IMPORTANT: THESE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE YOUR AGREEMENT WITH CUSTOM COMMUNICATIONS INC., A NORTH CAROLINA CORPORATION, AND WILL APPLY TO YOUR SERVICE ORDER, AND IS SUBJECT TO REGULAR UPDATE WITHOUT PRIOR NOTICE OR PERMISSION.
1. PAYMENT AND CONDITIONS OF SERVICE PROVISION.
It is the responsibility of you, the customer (“Customer” or “You”), to familiarize themselves with terms of service, prior to allowing the technician for Custom Communications, Inc. (“CCI” or “We”) to commence provision of service. Allowing our technician to commence service on your equipment/appliance (“Appliance”) constitutes acceptance of all terms and conditions detailed. Acting either for yourself or for the party listed on electronic or paper work order/ job sheet, you agree to pay all the following where applicable: any unpaid balance upon completion, reasonable interest and service charges on any past due balance, a $25 service fee if your check or credit card is not honored by the bank, necessary handling and return charges if your order is cancelled in an untimely fashion, and any necessary collection costs, including attorney’s fees.
2. APPOINTMENTS:
Appointments are scheduled for the technician to arrive between 8am-12pm or 12pm-5pm with a 30 minute notice of a more precise arrival time. All appointments are set based on the earliest availability. Part installation appointments will not be scheduled until part(s) have arrived.
3. CANCELLATIONS:
4. SERVICE CALL FEE:
If the Appliance is found to be uneconomical to repair or customer does not wish to proceed with the service, a service call fee will be charged. The service call fee will cover the initial examination, diagnosis, and written estimate of repair with parts and labor. The service call fee will be charged as follows: $90.00 for all Appliances. SERVICE CALL FEE IS NON-REFUNDABLE.
5. MULTIPLE APPLIANCES:
CCI often makes appointments for customers with multiple Appliances. A service fee will be charged for each Appliance.
6. DIAGNOSIS:
The appliance must be installed and accessible to the service technician. In case access to the Appliance is not provided by the customer, additional fees may apply for the labor performed to access the Appliance. Based on the customer’s description of the issue, the CCI service technician will diagnose the Appliance and determine what repair(s) will be necessary to resolve the issue(s). Due to the complexity of some appliances there can be additional underlying problems which 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 will be provided. If a technician cannot duplicate the customer’s complaint on the Appliance, 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 “Working as designed”. The customer will be responsible for the service call fee. 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, cost and payment for any examinations or services performed by outside trade contractors. The customer will be responsible to pay CCI their service call fee.
7. RECOMMENDATIONS:
Any recommendation(s) made by our company are not mandatory, and any actions taken by the customer are at the sole discretion and financial responsibility of the customer. The customer is responsible for their own decisions.
8. REPAIR COST:
In accordance with “The Major Appliance Service National Price Guide (MASPG)” the repair cost is based on the job, not on the time the repair takes to perform.
9. ESTIMATE:
Estimates will be valid for 7 days. The customer is responsible for reviewing the estimate with the technician. Payment of parts and/or labor indicates approval and complete agreement by the customer to have CCI, repair the appliance at the price quoted on the estimate.
10. PARTS:
CCI service technicians have the most commonly replaced parts in their vehicle stock. Parts will be ordered within 24 hours of confirming the schedule 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 has arrived, the technician will contact the customer to schedule the part installation. CCI reserves the right to retain old parts and components that have been replaced by a CCI service technician.
11. MAINTENANCE:
Problems with appliances may be caused solely by lack of routine maintenance. Sometimes just maintenance may resolve the problem. Maintenance may be needed or required before repair or during a repair. Maintenance is not a repair or part of repair labor. Maintenance is non-refundable.
12. PAYMENT:
CCI accepts credit cards. Payment is due at time of initial visit.
13. LATE PAYMENTS:
Payment is due at time of service. If your account becomes past due the following actions will be taken:
14 days past due: $20.00 late fee will be accessed per invoice.
30 days past due: Collections – Customer will be responsible for any collection fees or charges, including reasonable attorney’s fees and costs.
Returned/ Cancelled Check Fee: Customer agrees to pay a $25.00 returned/ cancelled check fee.
14. REFUSAL OF PAYMENT:
If the customer refuses to pay the service technician, CCI reserves the right to expedite account to collections.
15. COMPLETED REPAIR:
Once the repair is complete, the customer will be asked to review and test the appliance. The customer will sign CCI invoice when repair on the appliance is completed. This shows the customer has examined and approved of the work done. Payment of services in full will also indicate the customer has reviewed and tested the appliance and the service is completed to their satisfaction. NO REFUNDS WILL BE ISSUED ON COMPLETED REPAIRS OR ON GOING REPAIRS.
16. WARRANTY:
If service technician is dispatched on an Appliance under warranty and the complaint cannot be duplicated, the service technician will not perform any other action, other than testing the Appliance. If service technician is dispatched more than two times under warranty and cannot detect an error within the Appliance, the customer will be held liable for a service fee.
No warranty on damage caused by external problems or interference by anyone else (other than CCI service technicians) sensing or tampering with the repair. Warranty is not applicable to the following parts: discontinued or obsolete parts, refrigerants, filters, access alves, fuses, wires. Warranty against manufacturing defect only. Warranty does not cover damage due to water, high voltage fluctuations or any alteration or tampering by third party technicians.
CCI is not liable for any item or person that is hurt by a malfunction and are not liable if your food goes bad due to lack of refrigeration. If water leaks when we are repairing an item, then CCI is not responsible for any damage done. If CCI decides it is best to not offer a warranty, CCI is allowed to do so.
CCI is not responsible for any damage caused by appliance malfunction. CCI is not responsible for any floor, cabinet, counter damage or water leakage when repairing and/or removing your appliance by CCI technician(s). CCI reserves the right to limit or refuse to provide warranty at its sole discretion.
Warranty will be void if: Routine maintenance is neglected, improper use of the appliance, Appliance is removed/uninstalled, Appliance is damaged by weather, damage or interference by anyone else (other than CCI) and/ or non-payment of service.
17. CUSTOMER RESPONSIBILITIES:
• Ensure an individual 18 years or older is present at time of service;
• Ensure a form of payment will be available for the CCI technician during the scheduled visit;
• Ensure the appliance is readily accessible to service technician, if you have a stackable washer and dryer dismount the Appliance before the technician arrives;
• Ex: emptying the appliance if possible;
• Appliance must be installed;
• Keep small children and pets out of the technician’s work are;
• Ensure all pets are controlled when the technician is at the house; and
• Do not smoke cigarettes around our technicians.
18. 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. These waivers are applicable for all work performed and are assumed and accepted once you allow our technician to commence provision of service.
18.1. Waiver of Damages When Moving Appliance:
You understand there is inherent risk in such movement. There is risk of damage to the machine itself, and to areas surrounding its installation, including but not limited to flooring, cabinetry and counter tops. You acknowledge the service technician is not required to move the appliance. In exchange for his willingness to do so, you promise to hold faultless, both the service technician and CCI, from any and every liability associated with any such damage as may occur in connection with this movement.
18.2 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 carelessness by the service technician, you promise to hold harmless CCI, its principals, agents and employees from any and all damages, harms or liability that may result from such an occurrence. By allowing the service technician to commence work, you explicitly waive the right to any contrary claim.
18.3 Waiver of Damages from Failed Cooling:
You understand, like any machinery, refrigeration equipment consists of a multiplicity of complex components, any of which can fail without warning, and any effort to service and/or repair same carries inherent risk. Diagnoses are not always straightforward, and, even when carefully performed, repair and/or service work may involve imperfections which 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, by undertaking to service and/or repair your equipment, CCI 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 CCI, it’s agents and employees from any and all such harms. By allowing the service technician to commence work, you explicitly waive the right to any contrary claim.
18.4 Waiver of Damages from Lifting Glass Cook Top:
You understand, 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 service technician to exercise every due level of care, you nevertheless recognize the service technician and CCI 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 liability CCI, it’s agents and employees from any and all such responsibility. By allowing the service technician to commence work, you explicitly waive the right to any contrary claim.
19. BASIC APPLIANCE INSTALLATION TERMS AND CONDITIONS:
Our standard install charge covers the following:
Removal and/or installation of an appliance, without the need to disturb/remove cabinetry, countertops, flooring or any other fixture. Does not include modification, and repair of gas, water valves, drains, power receptacles, electrical junction boxes, and dryer vents. It is the responsibility of the customer to ensure systems for the supply of gas and water, electrical, drainage, venting etc. meet local building codes, and are available to facilitate installation using standard materials associated with the install of that type of appliance.
CCI does not install, modify or correct problems with services necessary to facilitate installation. These include but are not limited to electrical supply, water supply, water drainage, gas supply, dryer air vents, ventilation systems to facilitate cooling and/or safe operation of equipment installed.
We assume and accept the area, systems or services which 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 correct ventilation, electrical, water supply, water drainage requirements have been met specific to the appliance installed.
If CCI is supplying the appliance, any of your doorways, hallways etc. must allow sufficient clearance to move the Appliance into the install location.
Installation charge quoted does not include cost of materials such as vent hoses, water lines, gas lines, hoses, fittings etc.
Should we call to perform an install and find installation cannot proceed and cannot be corrected while on site due to any one of the above criteria not being met, our standard service call will be due.
20. REFUSAL OF SERVICE:
CCI 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 (or its guests) is being disrespectful or belligerent, if service technician feels threatened in any way or form, a customer is not properly dressed upon arrival of 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.
21. CHOICE OF LAW, VENUE, AND JURISDICTION.
These Terms and Conditions are subject to North Carolina law, and any dispute will be governed by such law. Venue and jurisdiction for any dispute between CCI and the Customer is proper only in Wake County, North Carolina.