Suppose you enter into a contract with GP Express Appliance Repair, d/b/a EJ’s Appliance Repair to do work for you (the “Customer”). In that case, the following terms and conditions (“General Terms and Conditions of Service”) will apply to the services we perform and the replacement part(s) 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 SERVICE CHARGE

We charge a non-refundable service fee (the “Service Charge”) for all non-warranty visits to the Customer’s residence or business. The Service Charge 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 trained GP Express Appliance Repair technician. By accepting the Service Order, you acknowledge and agree to a) to pay the Service Charge in full whether GP Express Appliance Repair performs recommended repairs or not and b) that the Service Charge will be included in the total cost to repair if Customer agrees to have GP Express Appliance Repair perform the recommended repair or replacement. If applicable, sales tax will be included in the total quoted Price.

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 unless otherwise discussed and noted on the Invoice. The duration of this warranty is 6 months from as applicable (i) the date of your receipt of the part, or (ii) the date of repair or service. If during 6 month-period you discover a defect in the repairs, parts, or service you must promptly notify us. ’s obligation for defective parts and/or workmanship, and Customer’s exclusive remedy, shall be limited, at GP Express Appliance Repair’s option, 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 GP Express Appliance Repair.

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 GP Express Appliance Repair; d) repair of any appliance that has been moved from the location at which it was originally repaired or installed by GP Express Appliance Repair, or e) repairs on appliances for which parts are no longer available from the original manufacturer. Additionally, GP Express Appliance Repair shall be under no legal obligation to honor any warranty set forth herein unless the 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 CUSTOMERS.

Limitation of Damages

GP Express 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. GP Express Appliance Repair’s 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 Service Order constitute the complete agreement (“Agreement”) between GP Express 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 Kentucky without regard to its choice of law principles. Any disputes arising under this Agreement shall be finally resolved by binding arbitration conducted by a Kentucky court of law, in accordance with the Federal Arbitration Act and pursuant to the Commercial Rules of the American Arbitration Association.

DAMAGE WAIVERS

It is the customer’s responsibility 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 not to be enforceable, that will not prevent the remaining waivers from being enforced.

Waiver of Damages When Moving Appliance

You understand there is an 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 GP Express 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 to the building’s plumbing system. 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 GP Express Appliance Repair, its principals, agents, and employees from any and all damages, harms, or liability that may result from such an occurrence. You explicitly waive the right to any contrary claim by allowing the technician to commence work.

Waiver of Damages from Failed Cooling Equipment

You understand that, like any machinery, refrigeration equipment consists of a multiplicity of complex components, 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 result in the 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, GP Express 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 GP Express Appliance Repair, its agents, and employees from any such harms. You explicitly waive the right to any contrary claim by allowing the technician to commence work.

Waiver of Damages from Lifting Glass Cook Top

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 surface fracturing. While expecting the technician to exercise every due level of care, you recognize that the Technician and GP Express 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 GP Express Appliance Repair, its agents, and employees from any such responsibility. You explicitly waive the right to any contrary claim by allowing the technician to commence work.