ProTech Appliance Repair (ProTech TX LLC) policy

ProTech TX LLC’s GENERAL TERMS AND CONDITIONS OF SERVICE
By signing the Service Order or submitting payment to ProTech TX LLC (hereinafter “we”, “our”, “ VSMISLI”, "ProTech" and/or “ProTech Appliance Repair”) you (hereinafter “you, “your” and/or the “Customer”) agree and accept the terms of the Service Order and the following terms and conditions (“General Terms and Conditions of Service”).

The General Terms and Conditions of Service will apply to any services performed and/or goods provided by 3rd party servicer referred by ProTech TX LLC.

It is your responsibility to familiarize yourself with these General Terms and Conditions of Service prior to allowing a 3rd party servicer referred by ProTech to commence work. Allowing a 3rd party servicer to commence service constitutes acceptance of the Service Order and the General Terms and Conditions of Service as detailed herein, even if you are not the owner of the subject property or appliances.

I. NON-REFUNDABLE DIAGNOSTIC FEE

1. We charge a non-refundable service fee of $65 for regular brands or $99 for high-end brands (the “Diagnostic Fee”) for all non-warranty visits to the Customer’s residence or business. The Service Fee will be quoted to you before our stay and must be paid before commencing the performance of diagnostic or other services. The Service Fee covers costs incurred by ProTech for advertisement and other expenses required to make an appointment with the 3rd party service technician. By accepting the Service Order, you acknowledge and agree:

a. There is no guarantee that 3rd party servicer will correctly assess the issue during the diagnostic service;

b. To pay the Service Fee in full regardless of whether 3rd party servicer performs recommended repairs or not, and regardless of whether is an accurate assessment of the issue; and

c. That the Service Fee will be credited toward the cost to repair in the event that Customer agrees to have ProTech and 3rd party servicer perform the recommended repair or replacement, and all repairs and replacements are completed in full.

2. When diagnosing, new breakdowns are possible that cannot be prevented. For example, you may have reported that your microwave was noisy, and when turned on by 3rd party servicer, the control board may break. ProTech takes no responsibility or liability for an appliance that incurs an additional breakdown (in this case, the control board) during the diagnostic process.

II. PRICE QUOTE

1. The estimate section of the Service Order summarizes the costs for the parts and services we estimate are required to repair your appliance(s) (the “Price Quote”). By accepting the Service Order, you acknowledge that you agree to the terms of the Price Quote and the agreed-upon scope of work. If applicable, sales tax is included in the Price Quote. You also acknowledge that the Price Quote is only an estimate and that the total repair cost may exceed the Price Quote. If the total price exceeds the Price Quote, then ProTech and 3rd party servicer will not do the work unless it obtains consent from you; if support is provided, then that will increase the total due under the Price Quote. The Price Quote is valid for 30 days from the sending date.

III. PAYMENT TERMS AND COLLECTION COSTS

1. Payment is due and will be collected upon completion of the services unless ProTech agrees in writing to different terms. Payment must be made by credit card. If the transaction is over $500, payment may also be made by credit card or check. Any dishonored check or bank draft will be charged a processing fee of $50.00. ATTENTION! ProTech doesn't accept cash at all!

2. If paying by credit or debit card, you authorize ProTech to charge the applicable card supplied to pay all fees you permit us to process. The card provided will be kept on file and will remain in effect until the account's expiration for the applicable card. You may revoke this authorization by submitting a written request to ProTech, provided there is no debt under any agreements with ProTech. You agree to pay the cost for any returned or challenged payments.

3. If we incur any costs, expenses, or fees, including reasonable attorney’s fees and professional collection services fees, in connection with the collection or payment of any amounts due to us, you agree to reimburse us for all such costs, expenses, and prices. Past due amounts shall bear interest at the annual rate of 18%, or the maximum otherwise allowed by law, whichever is less.

4. In the case where Customer chooses ProTech and 3rd party servicer to perform the repairs based on the diagnostic assessment, Customer is required to make an advance payment equal to the sum of parts and the Diagnostics Fee, but not less than 50% of the total amount of the invoice.

5. If the Customer refuses a repair after the necessary part was already ordered, there are two options:

a. The Customer keeps the part. The Customer pays for the full cost of the parts, shipping, and the service fee of $65 for regular brands or $99 for high-end brands.

b. The part is returned to the supplier by 3rd party servicer. In this case, you agree to pay double the shipping cost, a non-delivery fee equal to 20% of the cost of the part, and a service fee of $65 for regular brands or $99 for high-end brands. Backorder parts can not be returned and must be provided to the customer based on Payment terms and collection costs Section 5a.

6. If the Customer does not request to leave used parts in writing before the repair, any replaced removed parts shall be deemed recycled and will no longer be available for return to the Customer, except if the 3rd party servicer cannot provide this service.

IV. LIMITED WARRANTY
1. If after we repair an appliance, it does not fulfill its primary function (e.g., if a refrigerator does not cool, a dishwasher does not wash, etc.). You will be entitled to a refund of what you paid us for labor so long as you notify us within 3 days of our completion of the work by email and 3rd party servicer or other authorized party confirms the fact of the prime function issue. This "Special Warranty" program does not apply to the repair of the sealed systems except that part of the work was made under the ProTech invoice.

2. The warranty for parts includes the standard limited parts warranty to replace defective parts covered under such warranty, exclusive of labor. For repairs and services provided by us, we warrant to you that the repairs and services we provide to you will be free from defects in workmanship. Our warranty for labor is 30 days, determined by the repair date or service. You may extend the duration of our warranty for labor by no more than an additional 11 months by paying 5% of the total invoice price for each extra month you wish to purchase. Suppose you want to extend the duration of our one-month warranty for labor. In that case, you must notify ProTech in writing within 3 days of ProTech’s completion of the services for which you wish to extend the warranty. For all regular parts, the warranty is 30 days. For sealed system parts, the warranty period is 180 days.

a. If during this period you discover a defect in the repairs, parts, or service, you must promptly notify us in writing.

b. The customer is entitled to one free recall visit within 30 days for all labor services. If the Company confirms that a warranty case causes the issue of the active standard warranty, the Company will refresh the one free recall visit after the completion of the warranty repair. If the repair was done with extra paid service, the 3-day Special warranty will be renewed. If the customer has already used the free visit and the technician determines that the case is not covered under warranty, any subsequent requests regarding the same appliance will incur a charge, even if the labor warranty is still active until another 3rd party servicer or other authorized party confirms that the warranty covers the issue during the active warranty period.

c. During a paid visit within the active labor warranty period, if the Company confirms that a warranty case causes the issue, the Company will refund the last paid service fee charged on top. If the Company verifies that a warranty case indeed causes the issue, the Company will provide one additional free visit during the active labor warranty period.

d. If, for any reason, the Company cannot provide a visit in 10 business days within the active labor warranty period, the labor cost, except the service fee, will be refunded to the original payment method.

e. If the part is still under warranty, the Customer may be eligible for a refund. However, the Customer must provide a report from another registered company confirming the defect within the part's warranty period. The information should include an explanation proving the defect and photos of the issue with the part.

f. If the installed part is found to be defective and is available for reorder, the Company will ship a replacement part. The shipping of the replacement part may take up to 15 business days, but it is not limited to that timeframe.

g. If the defective part is not available for reorder, the Company will refund the original cost plus taxes.

h. ProTech’s obligation for defective parts and/or workmanship, and Customer’s exclusive remedy, shall be limited to, at ProTech’s option, the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said service and parts. IMPORTANT: used parts and shipping are not refundable. All warranty claims are subject to inspection and approval by ProTech.

3. Please note that the parts and labor warranties provided by ProTech are limited to parts that ProTech repaired only. The preceding warranties do not apply in any manner to the following: a) repair or replacement of any appliances used for any commercial or industrial application; b) cosmetic or non-functional parts, including but not limited to glass, trim, knobs, panels, racks, tanks, tubs, baskets, structural parts, doors, door liners, and shelves; c) plumbing supply water lines to any appliance, whether replaced or recommended for replacement by ProTech; d) repair of any appliance that has been moved from the location at which it was initially repaired or installed by ProTech; or e) repairs on appliances for which parts are no longer available from the original manufacturer. Additionally, ProTech shall be under no legal obligation to honor any warranty set forth herein unless Customer has paid all amounts owed to ProTech. Should Customer claim ProTech has not met the warranty provided for herein, Customer must provide an invoice from a third-party appliance servicer evidencing such claim for ProTech’s consideration.

4. Customer’s interference with any service or repair and/or Customer’s failure to allow ProTech to fulfill its warranty obligations shall breach this Agreement. ProTech's remedies for such breach shall include, but not be limited to, ceasing all services and/or repairs. In all such cases, the total value of the Price Quote and/or Diagnostic Fee shall be due immediately to ProTech.

5. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES EXTEND ONLY TO CUSTOMERS AND CANNOT BE ASSIGNED.

V. LIMITATION OF DAMAGES

1. PROTECH SHALL NOT BE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM A BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY IN CONNECTION WITH THIS AGREEMENT. PROTECH LIABILITY FOR DAMAGES IS LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER.

VI. CORE CHARGE

1. All electronic boards have a category of “Core charge.” After the installation of the new board, the old part will be shipped to the manufacturer. The amount of the core charge is not included in the invoice. If ProTech cannot recoup the region, the Customer has to pay the Core charge (minimum $60).

VII. GOVERNING LAW AND DISPUTE RESOLUTION

1. Please carefully read this provision, which applies to any dispute between you and ProTech and its affiliates.

2. If you have a concern or dispute, please send a written notice describing it and your desired resolution to protech.office.usa@gmail.com.

3. If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and ProTech will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in Solano County. This includes claims arising before this Agreement.

4. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.

5. The arbitrator may only resolve disputes between you and ProTech and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others. In other words, you and ProTech may bring claims against the other only in your or its capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court, and any other claims must be arbitrated.

VIII. FLOOR AND FURNITURE PROTECTION

1. You may purchase floor protection for $150 to provide absolute protection if damage to your floor is directly caused by 3rd party servicer referred by ProTech (“Floor Protection''). You may also purchase furniture protection for $150 to provide absolute protection if damage to your furniture is directly caused by 3rd party servicer referred by ProTech (“Furniture Protection”). If you wish to purchase Floor Protection or Furniture Protection, you must notify ProTech in writing by emailing protech.office.usa@gmail.com when you approve the Price Quote if you believe that our technician damaged your furniture and you purchased Furniture Protection. In that case, you have to notify the technician of such damage before the technician leaves the job site. If you believe that 3rd party servicer damaged your floor and you purchased Floor Protection, you have to notify the technician of such damage before the technician leaves the job site. If you timely reported damage as required by the preceding sentence, then in our sole discretion, we will attempt to repair the damage or issue the claim with 3rd party servicer general liability company. If we cannot fix the damage, you may obtain and present a quote from a licensed contractor to repair the damage. We will either provide payment to you in the amount of your quote, hire a contractor to complete the repair or tender a claim to 3rd party servicer insurance company. If you elect not to purchase Floor Protection and do not timely notify us of damage, you acknowledge that ProTech is not responsible for any damage to your floors. If you elect not to purchase Furniture Protection and do not timely notify us of damage, you acknowledge that ProTech is not responsible for any damage to your furniture.

IX. DAMAGE WAIVERS

1. It is the responsibility of the customer to familiarize themselves with waivers we have in place surrounding the provision of any services we provide. We only provide services under these waivers and our price is based on the customer accepting our waivers. By requesting that we perform the work, you are accepting our waivers.

2. Waiver of Damages When Moving Appliance. You understand there is an inherent risk when moving appliances. There is a risk of damage to the machine itself and to areas surrounding its installation, including but not limited to flooring, cabinetry, and countertops. You acknowledge that we are not required to move the appliance. In exchange for our willingness to do so, you promise to hold harmless both the 3rd party servicer and ProTech from any and every liability associated with any such damage as may occur in connection with this movement.

3. Waiver of Damages When Working with Mechanical Systems. You understand the machinery that’s being worked on is connected with the building’s other mechanical systems (such as water and gas lines), 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, flooding, and/or other damage within the building, causing significant and sometimes catastrophic damage. Excepting
for cases of gross, clearly proven, and explicitly identifiable negligence by the 3rd party servicer, you promise to indemnify, defend, and hold harmless both the 3rd party servicer and ProTech, its principals, agents, and employees from any and all damages, harms or liability that may result from such an occurrence.

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 risks. Diagnoses are not always straightforward, and, even when carefully performed, repairing this equipment 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, 3rd party servicer and ProTech 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 3rd party servicer and ProTech, its agents, and employees from any and all such harms. By allowing the 3rd party servicer to commence work, you explicitly waive the right to any contrary claim.

5. Waiver of Damages from Lifting Glass Cook Top. You understand that, in lifting a glass/ceramic cooktop surface to access components below, 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 ProTech are not assuming 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 3rd party servicer and ProTech, its agents, and employees from any and all such responsibility.

X. MISCELLANEOUS

1. These General Terms and Conditions of Service and each Service Order constitute the complete agreement (“Agreement”) between ProTech, 3rd party servicer, and Customer and supersede all prior or contemporaneous agreements or representations, written or oral.

2. Each term and provision of this Agreement that should by its sense and context survive any termination or expiration of this Agreement, shall so survive regardless of the cause and even if resulting from the material breach of either party to this Agreement.

3. If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.