due and will be collected AT THE TIME OF SERVICE. We DO NOT BILL. Payment may be made by GOOD check or credit card. Any dishonored check or chargeback will be charged a processing fee of $25.00, or whatever is maximum by law. You agree to pay all expenses incurred by Appliance Pro for the collection of any unpaid amounts including, but not limited to all attorney’s fees, filing fees and costs. Past due amounts shall bear interest at the annual rate of 18%, or the maximum otherwise allowed by law, whichever is less.
For repairs, parts and service provided by Appliance Pro, we warrant to you that the repairs, parts, and service we provide to you will be free from defects in material and workmanship. The duration of this warranty is thirty (30) days from as applicable the date the repair or service is completed, and includes only the SAME APPLIANCE, and SAME PROBLEM. If during this thirty-day period you discover a defect in the repairs, parts or service, you MUST promptly contact us. Appliance Pro’s obligation for defective parts and/or workmanship, and Customer’s exclusive remedy, shall be limited, at Appliance Pro’s option, to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for the said service and parts MINUS any shipping charges and original Service fee. All warranty claims are subject to inspection and approval by Appliance Pro.
Appliance Pro attempts to utilize Customer’s appliance manufacturer’s authentic parts in repairing the appliance. However, and within its sole discretion, Appliance Pro has and reserves the right to utilize appropriate substitute parts for that of Customer’s appliance manufacturer in performing the services and repair.
*Customer Supplied Parts*
Should Customer choose to supply his/her own replacement parts for a repair, and choose to contract Appliance Pro to install said customer-supplied parts, there will be NO WARRANTY on parts OR labor for said repair. A quote will be given for the service of installing the customer-supplied part(s), and in requesting Appliance Pro to perform the installation of the specified part(s), Customer agrees to pay any and all fees associated with the part installation. IN ADDITION: Customer agrees to hold harmless and faultless Appliance Pro, its Technicians, agents and employees from any damage and/or outcome resulting from the installation of customer-supplied part(s).
The foregoing warranties do no apply in any manner to the following: a) repair or replacement of any appliances used for any commercial or industrial application; b) cosmetic or non-functional parts, including but not limited to glass, trim, knobs, panels, racks, tanks, tubs, baskets, structural parts, doors, door liners and shelves; c) plumbing supply water lines to any appliance, whether replaced or recommended for replacement by Appliance Pro; d) repair of any appliance that has been moved from the location at which it was originally repaired or installed by Appliance Pro; or e) repairs on appliances for which parts are no longer available from the original manufacturer. Additionally, Appliance Pro shall be under no legal obligation to honor any warranty set forth herein unless Customer has paid all amounts owed under the applicable Price Quote.
THE WARRANTIES SER FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES EXTEND ONLY TO CUSTOMER.
LIMITATION OF DAMAGES
APPLIANCE PRO SHALL NOT BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY IN CONNECTION WITH THIS AGREEMENT. APPLIANCE PRO’S LIABILITY FOR DAMAGES IS LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER. THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY.
It is the responsibility of the customer to familiarize themselves with waivers we have in place surrounding the provision of any services we provide. We only provide services under these waivers and our price is based on the customer accepting these waivers. By requesting that we perform the service, you are accepting our waivers. If one or part of these waivers is found to not be enforceable that will not prevent the remaining waivers from being enforced.
WAIVER OF DAMAGES WHEN MOVING APPLIANCE
You understand there is inherent risk when moving appliances. There is risk of damage to the appliance itself, and to areas surrounding its installation, including but not limited to flooring, cabinetry, and countertops. You acknowledge the technician is NOT required to move the appliance. In exchange for his willingness to do so, you promise to hold harmless both the Technician and Appliance Pro from any and every liability associated with any such damage as may occur in connection with this movement.
WAIVER OF DAMAGES WHEN WORKING WITH WATER
You understand the machinery that is being worked on is connected with the building’s plumbing system, and whenever any machinery is so connected, there is an inherent risk that component failure, imperfect connections, and/or other faults could result in unintended leakage and/or flooding within the building, causing significant and sometimes catastrophic damage. Excepting for cases of gross, clearly proven, and explicitly identifiable negligence by the Technician, you promise to hold harmless both the Technician and Appliance Pro, its principles, agents, and employees from any and all damages, harms or liability that may result from such an occurrence. By allowing the technician to commence work, you explicitly waive the right to any contrary claim.
WAIVER OF DAMAGES FROM FAILED COOLING EQUIPMENT
You understand that, like any machinery, refrigeration equipment consists of a multiplicity of complex components, any of which can fail without warning, and that any effort to service and/or repair same carries inherent risks. Diagnoses are not always straightforward, and, even when carefully performed, repair this equipment and/or service work may involve imperfections that result in failure of the machinery to perform as intended. Such failures may lead to food spoilage, discomfort, inconvenience and (particularly in commercial contexts) even loss of revenue as associated with cancelled or failed events, inability to service customers, etc. You acknowledge that, by undertaking to service and/or repair your equipment, Appliance Pro is not accepting responsibility for any such risks. You agree all such risks are your own (and your company’s) alone, and you agree to hold harmless and exempt from liability Appliance Pro, its agents and employees from any and all such harms. By allowing the technician to commence work, you explicitly waive the right to any contrary claim.
WAIVER OF DAMAGES FROM LIFTING GLASS COOKTOP
You understand that, in lifting a glass/ceramic cooktop surface to access components below it, there is an inherent risk of breakage. The top is attached with strong adhesive, and it is not always possible to achieve separation without the surface fracturing. While expecting the technician to exercise every due level of care, you nevertheless recognize that the Technician and Appliance Pro explicitly refrain from accepting any responsibility of these risks. You agree all such risks are your own (and/or your company’s) alone and you agree to hold harmless and exempt from Appliance Pro, its agents and employees from any and all such responsibility. By allowing the technician to commence work, you explicitly waive the right to any contrary claim.
BASIC APPLIANCE INSTALLATION TERMS & CONDITIONS
Our standard install charge covers the following:
Removal and/or installation of an appliance, without need to disturb/remove cabinetry, countertops, flooring, or any other fixture. Does NOT include modification, and repair of gas, water valves, drains, power receptacles, electrical junction boxes, and dryer vents. It is the responsibility of Customer to ensure systems for the supply of gas and water, electrical, drainage, venting, etc. meet local building codes, and are available to facilitate installation using standard materials associated with the install of that type of appliance.
Appliance Pro does not install, modify or correct problems with services necessary to facilitate installation. These include but are not limited to electrical supply, water supply, water drainage, gas supply, dryer air vents, ventilation systems to facilitate cooling and/or safe operation of equipment installed.
Appliance Pro assumes and accepts that the area, systems or services which have been provided to accommodate the appliance installation have been prepared to conform to the needs of the appliance and meet all applicable regulatory requirements and codes. We do not verify correct ventilation, electrical, water supply, water drainage requirements have been met specific to the appliance installed.
Doorways, hallways, etc. must allow sufficient clearance to move the unit into the install location safely.
(Please also refer to “WAIVER OF DAMAGES WHEN MOVING APPLIANCE”)
Installation charge quoted DOES NOT include cost of materials such as vent hoses, water lines, gas lines, fittings, etc.
Where 2 people are required to install the appliance, such as with stacked washer/dryers, wall ovens, large refrigerators, large ranges, etc., this will incur an additional service charge in addition to charge for basic install.
Should we call to perform an install and find that installation cannot proceed and cannot be corrected while on site due to any one of the above criteria not being met, our standard service call fee will be due.
No Waiver: Any failure on the part of Appliance Pro to enforce or follow any aspect of this agreement, in whole or apart, is not and does not constitute a waiver of any aspect of this agreement and/or any right, relief, or remedy there under available to Appliance Pro.
No Oral Agreements: It is expressly understood that all terms, agreements, and conditions relating to this agreement are only those express in writing herein. It is expressly understood and agreed that any oral statement(s) made by Appliance Pro or its staff, Technicians, or other agents, representatives and/or employees does not modify, amend, add to, or otherwise change the terms of this agreement.
Severance: If any provision(s) of this agreement is/are held to be invalid, unenforceable, or illegal, it is understood and agreed that all remaining provisions of this agreement shall continue to be valid and in full force and effect.
These General Terms and Conditions of Service and each Service Order constitute the complete agreement (“Agreement”) between Appliance Pro and Customer to supersede all prior or contemporaneous agreements or representations, written or oral.