GENERAL TERMS OF SERVICE
If you contract with ComfortRUSH, A Division of Coolest Refrigeration LLC., to do work 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 ComfortRUSH technician. By accepting the Service Order, you acknowledge and agree to pay the Diagnostic Fee in full whether ComfortRUSH performs recommended repairs or not.
An estimate will be sent for recommended repairs after the diagnostic in which it summarizes the costs for the parts and service we estimate are required to repair your equipment(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 services unless we agree otherwise specifically in writing. Payment may be made by cash, check or credit card. Any dishonored check or bank draft will be charged a processing fee of $35.00. You agree to pay all expenses incurred by ComfortRUSH 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 within 7 days. ComfortRUSH's obligation for defective parts and/or workmanship, and Customer’s exclusive remedy, shall be limited, at ComfortRUSH'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 ComfortRUSH.
The foregoing warranties do not apply in any manner to the following: a) repair or replacement of any appliances used in a residential property; 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 ComfortRUSH; d) repair of any appliance that has been moved from the location at which it was originally repaired or installed by ComfortRUSH; or e) repairs on appliances for which parts are no longer available from the original manufacturer. Additionally, ComfortRUSH 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
COMFORTRUSH A DIVISION OF COOLEST REFRIGERATION LLC 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. COOLEST REFRIGERATION LLC’ 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 Coolest Refrigeration LLC (ComfortRUSH) 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 New Jersey without regard to its choice of law principles. Any disputes arising under this Agreement shall be finally resolved by binding arbitration.
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 in 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 counter tops. 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 Coolest Refrigeration 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 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 Coolest Refrigeration 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 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 cancelled or failed events, inability to service customers, etc. You acknowledge that, by undertaking to service and/or repair your equipment, Coolest Refrigeration 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 Coolest Refrigeration LLC, 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.
Coolest has the unfettered right to use images of job-site, before and after, for marketing purposes. Coolest also has the right to list Customer and Customers affiliates, clients and affiliated third parties as customers for marketing purposes.
Coolest Refrigeration LLC reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms periodically for changes.