Terms and Conditions

If you contract with UVAS, LLC, d/b/a Upper Valley Appliance Services 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 part or other goods we provide. It is your responsibility to familiarize yourself with these General Terms and Conditions of Service, before allowing our technician to commence work. Allowing our technician to commence service constitutes acceptance of all terms and conditions detailed herein.

NON-REFUNDABLE DIAGNOSTIC FEE

We charge a non-refundable service fee (the “Diagnostic Fee”) for all non-warranty visits to the Customer’s residence or business. The Diagnostic Fee will be quoted to you before our visit. The fee covers costs incurred by us for travel and the performance of diagnostic services by a trained Upper Valley Appliance Services technician. By accepting the Service Order, you acknowledge and agree to pay the Diagnostic Fee in full whether Upper Valley Appliance Services technician performs recommended repairs or not.

CANCELATION POLICY

If an appointment is not canceled 24 hours before the scheduled time, the customer will be invoiced for 50% of the diagnostic fee. This fee covers the time allocated by the technician for the visit and is non-refundable. We kindly ask for your understanding and cooperation in adhering to this policy, as it ensures fairness to our technicians and other customers needing our services. 

ESTIMATE

The estimate section of the Service Call summarizes the costs for the parts and services we estimate are required to repair your appliance(s) (the “Price Quote”). By accepting the Service Order, 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.

SERVICE CALL

While our Service Call includes the diagnosis or estimate, it is charged whether a diagnosis or estimate is required; the Service Call charge is incurred the moment the technician leaves our location, heading to your location. The Service Call fee includes the trip to the customer’s 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 NOR applied to the cost of a repair. 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. The appliance/s must be installed and accessible to the service technician. 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 Upper Valley Appliance Services technician will diagnose and determine what is necessary to perform the repair(s). Due to the complexity of some appliances, there can be additional underlying problems that 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 DO 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 exists. The customer will be responsible for the Service Call fee for 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, costs, and payment for any examinations or services performed by outside trade contractors. The customer will be responsible for paying Upper Valley  Appliance Services their service call fee.

PAYMENT TERMS AND COLLECTION COSTS

Payment is due and will be collected upon completion of the services unless we agree otherwise specifically in writing. Payment may be made by check or credit card. Any dishonored check or bank draft will be charged a processing fee of $50.00. You agree to pay all expenses incurred by Upper Valley Appliance Services technician for collecting 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. The duration of this warranty is thirty (30) days from as applicable (i) the date of your receipt of the part, or (ii) the date of repair or service. If during these thirty days, you discover a defect in the repairs, parts, or service you must promptly notify us in writing. Upper Valley Appliance Services technician’s obligation for defective parts and/or workmanship, and Customer’s exclusive remedy, shall be limited, at Upper Valley Appliance Services technician, 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 Upper Valley Appliance Services technician.

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 Upper Valley Appliance Services; d) repair of any appliance that has been moved from the location at which it was originally repaired or installed by Upper Valley Appliance Services; or e) repairs on appliances for which parts are no longer available from the original manufacturer. Additionally, Upper Valley Appliance Services 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.

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.

LIMITATIONS OF DAMAGES

UPPER VALLEY APPLIANCE SERVICES 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. UPPER VALLEY APPLIANCE SERVICES’ liability for damages is limited to the amount 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 Upper Valley Appliance Services 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 Vermont without regard to its choice of law principles.

12 V.S.A. § 5652. Validity of arbitration agreements

(a) General rule. Unless otherwise provided in the agreement, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties creates a duty to arbitrate, and is valid, enforceable, and irrevocable, except upon such grounds as exist for the revocation of a contract.

(b) Required provision. No agreement to arbitrate is enforceable unless accompanied by or containing a written acknowledgment of arbitration signed by each of the parties or their representatives. When contained in the same document as the agreement to arbitrate, that acknowledgment shall be displayed prominently. The acknowledgment shall provide substantially as follows:

“ACKNOWLEDGMENT OF ARBITRATION.

I understand that (this agreement/my agreement with of ) contains an agreement to arbitrate. After signing (this/that) document, I understand that I will not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration agreement unless it involves a question of constitutional or civil rights. Instead, I agree to submit any such dispute to an impartial arbitrator.” (Added 1985, No. 95, § 2.) 

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. If the appliance installation requires additional services, Upper Valley Appliance Services 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 Upper Valley Appliance Services does not provide, modification or repair of the location’s gas lines/valves, water valves, drains, power receptacles, electrical junction boxes, and dryer venting in the walls or floors. 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 that 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, and 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.

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 INSPECTING OR REPAIRING DEFECTIVE APPLIANCES

You understand there are inherent risks in such acts. There is a 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 the usual disassembly and inspection of the appliance impossible. Seized or partially failing parts may fail 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 Upper Valley Appliance Services, from any and every liability associated with any such damages as may occur in connection with these acts.

WAIVER OF DAMAGES WHEN MOVING APPLIANCES
You understand there is 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 Upper Valley Appliance Services 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 to 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 Upper Valley Appliance Services, 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 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 of this equipment and/or service work may involve imperfections that fail 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, Sloan Appliance Service 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 to Upper Valley Appliance Services, its agents, and employees from any such harm. 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 the same carries inherent risk. Diagnoses are not always straightforward, and, even when carefully performed, repair and/or service work may involve imperfections that fail 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. Upper Valley Appliance Services 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, Upper Valley Appliance Services 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 to Upper Valley Appliance Services, its agents, and employees from any such harm. By allowing the technician to commence work, you explicitly waive the right to any contrary claim. 

WAIVER OF DAMAGES FROM LIFTING GLASS COOKTOPS
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 Upper Valley Appliance Services 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 Upper Valley Appliance Services, its agents, and employees from any 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 the same carries inherent risk. Diagnoses are not always straightforward, and, even when carefully performed, repair and/or service work may involve imperfections that fail 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 Upper Valley Appliance Services, it’s agents, and employees from any such responsibility. By allowing the technician to commence work, you explicitly waive the right to any contrary claim.