Thank You For Choosing Brook-Mill Appliance Repair / Updated 12/08/22
Effective 1/1/23 We will not longer perform Carry-in TV or Electronics Repair
GENERAL TERMS AND CONDITIONS OF SERVICE
If you choose to contract with Brook-Mill Appliance Repair to do work for you (the “CUSTOMER”, the following terms and conditions (“General Terms and Conditions of Service”) will apply to the appliance or other products we service (the “APPLIANCE”), as well as repair parts, assemblies, accessories, supplies and/or other goods we provide (the ”PARTS”). In addition will apply to on-site travel and diagnostic charges (the “SERVICE CALL”), as well as charges for repair of the APPLIANCE (the “LABOR”)
It is your responsibility to familiarize yourself with these General Terms and Conditions of Service, prior to allowing our technician to commence work. Confirming an appointment and/or 3RD PARTY / WARRANTY dispatch for our technician to enter and/or commence service work on site constitutes acceptance of all terms and conditions detailed herein.
LEGAL ENTITY & LOCATION
SERVICE FIRST PROPERTY MANAGEMENT, LLC dBA “Brook-Mill Appliance Repair” is based and operates within the state of Indiana. You understand and agree that it is your responsibility to make Brook-Mill Appliance Repair aware of any special local conditions when traveling, such as but not limited to weather, utility outages, local closures, road closures, local emergencies, special rules and/or regulations and/or any other local restrictions or encumbrance.
NON-REFUNDABLE SERVICE CALL FEE
We charge a non-refundable travel and diagnostic service fee (the “SERVICE CALL”) for all non-WARRANTY or 3RD PARTY covered diagnostic visits to Customer’s residence, property or business. The SERVICE CALL will be quoted to you prior to our visit. This fee covers costs incurred by us for travel and the performance of diagnostic services by a Brook-Mill Appliance Repair technician. The SERVICE CALL charge is valid for Thirty (30) Days, and is a one time fee not charged for every trip.
By confirming an appointment, you acknowledge and agree
A) to pay the SERVICE CALL in full while the technician is on site. Whether Brook-Mill Appliance Repair performs recommended repairs or not; and
B) that the SERVICE CALL will NOT be credited toward any other cost of repair such as additional Parts, Labor or Miscellaneous charges.
ESTIMATE
You will be provided an estimate for costs to repair your appliance(s) or product(s) prior to the technician beginning repair work. The electronically provided WORK ORDER document summarizes the costs for the PARTS and LABOR we estimate are required to repair your APPLIANCE (the “PRICE QUOTE”). By signing the WORK ORDER completion screen, you acknowledge that you agree to the terms of the PRICE QUOTE and the agreed upon scope of work. If applicable, Indiana sales tax is included in the PRICE QUOTE. Please provide us reasonable notice as soon as possible for changes to a PRICE QUOTE or estimate.
Brook-Mill Appliance Repair reserves the right to take reasonable action without prior customer approval such as but not limited to; an emergency action to prevent bodily injury, property damage, water or fuel gas leakage, electrical shock, fire safety and/or to rectify an unsafe or dangerous work area or installation. These actions may result in LABOR charges above the initial agreed SERVICE CALL amount. A minimum repair may be required such as but not limited to cleaning of a difficult to access appliance while it is removed from the installation.
PAYMENT TERMS AND COLLECTION COSTS
Payment is due while the technician is on-site and will be collected upon completion of the services requested, unless we agree otherwise specifically in writing. Payment may be made by cash, check (With Valid ID) or credit card. You will be provided with an electronic e-mailed copy of the WORK ORDER document which will serve as your invoice, receipt and copy of the PRICE QUOTE
Any dishonored check or bank draft will be charged a processing fee of $25.00. You agree to pay all expenses incurred by Brook-Mill Appliance Repair for the collection of 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.
TECHNICIAN SAFETY
You understand and agree that it is your responsibility to make available a safe, accessible and clean work area at your property, home and/or business.
You must provide the technician a safe, legal parking space within a reasonable distance of the work area.
The APPLIANCE must be in a serviceable position, accessible to our technician(s). located indoors, within an appropriately climate controlled structure, free of hazards or encumbrance.
Winter conditions require additional attention prior to technician arrival, for example driveway and/or walkway must be clear from ice, snow, debris and/or other hazards
Customer pets, dogs and/or other animals are not permitted within a technician's work area.
The presence of an aggressive dog or other animal in the work area will not be tolerated and will result in termination of service and/or future service.
You understand and agree that any workplace injury sustained from any dog bite and/or animal attack will be documented and prosecuted under the full extent of any applicable laws, and will be grounds for immediate termination of any service and/or future service without notice.
We require an adult be present during service work due to the complex and dangerous nature of an emergency onsite repair call. A technician can be working with flammable gasses or other dangerous tools. You understand and consent to the on-site use of oxygen, acetylene, propane, butane and/or other flammable gasses such as refrigerants or inert purge gasses. You understand and consent to the use of open flame torches, electrical soldering and/or brazing equipment and the presence of dangerous sharp metal edges, electrical, fire, gas hazards, and/ or dangerous tools in the work area.
IT IS YOUR RESPONSIBILITY TO PROTECT CHILDREN AND/OR PETS FROM HAZARDS PRESENT IN A JOB-SITE WORK AREA.
GOOD FAITH WORKING RELATIONSHIP
Please courteous and professional with technicians and our office staff.
Threatening or aggressive behavior toward our staff will result in the immediate termination of service and/or future service.
Any request for illegal or fraudulent actions will result in immediate termination of service and/or future service.
You may decline further services at any time, Please do not request a technician or staff obtain you a replacement or exchanged product. We are a local repair provider only.
It may be necessary to remove an APPLIANCE from your residence or property for extended troubleshooting and/or diagnostic testing. You will be asked to consent to this on the WORK ORDER document if deemed necessary for an effective repair and/or diagnosis.
WARRANTY / 3RD PARTY
We require confirmation of any manufacturer WARRANTY and/ or 3RD PARTY “warranty” insurance contract coverage PRIOR to confirming an appointment or dispatching a technician on site. Some providers may require additional inspection, issuance of a service order or dispatch reference number etc.
If you choose to confirm an appointment without confirmation of WARRANTY or 3RD PARTY coverage we will not be responsible to refund or back-date any cost(s), expenses or loss associated with an APPLIANCE which was under a coverage at the time of service.
Brook-Mill Appliance Repair will make every good faith effort to communicate with you special terms and conditions of any coverage or warranty in effect at the time of service.
We are only a local provider of repair and evaluation services and as such we will only provide a good faith field repair or evaluation on your covered APPLIANCE.
Brook-Mill Appliance Repair is not responsible for a manufacturer WARRANTY or 3RD PARTY entity denial and/or removal of warranty and/or insurance coverage based on our evaluation and/or inspection of your APPLIANCE.
It is not the responsibility of Brook-Mill Appliance Repair to negotiate with any
WARRANTY and/or 3RD PARTY on your behalf for any reason.
Any request for Brook-Mill Appliance Repair, its principals, agents and/or employees, to falsify, exaggerate and/or omit any information, inspection, repair attempts, damage, loss, hazards and/or documentation/evidence of any kind will be grounds for immediate termination of service and/or future service without notice.
LIMITED WARRANTY
For non-SEALED SYSTEM repairs, parts and service provided by us, we warrant to you that the repairs, parts and service we provide to you will be free from defects in material and workmanship. The duration of this warranty is ninety (90) days from as applicable (i) the date of your receipt of the part, or (ii) the date of repair or service. If during this ninety-day period you discover a defect in the repairs, parts or service you must promptly notify us in writing. Brook-Mill Appliance Repair’s obligation for defective parts and/or workmanship, and Customer’s exclusive remedy, shall be limited, at Brook-Mill Appliance Repair’s option, to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said the service and parts. All warranty claims are subject to inspection and approval by Brook-Mill Appliance Repair
For SEALED SYSTEM repairs, (defined as repairs internal to a sealed refrigeration system ONLY) - parts and service provided by us, we warrant to you that the LABOR ONLY we provide to you will be free from defects in material and workmanship. The duration of this warranty is one (1) year from as applicable (i) the date of your receipt of the part, or (ii) the date of repair or service. If during this one (1) year period you discover a defect in the repairs, parts or service you must promptly notify us in writing. Brook-Mill Appliance Repair’s obligation for defective parts and/or workmanship, and Customer’s exclusive remedy, shall be limited, at Brook-Mill Appliance Repair’s option, to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said the service and parts. All warranty claims are subject to inspection and approval by Brook-Mill Appliance Repair
The foregoing warranties do not apply in any manner to the following:
a) repair or replacement of any APPLIANCE used for any commercial or industrial application.
b) cosmetic or non-functional appearance parts, including but not limited to glass, trim, knobs, panels, racks, tanks, tubs, baskets, structural parts, doors, door liners and shelves.
c) external plumbing water, electrical or gas supply, or drain lines to any appliance, whether replaced or recommended for replacement by Brook-Mill Appliance Repair.
d) repair of any APPLIANCE that has been moved from the location at which it was originally repaired or installed by Brook-Mill Appliance Repair.
e) repairs on an APPLIANCE for which parts are no longer available from the original manufacturer.
f) repairs on APPLIANCE greater than 10 years from original Manufacture Date
g) APPLIANCE used or operated in non-code compliant installations or systems
h) APPLIANCE used or operated with non-industry standard installations such as but not limited to improper water supply plumbing, restricted dryer vent tubing, improper gas supply, improper electric supply, non-standard drain/vent installations, inadequate floor support and/or inadequate/non-standard physical installation space.
i) Customer provided repair parts, accessories or supplies, as well as installation labor, service call and/or other costs, damages or loss in relation to Customer sourced parts, accessories and/or supplies.
j) Repair parts, accessories, supplies and/or services provided at no cost as a Customer courtesy
k) We will not warranty APPLIANCE repaired by another service provider or repaired by the Customer, even if repair action is recommended by Brook-Mill Appliance Repair.
Additionally, Brook-Mill Appliance Repair shall be under no legal obligation to honor any warranty set forth herein unless Customer has paid all amounts owed under the applicable SERVICE CALL, PARTS, LABOR and/or 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.
WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANY CUSTOMER AT ANY TIME FOR ANY REASON
YOU CONSENT TO INSPECTION PHOTOS / AUDIO/VIDEO / AND/OR OTHER MONITORING WHILE AN EMPLOYEE IS ON SITE
Brook-Mill Appliance Repair MAINTAINS A STRICT NO COCKROACH POLICY
WE WILL NOT UNDER ANY CIRCUMSTANCES SERVICE OR REPAIR AN APPLIANCE WITH EVIDENCE OF A PAST OR PRESENT COCKROACH INFESTATION
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 Moving Appliance
You understand there is inherent risk when moving appliances. 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 harmless both the technician and Brook-Mill Appliance Repair 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 Brook-Mill Appliance Repair, 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 canceled or failed events, inability to service customers, etc. You acknowledge that, by undertaking to service and/or repair your equipment, Brook-Mill Appliance Repair 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 Brook-Mill Appliance Repair, 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 Brook-Mill Appliance Repair 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 Brook-Mill Appliance Repair, 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.
DAMAGE CLAIM PROCEDURE
You understand that in signing the completed Work Order software screen you have inspected and released the APPLIANCE being serviced as well as, but not limited to the work area, parking and /or entry area in question. ANY DAMAGE CLAIM MUST BE MADE WITHIN 24 HOURS OF SERVICE BY CONTACTING OUR BUSINESS OFFICE.. IF YOU DECLINE TO BE PRESENT AND AVAILABLE DURING YOUR SERVICE APPOINTMENT YOU WAIVE ANY RIGHT TO A MAKE DAMAGE CLAIM
Damage claims will not be accepted when a customer signed WORK ORDER document is present. Any damage claim will be subject to requests for documentation, photo or video evidence, on-site inspection and / or approval by Brook-Mill Appliance Repair
LIMITATION OF DAMAGES
Brook-Mill Appliance Repair 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. BROOK-MILL APPLIANCE REPAIRS LIABILITY FOR DAMAGES IS LIMITED TO THE AMOUNT ACTUALLY 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 WORK ORDER constitute the complete agreement (“Agreement”) between Brook-Mill Appliance Repair 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 Indiana without regard to its choice of law principles. Any disputes arising under this Agreement shall be finally resolved by binding arbitration as set forth in any applicable Indiana or Federal statutes