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Appliance Maintenance Service Agreement

This Home Appliance Preventive Maintenance Service Agreement (“Agreement”) is entered into as of the Effective Date set forth on the Customer Enrollment Form (“Effective Date”) by and between:

Handler Appliance (“Company”), duly registered and licensed where required by law, and the customer identified in the Enrollment Form (“Customer”).

Company and Customer may be referred to individually as a “Party” and collectively as the “Parties.”

1. PURPOSE

The purpose of this Agreement is to provide preventative maintenance services for major household appliances as selected by Customer at enrollment under either:

  • Standard Maintenance Plan

  • VIP Maintenance Plan

These plans are designed to reduce unexpected breakdowns, extend appliance lifespan, minimize downtime, and provide priority service access.

2. DEFINITIONS

For purposes of this Agreement:

  • Covered Appliances means eligible major residential appliances located at the Service Address and listed in the Enrollment Form.

  • Preventative Maintenance Services means inspections, cleanings, adjustments, testing, and manufacturer-recommended tune-ups intended to maintain proper appliance operation.

  • Service Address means the residential property identified in the Enrollment Form.

  • Membership Term means the initial twelve (12) month period beginning on the Effective Date unless otherwise specified.

  • Repair Services means corrective services required due to malfunction, failure, or breakdown.

3. PLAN OPTIONS AND DIFFERENTIATION

Customer shall select one of the following plans.

3.1 Standard Maintenance Plan

Includes:

  • One scheduled preventative maintenance visit per year per Membership Term

  • Multi-point inspection and safety check

  • Basic cleaning of accessible components

  • Performance testing and calibration adjustments (where applicable)

  • Standard scheduling priority

  • 5% discount on labor charges for non-covered repairs

  • Digital service report following each visit

Response time for repair requests: typically within 3–5 business days, subject to availability.

3.2 VIP Maintenance Plan

Includes all Standard Plan benefits, plus:

  • Enhanced system performance evaluation

  • Deep cleaning of accessible components and airflow systems (where applicable)

  • Proactive replacement recommendations and maintenance planning

  • Priority scheduling for all service calls

  • Expedited repair response (typically within 1–2 business days, subject to availability)

  • 10% discount on labor charges for non-covered repairs

  • Expedited shipping discount if needed

  • One free diagnostic service fee waived if needed

  • Second year warranty on parts and labor on top of the regular one-year warranty

  • Free advice callback for minor troubleshooting

VIP members receive front-of-queue scheduling during peak service seasons.

4. COVERED APPLIANCES

Covered Appliances may include the following residential appliances if listed in the Enrollment Form:

  • Refrigerator

  • Freezer

  • Wine Cooler

  • Oven / Range / Cooktop

  • Vent Hood

  • Dishwasher

  • Microwave (built-in)

  • Washer

  • Dryer

  • Garbage disposal

  • Other approved appliances as agreed in writing

Commercial appliances and appliances used for business purposes are excluded unless expressly approved in writing.

5. SCOPE OF PREVENTATIVE MAINTENANCE SERVICES

Preventative Maintenance Services may include:

  • Visual inspection of major components

  • Cleaning of accessible coils, filters, vents, and drains

  • Tightening of accessible connections

  • Electrical connection inspection (non-invasive)

  • Operational performance testing

  • Safety checks

Services are limited to manufacturer-recommended preventative care and do not include major disassembly or internal sealed-system repairs.

6. EXCLUSIONS

This Agreement does not cover:

  • Major component replacement

  • Refrigerant recharge or sealed-system repair

  • Cosmetic damage

  • Damage due to misuse, neglect, abuse, or improper installation

  • Pre-existing conditions

  • Acts of God, fire, flood, storm, or power surge

  • Pest or rodent damage

  • Structural or electrical system defects

  • Manufacturer recall repairs

  • Appliances not listed in the Enrollment Form

Repair services are billed separately, subject to applicable plan discounts.

7. SERVICE SCHEDULING

7.1 Customer Responsibilities

Customer must:

  • Provide safe and unobstructed access to Covered Appliances

  • Ensure utilities (water, gas, electricity) are active

  • Be present during service or provide authorized access

7.2 Appointment Scheduling

Company will contact Customer to schedule preventative maintenance visits. Customer must schedule visits within the Membership Term. Unused visits do not roll over unless otherwise agreed in writing.

7.3 Missed Appointments

Failure to provide access may result in a service fee.

8. REPAIR DISCOUNTS

Plan discounts apply to labor charges only and do not apply to:

  • Parts

  • Specialty equipment

  • After-hours service (unless otherwise stated)

  • Subcontractor services

Discounts cannot be combined with other promotions unless approved by Company.

9. FEES AND PAYMENT TERMS

9.1 Plan Pricing

Pricing is set forth in the Enrollment Form.

9.2 Payment Options

Customer may pay:

  • Annually in advance

  • Monthly recurring billing (if offered)

9.3 Late Payments

Late payments may result in:

  • Suspension of benefits

  • Late fees

  • Termination of Agreement

9.4 Price Adjustments

Company may adjust renewal pricing with at least thirty (30) days prior written notice.

10. TERM AND RENEWAL

10.1 Initial Term

This Agreement begins on the Effective Date and continues for the Membership Term.

10.2 Automatic Renewal

Unless canceled at least thirty (30) days before expiration, this Agreement automatically renews for successive one-year terms.

10.3 Cancellation by Customer

Customer may cancel:

  • Within 10 days of enrollment for a full refund if no services were rendered

  • After services are rendered, no refunds

10.4 Cancellation by Company

Company may terminate for:

  • Non-payment

  • Unsafe service conditions

  • Misrepresentation

  • Abuse of service personnel

11. NO GUARANTEE OF FAILURE PREVENTION

Preventative maintenance reduces the likelihood of breakdown but does not guarantee uninterrupted appliance operation. Appliances may fail despite proper maintenance.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

  • Company’s total liability under this Agreement shall not exceed the total fees paid by Customer during the preceding twelve months

  • Company shall not be liable for indirect, incidental, special, punitive, or consequential damages including food spoilage, water damage, or loss of use

  • Company is not responsible for manufacturer defects

13. WARRANTY DISCLAIMER

Company provides services in a professional and workmanlike manner.

Except as expressly stated, Company disclaims all other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

Repair Services may carry a limited workmanship warranty as separately provided in writing.

14. INDEMNIFICATION

Customer agrees to indemnify and hold harmless Company from claims arising from:

  • Unsafe conditions at the Service Address

  • Customer misuse of appliances

  • Unauthorized modifications or repairs performed by third parties

15. FORCE MAJEURE

Company shall not be liable for delay or failure to perform due to events beyond reasonable control including natural disasters, labor shortages, supply chain disruptions, governmental actions, or severe weather.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Parties agree to attempt good faith resolution before formal proceedings.

16.2 Arbitration

Any dispute arising from this Agreement shall be resolved through binding arbitration in Passaic County, New Jersey unless prohibited by law.

Each Party shall bear its own attorney’s fees unless otherwise awarded.

17. ASSIGNMENT

Customer may not assign this Agreement without Company’s written consent. Company may assign this Agreement in connection with a merger, sale, or asset transfer.

18. GOVERNING LAW

This Agreement shall be governed by the laws of the State of New Jersey without regard to conflict of law principles.

19. ENTIRE AGREEMENT

This Agreement together with the Enrollment Form constitutes the entire agreement between the Parties and supersedes all prior discussions or representations.

Any modifications must be in writing and signed by both Parties.

20. ACKNOWLEDGMENT

By enrolling, Customer acknowledges:

  • Understanding of plan benefits and limitations

  • That preventative maintenance reduces but does not eliminate breakdown risk

  • Agreement to the terms and conditions herein