It is the responsibility of the customer to familiarize themselves with waivers we have in place surrounding the provision of any services we provide. The following waivers are applicable for all work performed and are assumed and accepted once you allow our technician to commence provision of service. In the event the repairs are not successful our liability for damages, including consequential damages, is limited to the amount actually paid by the customer. If one or part of these waivers is found to not be enforceable that will not prevent the remaining waivers from being enforced.
12.1. Waiver of Damages When Inspecting or Repairing Defective Appliances
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 appliance 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 Servexel LLC, from any and every liability associated with any such damages as may occur in connection with these acts.
12.2. Waiver of Damages When Moving Appliance
You understand there is inherent risk 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 countertops. You acknowledge the technician is not required to move the appliance. In exchange for his willingness to do so, you promise to hold faultless, both the technician and Servexel LLC, from any and every liability associated with any such damage as may occur in connection with this movement.
12.3 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 Servexel 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.
12.4 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 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 , Servexel 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 Servexel LLC, 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.
12.5 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. Servexel 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, Servexel 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 Servexel 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.
12.6 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 Servexel 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 Servexel 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.
12.7 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 Servexel 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.