- The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
- The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which
consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
- SERVICES PROVIDED
- The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”): In Home Appliance Repair, Sales, and Installation.
- The Services will also include any other tasks which the Parties may agree on.
- The Contractor will charge the Client for the Services as follows (the
- The Customer agrees to pay the trip fee of $129.00 for C.O.D. repair services.
- The technician will provide a written estimate for the prescribed repairs.
- Customer agrees to pay the entire balance due upon completion of customer approved repairs.
- Invoices submitted by the Contractor to the Client are due upon receipt.
- In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the
Contractor will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Contractor.
- REIMBURSEMENT OF EXPENSES
- The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.
- All expenses must be pre-approved by the Client.
- INTEREST ON LATE PAYMENTS
- Interest payable on any overdue amounts under this Agreement is charged at a rate of 25.00% per annum or at the maximum rate enforceable under applicable legislation, whichever is lower.
- RETURN OF PROPERTY
- Upon the expiration or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or confidential information which is the property of the Client.
- In the event that this Agreement is terminated by the Client prior to completion of the Services the Contractor will be entitled to recovery from the site or premises where the Services were carried out, of any materials or equipment which is the property of the Contractor or, where agreed between the Parties, to compensation in lieu of recovery.
- CAPACITY/INDEPENDENT CONTRACTOR
- In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.
- RIGHT OF SUBSTITUTION
- Except as otherwise provided in this Agreement, the Contractor may, at the Contractor’s absolute discretion, engage a third party subcontractor to perform
some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
- In the event that the Contractor hires a subcontractor:
- The Contractor will pay the subcontractor for its services and the Compensation will remain payable by the Client to the Contractor.
- For the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
- Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
- Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw
materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
- NO EXCLUSIVITY
- The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third
parties for the provision of services similar to the Services.
- All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
426 E 4th St Hanford, CA 93230
- Or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon being served personally, (b) two days after being deposited with the postal service if served by registered mail, or (c) the following day after being deposited with an overnight courier.
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
- WARRANTY INFORMATION
- All appliance repairs performed by Conner’s Appliance and paid for directly by the customer are subject to the Conner’s Appliance Service Corp. “LIMITED SERVICE WARRANTY” which can be found here.
- All appliances sold by Conner’s Appliance and paid for directly by the customer are subject to the Conner’s Appliance Service Corp. “LIMITED APPLIANCE WARRANTY” which can be found here.
- All appliance parts sold by Conner’s Appliance, NOT installed by Conner’s Appliance Repair Professionals (i.e. DIY Homeowners, counter sales, and parts ordered and shipped to the customer which are paid for directly by the customer, are subject to the Conner’s Appliance Service Corp. “LIMITED APPLIANCE PARTS WARRANTY” which can be found here.
- MODIFICATION OF AGREEMENT
- Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
- TIME OF THE ESSENCE
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
- The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
- ENTIRE AGREEMENT
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
- This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
- Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
- GOVERNING LAW
- This Agreement will be governed by and construed in accordance with the laws of the State of California.
- In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
- Waiver of Damages When Moving Appliance
- I have been informed by the technician that my appliance must be moved to be serviced. I understand there is inherent risk in such a movement. There is risk of damage to the machine itself, and to areas surrounding its installation, including but not limited to flooring, cabinetry and countertops. I acknowledge the technician is not required to move the appliance. In exchange for his willingness to do so, I promise to hold faultless, both the technician and Conner’s Appliance Service, 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
- I understand the machinery that’s being worked on is connected with my 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 this technician, I promise to hold harmless Conner’s Appliance Service, its principals, agents and employees from any and all damages, harms or liability that may result from such an occurrence. By signing below, I explicitly waive the right to any contrary claim.
- Waiver of Damages from Lifting Glass Cooktop
- I 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, I nevertheless recognize that he and Conner’s Appliance Service explicitly refrain from accepting any responsibility for these risks. I agree all such risks are mine (and/or my company’s) alone, and I agree to hold harmless and exempt from liability Conner’s Appliance Service, it’s agents and employees from any and all such responsibility.
- Waiver of Damages from Failed Cooling
- I 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 cancelled or failed events, inability to service customers, etc. I acknowledge that, by undertaking to service and/or repair my equipment, Conner’s Appliance Service is not accepting responsibility for any such risks. I agree all such risks are mine (and/or my company’s) alone, and I agree to hold harmless and exempt from liability Conner’s Appliance Service, it’s agents and employees from any and all such harms.