Overview

This website is operated by Advanced Commercial Appliance Repair. Throughout the site, the terms "we," "us," and "our" and "Company" and "ACA Repair" refer to Advanced Commercial Appliance Repair. By using our website, you agree to comply with these terms and conditions ("Terms of Use"). These terms apply to all users, including browsers, vendors, customers, merchants, and contributors of content.

By accessing or using any part of our website, or using any of our services, you agree to be bound by these Terms of Use. If you do not agree with all the terms and conditions, you may not use our website or services. We reserve the right to update or change any part of these Terms of Use at any time, and it is your responsibility to check this page regularly for updates.

Section 1 – General Use of Our Site

By accessing our site, you confirm that you are at least the age of majority in your jurisdiction or have obtained parental consent. You agree not to use our site or services for any unlawful purposes or in violation of any local, state, national, or international laws. Any breach of these terms will result in the termination of your access to our services.

Section 2 – Privacy and Personal Information

Your submission of personal information through our website is governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and share your personal information.

Section 3 – Intellectual Property and Restrictions

All content provided on this site is the intellectual property of Advanced Commercial Appliance Repair. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the content without express written permission. Unauthorized use of the site may result in legal action.

Section 4 – Accuracy of Information

We strive to ensure that the information on our site is accurate and up-to-date; however, we do not warrant that all information is complete or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

Section 5 – Third-Party Links and Tools

Our website may include links to third-party websites or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party sites and do not warrant their offerings. You use third-party websites at your own risk.

Section 6 – Modifications to the Service

We reserve the right to modify or discontinue the service at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the service.

Section 7 - Limitation of Liability and Responsibility

By using the services of Advanced Commercial Appliance Repair ("Company"), you acknowledge and agree to the following terms regarding our medical and aesthetic laser and RF machines repair and maintenance services:
Disclaimer of Warranties: The repair services provided by the Company are offered on an "as is" and "as available" basis. The Company makes no guarantees, warranties, or representations, express or implied, regarding the performance, safety, functionality, or outcomes of any equipment repaired by our technicians. The Company does not guarantee that the repaired equipment will operate without error, malfunction, or defect after servicing.
No Liability for Client Use of Repaired Equipment: The Company shall not be held liable or responsible for any injury, damages, or adverse effects, including but not limited to burns, skin damage, or any other physical harm that occurs due to the use or malfunction of any aesthetic or medical equipment repaired by the Company. Any use of the repaired equipment is solely at the risk of the client and their end users.
No Legal Recourse: To the maximum extent permitted by applicable law, shall the Company, its officers, employees, agents, or affiliates be liable to any client or third party for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of business, injury, or harm resulting from the use of the repaired equipment. This limitation applies regardless of whether such damages arise from the improper functioning of the equipment, improper use, or any other cause.
Client Responsibility: Clients of the Company are fully responsible for ensuring that all laser equipment repaired by the Company is used in accordance with applicable laws, regulations, and manufacturer guidelines. The Company shall not be held responsible for any misuse, mishandling, or improper operation of the repaired equipment by the client or its users.
Indemnification: The client agrees to indemnify, defend, and hold harmless the Company, its employees, agents, and affiliates from any and all claims, liabilities, damages, costs, or expenses (including attorney fees) arising from any use of the equipment repaired by the Company.
No Guarantee of Performance: The Company does not guarantee the safety, effectiveness, or performance of any equipment following repairs. Clients acknowledge that they assume full responsibility for testing and ensuring that the equipment functions properly before use.
Jurisdiction and Governing Law: This limitation of liability shall be governed by the laws of the jurisdiction in which the Company operates. Any disputes arising from these terms shall be resolved in accordance with the laws of that jurisdiction.
By agreeing to these terms, clients of Advanced Commercial Appliance Repair acknowledge that they understand and accept the risks associated with the use of laser equipment repaired by the Company, and waive any rights to hold the Company liable for any harm or damages resulting from the use of such equipment.

Section 8 – Payment and Late Fee Policy

All clients are required to make the payment at the time of the appointment. In the event that an institution has engaged our services, payment must be remitted within 7 calendar days from the date of service. Payments received after the initial 7-day period, and up to 30 calendar days from the date of service, will be subject to a 30% interest charge as a late payment fee. Payments received later than 30 calendar days from the date of service will incur a 50% interest charge as a late payment fee.
By utilizing our services, you agree to and acknowledge the terms outlined in our Payment and Late Fee Policy. Please note that this policy may be updated from time to time, and it is the client's responsibility to review any changes that may occur.

Labor Fees: All payments made for diagnostic services, service calls, maintenance services, repair and installation services, and any other labor services provided by Advanced Commercial Appliance Repair are non-refundable under any circumstances. Once labor has been rendered and the client has been billed, the payment for these services is final, and the Company shall not be obligated to issue any refunds for labor costs.

Parts Refund Policy:
For any parts provided by the Company, the following conditions apply:
Non-Refundable Charges: All shipping and handling fees, including any customs duties or related charges, are non-refundable.
Refund Eligibility: Only the price of the part itself may be refunded if the client requests a refund. The request must be made within the specified timeframe.
Billable Time: If the client requests the removal of the newly installed part and reinstallation of the old part, all time spent on this process is billable. The client agrees to pay for the additional labor involved.
Commercial items: Any parts used in the repair of commercial appliances, equipment or machines are non-refundable. Once a part has been installed for commercial use, the Company will not accept any refund requests.
Residential Appliances: For residential appliances and machines, the Company will accept refund requests for parts up to 3 days from the date of installation. After this period, no refunds will be issued.

Section 9 – Client Testing and Acceptance

For all repair, installation, and maintenance services provided by Advanced Commercial Appliance Repair ("Company"), the following terms apply:
Testing Upon Completion: The Company’s technician will test the repaired, installed, or maintained machine or appliance in the presence of the client at the time of service completion. The client is required to thoroughly inspect and test the machine or appliance to ensure that the service provided meets their expectations.
Client Responsibility for Final Inspection: The client must check all features and functions of the machine or appliance to verify that everything is in proper working condition at the time of service. This includes ensuring that all requested repairs or installations have been completed to their satisfaction.
No Claims After Technician Departure: Once the technician has left the premises, the Company will not accept any claims or complaints regarding the same machine or appliance. The client is responsible for raising any concerns or issues while the technician is still on-site and conducting the final testing.
By agreeing to these terms, the client acknowledges their responsibility to ensure that the machine or appliance is fully operational before the service call is closed.

Section 10 – Warranty

Labor Warranty: There is no warranty provided for any labor work performed on machines or appliances. Once the labor service is completed, the client acknowledges and agrees that no warranty or further guarantee on the quality or longevity of the labor is provided.
Parts Warranty: A one-month warranty is provided on all parts replaced by Advanced Commercial Appliance Repair, starting from the date of installation. This warranty covers the replacement part itself, not any labor associated with its installation or removal.
Service Call and Investigation: For three months following the date of service, if an issue arises related to the work previously performed, Advanced Commercial Appliance Repair will conduct an investigation at no additional service call charge. If, based on our discretion, the issue is determined to be related to the previous service provided, we will address it. However, we reserve the right to charge labor fees for the follow-up service, depending on the nature of the issue.
Unrelated Issues: If the issue is determined by the Company, to be related to another component or part, unrelated to the work previously done, the client will be charged a diagnostic fee or service call fee. Any repairs, replacement parts, and additional labor required to resolve the unrelated issue will also be billed separately.

Section 11 – Downtime, Delay, and Business Interruption

No Turnaround Guarantee: Except where ACA Repair expressly states a “Guaranteed Deadline” in writing, all dates for diagnostic, maintenance, or repair are estimates only. No other communication creates a guaranteed completion date.
Downtime Waiver and Release: While the equipment is in ACA Repair’s possession for diagnostic, maintenance, or repair, the Client accepts the risk of downtime. To the fullest extent permitted by law, the Client waives and releases any claim for business interruption, loss of use, loss of revenue, loss of profit, loss of goodwill, loss of data, loss of production, or any other indirect, special, incidental, exemplary, or consequential damages, whether arising in contract, tort, or otherwise, and whether or not ACA Repair was advised of the possibility of such losses.
Delay Not a Breach Absent a Guaranteed Deadline: A delay in completion, parts sourcing, third party vendor response, manufacturer technical support, shipping, customs, testing, or quality assurance is not a breach of contract unless ACA Repair fails to meet a Guaranteed Deadline that ACA Repair set in writing.
Exclusive Remedies for Delay or Downtime: For any claim connected to delay or equipment downtime, the Client’s sole and exclusive remedies are either a re-performance of the affected service or a refund of the fees actually paid to ACA Repair for that specific Work Order, at ACA Repair’s election.
Liability Cap: ACA Repair’s total aggregate liability for all claims related to a Work Order, including any delay or downtime, will not exceed the lesser of, a) the fees paid for that Work Order, or b) 1,000 CAD. This cap applies even if any exclusive remedy fails of its essential purpose.
Carve Outs Required by Law: Nothing in these terms limits liability for fraud or willful misconduct. To the extent permitted by law, these limits apply to negligence. If a court finds that gross negligence cannot be limited on the facts of a particular case, this clause does not limit liability for that gross negligence.
Notice of Claim and Time Limit to Commence Proceedings: The Client must give ACA Repair written notice of any claim related to delay or downtime within 7 days after the earlier of, a) the Client’s pick up or ACA Repair’s return of the equipment, or b) ACA Repair’s written notice that the unit is ready for pick up or return. The Client must commence any proceeding within 6 months after that same earlier date. If the Client does not meet both requirements, the claim is irrevocably waived.
Force Majeure and Supply Constraints: ACA Repair is not responsible for delay caused by events outside its reasonable control, including parts availability, supplier lead times, manufacturer technical support delays, shipping, customs, labor shortages, utility outages, epidemics, or natural events. Any applicable timeline is extended by the period of impact.
No Set Off: The Client will not withhold, deduct, or set off payment due to alleged business losses, delay, or downtime.
Bailment Only, No Insurance: While in ACA Repair’s possession, the equipment is held as a bailee only. ACA Repair is not an insurer of the equipment or any consumables or media. The Client must remove consumables, detachable media, and valuables before delivery. ACA Repair’s responsibilities are limited as set out in this Agreement.
Arbitration for Commercial Clients Only: Any dispute arising out of or relating to a Work Order with a commercial Client will be resolved by confidential arbitration under the Arbitration Act, SBC 2020, in Vancouver, British Columbia, before a single arbitrator. Each party bears its own legal costs, and the parties split the arbitrator’s fees equally, subject to any final award. Judgment on the award may be entered in any court of competent jurisdiction. This clause does not apply to consumers.
Liquidated Damages for Missed Guaranteed Deadline: If ACA Repair misses a Guaranteed Deadline that ACA Repair set in writing, the Client’s sole remedy is liquidated damages equal to 10 percent of the Work Order fee, capped at 250 CAD, which the parties agree is a genuine pre-estimate of potential loss and not a penalty. No other damages are available for delay.
Consumer Protection Compliance: If the Client is a consumer, any mandatory rights under the Business Practices and Consumer Protection Act and other applicable laws are preserved. Where required by law in consumer transactions, the liability cap, notice period, or arbitration clause will be read down or will not apply to the extent they are not enforceable. However, if the client has mentioned their business name, or provided their business address on this contract or any other invoices or email communications, they will be considered business.
Conspicuous Acceptance: The Client acknowledges that clauses above contain limitations and exclusions of liability and confirms acceptance by signing this agreement, or by approving the Work Order in writing, or by delivering equipment for service after receiving these terms.

Section 12 – Governing Law

These Terms of Use and any disputes arising from your use of the site or services are governed by the laws of British Columbia, Canada.

Section 13 – Changes to These Terms

We may update these Terms of Use from time to time. You should check this page periodically for changes. Continued use of the site following any updates constitutes acceptance of those changes.

Contact Us

For any questions regarding these Terms of Use, please contact us at support@acarepair.com. By using our website or our services, you agree to all of these terms. If you do not agree with these terms, please refrain from using our services and our site.

Updated on 20th of May, 2024.