Sloan Appliance Service
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.
If you contract with Sloan Appliances Carolina, Inc., d/b/a Sloan Appliance Service to perform service 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, prior to 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 Customer’s residence or business. The Diagnostic Fee will be quoted to you prior to our visit. The fee covers costs incurred by us for travel and the performance of diagnostic services by a trained Sloan Appliance Service technician. By accepting the Service Order, you acknowledge and agree to to pay the Diagnostic Fee in full whether Sloan Appliance Service performs recommended repairs or not.
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 “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.
PAYMENT TERMS AND COLLECTION COSTS
Payment is due and will be collected upon completion of the repair unless 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 $25.00. You agree to pay all expenses incurred by Sloan Appliance Service 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.
For 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 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 this thirty-day period you discover a defect in the repairs, parts or service you must promptly notify us in writing. Sloan Appliance Service’s obligation for defective parts and/or workmanship, and Customer’s exclusive remedy, shall be limited, at Sloan Appliance Service’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 Sloan Appliance Service.
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 Sloan Appliance Service; d) repair of any appliance that has been moved from the location at which it was originally repaired or installed by Sloan Appliance Service; or e) repairs on appliances for which parts are no longer available from the original manufacturer. Additionally, Sloan Appliance Service 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.
Limitation of Damages
SLOAN APPLIANCE SERVICE 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. SLOAN APPLIANCE SERVICES’ 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 Sloan Appliance Service 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.