Special Waivers, Terms and Conditions of Sale & Service.
General
These Special Terms and Conditions, and Waivers apply to all work performed by dba Mr Appliance of Richmond Tx, and dba Mr Appliance of Brenham & Bryan/College Station Tx.
These are separate and in addition to those provided by Mr. Appliance LLC with the Work Order/Invoice. Both documents apply. If conflict between these terms and the Mr Appliance LLC terms provided with the work order/invoice arises, this document shall take precedence.
DIAGNOSTIC FEE
We charge a non-refundable “Diagnostic Fee” for all visits to the Customer’s residence or business. The Diagnostic Fee will be quoted to you prior to our visit and is published on our website. The fee covers costs incurred by us for travel as well as the performance of diagnostic services by a trained Service Professional. If a deep diagnosis is required, additional charges may be incurred. Deep diagnosis involves greater disassembly than normal or consumable materials. By accepting the Service Order, you acknowledge and agree to:
- to pay the Diagnostic Fee in full whether the repair is performed or not;
- that the Diagnostic Fee will be credited toward the cost to repair if Customer agrees to have the repair performed and
- the Diagnostic Fee credit is only valid for 15 days after the quote has been provided.
ESTIMATE
The estimate section of the Service Order summarizes the costs for the parts and service we estimate are required to repair your appliance(s) (the “Price Quote”). By accepting the Service Order, you acknowledge that you agree to the terms of the Price Quote and the agreed upon scope of work. If applicable, sales tax is included in the Price Quote.
It is agreed that Mr Appliance of Richmond Tx, or Mr Appliance of Brenham & Bryan/College Station Tx
1. Damage caused to the customer’s property as a result of obtaining access to internal components.
2. Additional work beyond that specifically mentioned in this estimate and proposal including, but not limited to, any additional work revealed to be necessary as a result of performing the specified work.
3. Any repairs, installation, removal or replacement of non-electrical items or activities including but not limited to: concrete, paving, asphalt, slabs, sidewalks, driveways, patios, pools, shrubbery, grass lawns, fences, plumbing and fixtures, painting, decorations, plastering, sheetrock and other wall coverings, glass, carpentry, millwork, cabinets, floors, carpeting, floor surfaces and preparation, roofing, flashing, sheet metal gutters, downspouts, brick, stonework, extension walls, steel and other framework. Customer accepts full responsibility for the prompt payment of all costs of this agreement even though customer may intend to obtain reimbursement from others such as landlords, tenants, insurance companies and tort feasors.
4. The proposal and said specifications shall not be altered or modified except by written agreement between the parties hereto and verbal understandings and agreements with representatives shall not be binding unless set forth herein.
CANCELLATION OF SERVICE
When scheduling service with us, we specifically take time out a technicians’ day to call on your location and service your product. When you forget, cancel, or change your appointment without giving enough notice, we miss the opportunity to fill that appointment time, and clients on our wait list miss the opportunity to receive services which in turn results in a loss of revenue which cannot be recovered. We also incur shipping and handling costs in addition to any parts purchased to complete a customer approved repair. You agree to pay these shipping and handling costs as well as the cost of the parts if they are nonreturnable. Consequently, we reserve the right to charge an amount equal to 100% of the service call amount for any appointment missed, canceled, or changed without 24 hours’ notice or otherwise mutually agreed.
LIMITED SERVICE WARRANTY
Mr. Appliance of Richmond Tx., or Mr. Appliance of Brenham & Bryan/College Station Tx. warrants, to the extent stated herein, appliance service or repair furnished by it, and includes Parts and Workmanship ONLY.
The stated warranty period commences when the appliance's service or repair is completed.
Purchaser understands that Mr. Appliance of Richmond Tx., or Mr Appliance of Brenham & Bryan/College Station Tx. liability under this warranty is limited to repair/replacement of the parts provided during the original repair replacement, or refund of purchaser's money, and does not extend to property damage resulting from equipment/part failure, overload, or misuse of the appliance during the agreed upon warranty period. This warranty gives you specific legal rights. You may also have other rights which vary from state to state. This warranty is given by the franchisee only and not by Mr. Appliance LLC.
Mr. Appliance of Richmond Tx, or Mr Appliance of Brenham & Bryan/College Station Tx. must be provided the opportunity (opportunities) needed to evaluate the warranty claim and rectify the issue. The remedy (repair, replace, or refund) is at the sole discretion of Mr. Appliance of Richmond Tx or Brenham & Bryan/College Station. The claim must be made within the warranty period.
For Residential service, the warranty period is 12 months.
For Commercial service, the warranty period is 1 months.
The foregoing warranties do not apply in any manner to the following:
- customer-provided parts;
- cosmetic or non-functional parts, including but not limited to glass, trim, knobs, panels, racks, tanks, tubs, baskets, structural parts, doors, door liners, filters and shelves;
- plumbing supply water lines to any appliance, whether replaced or recommended for replacement;
- repair of any appliance that has been moved from the location at which it was originally repaired; or
- repairs on appliances for which parts are no longer available from the original manufacturer.
Additionally, Mr Appliance of Richmond Tx. or Mr Appliance of Brenham & Bryan/College Station 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.
LIMITATION OF LIABILITY
In the event inspections or repairs cannot be performed, are delayed for any reason, are not successful, are part of a warranty claim, or cause any damages to the homeowners property, our liability for damages including consequential damages is limited to the amount actually paid by the customer.
Furthermore, without exception, you promise to hold harmless and protect Mr Appliance of Richmond Tx, Mr Appliance of Brenham & Bryan/College Station Tx., its principals, agents and employees from any and all damages, harms or liability.
DAMAGE WAIVERS
It is the responsibility of the customer to familiarize themselves with waivers we have in place surrounding the provision of any services we provide. These waivers are applicable for all work performed and are assumed and accepted once you allow our technician to commence provision of service.
WAIVER OF DAMAGES WHEN MOVING APPLIANCE
You understand there is inherent risk in such movement. There is risk of damage to the machine itself, and to areas surrounding its installation, including but not limited to flooring, cabinetry, counter tops, and people. You acknowledge the technician is not required to move the appliance. In exchange for his willingness to do so, you promise to hold faultless, the technician and Mr Appliance of Richmond Tx, Mr Appliance of Brenham/Bryan College Station Tx., its principals, agents and employees, 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. Without exception, you promise to hold harmless and protect Mr Appliance of Richmond Tx, Mr Appliance of Brenham & Bryan/College Station Tx., its principals, agents and employees from any and all damages, harms or liability that may result from such an occurrence. You explicitly waive the right to any claim by allowing the technician to commence work.
WAIVER OF DAMAGES FROM FAILED COOLING
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 risk. Diagnoses are not always straightforward, and, even when carefully performed, repair 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, Mr Appliance of Richmond Tx, or Mr Appliance of Brenham & Bryan/College Station Tx. 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, protect, and exempt from liability Mr Appliance of Richmond Tx, or Mr Appliance of Brenham & Bryan/College Station Tx., it’s agents and employees from any and all such harms. You explicitly waive the right to any claim by allowing the technician to commence work.
WAIVER OF DAMAGES FROM SEALED SYSTEM REPAIR
You understand that refrigeration sealed system repairs 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 risk. Diagnoses are not always straightforward, and, even when carefully performed, repair and/or service work may involve imperfections that result in failure of the machinery to perform as intended. Refrigeration sealed systems carry the additional risk involved in soldering and/or welding the copper or aluminum tubing in a sealed system. Often this work is performed in a customer’s home in confined and restrictive spaces. This creates additional risks from the heat and flames generated in the soldering or welding process. Mr Appliance of Richmond Tx, or Mr Appliance of Brenham/Bryan College Station Tx. technicians will take care to avoid such risks and any resulting damage however those risks are not always apparent or avoidable. You acknowledge that, by undertaking to service and/or repair your equipment, Mr Appliance of Richmond Tx or Mr Appliance of Brenham and Bryan/College Station Tx. is not accepting responsibility for any such risks or damage. You agree all such risks are your own (and/or your company’s) alone, and you agree to hold harmless, protect, and exempt from liability Mr Appliance of Richmond Tx, Mr Appliance of Brenham & Bryan/College Station Tx., it’s agents and employees from any and all such harms. You explicitly waive the right to any claim by allowing the technician to commence work.
WAIVER OF DAMAGES FROM LIFTING GLAS 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 Mr Appliance of Richmond Tx or Mr Appliance of Brenham & Bryan/College Station Tx. 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, protect, and exempt from liability Mr Appliance of Richmond Tx or Mr Appliance of Brenham & Bryan/College Station Tx., it’s agents and employees from any and all such responsibility. You explicitly waive the right to any claim by allowing the technician to commence work.
WAIVER OF DAMAGES FROM ELECTRICAL ISSUES
You understand that electrical parts and systems 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 risk. Diagnoses are not always straightforward, and, even when carefully performed, repair and/or service work may involve imperfections that result in failure of the machinery to perform as intended. A large number of electrical issues can damage components. Some examples are lightning, power surges, incorrect or deficient wiring, fluctuations, and other component failures. You acknowledge that electrical damage can happen at any time and for reasons that often cannot be traced or proven. You agree all such risks are your own (and/or your company’s) alone, and you agree to hold harmless, protect, and exempt from liability Mr Appliance of Richmond Tx or Mr Appliance of Brenham & Bryan/College Station Tx., it’s agents and employees from any and all such responsibility. You explicitly waive the right to any claim by allowing the technician to commence work.