TERMS OF SERVICE
Cancellation, No Go Fee-Based
$100 - If you cancel on the same day or decide that you no longer want to do scheduled service.
$150 - Due to No Electric or breaker trips often to interrupt service (3 breaker trips will be timed and noted).
Tight Spot Fee
$TBD - Grill is located in a tight spot or up more than 1 flight of stairs or at a not easily accessible point.
$75 - No water height of warm weather - no access to water, or water too far from the actual bbq needing service. Over 100 ft resulting in extra tools or an extra trip. DOES NOT APPLY TO WINTER SERVICE.
Basic Service Fee
$195 - Just service no cleaning - basic service grill scrape down, all diagnostics checked, checked for gas leaks, burners brushed off.
Out of Area Mileage
25 mile coverage area - unless otherwise specified. $95 hr - going and coming.
$200 plus due to the actual condition of the grill or overall circumstances on the day of cleaning.
$75 will be incurred if info given at quoted estimate is different then actual work needed if the work cannot be performed that day. A trip charge will also apply if the second trip is needed because of a delay caused by any difficult situation not caused by Sparkle Grill.
Cancellation by mutual decision
No Fee - Sparkle Grill reserves the right to cancel at any time.
TERMS AND CONDITIONS - SPARKLE GRILL OF LONG ISLAND, LLC
The following terms and conditions (this “Agreement”) shall apply to this service/sale and to any future sale of goods and/or services between Sparkle Grill of Long Island, LLC (“SGLI”) and the customer whose signature appears below (“Customer”). Please read the following provisions carefully. By signing below, Customer agrees the use of SGLI’s services is conditioned on the agreement to be bound by the terms and conditions of this Agreement. If you do not agree, you should inform SGLI and SGLI shall not sell any goods or perform any services for you.
1. Terms of Service. SGLI services and cleans existing outdoor grills and barbeques (“Services”), which may include repair and installation of replacement parts upon Customer’s request. All Services shall be performed onsite at Customer’s premises. Customer shall provide unrestricted access to the grill or barbecue at all times. An SGLI service technician will inspect and note the condition of the grill or barbecue upon arrival at the Customer’s premises and Customer shall be informed of such condition. Customer is responsible for supplying a grill or barbeque in working order. SGLI is not responsible for lighting the grill or barbeque if the service technician is unable to light it at the time of inspection. Parts that cannot be reasonably removed by the service technician, due to rust, corrosion or both, shall be left in place during cleaning and shall not constitute part of the Services performed. No discounts will be deducted from the Service Fee for parts that cannot be removed.
Customer acknowledges that SGLI is not a licensed plumber or gas professional and SGLI will not work on gas lines servicing grills or barbeques. If the service technician determines that a gas line needs service or repair, Customer is responsible to contact a licensed professional to perform such work. In such event, SGLI will reschedule an appointment with Customer following completion of work on the gas line to which an additional $50.00 fee shall apply.
In addition to the Services, SGLI will attempt to repair and replace grill or barbeque parts upon Customer’s request. The repair and installation of replacement parts is not included as part of the Services. Customer shall pay an additional fee for the replacement and installation of such parts. All replacement parts are sold in an “as-is” condition and Customer hereby accepts them in such condition. SGLI does not warrant the condition of any part installed at Customer’s request and Customer hereby waives all claims against SGLI in regards to replacement parts whatsoever.
SGLI will inspect and reasonably clean the area immediately surrounding the grill or barbeque upon completion of the Services. Customer acknowledges that the Services may result in accidental spillage or leaking of grease and other debris. SGLI will take reasonable steps to minimize such spillage or leaking. However, Customer acknowledges that some spillage or leaking may be unavoidable and agrees that SGLI shall not be responsible for the cost to clean Customer’s premises or the property thereon whatsoever.
Customer acknowledges that all Services (including any additional repair and installation services) were completed to Customer’s satisfaction, including any and all clean up. Any conditions reported by the service technician shall be duly noted by Customer.
SGLI is not responsible for any damage due to improper construction or non-compliance with NFPA Codes, federal, state or local codes, nor for any pre-existing conditions or damage from a prior grill or barbeque cleaning.
SGLI is not responsible for cleaning inaccessible areas or making inaccessible areas accessible. It is Customer’s responsibility to make all areas of the grill or barbeque are accessible for cleaning.
SGLI is not responsible for damage caused by steam, water or any chemicals used in the cleaning process.
Periodic inspection and maintenance are Customer’s responsibility.
SGLI will make additional service calls upon request by Customer. Customer agrees to pay a $95.00 fee for each additional service call.
2. Payments. All fees shall be due and payable in full to SGLI on the date Services are rendered, including the cost of any repairs and/or installation of replacement parts (“Service Fees”). Customer shall be assessed a $25.00 fee for each check returned unpaid. All federal, state, local or excise tax and any other applicable tax shall be the responsibility of Customer.
3. Inspection. Customer agrees to inspect all work performed by SGLI immediately following completion and Customer shall notify SGLI of any defects or deficiencies identified as a result of such inspection. Failure to inspect and notify SGLI of any defects or deficiencies shall constitute a waiver of any and all claims with respect to defects or deficiencies that could or should have been detected through such inspection.
4. Waiver of Subrogation; Insurance. Customer waives on its own behalf, and on behalf of its insurer, the right to subrogate against SGLI. It is understood and agreed by the parties hereto that SGLI is not an insurer and that insurance policies, if any, covering personal injury and property loss or damage on Customer’s premises shall be the responsibility of and obtained by Customer. SGLI shall maintain such insurance coverage as required by law.
5. Indemnification. Customer does hereby agree to indemnify, release, defend and hold harmless SGLI and its affiliates and subsidiaries, and their officers, directors, employees and agents, from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses whatsoever, including, without limitation, reasonable attorney and expert fees and costs, arising out of or in connection with the provision of Services pursuant to this Agreement.
6. Mandatory Arbitration. Any dispute or claim relating to this Agreement, or relating to the goods or services performed by SGLI hereunder, shall be settled by binding arbitration. The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and located in Suffolk County, New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitration will be conducted in Suffolk County, New York. The party desiring to initiate arbitration shall be responsible for all costs of arbitration, except each party shall be responsible for their own legal fees.
The arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section below as to the types and the amounts of damages for which a party may be held liable. The prevailing party shall be entitled to an award of reasonable attorneys’ fees and expenses, to the extent provided under applicable law.
7. Governing Law; Jurisdiction; Venue. This Agreement shall be governed and interpreted under the laws of the State of New York without regard to its conflict-of-law provisions.
THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS IN AND FOR SUFFOLK COUNTY, NEW YORK IN ANY ACTON OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AS SET FORTH IN THE MANDATORY ARBITRATION SECTION ABOVE, AND IRREVOCABLY WAIVE ANY CLAIM IT MAY HAVE THAT ANY PROCEEDINGS BROUGHT IN SUCH COURTS HAVE BEEN BROUGHT IN AN INCONVENIENT FORUM. ANY SUIT REGARDING OR RELATING TO THIS AGREEMENT MAY ONLY BE BROUGHT IN THE STATE OR FEDERAL COURT IN AND FOR SUFFOLK COUNTY, NEW YORK, WHICH ARE THE EXCLUSIVE VENUE FOR ANY SUCH SUIT.
8. Entire Agreement; Severability. This Agreement represents the entire agreement between the parties and shall supersede any and all other agreements or representations, oral or written. Any statements, representations, warranties or conditions, oral or written, not set forth herein shall be void and shall not be binding upon SGLI. Any invalid provision shall not affect the validity of all other provisions and shall be enforced to the maximum permissible extent.
9. Amendments and Modifications. This Agreement may not be amended, modified or canceled, except in a writing signed by duly authorized representatives of SGLI and Customer expressly referring to these “Terms and Conditions” and regardless of any course of dealing, usage of trade, or the terms of or any purchase order or other writing delivered by Customer to SGLI.
10. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. Customer acknowledges and agrees that SGLI is being paid to clean and/or service a grill or barbeque. SGLI is not assuming responsibility for any losses which may occur, even if such loss is due in whole or in part to SGLI’s negligent performance or failure to perform any obligation under this Agreement.
SGLI DISCLAIMS AND CUSTOMER WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS PRODUCTS AND/OR SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, EMPLOYEE OR OTHER REPRESENTATIVE OF SGLI HAS THE AUTHORITY TO CREATE ANY OTHER AFFIRMATION, WARRANTY OR REPRESENTATION, EITHER ORAL OR WRITTEN, REGARDING THE PRODUCTS OR SERVICES.
THE SOLE AND EXCLUSIVE REMEDY FOR ANY ALLEGED NEGLIGENCE, NON-PERFORMANCE, INADEQUATE OR DEFECTIVE PERFORMANCE, OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, SHALL BE THE REPAIR OR REPLACEMENT OF DEFECTIVE OR NON‑CONFORMING PRODUCTS OR RE‑PERFORMANCE OF DEFICIENT SERVICES, OR, AT SGLI’S SOLE OPTION, REFUND ALL OR A PORTION OF THE SERVICE CHARGE OR PURCHASE PRICE. CUSTOMER AGREES THAT THE FOREGOING REMEDIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE SO LONG AS SGLI IS ABLE TO REFUND THE SERVICE CHARGE OR PURCHASE PRICE.
CUSTOMER AGREES THAT SGLI SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, WHETHER OR NOT SGLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer acknowledges and agrees that the foregoing disclaimer of warranties and limitation of liability provisions are an essential basis for Customer’s agreement with SGLI, that SGLI would not have entered into this Agreement but for these provisions, and that the foregoing exclusion of special, incidental, consequential or other damages shall apply whether or not SGLI is able to repair or replace any defective products or re‑perform any services. This allocation of risk is reflected in the purchase price for the products and/or services provided to Customer.