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Terms and Conditions

Appliance Repair Services Agreement

This Appliance Repair Services Agreement (the "Agreement") is made and entered into as of the date of service (the "Effective Date") by and between FoCo Appliance, a Colorado S-Corp with its principal place of business at 925 Mansfield Dr, Fort Collins, CO 80525 (the "Company"), and the customer identified on the service invoice or work order (the "Customer").

1. Scope of Services:

The Company agrees to provide appliance repair services as described in the service invoice or work order (the "Services") for the appliance(s) identified therein (the "Appliance(s)"). The scope of Services is limited to the specific issue(s) diagnosed and agreed upon. Any additional issues discovered during the repair process may require a separate estimate and authorization from the Customer.

2. Estimates and Pricing:

  • Estimates: The Company may provide a non-binding estimate for the cost of Services, including labor and parts. This estimate is based on our initial assessment and may be subject to change upon further inspection or discovery of additional issues.

  • Authorization: The Customer acknowledges that by authorizing the commencement of Services, they agree to pay for all labor performed, even if the repair is unsuccessful due to unforeseen circumstances not reasonably discoverable during the initial assessment.

  • Hourly Rates and Fees: If applicable, the Customer agrees to pay the Company's standard hourly rates for labor, plus the cost of any parts, materials, and applicable taxes. Travel fees may apply and will be disclosed to the Customer prior to the commencement of Services.

  • Minimum Service Charge: The Company may have a minimum service charge that applies regardless of the extent of the repair. This will be disclosed to the Customer prior to the commencement of Services.

  • Payment for Parts: The Customer is responsible for the cost of all parts required for the repair. The Company may require a deposit for special order parts.

3. Payment Terms:

  • Payment Due: Payment for all Services, parts, and applicable taxes is due immediately upon completion of the Services, unless otherwise agreed upon in writing.

  • Accepted Payment Methods: The Company accepts credit cards, debit cards, checks, cash and electronic transfers of funds through Venmo.

  • Late Payment: In the event of late payment, the Company reserves the right to charge a late payment fee of $49 per month on the outstanding balance, or the maximum amount permitted by law, whichever is lower. The Customer shall also be responsible for all costs of collection, including but not limited to reasonable attorney's fees and court costs.

  • Returned Checks: A fee of $35 will be charged for any returned checks.

  • Right of Lien: The Customer acknowledges and agrees that the Company has a possessory lien on the Appliance(s) for the value of the Services performed and parts supplied until full payment is received. The Company reserves the right to retain possession of the Appliance(s) until all outstanding balances are paid. If payment is not made within 90 days of completion of Services, the Company may, in accordance with applicable law, dispose of the Appliance(s) to recover the outstanding debt and associated costs.

4. Access to Appliance and Premises:

The Customer shall provide the Company's service technician(s) with safe and unobstructed access to the Appliance(s) and the surrounding area necessary to perform the Services. The Customer is responsible for ensuring a safe working environment for the technician(s). The Company reserves the right to refuse service if the work environment is deemed unsafe or inaccessible.

5. Customer Responsibilities:

  • The Customer warrants that they are the owner of the Appliance(s) or have the authority to authorize the repair.

  • The Customer is responsible for providing accurate information about the Appliance(s) and the nature of the problem.

  • The Customer is responsible for moving any personal belongings that may obstruct access to the Appliance(s).

6. Limited Warranty:

  • The Company warrants its labor for a period of 90 days from the date of completion of the Services (the "Warranty Period"). This warranty covers defects in workmanship only and does not cover:

    • New or pre-existing conditions unrelated to the Services performed.

    • Damage caused by misuse, neglect, accident, or acts of God.

    • Normal wear and tear.

    • Repairs attempted by the Customer or a third party.

    • Cosmetic damage.

  • Any parts supplied by the Company may be covered by the manufacturer's warranty. The Company will use commercially reasonable efforts to assist the Customer in making a claim under such warranty, but the Company makes no independent warranty on parts.

  • Exclusive Remedy: In the event of a defect in workmanship during the Warranty Period, the Company's sole obligation and the Customer's exclusive remedy shall be for the Company to re-perform the defective Services at no additional labor cost to the Customer. The Customer must notify the Company in writing of any warranty claim within 7 days of discovering the defect and before the expiration of the Warranty Period. Failure to do so will void the warranty.

  • Disclaimer of Other Warranties: EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE APPLIANCE(S), INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, OR BUSINESS INTERRUPTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL LIABILITY TO THE CUSTOMER FOR ANY CLAIM ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT, OR THE APPLIANCE(S) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO THE COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

8. Protection of Employees and Subcontractors:

  • The Customer agrees to treat the Company's employees and subcontractors with respect and courtesy.

  • The Customer shall not engage in any abusive, threatening, or harassing behavior towards the Company's employees or subcontractors.

  • The Company reserves the right to remove its employees or subcontractors from the Customer's premises if they feel unsafe or are subjected to inappropriate behavior. In such cases, the Customer may still be responsible for payment for services rendered up to that point, as well as any applicable trip charges.

9. Force Majeure:

The Company shall not be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, strikes, labor disputes, material shortages, government regulations, or transportation delays.

10. Entire Agreement:

This Agreement, together with the service invoice or work order, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter hereof.

11. Governing Law and Dispute Resolution:

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Larimer County, Fort Collins, Colorado. The prevailing party in any such dispute shall be entitled to recover its reasonable attorney's fees and costs.

12. Severability:

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

13. Modification:

No modification or amendment of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

14. Assignment:

The Customer shall not assign or transfer their rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under this Agreement without the Customer's consent.

15. Notices:

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or sent by reputable overnight courier service, addressed to the respective parties at their addresses set forth herein or as otherwise specified in writing.

By authorizing the Services, the Customer acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Appliance Repair Services Agreement.

Please retain a copy of this Agreement for your records.

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