General Terms and Conditions of Service
MD Appliance LLC
If you contract with MD Appliance LLC to do work for you (the "Customer"), the following terms and conditions ("General Terms and Conditions of Service") will apply to the services we deliver and the spare appliance parts we provide. It is your responsibility to inform yourself of these General Terms and Conditions of Service before allowing MD Appliance LLC technician to begin work. Allowing our technician to start service authorizes approval of all terms and conditions detailed herein.
Non-Refundable Diagnostic Fee ("Service Call")
We charge a non-refundable diagnostic fee (the "Service Call") for all visits to the Customer's residence or business. We will quote the diagnostic fee to you before our visit. This fee covers our travel costs and the performance of diagnostic services by MD Appliance LLC technician. By accepting the Service Order, you acknowledge and agree to: a) to pay the diagnostic fee in full whether MD Appliance LLC performs recommended repairs or not, and b) that the diagnostic fee will be credited toward the cost of the repair.
The Service Order's estimate section will but not necessarily include the costs of the parts, applicable sales tax, service-related labor, freight (shipping cost), other fees, and total estimated cost of the repair. By accepting the Service Order, you acknowledge that you agree to the Total estimated cost of the repair.
Payment Terms And Collection Costs
Payment is due and will be collected upon completion of the services unless we agree otherwise specified in writing. MD Appliance LLC accepts cash, check, VISA, MasterCard, Discover, or American Express as a payment form. For any dishonored check or bank draft, we will charge a processing fee of $25.00. In the case of Payment Disputes and Returned/Canceled Checks, we will require payment in full plus applicable fee in (7) seven days from the date on this Service Order. If we do not receive a payment within (7) seven days, we will refer you to an outside Collection Agency. The Collection Agency will pursue the collection action following the laws of the state of California. You agree to pay all expenses incurred by MD Appliance LLC to collect any unpaid amounts, including, but not limited to, all attorney's fees, filing fees, and costs.
For all part orders, Money Deposits are required. Money Deposit will include the part cost and the cost of freight. All the part orders from the manufacturer are final. For all canceled parts orders, a 30% restocking fee applies. Freight (the Shipping charges) are not refundable.
Unless otherwise noted, all the installed parts by MD Appliance LLC and related labor are warranted for thirty (30) days under normal household usage conditions. The duration of this warranty is applicable from (a) the date of your receipt of the part, or (b) the date of repair or service. If you discover a defect in the repairs, parts, or service during this thirty-day period, you must promptly notify us. Refrigerant charges and refrigerator water filters are excluded from the warranty. Parts for appliance brands such as Miele, Viking, Wolf, and Gaggenau are excluded from the warranty. There is no warranty on the parts not supplied or installed by MD Appliance LLC.
The foregoing warranties do not apply in any manner to the following:
- Repair or replacement of any appliances used for any commercial or industrial application.
- 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.
- Plumbing supply water lines to any appliance, whether replaced or recommended for replacement by MD Appliance LLC.
- Repair of any appliance that has been moved from the location at which MD Appliance LLC originally repaired it.
- Repairs on appliances for which parts are no longer available from the original manufacturer.
Additionally, MD Appliance LLC 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 Damages
MD Appliance LLC 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 connected with this Agreement. MD Appliance LLC liability for damages is limited to the amount actually paid by the Customer. This limitation does not apply to claims for personal injury.
These General Terms and Conditions of Service and each Service Order constitute the complete Agreement ("Agreement") between MD Appliance LLC and Customer and supersede all prior or contemporaneous agreements or representations, written or oral. This Agreement shall be governed by the laws of the state of California without regard to its choice of law principles.
It is the Customer's responsibility to inform 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 not enforceable, it 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 appliance itself and 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 MD Appliance LLC 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 appliance that's being worked on is connected with the building's plumbing system. There is an inherent risk that component failure, imperfect connections, and/or other faults could result in unintended leakage and 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 MD Appliance LLC, its principals, agents, and employees from any 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 appliance, refrigeration equipment consists 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. Even when carefully performed, repair this equipment and/or service work may involve imperfections that fail the appliance to function as intended. Such failures may lead to food spoilage, discomfort, inconvenience, and (particularly in commercial contexts) even loss of revenue associated with canceled or failed events, inability to service customers. You acknowledge that, by undertaking to service and/or repair your equipment, MD Appliance LLC 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 MD Appliance LLC, its agents, and employees from any 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 the surface fracturing. While expecting the technician to exercise every due care level, you nevertheless recognize that the Technician and MD Appliance LLC 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 MD Appliance LLC, its agents, and employees from any such responsibility. By allowing the technician to commence work, you explicitly waive the right to any contrary claim.