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Terms and Conditions -
By accepting the call out you agree to these Terms and Conditions
If you contract with Quality Appliance Repair to do work for you (the “Customer”), the following terms and conditions (“General Terms and Conditions of Service”) 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.
NON-REFUNDABLE DIAGNOSTIC FEE
We charge a non-refundable service fee (the “Diagnostic Fee”) for all non-warranty visits to Customer’s residence or business. The Diagnostic Fee will be quoted to you prior to our visit. The fee covers costs incurred by us for travel and the performance of diagnostic services by a trained Quality Appliance Repair technician. By accepting the Service Order, you acknowledge and agree to a) to pay the Diagnostic Fee in full whether Quality Appliance Repair performs recommended repairs or not; and b) that the Diagnostic Fee will be credited toward the cost to repair in the event that Customer agrees to have Quality Appliance Repair perform the recommended repair or replacement.
PAYMENT TERMS AND COLLECTION COSTS
Payment is due and will be collected upon completion of the services unless we agree otherwise specifically in writing. Payment may be made by debit or credit card. Any dishonored credit card number will be charged a processing fee of $25.00. You agree to pay all expenses incurred by Quality Appliance Repair 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. .
There is NO WARRANTY for Warranty repairs where we are contracted out on behalf of a manufacturer. You will have to contact your manufacturer for any warranty issues.
For repairs, parts and service provided by us, 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 to 1 year depending on which repair, ask which one you will fall under) days from as applicable (i) the date of your receipt of the part, or (ii) the date of repair or service. If during this thirty-day period you discover a defect in the repairs, parts or service you must promptly notify us in writing. Quality Appliance Repair obligation for defective parts and/or workmanship, and Customer’s exclusive remedy, shall be limited, at Quality Appliance Repair option, to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said service and parts. All warranty claims are subject to inspection and approval by Quality Appliance Repair.
The foregoing warranties do not 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 Quality Appliance Repair; d) repair of any appliance that has been moved from the location at which it was originally repaired or installed by Quality Appliance Repair; or e) repairs on appliances for which parts are no longer available from the original manufacturer. Additionally, Quality Appliance Repair 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 SET 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
Quality Appliance Repair 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. Quality Appliance Repair’ liability for damages is limited to the amount actually paid by the customer. THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY.
You agree to pay all expenses incurred by Quality Appliance Repair for any legal action brought forth onto Quality Appliance Repair by you (the customer) or on behalf of you (the customer) not limited to all attorney’s fees, filing fees and costs.
These General Terms and Conditions of Service and each Service Order constitute the complete agreement (“Agreement”) between Quality Appliance Repair and Customer and supersede all prior or contemporaneous agreements or representations, written or oral.
Waiver of Damages When Moving Appliance
You understand there is inherent risk in when moving appliances. There is risk of damage to the machine itself, and to areas surrounding its installation, including but not limited to flooring, cabinetry and counter tops. 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 Quality Appliance Repair 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’s 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 Quality Appliance Repair, its principals, 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, Quality Appliance Repair is not accepting responsibility for any such risks. You agree all such risks are your own (and/or your company’s) alone, and you agree to hold harmless and exempt from liability Quality Appliance Repair, it’s 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 Cook Top
You understand that, in lifting a glass/ceramic cook top 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 Quality Appliance Repair explicitly refrain from accepting any responsibility for 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 Quality Appliance Repair, it’s 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.
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