ROSS HVAC LLC DBA Ross HVAC and Appliance repair Service Terms, Conditions & Wavers
It is the responsibility of the customer to familiarize themselves with terms of service. Scheduling of service with us implies full acceptance of our terms and conditions as detailed, as does allowing our technician to commence service.
Repair workspace and safety.
The customer must provide adequate space for repair and maintenance of the equipment. The Customer is also obliged to stay no closer than 12 feet to the equipment without the Technician's permission.
The Customer undertakes not to interfere with the repair process or distract the Technician.
General Terms and Conditions of Service
If you contract with ROSS HVAC 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 parts 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. By visiting our website, scheduling a Service Call, confirming an appointment, approving an estimate for repair, or allowing our technician to commence service constitutes acceptance of all terms and conditions detailed herein.
Payment and Conditions of Service Provision
Acting either for yourself or for the party listed on electronic or paper work order you agree to pay all the following where applicable: any unpaid balance upon completion, 24% APR Interest and service charges on any past due balance after 30 days, a $30 service fee if your check or credit card is not honored by the bank, necessary handling and return charges if your work order is canceled in an untimely fashion, and any necessary collection costs, including attorney’s fees.
Payment of any service and product is due upon receipt unless other previous arrangements have been made and is indicated on the invoice. All business properties, rental properties, and any customer responsible for payment who is unable to make payment at service location upon completion of service or sale is required to place a card on file. This card must remain on file until service has been completed and paid in full. If payment is not collected on site following service, ROSS HVAC LLC has authority to immediately charge the card on file following completion of service.
Cancellation of Service
When scheduling service with us, we specifically take time out a technicians day to call on your location and service your Equipment. When you forget, cancel, or change your appointment without giving enough notice, we miss the opportunity to fill that appointment time, and clients on our waitlist miss the opportunity to receive services which in turn results in a loss of revenue which cannot be recovered.
We also incur shipping and handling costs in addition to any parts purchased to complete a customer approved repair. You agree to pay these shipping and handling costs as well as the cost of the parts if they are non returnable, such as special order or factory back order parts. Consequently, we reserve the right to charge an amount equal to 100% of the service call amount for any appointment missed, canceled, or changed without a 3 hours’ notice.
The information you supply
Please ensure that the information you submit on our online system is correct. Should the address, appliance, or fault details be incorrect, we reserve the right to charge you for the engineer’s call-out and/or to not to carry out a repair.
Please note we need the exact details of your Equipment in order to carry out the repair and select the correct replacement spare parts if required. The details we require are the appliance’s E-NR and FD numbers PNC or Product number or full model number and serial number. These can usually be found on the rating plate of the Equipment usually visible from the front of the machine or etched onto the door or on the edge or back of the door or back side cover.
Service Call
For the Service Call, the Equipment must be installed and accessible to the service technician. The Service Call fee includes the trip to the customers location, the initial inspection, diagnosis, and written estimate of repair. The Service Call fee DOES NOT cover any part of the repair and is NOT refundable NOR applied to the cost of a repair. Repair charges and Sealed System charges are separate from Service Call fees. Our technicians cannot change or modify any previously agreed upon charges. They can add charges if additional services are requested or required. In case access to the unit is not provided by the customer, additional fees may apply for the work performed to access the unit.
Based on the customer’s description of the issue, the ROSS HVAC LLC technician will diagnose the unit and determine what repair(s) will be necessary to resolve the issue(s). Due to the complexity of some Equipments there can be additional underlying problems which cannot be determined until an “initial repair” is made. In the event an Equipment has an underlying problem(s) an additional free diagnosis along with an additional revised estimate and diagnosis will be provided. If our technician determines that there is a failure in a sealed system, the additional free diagnosis and inspection does not apply and a separate Sealed System inspection would need to be performed.
If a technician cannot duplicate the customer’s complaint on the unit, 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 “Operating properly”. The customer will be responsible for the service call fee. If the problem is found to be intermittent, it may not be able to be diagnosed. Intermittent problems are not always apparent and cannot always be traced. The only time such a problem can be traced is when the problem actually exists. The customer will be responsible for the Service Call fee on an intermittent problem.
If the problem is caused, or possibly caused by a source other than the Equipment 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 ROSS HVAC LLC the service call fee.
By this agreement the client agrees that in the case of completed work, the repair is performed in a quality and equipment fully serviceable test performed in the presence of the client.
Sealed System Service Call
A Sealed System Service Call is separate and may be in addition to a standard Service Call. Sealed System Service Call fees and charges are nonrefundable. A Sealed System Service Call is an in depth and detailed inspection and diagnosis of a refrigeration Equipments’ sealed system components. This includes the compressor, condenser, evaporator, filter drier, valves, copper and aluminum tubing, and refrigerant. Sealed systems are very complex and precise. It is always possible that some or all failures in a sealed system will not be readily apparent or repairable. Micro leaks or blockages may be so small they are undetectable and only affect the Equipment over time. Failures may also be in locations of the Equipment that are unrepairable such as refrigerant leaks within the Equipments’ outer walls. It is also possible that the refrigerant used in the Equipment is no longer available to purchase. The customer accepts that ROSS HVAC LLC cannot guarantee the success of a sealed system inspection or repair and releases ROSS HVAC LLC from any and all liability arising from a Sealed System Service or Repair call.
Customer Provided Parts
Warranty not provided for installation of customer provided parts. Another Service Call fee applies for these jobs if installation is to be completed at an additional site visit. Additional charges will apply to reinstall a defective customer provided part, if the original customer provided replacement part fails within 15 days.
Multiple Equipments
ROSS HVAC LLC often makes appointments for customers with multiple Equipments. At ROSS HVAC LLC’s discretion, a diagnostic fee will be charged for each additional Equipment in addition to a Standard Service Call Fee. Other than this diagnostic fee, all other terms of our Service Call apply. Our technicians CANNOT inspect, check, discuss, recommend, or “look at” any Equipment without first documenting the Equipment in our records and charging the appropriate additional Service Call/Diagnostic fee.
Repair Charges
Repair charges are separate from Service Call fees. Repair estimates and charges are based on ROSS HVAC LLC’s Flat Rate Guide. Repair estimates are NOT BASED ON AN HOURLY RATE. They are based on many factors including complexity, difficulty, risk, tools, training, supplies required, and many other factors. Our technicians cannot change or modify any previously agreed upon charges. They can add charges if additional services are requested or required. In case access to the unit is not provided by the customer, additional fees may apply for the work performed to access the unit.
Equipment Installation
Equipment Installation services and charges cover the removal and/or installation of an Equipment, without the need to disassemble, disturb, remove, alter, or uninstall Equipments, cabinetry, countertops, flooring, doors, doorways, or any other fixture or object. Equipment Installation services and charges assume the installation area is easily accessible and does not require special services, effort, or additional technicians to deliver, remove, or install any Equipment. In the event that the Equipment installation requires additional services, ROSS HVAC LLC will, at its discretion, perform the services at additional charges or choose not to perform the Equipment installation.
Equipment Installation services and charges do not cover, and ROSS HVAC LLC does not provide, modification or 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, water, electrical, drainage, or ventilation systems to facilitate cooling and/or safe operation of Equipment installed. We assume and accept that the area and systems or services which have been provided to accommodate the Equipment installation have been prepared to conform to the needs of the Equipment and meet all applicable regulatory requirements and codes. We do not verify that correct ventilation, electrical, water supply, water drainage requirements have been met specific to the Equipment installed. It is the customer’s responsibility to make sure all systems meet local building codes, and are available to facilitate installation using standard materials associated with the installation of that type of Equipment.
Estimate
Estimates provided are not a guaranteed price and are an estimate of the cost of service based on initial site visit, if applicable. Pricing may vary based on several factors and availability of parts can change at any time. This estimate may be withdrawn by us if not accepted within 5 days of submission.
For estimates including Special Order Parts, a card on file may be required to move forward following approval of the estimate. This is required for all factory back orders as well as Subzero, Wolf, Cove, Asko, Viking, Peloton, Sybex, True e.t.c. orders. Once these special parts have shipped, the order cannot be canceled or returned.
Service Warranty
Our Service Call and Repair warranty is 45 days. The warranty provides that if within 45 days from the date of initial service, the Equipment fails to operate for reasons related to the original repair service when used normally in accordance with manufacturer guidelines, we will return and replace any parts installed by our company that failed due to defects in the material or workmanship and perform any labor related to the original repair free of charge.
Warranty excludes breakdowns or malfunctions not related to original repair. There is no warranty against additional or more extensive repairs, against other problems that may occur on the same machine (even if involving what appear to be identical symptoms), or against incidental damages.
Service Call and Repair warranty is void if there has been additional work or inspections performed or damage caused by any party other than our company. Repair charges (excluding warranty parts costs) will apply if beyond the Service Call and Repair warranty period or if these warranties are void. Return site visits to install customer provided parts will be subject to additional charges such as a service call fee and labor. We do not return electrical or special order parts.
Intermittent Condition
There is absolutely no labor warranty on any unit with an intermittent problem. Since the problem is not always apparent, it cannot be traced. The only time such a problem can be traced is when the problem actually exists at the time of diagnosis.
Please note that a breakdown of the machine in the future which shows similar symptoms covered by the initial repair may be due to another fault or a different component. The engineer will be able to determine if this is the case.
Sales Warranty
Used Equipment Sales are Final Sale. Parts and labor covered by a 45 day warranty unless otherwise noted on the invoice. New Equipment Sales are Final Sale. Service and warranty inquiries must be made directly through the manufacturer.
Note: Residential products being placed in a commercial space or multi-housing location, typically have different limited warranty terms in comparison to a residential product being placed in a single family household setting. It is the customer’s responsibility to determine which warranty applies to their product and circumstances.
Limitation of Liability
In the event inspections or repairs cannot be performed, are delayed for any reason, or are not successful, our liability for damages including consequential damages is limited to the amount actually paid by the customer.
Warranty / Extended Warranty / Service Contract Liability Release
ROSS HVAC LLC may perform work on a customer’s Equipment(s) that is under a Manufacturer’s Warranty, Extended Warranty, or a Service Contract. This repair will be made for due consideration. The customer confirms that this repair will be paid for by the customer and it is the customer’s responsibility to seek any payment or reimbursement from the manufacturer’s warranty, extended warranty, or service contract if applicable. Customer also agrees that the liability for the cost of this repair is not waived and agrees to be personally responsible for the cost of this repair in the event the manufacturer / service contract company / extended warranty provider fails to pay any portion of the charges for any reason. In the event that the customer is directly billed for all or a portion of the cost of repairs, the customer agrees to remit said charges immediately, as well as the reasonable cost of collection, including any attorney fees. Having been advised and understanding the service technician will be as careful as possible in undertaking the repairs, I hereby release ROSS HVAC LLC, its successors in interest; its past, present, and future owners, officers, directors, agents, employees, technicians, insurers, reinsurers and assigns for any and all liability, actual, express and implied, of damages, damage costs or expenses of any kind arising out of and in the course of ROSS HVAC LLC, its agents or employees under training to repair any or all of your Equipments.
Out of guarantee repairs and other chargeable repairs
If the Equipment is out of guarantee or warranty, the repair will be chargeable. Even if the appliance is under guarantee, we may still charge for the repair. By agreeing to these terms and conditions you are also agreeing to the terms and conditions of the guarantee.
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.
Waiver Of Damages When Inspecting Or Repairing Defective Equipments
You understand there are inherent risks in such acts. There is risk of damage to the machine itself, and to the failed part(s) and/or surrounding parts. Rust, corrosion, stripped screws, and other issues caused by normal wear and tear may make usual disassembly and inspection of the Equipment impossible. Seized or partially failing parts may fail completely upon disassembly, testing, or inspection. In these situations surrounding parts can fail or be inadvertently damaged. You promise to hold faultless, both the technician and ROSS HVAC LLC, from any and every liability associated with any such damages as may occur in connection with these acts.
Waiver Of Damages When Moving Equipment
You understand there is inherent risk when moving Equipments. There is 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 Equipment. In exchange for his willingness to do so, you promise to hold faultless, both the technician and ROSS HVAC 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. Except for cases of gross, clearly proven, and explicitly identifiable carelessness by the technician, you promise to hold harmless ROSS HVAC LLC Service, 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
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 the same carries inherent risk. Diagnoses are not always straightforward, and, even when carefully performed, repair 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 canceled or failed events, inability to service customers, etc. You acknowledge that, by undertaking to service and/or repair your Equipment, ROSS HVAC 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 ROSS HVAC LLC Service, its 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.
Waiver Of Damages From Sealed System Repair
You understand that refrigeration sealed system repairs consist of a multiplicity of complex components, any of which can fail without warning, and that any effort to service and/or repair the same carries inherent risk. Diagnoses are not always straightforward, and, even when carefully performed, repair and/or service work may involve imperfections that result in failure of the machinery to perform as intended. Refrigeration sealed systems carry the additional risk involved in soldering and/or welding the copper or aluminum tubing in a sealed system. Often this work is performed in a customer’s home in confined and restrictive spaces. This creates additional risks from the heat and flames generated in the soldering or welding process. ROSS HVAC LLC technicians will take care to avoid such risks and any resulting damage however those risks are not always apparent or avoidable. You acknowledge that, by undertaking to service and/or repair your Equipment, ROSS HVAC LLC is not accepting responsibility for any such risks or damage. You agree all such risks are your own (and/or your company’s) alone, and you agree to hold harmless and exempt from liability ROSS HVAC LLC Service, its 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.
Waiver Of Damages From Electrical Issues
You understand that electrical parts and systems consist of a multiplicity of complex components, any of which can fail without warning, and that any effort to service and/or repair the same carries inherent risk. Diagnoses are not always straightforward, and, even when carefully performed, repair and/or service work may involve imperfections that result in failure of the machinery to perform as intended. A large number of electrical issues can damage components. Some examples are lightning, power surges, incorrect or deficient wiring, fluctuations, and other component failures. You acknowledge that electrical damage can happen at any time and for reasons that often cannot be traced or proven. You agree all such risks are your own (and/or your company’s) alone, and you agree to hold harmless and exempt from liability ROSS HVAC LLC, its agents and employees from any and all such responsibility. By allowing the technician to commence work, you explicitly waive the right to any contrary claim.
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 the surface fracturing. While expecting the technician to exercise every due level of care, you nevertheless recognize that the Technician and ROSS HVAC LLC 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 ROSS HVAC LLC, its agents and employees from any and all such responsibility. By allowing the technician to commence work, you explicitly waive the right to any contrary claim.