If you enter into a contract with Encore Appliance Repair, d/b/a Encore 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 replacement part(s) 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 SERVICE CHARGE
We charge a $95.00 non-refundable service fee (the “Service Charge”) for all non-warranty visits to the Customer’s residence or business. The Service Charge will be quoted to you prior to our visit. This fee covers costs incurred by us for travel and the performance of diagnostic services by a trained Encore Appliance Repair technician. By accepting the Service Order, you acknowledge and agree to a) to pay the Service Charge in full whether Encore Appliance Repair performs recommended repairs or not; and b) that the Service Charge will be included in the total cost to repair in the event that Customer agrees to have Encore Appliance Repair perform the recommended repair or replacement. If applicable, sales tax will be included in the total quoted Price.
PAYMENT TERMS AND COLLECTION COSTS
Payment is due and will be collected upon completion of the services unless we agree otherwise specified in writing. Payment may be made by cash, check, or credit card. Any returned check or bank draft will be charged a processing fee of $65.00. You agree to pay all expenses incurred by Encore 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.
LIMITED WARRANTY
For repairs, parts, and services provided by us, we warrant to you that the repairs, parts, and services we provide to you will be free from defects in material and workmanship unless otherwise discussed and noted on the Invoice. The duration of this warranty is ninety (90) days for parts and (30) days for labor from as applicable (i) the date of your receipt of the part, or (ii) the date of repair or service. If during this period, you discover a defect in the repairs, parts, or service you must promptly notify us. Encore Appliance Repair’s obligation for defective parts and/or workmanship, and Customer’s exclusive remedy, shall be limited, at Encore Appliance Repair’s 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 Encore 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 Encore Appliance Repair; d) repair of any appliance that has been moved from the location at which it was originally repaired or installed by Encore Appliance Repair, or e) repairs on appliances for which parts are no longer available from the original manufacturer. Additionally, Encore Appliance Repair shall be under no legal obligation to honor any warranty set forth herein unless the 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 CUSTOMERS.
Limitation of Damages
Encore 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. Encore Appliance Repairs’ liability for damages is limited to the amount actually paid by the customer. THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY.
ENTIRE AGREEMENT
These General Terms and Conditions of Service and each Service Order constitute the complete agreement (“Agreement”) between Encore Appliance Repair and Customer and supersede all prior or contemporaneous agreements or representations, written or oral.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the state of Florida without regard to its choice of law principles. Any disputes arising under this Agreement shall be finally resolved by binding arbitration conducted by a Florida court of law, in accordance with the Federal Arbitration Act and pursuant to the Commercial Rules of the American Arbitration Association.
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. We only provide services under these waivers and our price is based on the customer accepting our waivers. By requesting that we perform the work, 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 an inherent risk when moving appliances. There is a risk of damage to the machine 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 Encore 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 Encore 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 the 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 canceled or failed events, inability to service customers, etc. You acknowledge that, by undertaking to service and/or repair your equipment, Encore 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 Encore Appliance Repair, 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 Cook Top
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 surface fracturing. While expecting the technician to exercise every due level of care, you nevertheless recognize that the Technician and Encore 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 Encore Appliance Repair, 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.