These Terms and Conditions (“Terms”) govern all services performed by Top Appliance (“the Company”), including services performed by its employees, agents, subcontractors, or third-party technicians acting on behalf of the Company (“Technicians”). By accepting an estimate or invoice, or permitting any service to begin, the customer (“the Customer”) agrees to these Terms in full.
These Terms apply to all diagnostic, repair, installation, maintenance, and consultation services performed by the Company at any residential or commercial property, as described in the accompanying invoice, estimate, or service document.
The service call fee (“service fee”) is non-refundable under any circumstances, including but not limited to cases where:
A service call is considered rendered once a Technician arrives at the service address and performs diagnostic work and/or provides an estimate or invoice.
Rates:
If the Customer chooses not to proceed with repairs after payment, the Company will retain the full service call fee plus 3.5% of the paid balance (processing recovery fee).
Special-order and manufacturer parts are subject to supplier availability and lead times outside the Company’s control. The Company is not responsible for delays caused by suppliers, shipping carriers, manufacturer back-orders, or other events beyond its reasonable control (see Section 14, Force Majeure). Estimated completion dates are good-faith estimates, not guarantees. Special-order parts remain non-refundable once ordered.
The Company provides a ninety (90) day warranty from the date of service on labor performed. The warranty covers only the specific repair completed and does not extend to unrelated failures or secondary issues. Parts are covered by their respective manufacturer warranties where applicable.
EXCEPT FOR THE LIMITED NINETY (90) DAY LABOR WARRANTY EXPRESSLY STATED IN SECTION 5, ALL SERVICES, PARTS, AND WORKMANSHIP ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
This disclaimer does not affect any written warranty obligations governed by the federal Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301 et seq.) or any warranty rights that cannot be waived or limited under applicable Nevada or federal law. Where such law prohibits the exclusion of an implied warranty, any implied warranty is limited in duration to the ninety (90) day labor warranty period.
Payment is due upon receipt unless otherwise stated in writing. The Company accepts card payments and other methods as indicated on the invoice. Unpaid balances may be subject to collection and applicable processing fees. Past-due balances accrue interest at a rate of one and one-half percent (1.5%) per month (18% per annum), or the maximum rate permitted by Nevada law, whichever is less, until paid in full.
Where the Customer authorizes the Company to keep a payment card on file, that authorization is given separately and electronically, and permits the Company to charge the agreed deposit (no less than 50% of the estimated total) and the remaining balance upon completion of service. Card data is handled by a PCI-DSS–compliant payment processor; the Company does not store full card numbers on its own systems. The Customer may withdraw card-on-file authorization in writing at any time for future charges.
The Customer is responsible for providing safe and reasonable access to the equipment and service area. The Company reserves the right to reschedule or decline service where conditions are unsafe.
The Customer acknowledges that appliances, equipment, and the surrounding property may have pre-existing wear, damage, corrosion, prior repairs, code issues, or hidden defects that are not caused by the Company. The Company is not responsible for pre-existing conditions, or for damage that results from moving, accessing, or servicing equipment that is in poor, aged, or non-standard condition. Any pre-existing damage noted by the Technician will be recorded on the service document.
The Customer authorizes the Company and its technicians to take photographs, video, and other recordings of the appliance, equipment, and immediate work area before, during, and after service for the purposes of documentation, diagnosis, quality control, warranty, and dispute resolution. The Customer also consents to the Company collecting and processing the personal and service information described in the Company’s Privacy Policy in order to provide, invoice, and follow up on the service. Such media and records remain the property of the Company and may be retained as part of the service file.
To the fullest extent permitted by law, the Company’s total liability arising out of or relating to any service is limited to the amount paid by the Customer for that specific service. The Company is not liable for pre-existing conditions, indirect, incidental, special, or consequential damages, or for any issues unrelated to the service performed.
The Customer agrees that checking an “I agree” box, clicking to accept, or signing electronically (including on a technician’s device on site) has the same legal effect as a handwritten signature, and that estimates, invoices, authorizations, and these Terms may be provided and signed electronically. This consent is given under the Nevada Uniform Electronic Transactions Act (NRS Chapter 719) and the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §§ 7001 et seq.). Upon request, the Company will provide a copy of any electronically signed document by email or text message.
The Company may use an automated or AI-powered assistant to answer questions, provide general information, and help schedule service. Any prices, availability, or diagnoses provided by the automated assistant are informational estimates only, are not an offer or a binding quote, and must be confirmed by a Company technician. The final price and scope of work are those stated on the technician’s written estimate or invoice.
The Company is not liable for any delay or failure to perform caused by events beyond its reasonable control, including but not limited to supplier or manufacturer parts delays, shipping disruptions, labor shortages, utility failures, severe weather, fire, flood, acts of God, government action, or public health emergencies.
These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules. Subject to Section 17 (Arbitration), the exclusive venue for any dispute shall be the state or federal courts located in Clark County, Nevada, and the parties consent to the personal jurisdiction of those courts.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms or any service shall be resolved by final and binding arbitration administered on an individual basis, rather than in court, except that either party may bring an individual claim in small-claims court. THE CUSTOMER AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Arbitration shall take place in Clark County, Nevada, under the rules of a recognized arbitration provider, and judgment on the award may be entered in any court of competent jurisdiction.
In any action or proceeding to enforce these Terms or to collect any amount owed, the prevailing party shall be entitled to recover its reasonable attorney’s fees, arbitration or court costs, and collection expenses.
By paying or signing an invoice, checking an “I agree” box, or permitting service to begin, the Customer acknowledges having read, understood, and agreed to these Terms in full, including the arbitration and class-action waiver in Section 17.