Terms and Conditions
Please read the service contract for Service N' Appliance Professionals
Service N’ Appliance Professionals Inc. Service Contract
Terms and Conditions:
1. Parties: Be it known that the Obligor, Administrator, Seller, We, Us, Our, represent Service N’ Appliance Professionals (SNAP) Inc. and all its affiliates and/or representatives. You represent the Buyer, Owner, or Consumer. These are the Terms and Conditions incorporated by reference and constitute the Contract and the entire understanding between the parties relating to the Products and Services. In the event of conflicts between the Contract, if any, and Seller’s Invoice, the Contract shall prevail. Buyer accepts these Terms and Conditions and none of Buyer’s inconsistent and/or additional Terms and Conditions submitted in acknowledging or accepting this Contract or in issuing purchase orders, releases, shipping instructions or other documents shall be valid. No additional notice of a foregoing need be given by Seller to Buyer. Neither party shall be bound by any change in, additions to, or waiver of, any of these Terms and Conditions unless approved in writing by its authorized representatives.
2. Product Coverage Eligibility: The Contract covers white goods (major residential appliances) that have been installed and used as per manufacturers’ recommendations for personal, single-family, and household purposes only. All products to be covered under this agreement must be manufactured within an acceptable period depending on manufacturers’ type and model as determined by Us. Products must be problem free and functional with no history of repeated problems/repairs.
3. Product Coverage Period: Your coverage begins as indicated on Your SNAP Inc. Contract Invoice. Your SNAP Inc. Contract period may also include a manufacturer’s limited warranty.
Contract period may also include a manufacturer’s limited warranty.
4. What is Covered
i. All functional part(s) (as determined by Us)*
ii. Labor necessary to install covered part(s) ONLY (as determined by Us)**
iii. Standard shipping and handling as per contracted or hired courier’s Terms and Conditions.
iv. Cost of service visit and diagnosis.
*A functional component/part is defined as a mechanical or electrical powering device, or part of it, which is a stable part of the Product and is either responsible for generating power or requires power to perform a specific task that will directly result in making a product operable.
**All service visits and labor covered under this Contract will be performed during the service provider’s normal business hours.
5. What is NOT covered:
i. All part(s) deemed nonfunctional (as determined by Us)*
ii. All labor necessary to replace part(s) not covered by this Contract.
iii. Repair work to damaged tubs, drums and liners in washers, dryers, dishwashers, ranges and ovens.
iv. Filters, batteries, rust and corrosion, freezing, air vents and ducts, manufacturer’s accessories and software upgrades, faulty household wiring, plumbing and construction.
v. Cost of special delivery and handling of merchandise.
vi. Cost of uninstalling, additional handling and reinstallation of product(s).
vii. Cost of additional manpower, other than one service technician.
viii. All deliveries of Products and Services out of normal business hour(s) (as defined by Us).
ix. The cost of any repair normally covered under this Contract arising out of intentional or unintentional damage, misuse, negligence, abuse and/or being used in, or subjected to any abnormal conditions (i.e. floods, power failures, fire, pest infestation, premature deterioration, as defined by Us).
x. Service to Products that are deemed inaccessible for diagnosing, servicing and /or repairing.
xi. Service from any unauthorized or third party other than Our authorized servicer.
xii. Products with missing or mutilated manufacturer’s identification tags or labels.
xiii. Removal, reconstructing or cleaning of walls, floors, ceilings, cabinets and countertops or areas surrounding appliances.
xiv. Clothes dryer drum and venting
xv. Clothes washer combination tub and bearing assembly, inner and outer tub, transmissions
xvi. Dishwasher dishracks, door liner, dishwasher tub, water supply lines
xvii. Microwave door glass, door frames, glass tray, filters, interior linings, meat probe assemblies
xviii. Any part(s) and/or labor that is included in a manufacturer's limited warranty coverage.
*A functional component/part is defined as a mechanical or electrical powering device, or part of it, which is a stable part of the product and is either responsible for generating power or requires power to perform a specific task that will directly result in making a Product operable.
6. If You Need Service
Call the telephone number or e-mail to address printed on Your SNAP Inc. Contract Invoice. Service will be available during normal business hours as indicated. All service request responses will be made in a timely manner depending upon existing conditions at the time of request (to be determined by Us*).
* Factors that can directly or indirectly affect service call responses may include the following: transportation, weather, traffic, communication, conditions of your property upon arrival, and other emergencies.
7. Location of Service
All repairs/services will be “in-home”, unless otherwise advised by Us and approved by You and Us. All Services will be provided at the address on the SNAP Inc. Contract Invoice. You agree to be responsible for, and understand that your Product must be readily accessible to the technician, as removal of Product(s) for servicing purposes may sometimes require more than one person for safe removal, and/or the use of special equipment and tools. Refer to Our policy regarding additional pricing if necessary for repair(s) not covered under these conditions.
8. Moving Your Product
If said Product is moved, without notification, to another location other than that indicated on Your SNAP Inc. Service Contract Invoice, this would be considered a Breach of Contract and all warranty coverage under this Contract will be voided. A written or formal notice must be provided to us within 10 days prior to this action in order to maintain continued services under this Contract.
9. Transferability
You can assign the Product coverage to another person upon our “Express Approval” only by submitting a request to our Administrator via telephone or e-mail to information provided on SNAP Inc. Contract Invoice. A $25.00 processing charge will apply. The coverage will become effective within 30 days after receipt of payment, if the assignee is approved by Us.
10. Cancellations
Contract Cancellation (by You)
You can cancel your Contract for a full refund within 72 hours from time of issue, unless service has been requested within the 72 hours. Thereafter, You will be responsible for full payment of an amount equivalent for the time already covered until the end of the next month. You are required to notify the Administrator immediately by e-mail or in writing to the address provided on Your SNAP Inc. Contract Invoice.
Contract Cancellation (by US)
The Administrator /Obligor reserves the right to cancel Contract and/or refuse to renew contract by reason of Breach of Contract by You, suspicions of fraud, nonpayment by You, or Your representative or misrepresentation by You in obtaining this Contract at any time, in which case no refund will be issued to You and/or Your representative.
Product and Service Cancellations (by You)
All notices of cancellation for ordered products and/or services MUST be submitted to Us within 24 hours from time of order. Failure to comply WILL result with a restocking fee and or compensation equivalent to at least 100% of product and/or service value. All part(s) cancelled will be subjected to a restocking fee equivalent to at least 30% of costs and/or shipping and delivery charges if applicable.
11. Contract Limitation
Limitation of Liability
To the extent permitted by applicable law, the liability of the Obligor, Administrator and Insurer, if any, for any allegedly defective Product or part shall be limited to repair or replacement of the Product or part and shall not exceed the prorated value of the defective product. THE PROVISIONS OF THIS CONTRACT ARE YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE PRODUCT(S) AND SERVICE(S) COVERED BY THIS CONTRACT.
The Administrator will reserve the right to appoint, hire, or designate an individual(s) / or company to represent or act on behalf of the Obligor in this Contract.
Non-Original Manufactured and Re-Manufactured Parts
Genuine factory parts will be used whenever possible; however, the use of non-original, substitutes and re-manufactured parts is allowed under this Contract.
12. Non-Repairable Products
The Administrator and Obligor, in its sole discretion, will determine if Your Product is “non-repairable.” If it is, We will, at our sole option, provide You with either a Product dollar-value* credit toward the cost of a comparable replacement product that will be supplied by Us and delivered to You.
* “Dollar-value” is represented as a dealer product prorated value at the time of appraising.
Under the Terms and Conditions of this Contract, the Administrator and/or Obligor shall not be responsible nor assume liability for Products and/or parts that are not available or have been discontinued for any reason whatsoever by the Manufacturer..
If You choose, for any reason, to repair or replace Your Product by a provider other than Us or our representatives, We shall be relieved of all our obligations to you under this Contract.
Service Failure or Delay
The Administrator and/or Obligor will exercise reasonable efforts in providing all services under this Contract, but shall not be liable for any damages arising out of any failure or delay in performing these services; and in no event shall the Administrator, Obligor, or its agents and/or representatives be liable for consequential damages.
13. Consumers Promises and Assurances
In order to keep this Contract in force during its term, You promise and assure:
(1) full cooperation with Administrator, Affiliates and authorized
servicers during diagnosis, repair, installation, etc. of Product(s) or part(s);
(2) accessibility of the Product;
(3) a non-threatening and safe
environment for in-home servicing;
(4) the presence of an adult (over 18 years old) at the time of scheduled service with the authority to grant permission
and provide payments (if necessary);
(5) that the Product is not used for business or commercial purposes;
(6) that You, at your own discretion and expense
will provide normal preventative and routine maintenance for the Product according to manufacturer’s recommendations;
(7) that You will provide us with immediate notice of any defect or deficiency in service within 3 days of discovery by You or User; and
(8) that You will pay each deductible, if
applicable, and honor promissory notes when due.
14. Arbitration
Read The Following Arbitration Provision ("Provision") Carefully. It Limits Certain Of Your Rights, Including Your
Right To Obtain Relief or Damages Through Court Action.
As used in this Provision, "You" and "Your" mean the person or persons named as the Owner of this Contract, and all of his/her heirs, survivors, assigns and representatives. “We” and “Us” shall mean the Obligor and/or all of its assignees and representatives and shall be deemed to include all of its agents.
Any and all claims, disputes, or controversies of any nature whatsoever (whether in contract, tort or otherwise), including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims) arising out of, relating to, or in connection with (1) this Contract or any prior Contract, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Contract (“Claim”), shall be re solved by binding arbitration before a single arbitrator at your (customer's) expense. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistency between the AAA's Rules and this Provision. You may obtain a copy of the AAA's Rules by calling (800) 778-7879. The arbitration shall be held at a location selected by Us within the state in which this Contract was purchased. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Provision, except that in no event shall this Provision be amended or construed to permit arbitration on behalf of a group or class. This Provision shall inure to the benefit of and be binding on You and Us and shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Contract.
You agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims.
You and We Understand and agree that because of this Provision neither You nor Us will have the right to go to court except as provided above or to have a jury trial or to participate as any member of a class of claimants pertaining to any claim. If however, there is litigation or arbitration arising from this Agreement, then each party pays its own Attorney’s fees.
15. Force Majeure
Performance of any obligation under this Contract may be suspended by either party without liability, to the extent that: a violent act of nature; war; terrorism; riot; fire; explosion; accident; flood; sabotage; mechanical breakdown; plant shutdown; Seller’s inability to obtain fuel, power, raw materials or equipment from its usual sources at prices it deems reasonable; governmental laws, regulations or orders; or any other cause (except financial) beyond the reasonable control of such party; or labor trouble, strike, lockout or injunction (whether or not such labor event is within the reasonable control of such party) delays, prevents, restricts, limits, or renders commercially infeasible, the performance of this Contract or the consumption, sale or use of the product and/or service, except as to product or service already in transit. The affected party shall invoke this provision by promptly notifying the other party of the nature and estimated duration of the suspension period, if possible. The total Contract quantity shall be reduced by the quantity not delivered during the term of such suspension and the Contract shall otherwise remain unaffected. In no event shall Seller be required to ship product or service from Seller’s or, if applicable, its affiliates’ other locations or to purchase product, components and/or service from other sources to fulfill the Contract requirements. If any of such contingencies occur, Seller may, without liability to Buyer of any kind, keep its available supply of any product and/or services for its own uses, or distribute it among its customers upon such basis and in such manner, as Seller deems fair and practicable.