Repair Terms of Service

The Appliance Shark, LLC

General Terms and Conditions of Service

​

If you contract with The Appliance Shark, 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 perform and the spare
parts 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. By visiting our website,
scheduling a Service Call, confirming an appointment, approving a repair, or
allowing our technician to commence service constitutes acceptance of all

terms and conditions detailed herein.

​

Payment and Conditions of Service Provision

​

It is the responsibility of the customer to familiarize themselves with terms
of service at time of scheduling and prior to allowing our technician to
commence provision of service. Scheduling of service with us implies full
acceptance of our terms and conditions as detailed, as does allowing our
technician to commence service. Acting either for yourself or for the party
listed on electronic or paper work order you agree to pay all the following

where applicable: any unpaid balance upon completion, 24% APR Interest and
service charges on any past due balance, a $30 service fee if your check or
credit card is not honored by the bank, necessary handling and return
charges if your work order is canceled in an untimely fashion, and any
necessary collection costs, including attorney's fees. Payment is due on
provision of service unless terms have been agreed or other previous

arrangements have been made.

​

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 waitlist 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 non returnable. 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.

​

Service Call

​

For the Service Call (also known as “Diagnostic Call or Inspection Call”, the
appliance must be installed and accessible to the service technician. The
Service Call fee includes the trip to the customers’ location, the initial
inspection, diagnosis, and written estimate of repair. The Service Call fee
DOES NOT cover any part of the repair and is NOT refundable. Repair
charges and Sealed System Service Call charges are separate from Service
Call fees. Our technicians cannot change or modify any previously agreed
upon charges. They can add charges if additional services are requested or
required. In case access to the unit is not provided by the customer,
additional fees may apply for the work performed to access the unit.

 

Based on the customer’s description of the issue, The Appliance Shark, LLC
service technician will diagnose the unit and determine what repair(s) will be
necessary to resolve the issue(s). Due to the complexity of some appliances
there can be additional underlying problems which cannot be determined
until an “initial repair” is made. In the event an appliance has an underlying
problem(s) an additional free diagnosis along with an additional revised
estimate and diagnosis will be provided. If our technician determines that
there is a failure in a sealed system, the additional free diagnosis and
inspection does not apply and a separate Sealed System inspection would

need to be performed.

​

If a technician cannot duplicate the customer’s complaint on the unit, the
customer will be responsible for the service call fee. If the technician arrives

and no problem is present, it will be considered as a diagnosis of “No
problem found” or “Operating properly”. The customer will be responsible
for the service call fee. If the problem is found to be intermittent, it may not
be able to be diagnosed. Intermittent problems are not always apparent and
cannot always be traced. The only time such a problem can be traced is when
the problem actually exists. The customer will be responsible for the Service

Call fee on an intermittent problem.

If the problem is caused, or possibly caused by a source other than the
appliance itself, the technician may recommend an examination by an
outside trade contractor to confirm or rule out the possible cause or
problem. The customer is fully responsible for any expenses, cost and
payment for any examinations or services performed by outside trade
contractors. The customer will be responsible to pay The Appliance Shark,

LLC their service call fee.

 

Sealed System Service Call

​

A Sealed System Service Call is separate and in addition to a standard Service
Call. The Sealed System Service Call fees and charges are also separate and in
addition to a standard Service Call. Sealed System Service Call fees and
charges are nonrefundable. A Sealed System Service Call is an in depth and
detailed inspection and diagnosis of a refrigeration appliances’ sealed system
components. This includes the compressor, condenser, evaporator, filter

drier, valves, copper and aluminum tubing, and refrigerant. Sealed systems
are very complex and precise. It is always possible that some or all failures in
a sealed system will not be readily apparent or repairable. Micro leaks or
blockages may be so small they are undetectable and only affect the
appliance over time. Failures may also be in locations of the appliance that
are unrepairable such as refrigerant leaks within the appliances’ outer walls.
It is also possible that the refrigerant used in the appliance is no longer
available to purchase. The customer accepts that The Appliance Shark, LLC
cannot guarantee the success of a sealed system inspection or repair and
releases The Appliance Shark, LLC from any and all liability arising from a

Sealed System Service or Repair call.

 

Multiple Appliances

​

The Appliance Shark, LLC often makes appointments for customers with
multiple appliances. At The Appliance Shark, LLC’s discretion, a discounted
Service Call fee will be charged for each additional appliance. Other than this
discounted Service Call fee, all other terms of our Service Call apply. Our
technicians CANNOT inspect, check, discuss, recommend, or “look at” any
appliance without first documenting the appliance in our records and

charging the appropriate Service Call fee.

 

Repair

​

Repair charges are separate from Service Call fees. Repair estimates and
charges are based on the job using The Original Blue Book Major Appliance
Job Rate Guide®. Repair estimates are NOT based on an hourly rate. They are
based on many factors including complexity, difficulty, risk, tools, training,
supplies required, and many other factors. Our technicians cannot change or
modify any previously agreed upon charges. They can add charges if
additional services are requested or required. In case access to the unit is not
provided by the customer, additional fees may apply for the work performed

to access the unit.

 

Standard Appliance Installation

​

Standard Appliance Installation services and charges cover the removal
and/or installation of an appliance, without the need to disassemble, disturb,
remove, alter, or uninstall appliances, cabinetry, countertops, flooring, doors,
doorways, or any other fixture or object. Standard Appliance Installation
services and charges assume the installation area is easily accessible and
does not require special services, effort, or additional technicians to deliver,
remove, or install any appliance. In the event that the appliance installation
requires additional services, The Appliance Shark, LLC will, at its discretion,
perform the services at additional charges or choose not to perform the

appliance installation.

​

Standard Appliance Installation services and charges do not cover, and The
Appliance Shark, LLC does not provide, modification or repair of gas, water
valves, drains, power receptacles, electrical junction boxes, and dryer vents.
It is the responsibility of the customer to ensure systems for the supply of
gas, water, electrical, drainage, or ventilation systems to facilitate cooling
and/or safe operation of equipment installed. We assume and accept that the
area and 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 that correct ventilation, electrical, water supply, water drainage
requirements have been met specific to the appliance installed. It is the
customer’s responsibility to make sure all systems meet local building codes,
and are available to facilitate installation using standard materials associated

with the installation of that type of appliance.

 

Warranty

​

Our Service Call and Repair warranty in regard to additional appliance issues
or a manufacturer's part failure is 90 days. Service Call and Repair warranty
is void if there has been additional work or inspections performed or damage
caused by a third party. The Service Call and Repair warranty is also void if
the customer chooses not to repair the appliance as diagnosed. There is no
warranty against additional or more extensive repairs, against other
problems that may occur on the same machine (even if involving what appear

to be identical symptoms), or against incidental damages. Parts carry the
manufacturer's warranty, which is usually 30-90 days dependent on
manufacturer. Customer will pay all shipping, handling, and processing costs
incurred to honor valid manufacturer’s parts warranties. Since these parts
are subject to availability from the manufacturer, we cannot guarantee the
time it will take to obtain these parts. If the manufacturer, for any reason,
does not honor their warranty, the customer is responsible for the cost of
these parts. In no event will shipping or handling fees be refunded. We do not
return electrical or special order parts. Repair charges (excluding warranty
parts costs) will apply if beyond the Service Call and Repair warranty period

or if these warranties are void.

 

Intermittent Condition

​

There is absolutely no labor warranty on any unit with an intermittent
problem. Since the problem is not always apparent, it cannot be traced. The
only time such a problem can be traced is when the problem actually exists.

 

Limitation of Liability

​

In the event inspections or repairs cannot be performed, are delayed for any
reason, or are not successful, our liability for damages including
consequential damages is limited to the amount actually paid by the

customer.

 

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 Inspecting or Repairing Defective Appliances

You understand there are inherent risks in such acts. There is risk of damage
to the machine itself, and to the failed part(s) and/or surrounding parts. Rust,
corrosion, stripped screws, and other issues caused by normal wear and tear
may make usual disassembly and inspection of the appliance impossible.
Seized or partially failing parts may fail completely upon disassembly, testing,
or inspection. In these situations surrounding parts can fail or be
inadvertently damaged. You promise to hold faultless, both the technician
and The Appliance Shark, LLC, from any and every liability associated with
any such damages as may occur in connection with these acts.

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 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 faultless, both the
technician and The Appliance Shark, 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 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.
Except for cases of gross, clearly proven, and explicitly identifiable
carelessness by the technician, you promise to hold harmless The Appliance
Shark, LLC Service, 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

​

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 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 canceled or failed events,
inability to service customers, etc. You acknowledge that, by undertaking to
service and/or repair your equipment, The Appliance Shark, 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 The Appliance Shark, LLC Service, 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 Sealed System Repair

​

You understand that refrigeration sealed system repairs consist of a
multiplicity of complex components, any of which can fail without warning,
and that any effort to service and/or repair 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. The Appliance
Shark, LLC 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,
The Appliance Shark, LLC 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 and exempt from liability The
Appliance Shark, LLC Service, it’s agents and technicians 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 The Appliance Shark, 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 liability The Appliance Shark, LLC, 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.

 

Waiver of Damages from Electrical Issues

​

You understand that electrical parts and systems consist of a multiplicity of
complex components, any of which can fail without warning, and that any
effort to service and/or repair 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 and exempt
from liability The Appliance Shark, LLC, 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.

 

Warranty / Extended Warranty / Service Contract Liability Release

​

The Appliance Shark, LLC may perform work on a customer’s appliance(s)
that is under a Manufacturer’s Warranty, Extended Warranty, or a Service

Contract. This repair will be made for due consideration. The customer
confirms that this repair will be paid for by the customer and it is the
customer’s responsibility to seek any payment or reimbursement from the
manufacturer’s warranty, extended warranty, or service contract if
applicable. Customer also agrees that the liability for the cost of this repair is
not waived and agree to be personally responsible for the cost of this repair
in the event the manufacturer / service contract company / extended
warranty provider fails to pay any portion of the charges for any reason. In
the event that the customer is directly billed for all or a portion of the cost of
repairs, customer agrees to remit said charges immediately, as well as the
reasonable cost of collection, including any attorney fees. Having been
advised and understanding the service technician will be as careful as
possible in undertaking the repairs, I hereby release The Appliance Shark,
LLC, its successors in interest; its past, present, and future owners, officers,
directors, agents, employees, technicians, insurers, reinsurers and assigns for
any and all liability, actual, express and implied, of damages, damage costs or
expenses of any kind arising out of and in the course of The Appliance Shark,
LLC, its agents or employees undertraining to repair any or all of your

appliances.