THESE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE YOUR AGREEMENT WITH JANUS APPLIANCE LLC AND WILL APPLY TO YOUR SERVICE ORDER. This agreement is subject to regular updates without prior notice or permission.
JANUS APPLIANCE LLC
General Terms and Conditions of Service
Suppose you contract with Janus Appliance LLC to perform work for you (the “Customer”). In that case, the following terms and conditions (“General Terms and Conditions of Service”) will apply to our services and spare parts or other goods. You must 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 Janus Appliance LLC technician. If the unit is found to be uneconomical to repair or the customer does not wish to proceed with the service, a service call fee will be charged. By accepting the Service Order, you acknowledge and agree to a) pay the Diagnostic Fee in full whether Janus Appliance LLC performs recommended repairs or not; and b) that the Diagnostic Fee will be credited toward the cost to repair if the Customer agrees to have Janus Appliance LLC perform the recommended repair or replacement.
DAMAGE CLAIMS & CALLBACKS
If the technician concludes that our prior service or repair does not cause the reported issue, we will charge a service fee, due at the time of the visit.
The customer is responsible for reviewing the estimate with the technician. Payment of parts and labor indicates approval and complete agreement by the customer to have Janus Appliance LLC repair the appliance at a price quoted on the estimate.
The estimate section of the Service Order summarizes the costs for the parts and service we estimate are required to repair your appliance(s) (the “Estimate Quote”). By accepting the Service Order, you acknowledge that you agree to the terms of the Estimate Quote and the agreed-upon scope of work. If applicable, sales tax is included in the Estimate Quote.
The repair costs are by “The Major Appliance Service National Price Guide (MASPG).” The repair cost is based on the job, not on the repair’s time.
Parts will be ordered within 24 hours of the initial visit. Depending on part availability, most parts will arrive within 1-5 business days. Special order parts may take longer. Unfortunately, we can only relay ETA information given to our company by our part distributors. Once the part arrives, the technician will contact the customer to schedule the installation. Janus Appliance LLC reserves the right to retain old parts and components replaced by a Janus Appliance LLC service technician.
PAYMENT TERMS AND COLLECTION COSTS
Payment is due and will be collected upon completion of the services unless a) we agree otherwise specifically in writing; and/or b) arrangements are made prior to the repair. Payment may be made by check or credit card. Any dishonored check or bank draft will be charged a processing fee of $30.00. You agree to pay all expenses incurred by Janus Appliance LLC 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.
CANCELLATION OF SERVICE
When scheduling service with us, we specifically allocate time for a technician to visit your location and service your product. When you forget, cancel, or change your appointment without providing sufficient notice, we miss the opportunity to fill that appointment slot, and clients on our waiting list miss the opportunity to receive services, resulting in an unrecoverable loss of revenue. 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 8 business hours’ notice or other mutually agreed upon notice.
Janus Appliance LLC offers a 30-day warranty on labor and parts (see below for exclusions). The warranty applies to the same problem only. There is no warranty against additional or more extensive repairs, against other problems that may occur on the same unit (even if involving what appear to be identical symptoms), or against incidental damages. If a problem arises within this 30-day period or you discover a defect in the repairs, parts, or service, you must contact Janus Appliance LLC immediately so we may schedule a follow-up appointment to address the issue. The duration of this warranty is thirty (30) days from the date of your receipt of the part or the date of repair or service, as applicable. The warranty is only valid if Janus Appliance LLC technicians perform the repair. Improper usage of the appliance automatically voids the warranty. The warranty is void on relocated appliances. If you do not perform proper maintenance, your warranty will be voided. Suppose a service technician is dispatched on a unit under warranty and the complaint cannot be duplicated. In that case, the service technician will not perform any other action besides testing the unit. If a service technician is dispatched more than two times under warranty and cannot detect an error within the unit, the customer will be liable for a service fee. No warranty is provided on damage caused by external problems or interference by anyone else (other than Janus Appliance LLC technicians) sensing or tampering with the repair. The warranty does NOT apply to the following parts: discontinued or obsolete parts, refrigerants, filters, access valves, fuses, wires. The warranty covers manufacturing defects only and does not cover damage due to water, high voltage fluctuations, or any alteration or tampering by third-party technicians. 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 Janus Appliance LLC; d) repair of any appliance that has been moved from the location at which it was originally repaired or installed by Janus Appliance LLC; e) repairs on appliances for which parts are no longer available from the original manufacturer; f) discontinued or obsolete parts, refrigerants, filters, access valves, fuses, wires. Additionally, Janus Appliance LLC shall be under no legal obligation to honor any warranty set forth herein unless the Customer has paid all amounts owed under the applicable Estimate Quote. If we decide it is best not to offer a warranty, we reserve the right to make that decision. Janus Appliance LLC reserves the right to limit or refuse to provide warranty at its sole discretion. Janus Appliance LLC’s obligation for defective parts and/or workmanship, and the Customer’s exclusive remedy, shall be limited, at Janus Appliance LLC’s option, to the replacement of any defective parts or workmanship or the refund of amounts paid by the Customer for the service, subject to the terms and conditions set forth herein. This limited warranty is in lieu of all other warranties, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose. In no event shall Janus Appliance LLC be liable for any incidental, consequential, or special damages, including but not limited to lost profits, loss of use, or any other economic damages arising out of or in connection with the repair, replacement, or service provided. This limited warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
These General Terms and Conditions of Service and each Service Order constitute the complete agreement (“Agreement”) between Janus Appliance 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 Pennsylvania 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 Philadelphia, Pennsylvania, 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, Code of Laws of Pennsylvania, 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. 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 their willingness to do so, you promise to hold harmless both the technician and Janus 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 machinery 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 Janus Appliance 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 carries the same inherent risks. Diagnoses are not always straightforward, and even when carefully performed, repair of 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, Janus Appliance 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 Janus Appliance LLC, its 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 Arising 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 Janus 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 Janus Appliance LLC, its 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.
REFUSAL OF SERVICE
Janus Appliance LLC reserves the right to refuse service to a customer at the service technician’s discretion. The customer will be held liable for a service fee. Service will be refused if: A customer cannot accommodate the service technician, the customer is being disrespectful or belligerent, if the service technician feels threatened in any way or form, a customer is not properly dressed upon arrival of the service technician, a customer has been or is being disruptive, a customer harasses the service technician, when there are health and safety concerns when a customer refuses to pay for services and/or when a customer is intoxicated or under the influence of illegal drugs or illegal drugs are present.