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TERMS AND CONDITIONS MIKE’S APPLIANCES, LLC The following terms and conditions will apply to all services provide by Mike’s Appliances, LLC (“Mike’s Appliances”) to You (“Buyer”). It shall be the Buyer’s sole responsibility to be familiar with these General Terms and Conditions, prior to install beginning. Allowing the work to commence constitutes acceptance of all conditions herein. 1. LIMITED WARRANTY. For repairs, parts and service provided by Mike’s Appliances, we warrant that the repairs, parts and service we provide to you will be free from defects in material and workmanship. The duration of this warranty is ninety (90) days from as applicable (i) the date of your receipt of the part, or (ii) the date of repair or service. If during this ninety-day period you discover a defect in the repairs, parts or service you must promptly notify us in writing. Mike’s Appliances’ obligation for defective parts and/or workmanship, and Buyer’s exclusive remedy, shall be limited, at Mike’s Appliance’s option, to the replacement of any defective parts or workmanship or the refund of amounts paid by Buyer for said the service and parts. All warranty claims are subject to inspection and approval by Mike’s Appliances. The foregoing 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 Mike’s Appliances; d) repair of any appliance that has been moved from the location at which it was originally repaired or installed by Mike’s Appliances; or e) repairs on appliances for which parts are no longer available from the original manufacturer. Additionally, Mike’s Appliances shall be under no legal obligation to honor any warranty set forth herein unless Customer has paid all amounts owed. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES EXTEND ONLY TO BUYER. 2. LIMITAION OF DAMAGES. Mike’s Appliances shall not be responsible for any special, incidental, indirect, or consequential damages, arising from breach of warranty, breach of contract, negligence, or any other legal theory in connection with this agreement. Mike’s Appliances’ liability for damages is limited to the amount actually paid by the customer. 3. ENTIRE AGREEMENT. These General Terms and Conditions of Service and each SALES RECEIPT constitute the complete agreement (“Agreement”) between Mike’s Appliances and Buyer and supersede all prior or contemporaneous agreements or representations, written or oral. 4. GOVERNING LAW, CHOICE OF VENUE, AND DISPUTE RESOLUTION. This Agreement shall be governed by the laws of the state of Colorado. Proper venue for resolution of any dispute arising under this Agreement shall be the Courts for the City and County of Denver, Colorado. Upon election in the sole discretion of Mike’s Appliance, any dispute arising under this Agreement shall be submitted for binding arbitration. 5. DAMAGE WAIVERS. a. Refrigerators. Mike’s Appliances shall not connect refrigerators to water lines. Mike’s Appliances shall not be responsible for any damage resulting from faulty water lined installed to the refrigerator. b. Gas Lines. Mike’s Appliances will not install or connect gas lines. Mike’s Appliances shall not be responsible for any damage resulting from the faulty installation or connection of a gas line. c. Dryers or Stoves. Mike’s Appliances shall not be responsible for damage or failure of any appliances as a result of misuse of such appliance. Misuse of appliances, outside of the purpose for which they are designed is a hazard and could result in fires, failure of the appliance, and other dangerous conditions. d. Washing Machines. Mike’s Appliances is not responsible for damage resulting from improper installation of water lines, except where such failure is determined, in Mike’s Appliances’ sole discretion, to be the result of gross negligence and then only to the extent and limitations set forth herein. 6. REFUND POLICY. Items returned for non-mechanical failure according to warranty policy guidelines are subject to a restock/handling fee of $60.00. If the item is returned within thirty (30) calendar days from the date of purchase, product value will be prorated in value according to the date returned. The restocking fee will be reduced to $20.00 if Buyer returns item to the store
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