Sampler Repair Terms and Conditions
Thank you for contacting Mehall Contracting, LLC regarding our repair services for roller,
motor and tubing kits, and any parts related to those kits (singly, a “Part”, and collectively, the
“Parts”). We appreciate your business and will endeavor to repair any Parts you submit to us in an expeditious and cost-effective manner. You are receiving this email because you have made a
request for information about our Parts repair services, or have submitted a request for us to
repair one or more Parts on your behalf. The following terms and conditions shall apply as to any
Parts you submit to us for repair services.
Definitions. For purposes of these terms and conditions, “we”, “us” or “our” shall refer to Mehall
Contracting, LLC, an Arizona limited liability company. “You” or “your” shall refer to you, as a
customer submitting a Part to us for repair.
Acceptance and Limitations. Upon your acceptance of these terms and conditions, we will
provide you with information and directions for submitting your Part(s) to our repair center for
repair. Acceptance of these terms and conditions by you can be submitted to us by return email,
or other electronic means by which you expressly agree to these terms and conditions.
Notwithstanding the foregoing, your submission of a Part to us for repair will also constitute
your acceptance of, and agreement to, these terms and conditions.
Repair Cost. Most Parts can be repaired within the cost of providing standard preventative
maintenance services for such Parts. Our standard preventative maintenance fee is One Thousand
Five Hundred Dollars ($1,500.00) or less, depending on the repair required. By shipping or
otherwise submitting a Part to us for repair, you expressly authorize us to repair such Part up to a
cost to you not to exceed One Thousand Five Hundred Dollars ($1,500.00) (the “Standard Fee”)
without further approval by you. Upon our receipt of your Part, we will commence repair
services. If we determine, in our discretion, that the cost to repair the Part(s) you have submitted
to us will exceed the Standard Fee, we will notify you in writing of the estimated cost of repair in
excess of the Standard Fee (the “Excess Cost”) for your prior written approval, subject to our
storage fees set forth below.
Storage Fees. For any Part that can be repaired within the cost of the Standard Fee, you will be
notified by us in writing when such Part has been repaired and is ready for pick up by you. Upon
such notification, you will have up to one (1) week to pick up such Part from our repair center at
no additional charge or cost to you. If you have not picked up your Part within such one (1) week
time period, you agree that you will pay to us, in addition to the Standard Fee, a storage fee of
$100.00 (“Storage Fee”). If you have not picked up your Part within three (3) weeks of such
notification, you agree that you will pay us, in addition to the Standard Fee and any prior Storage
Fee, an additional Storage Fee of $100.00. Thereafter, commencing with the fifth (5 th ) week after
you have received such notification, and for each four (4) week period thereafter in which you
fail to pick up your repaired Part, you agree to pay us, in addition to the Standard Fee and any accrued Storage Fee, an additional Storage Fee of $200.00. Storage Fees shall be pro-rated to
actual date by which you have picked up your repaired Part.
If repair of your Part will exceed the Standard Fee and you have received written notification
from us of the estimated Excess Cost, you will have one (1) week from receipt of such notice to
approve or disapprove of the repair work needed to be performed and the amount of the
estimated Excess Cost. If you fail to approve or disapprove of the repair in writing to us within
such one (1) week period and have not otherwise picked up your Part from us, you agree to pay a
Storage Fee of $100.00. If you have not approved the Excess Cost or otherwise picked up your
Part from us within three (3) weeks of such notification, you agree that you will pay us an
additional Storage Fee of $100.00. Thereafter, commencing with the fifth (5 th ) week after you
have received notification of the Excess Cost and have not approved or disapproved of the repair
in writing to us, and during each four (4) week period thereafter, you agree to pay us an
additional Storage Fee of $200.00. Upon notification to you that any Part submitted to us has
been repaired after your approval of the Excess Cost and is ready for pick up, failure to pick up
such Part from our repair center will result in the accrual of a Storage Fee under the terms set
Payment. Payment of the Standard Fee, any Excess Cost and any Storage Fee will be fully due
and payable upon completion of any repair services for your Part and prior to or at the time of
pick-up of your Part. Storage Fees for Parts where you have declined to approve any Excess Cost
and for which no repair work has been performed shall be due payable prior to or at the time you
pick up your Part.
Disclaimer of Warranty. We warrant that repairs will be performed in a competent and
workmanlike manner. All goods and materials used to repair or replace your Part are governed
by the original manufacturer’s warranty in accordance with its terms. Except as expressly set
forth herein, we:
EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
PARTICULAR PURPOSE. IF WE CANNOT LAWFULLY DISCLAIM IMPLIED
WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES,
INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS
Limitation of Liability. WE ARE NOT RESPONSIBLE FOR ANY FAILURES OR DELAYS
IN PERFORMING REPAIR SERVICES THAT ARE DUE TO EVENTS OUTSIDE OF OUR
REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW,
WE AND OUR EMPLOYEES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE PERFORMANCE OR OMISSION OF ANY REPAIR SERVICES,
INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR
ANTICIPATED PROFIT (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF
REPUTATION; LOSS OF OPPORTUNITY; LOSS OF USE OF MONEY; LOSS OF
ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF
GOODWILL OR LOSS OF REPUTATION. IF ANY PART SHOULD BE DAMAGED OR
LOST WHILE IN OUR CUSTODY, OUR LIABILITY WILL BE LIMITED TO THE COST
OF REPAIR OR REPLACEMENT OF THE AFFECTED PART. OUR LIABILITY FOR ANY
AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY
US FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET
FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY
BREACH BY US UNDER THESE TERMS AND CONDITIONS.
Choice of Law. These terms and conditions shall be governed by and interpreted in accordance
with laws of the State of Arizona, without giving effect to any conflict of laws provisions. You
hereby consent to the exclusive jurisdiction of, and agree that venue is proper and convenient in,
the state and federal courts situated in Maricopa County, Arizona.
Severability. If any provision of these terms and conditions is held by a court of competent
jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the
maximum extent permissible so as to effectuate the intent of these terms and conditions, and the
remainder of these terms and conditions shall continue in full force and effect.
Notification. All written notifications required or permitted to be given under these terms and
conditions may be delivered by email or other electronic means.
Waiver. Our failure to exercise or enforce any right or provision of these terms and conditions
will not constitute or be deemed a waiver of such right or provision.