Terms & Conditions of Service

Stellar Appliance Repair (“Company,” “we,” “us,” “our”)

Effective Date: 4 April 2024

Applies To: All diagnostics, repairs, installations, inspections, preventative maintenance (PM), service agreements, and related services (“Services”) provided to residential and commercial customers (“Customer,” “you,” “your”).

1) Definitions

1.1 Appliance: The equipment we inspect, repair, maintain, or install.

1.2 Service Call: Evaluation to identify probable cause(s) of failure. Diagnostics may be iterative for intermittent faults.

1.3 Estimate/Quote: A good-faith price on present information; not a fixed price unless labeled “Firm Fixed Price.”

1.4 Special-Order Part: Any part not normally stocked or designated non-returnable by supplier.

1.5 PM: Preventative maintenance per a defined checklist and frequency; PM is not a guarantee against failure.

2) Scheduling, Access & Site Conditions

2.1 Arrival Window: We schedule within a window; delays may occur due to traffic, emergencies, weather, supply issues.

2.2 Safe Access: Customer must provide clear, safe access (including parking), adequate lighting, and working utilities (power/water/gas). Pets must be secured; hazards (pests, mold, leaks, structural issues) must be disclosed.

2.3 Unsafe Conditions: We may refuse or suspend Service if unsafe conditions exist; trip/diagnostic fees still apply.

2.4 Missed Appointments: If we cannot access the site or Customer is not present, a trip fee/service call applies and the visit must be rescheduled.

3) Estimates, Pricing & Change Orders

3.1 Estimates are based on visible conditions and reported symptoms; hidden damage or additional failures may require Change Orders at additional cost.

3.2 Time & Materials: Unless explicitly Firm Fixed Price, Services are billed at our then-current rates for labor, parts, materials, disposal, surcharges, tolls/parking, and taxes.

3.3 After-Hours/Emergency: Work outside normal business hours may incur premium rates.

3.4 Minimum Charges: Service Call/trip fees are due per visit and per appliance.

4) Service Call (Non-Refundable)

4.1 The service call compensates for time, travel, expertise, and testing—payable whether or not a repair is authorized or successful.

4.2 Diagnostics do not guarantee identification of every failure, especially intermittent or multi-component faults.

5) Authorization & Deposits

5.1 We require verbal/written approval before ordering parts or performing repairs.

5.2 Deposits: Special-order parts and certain repairs require 50% prepayment. Deposits on special-order parts are non-refundable once ordered.

6) Parts: Ordering, Returns & Availability

6.1 Sourcing: We supply parts unless otherwise agreed. We may provide compatible OEM/authorized replacement parts at our discretion.

6.2 Lead Times: Part ETAs are supplier estimates and not guaranteed.

6.3 Special-Order/Non-Returnable: No cancellations, returns, or refunds after ordering.

6.4 Returnable Parts (if unused and in original packaging) may be returned within supplier policy; Customer pays restocking/return shipping plus any administrative fees. Labor already performed is not refundable.

6.5 Supplier Errors/Defects: Our obligation is limited to facilitating manufacturer/supplier remedies.

7) Customer-Supplied Parts/Appliances

7.1 We may refuse Customer-supplied parts. If accepted, no warranty applies to performance, fit, or longevity; additional labor may be billed for incompatibility issues.

7.2 Damage caused by Customer-supplied parts voids any Company warranty and Customer assumes all risk.

8) Payments & Late Balances

8.1 Payment Due: In full upon completion of each visit unless otherwise agreed in writing.

8.2 Accepted Methods: Cash, Major Credit / Debit Cards. Returned checks/failed payments incur fees.

8.3 Past Due: Balances over 30 days accrue late fees/interest up to the maximum allowed by law. The customer is responsible for collection costs, attorney fees, court/arbitration fees.

9) Refunds & Cancellations

9.1 Labor is non-refundable once performed.

9.2 Service call and trip fees are non-refundable.

9.3 Special-order parts: Non-cancelable, non-returnable.

9.4 Cancellations/Rescheduling within 24 hours of appointment may incur a fee equal to the service call/trip fee.

9.5 Refunds, if any, are issued only to the original payment method after deduction of applicable fees.

10) Warranty (Limited)

10.1 Parts Warranty: Only parts provided and approved by us can be covered under warranty for terms of 30/60/90 days on the specific work performed only.

10.2 Exclusions/Voids: Warranty is void for misuse, neglect, overloading, improper detergent/filters, power surges, plumbing/drain issues, code violations, pest/mold damage, floods, acts of God, third-party service, relocation, or if Customer declines recommended related repairs.

10.3 Remedy: Our sole obligation is to repair or re-perform the warranted work one time. No cash refunds.

10.4 Process: Warranty service must be requested within the warranty period and performed by us. Proof of purchase and access required.

11) No Guarantee Against Future Failures

11.1 Appliances can have multiple or cascading failures; repairing one component does not guarantee overall performance or longevity.

11.2 We are not responsible for failures of unrelated parts or systems occurring before, during, or after our work.

12) Installations, Built-Ins & Property Risk

12.1 Moving/built-in removal/reinstallation can expose hidden defects and may cause minor/necessary cosmetic disturbances (sealant, paint, scratches). We use reasonable care but are not liable for pre-existing or incidental cosmetic damage to cabinets, floors, walls, or countertops.

12.2 Customers must verify dimensions, clearances, venting, and utility locations. Bringing existing conditions “up to code” is not included unless explicitly quoted.

13) Water, Gas, Drain & Electrical Disclaimers

13.1 Shutoff Valves & Old Plumbing: Old or corroded valves/hoses/fittings may fail when operated. Customer acknowledges and accepts this risk.

13.2 Leak Testing: We test for obvious leaks at service completion; delayed leaks can occur due to existing conditions or unrelated components.

13.3 Gas Work: Customer must maintain CO detectors. We leak-check connections we service; we are not responsible for upstream/downstream system defects.

13.4 Electrical: Surges, faulty circuits, or inadequate supply can damage appliances; Customer is responsible for code-compliant circuits and protection.

13.5 Consequential Damage: We are not liable for water damage, mold, food spoilage, lost revenue, or other consequential losses (see §16).

14) Code, Permits & Compliance

14.1 Unless expressly included, permits, inspections, venting/ducting alterations, cabinetry, carpentry, masonry, painting, electrical, or plumbing upgrades are excluded.

14.2 We do not certify compliance with HOA/landlord/warranty policies. Customer is responsible for compliance and fees.

15) Smart Appliances, Data & Privacy

15.1 Some diagnostics require connecting to Wi-Fi or running firmware updates. Customer authorizes such access solely for Service delivery and assumes any vendor-imposed risks.

15.2 We do not control third-party platforms. Data handling by manufacturers is governed by their policies.

15.3 We may record serial numbers, error codes, and photos/videos of the work area and appliance for documentation, training, and warranty purposes.

16) Limitation of Liability (Cap) & Disclaimers

16.1 NO CONSEQUENTIAL/INCIDENTAL DAMAGES: To the fullest extent permitted by law, we are not liable for indirect, incidental, special, punitive, or consequential losses, including food loss, missed work, business interruption, lost profits, property damage from leaks/failures, or loss of use.

16.2 TOTAL LIABILITY CAP: Our aggregate liability for any claim is limited to the lesser of (a) the amount you paid us for the specific Service giving rise to the claim, or (b) USD $300 (for PM/service-agreement clients, the cap is the total fees paid in the preceding 3 months for the affected site), unless prohibited by law.

16.3 Nothing herein waives non-waivable consumer rights under applicable law.

17) Indemnification

Customer shall indemnify and hold us harmless from claims, damages, and expenses (including attorney fees) arising from (a) Customer’s breach of these Terms; (b) unsafe site conditions; (c) misuse/overloading of appliances; or (d) reliance on Customer-supplied parts/information.

18) Abandoned Property & Disposal

18.1 We may remove and responsibly dispose of failed parts replaced during Service unless Customer requests return at time of service.

18.2 Items left with us for over 30 days after notification may be deemed abandoned and disposed of without liability.

19) Unused

20) Photos, Recordings & Marketing

20.1 Customers authorize reasonable photos/videos for documentation, quality control, training, warranty, and safety.

20.2 No Customer-identifying marketing use without Customer’s written consent.

21) Subcontractors & Assignment

We may use qualified subcontractors. We may assign these Terms with notice; Customer may not assign them without our written consent.

22) Force Majeure

We are not liable for delays/failures due to causes beyond reasonable control (e.g., weather, disasters, epidemics, supply chain failures, strikes, governmental actions).

23) Notices & Electronic Consent

We may provide notices/estimates/invoices electronically. Electronic approvals and signatures are valid and binding.

24) Dispute Resolution; Governing Law

24.1 Informal Resolution: Parties will attempt good-faith resolution within 30 days of written notice.

24.2 Arbitration: Unresolved disputes shall be settled by binding arbitration (AAA or similar) in Contra Costa, CA, on an individual basis. No class/representative actions.

24.3 Small Claims: Either party may bring an eligible claim in small-claims court in the same venue.

24.4 Law: Governed by the laws of California, excluding conflict-of-laws rules.

25) Miscellaneous

25.1 Severability: Invalid provisions are severed; the rest remain enforceable.

25.2 No Waiver: Failure to enforce is not a waiver.

25.3 Entire Agreement: These Terms, together with any signed estimate, PM schedule, or service agreement, form the entire agreement and supersede prior communications.

25.4 Order of Precedence: If there is a conflict, a mutually signed Service Agreement/Change Order controls, then these Terms, then estimates.

25.5 Updates: We may update these Terms at any time; the version in effect on your service date applies.