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Kitchen Sink

Damages Waivers And Releases

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It is your responsibility as a customer, to familiarize yourself with our waivers. These waivers apply to all the work we do for you and all appliances provided and sold to you. You assume and accept these waivers and releases once you allow our staff/agent to start installation, hookup, removal, repairs, etc. When you click to agree to our terms and conditions and/or agree to our terms and conditions by proceeding with your order, you are waiving or foregoing any right to pursue Lobban Appliances or Lobban Appliances.com for damages related to our provision of services or appliances (except for claims covered by a warranty) and releasing us from any claims related to our products/services.

 

Releases and Waivers

 

I, for good and valuable consideration of which receipt is hereby acknowledged, specifically release and forever discharge Lobban Appliances, Lobban Appliances.com,  its principals, employees, agents and/or assigns from any and all liability which may arise as a result of its installation, removal, delivery, or pick up of appliance(s) in all of the circumstances stated below.


Waiver of Damages When Moving Appliance(s)


I understand that there is a risk in moving, repairing and installing appliances including risk of damage to the appliance itself, and to areas around which it is installed, such as cabinetry and countertops. I understand and agree that Lobban Appliances, Lobban Appliances.com is not required to move my appliance into the home and that they do so as a courtesy only. In exchange for this courtesy, I promise to hold Lobban Appliances, Lobban Appliances.com and staff harmless from any and all damage that may occur while moving, removing or working on appliances. When moving or transporting a fridge or freezer (regardless who is moving or transporting it), you understand that it must not be plugged in within 24 hours, as this could cause the system to permanently fail. 
Waiver of Damages re Damage to Appliance(s) or Home
I understand that no matter how careful the technician and/or delivery crew is, repair, service, or delivery work may result in machinery not performing as intended. Such failures may lead to, discomfort, inconvenience and in commercial contexts, even loss of revenue. Being fully aware of the risks, and hazard potential, I hereby agree to Waive, Release and Discharge any and all claims, demands, actions and/or causes of action against Lobban Appliances, Lobban Appliances.com as a result of damage to my home, or the appliance itself during this or any repair/delivery visit.


Waiver of Damages when Picking up a/an Appliance(s)


I promise to hold harmless Lobban Appliances, Lobban Appliances.com, its principals, agents and employees from any and all liability damage or harms that may result from such an occurrence of accidental damage(s) to your truck or otherwise, an appliance loaded or secured on or in your vehicle, or other, while on the property address of pick up. Not following pickup instructions, especially not protecting the appliance from precipitation, voids the warranty. 
Bring your order receipt when you come to collect your order and call us before coming. Pickup location issued via order ready for pickup email. 
Please ensure to bring 2 ratchet straps per appliance purchased, and if your truck is not enclosed, you will need a waterproof tarp (not water resistant), to ensure your warranty is not void due to precipitation. Please ensure the appliance will fit upright in your vehicle, laying down any appliance will void your warranty, as it can potentially cause a number of different issues. You have a maximum of 5 days to pick up your order.
Please have 1-2 helpers to lift your appliance, if lifting required.

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Waiver of Damages from Failed Cooling


A fridge or freezer should not be plugged in for 24 hours after receiving it. The delivery company may mention during delivery not to plug your fridge or freezer in for 24 hours. A fridge or freezer should not be plugged in for 24 hours after receiving it due to the fridge or freezer potentially being tipped when moving, delivering, or transporting it, which can cause sealed system issues and failure of the compressor.


I understand that, refrigeration and cooling machinery can fail without warning and that there are risks involved with servicing or repairing them. Diagnosing problems is not always straightforward and no matter how carefully repairs and services are performed on this equipment, they may not function as intended. I understand that such failures may lead to, discomfort, food loss, inconvenience, and in commercial contexts, even loss of revenue. Being fully aware of the risks, conditions and/or hazard potential, I understand that Lobban Appliances, Lobban Appliances. com is not responsible for any such risks.  I agree all such risks are my own (and/or my company’s) alone, and I agree to hold harmless and exempt from liability Lobban Appliances, Lobban Appliances.com, it’s agents and employees from any and all such harms. By allowing the technician to commence work, I explicitly waive the right to any contrary claim.

These Releases and Waivers are intended to be governed by the laws of Ontario, Canada and if any portion of them are held invalid, it is agreed that the balance shall, continue in full legal force and effect.

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I am of sound mind, and do not have any impairments or disabilities that may affect my ability to make decisions. I have read, understand and voluntarily clicked agree to this release and waiver and further state that no oral representations, statements or inducements apart from the foregoing written agreement have been made to me by Lobban Appliances, Lobban Appliances.com. My click to agree constitutes my acceptance and understanding of the terms, conditions and information above.
 

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