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. You are responsible for informing yourself of these General Terms and Conditions of Service before allowing the 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 diagnostic services performed by MD Appliance LLC technicians. By accepting the Service Order, you acknowledge and agree to: a) 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.

Estimate

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 the 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, checks, VISA, Master Card, Discover, or American Express as a payment form. We will charge a processing fee of $25.00 for any dishonored check or bank draft. 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.

Money Deposits

We require Money Deposits for all Parts orders. The Money Deposit will include the cost of the part and the cost of freight. All part orders from the manufacturer are final. For all canceled parts orders, a 30% restocking fee applies. Freight (the Shipping charges) are not refundable.

Limited Warranty

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. You must promptly notify us if you discover a defect in the repairs, parts, or service during this thirty-day period. The warranty does not cover refrigerant charges and refrigerator water filters. 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 supplies water lines to any appliance, whether it has been replaced or recommended for replacement by MD Appliance LLC.
  • Repair any appliance moved from the location at which MD Appliance LLC initially 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.

Damage Waivers

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 being worked on is connected to 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. You explicitly waive the right to any contrary claim by allowing the technician to commence work.

  • Waiver of Damages from Failed Cooling Equipment

    You understand that, like any appliance, refrigeration equipment consists of complex components that can fail without warning and that any effort to service and/or repair the same carries inherent risks. Diagnoses are not always straightforward. Even when carefully performed, repair of this equipment and/or service work may involve imperfections that prevent the appliance from functioning 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 and inability to service customers. You acknowledge that MD Appliance LLC is not accepting responsibility for such risks by undertaking the service and/or repair of your equipment. 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 harm. You explicitly waive the right to any contrary claim by allowing the technician to commence work.

  • 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 cooktop 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 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 MD Appliance LLC, its agents, and employees from any such responsibility. You explicitly waive the right to any contrary claim by allowing the technician to commence work.