PRO TECHS REFRIGERATION, LLC. GENERAL TERMS AND CONDITIONS OF SERVICE
NOTICE REQUIRED BY SECTION 15-48-10 OF THE SOUTH CAROLINA CODE OF LAWS, 1976, IS HEREBY GIVEN THAT THE FOLLOWING AGREEMENT IS SUBJECT TO ARBITRATION.
CONDITIONS OF SERVICE PROVISION
If you contract with Pro Techs Refrigeration, 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 service call or repair, or allowing our technician to commence service constitutes acceptance of all terms and conditions detailed herein.
PAYMENT TERMS AND COLLECTION COSTS
Acting either for yourself or for the party listed on electronic or paper work order you agree the payment is due and will be collected upon completion of the services unless we agree otherwise specifically in writing. Payment may be made by cash, check, or credit card. Any dishonored check, bank draft, or credit card will be charged a processing fee of $60.00. You agree to pay all expenses incurred by Pro Techs, LLC for the collection of necessary handling and return charges if your work order is canceled in an untimely fashion, 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.
CANCELLATION OF SERVICE
For any appointment missed, cancelled, or changed without 24 hours’ notice, or otherwise mutually agreed, we reserve the right to charge an amount equal to 100% of the service call. You also agree to pay the shipping and handling costs and the cost of the parts if they are nonreturnable.
NON-REFUNDABLE SERVICE CALL FEE
Pro Techs Refrigeration, LLC charges a non-refundable Service Call Fee for all non-warranty visits to Customer’s residence or business. The Service Call Fee will be quoted to you prior to our visit. The Service Call fee covers costs incurred by us for travel and the performance of diagnostic services by a trained Pro Techs Refrigeration Service technician. By accepting the Service Call Order, you acknowledge and agree to pay the Service Call Fee in full whether Pro Techs Refrigeration performs recommended repairs or not. The Service Call fee DOES NOT cover any costs of the repair or labor. The fee is NOT refundable NOR can it be applied to the cost of the repair.
The customer is responsible for the Pro Techs Refrigeration, LLC non-refundable Service Call Fee for all non-warranty visits to Customer’s residence or business including the following: 1) If a Pro Techs Refrigeration technician cannot duplicate the customer’s complaint on the unit. 2) If the technician arrives and no problem is present, it will be considered as a diagnosis of “No problem found” or “Operating properly”. 3) If the problem is found to be intermittent, it may not be able to be diagnosed. 4) 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. In summary, for all non-warranty visits to Customer’s residence or business by Pro Techs Refrigeration, LLC the customer will be responsible to pay Pro Techs Refrigeration, LLC their service call fee.
* Please also see a) Sealed System Service Call and b) Multiple Appliances Service Call listed below for more details.
NON REFUNDABLE SEALED SYSTEM SERVICE CALL
Sealed System Service Call fees and charges are nonrefundable. A Sealed System Service Call is an 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. 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 Pro Techs Refrigeration, LLC cannot guarantee the success of a sealed system inspection or repair and releases Pro Techs Refrigeration, LLC from any and all liability arising from a Sealed System Service or Repair call.
Pro Techs Refrigeration, LLC is a service company. As a service company we have a reasonable expectation that an appliance, that we are servicing, has been installed to factory specifications. If a Pro Techs technician identifies a problem or a potential problem with an incorrect or faulty installation during the performance of his or her duties, the technician may inform the home owner, or responsible party or parties, of the issue and possibly recommend a professional installer be consulted. In some instances the technician may have access to the installation specifications and make that available to them. However Pro Techs will not correct an installation, or perform an installation, except to reinstall an appliance that was uninstalled to perform a service repair. In that case the appliance will be reinstalled exactly as we found it (therefore the original installer would continue to assume the responsibility for the installation configuration). The technician does not necessarily see how an appliance was installed during a service repair. If knowledge of the installation is not necessary for the repairs being done, then the technician has no reason (or responsibility) to access and inspect the installation and is not, and has not been, responsible for the installation. Obviously the technician cannot inform the responsible party concerning an installation, whether it is correct or faulty, that the technician has not inspected and has had no reason to inspect.
SERVICE CALL WITH MULTIPLE APPLIANCES
At Pro Techs Refrigeration, LLC’s discretion, a discounted Service Call fee will be charged for each additional appliance and listed on your estimate and final invoice. 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.
The estimate section of the Service Order summarizes the costs for the parts and service labor we estimate are required to repair your appliance(s) (the “Price Quote”). By accepting the Service Order Estimate, 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.
Repair charges are separate from Service Call fees. Repair estimates and charges are based on the job using current costs for labor, parts and miscellaneous expenses incurred. 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.
Pro Techs Refrigeration, LLC warranty includes Service Calls and Repairs Labor. For Service Calls the duration of the warranty is thirty (30) days from the date of service. For Repairs Labor the duration of the warranty is thirty (30) days from the date of service. If during these periods you discover a defect in the Service or Repair Labor you must promptly notify us in writing. The Service Call and Repair warranty is void if the customer chooses not to repair the appliance as diagnosed. Also, Service Call and Repairs Labor warranty is void if there has been additional work or inspections performed or damage caused by a third party. Pro Techs Refrigeration LLC obligation for workmanship shall be limited, at Pro Techs Refrigeration option, to the replacement of any workmanship or the refund of amounts paid by Customer for the said Service and Repair Labor. All warranty claims are subject to inspection and approval by Pro Techs Refrigeration.
Parts carry the manufacturer's warranty, NOT PRO TECHS REFRIGERATION, 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.
The warranties listed above 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, recommended for replacement by Pro Techs Refrigeration; d) repair of any appliance that has been moved from the location at which it was originally repaired or installed by Pro Techs Refrigeration, LLC; or e) repairs on appliances for which parts are no longer available from the original manufacturer. Additionally, Pro Techs Refrigeration shall be under no legal obligation to honor any warranty set forth herein unless Customer has paid all amounts owed under the applicable Invoice.
NO WARRANTY ON 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.
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 CUSTOMER.
LIMITATION OF DAMAGES
Pro Techs, 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 in connection with this agreement. Pro Techs Refrigeration 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 Pro Techs Refrigeration, LLC 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 South Carolina without regard to its choice of law principles. Any disputes arising under this Agreement shall be finally resolved by binding arbitration conducted by the American Arbitration Association in Columbia, South Carolina, in accordance with the Federal Arbitration Act and pursuant to the Commercial Rules of the American Arbitration Association. If the Federal Arbitration Act is inapplicable, then the Uniform Arbitration Act, § 15-48-10, et. seq., Code of Laws of South Carolina (1976), as amended, shall apply.
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. 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 inherent risk in the movement of appliances. There is risk of damage to the machine itself, and to areas surrounding its installation, including but not limited to flooring, cabinetry and counter tops. 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 Pro Techs Refrigeration, 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. Excepting for cases of gross, clearly proven, and explicitly identifiable negligence by the technician, you promise to hold harmless both the technician and Pro Techs Refrigeration, LLC, 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 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 cancelled or failed events, inability to service customers, etc. You acknowledge that, by undertaking to service and/or repair your equipment, Pro Techs Refrigeration 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 Pro Techs Refrigeration, LLC, 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 Lifting Glass 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 Pro Techs Refrigeration 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 Pro Techs Refrigeration, 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 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. Pro Techs Refrigeration, 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, Pro Techs Refrigeration, 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 Pro Techs Refrigeration, 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 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 and exempt from liability Pro Techs Refrigeration, 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
Pro Techs, LLC may perform work on a customer’s appliance(s) that is under a Manufacturer’s Warranty, Extended Warranty, or a Service Contract under two conditions. 1) The customer must initiate the repair through a dispatch from the manufacturer or retailer requesting Pro Techs Refrigeration to be the servicer. 2) At the time of service the customer must present a receipt of purchase to the Pro Techs Refrigeration Technician confirming the appliances is in warranty. If the above 2 conditions are not met, the customer will be charged out of warranty rates and accepts that this service will be paid for by the customer. If the above two conditions are met, this repair will be made for due consideration. Customer 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 Pro Techs Refrigeration, 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 Pro Techs Refrigeration, LLC, its agents or employees undertraining to repair any or all of your appliances.