Comprehensive Waiver of Liability

For Services Provided by The Washtub Co. DBA: Sargents Maytag

Plain-Language Summary (for customer clarity only)

This waiver explains the risks involved when we deliver, install, or service appliances. By signing, you agree that:
- We are not responsible for damages to floors, cabinets, countertops, or other property when appliances must be moved or installed.
- We are not responsible for water leaks or flooding unless caused by clear, proven negligence.
- You agree to provide same-day payment for service.
- We are not responsible for food spoilage, lost revenue, or other issues if equipment fails.
- Moving appliances or lifting glass cooktops carries risk — you accept that risk if we perform the work.

If you have any questions, please ask before signing. This summary is not a replacement for the full legal text below.

PLEASE READ CAREFULLY

To the fullest extent permitted by law, I hereby fully waive, release, protect, and hold harmless The Washtub Co. DBA: Sargents Maytag, together with all its agents, assigns, employees, representatives, officers, and directors, from any and all claims, causes of action, damages, costs, expenses, and other liabilities in any way arising out of or resulting from services rendered by The Washtub Co. DBA: Sargents Maytag.

I make this waiver voluntarily, knowing and understanding this job site is a dangerous place with dangerous activity.

I hereby waive any claim for any personal injury, accident, illness, property damage, or any other loss, injury, or harm whatsoever that I could incur arising out of services rendered by The Washtub Co. DBA: Sargents Maytag.

1. Waiver of Potential Damage for Appliance Installation and Servicing

I, the undersigned, understand that to install or service your appliance, it may need to be moved into or out of its current location. As the customer, you acknowledge that moving an appliance, whether newly delivered for installation or already in place, carries a possibility of damage. While The Washtub Co. DBA: Sargents Maytag takes precautions to protect your property, certain risks exist, including but not limited to:

- Flooring Damage: Many modern floor coverings are soft, causing appliances to adhere to them. Movement may result in tears, depressions, or deep scratches.
- Surrounding Damage: Built-in appliances may be tightly wedged or difficult to maneuver, potentially causing marring or other damage to cabinetry, walls, or countertops.

While I expect the technician to exercise reasonable level of care, I recognize that The Washtub Co. DBA: Sargents Maytag and its technicians explicitly refrain from accepting responsibility for these risks. I accept that all such risks are mine (and/or my company’s) alone.

By signing below, I agree to hold harmless and exempt from liability The Washtub Co. DBA: Sargents Maytag, its agents, assigns, representatives, directors, and employees from any and all responsibility related to potential damage for appliance installation and servicing.

2. Waiver of Damages When Working with Water

I, the undersigned, understand that the machinery being serviced is connected to my building’s plumbing system. I acknowledge that when any machinery is connected to a plumbing system, there is an inherent risk that component failure, imperfect connections, and/or other faults could result in unintended leakage and/or flooding. Such events may cause significant or even catastrophic damage to the building and its contents.

I agree to hold harmless The Washtub Co. DBA: Sargents Maytag, its principals, agents, assigns, employees, representatives, officers, and directors from any and all damages, harms, or liabilities that may arise from such occurrences, except in cases of gross, clearly proven, and explicitly identifiable carelessness by the technician.

By signing below, I explicitly waive the right to bring any claim contrary to this agreement.

3. Waiver of Liability, Risk, and Guarantee of Same-Day Payment for Service

I, the undersigned, understand and agree that by requesting and dispatching a technician from The Washtub Co. DBA: Sargents Maytag to my location, I am guaranteeing payment for the services provided on the same day.

I acknowledge that same-day payment is a requirement and an integral part of the service agreement. While expecting the technician to service, resolve, or diagnose appliance issues, I accept my responsibility to fulfill the payment obligation promptly upon the completion of the service.

I agree that all payment risks, including my ability to make immediate payment, are my sole responsibility. Furthermore, I agree to hold harmless and exempt from liability The Washtub Co. DBA: Sargents Maytag, its agents, assigns, representatives, officers, directors, and employees from any and all responsibility related to the payment for services rendered.

By signing below, I agree to hold harmless and exempt from liability The Washtub Co. DBA: Sargents Maytag, its agents, assigns, representatives, directors, and employees from any liability or risk and guarantee of same-day payment for service.

4. Waiver of Damages from Failed Cooling or Other Failures
   I, the undersigned, understand that refrigeration and other equipment consists of complex components, any of which can fail without warning. I acknowledge that any effort to service and/or repair such equipment carries inherent risks.

Diagnoses are not always straightforward, and even when performed carefully, repair or service work may involve imperfections that result in the equipment failing to perform as intended. Such failures may lead to consequences including, but not limited to:

• Food spoilage
  
• Discomfort or inconvenience
  
• Loss of revenue associated with cancelled or failed events, inability to serve customers, and related impacts (particularly in commercial contexts)
  
  

I acknowledge that by undertaking to service and/or repair my equipment, The Washtub Co. DBA: Sargents Maytag is not accepting responsibility for any of these risks. I agree that all such risks are mine (and/or my company’s) alone.

I further acknowledge and accept that these risks also extend to equipment delivered by The Washtub Co. DBA: Sargents Maytag. Even newly delivered products may fail unexpectedly due to manufacturing defects, shipping conditions, or other factors outside the control of The Washtub Co. DBA: Sargents Maytag.

By signing below, I waive any claim for losses or damages arising from such failures and agree that all such risks remain my (and/or my company’s) responsibility alone. I agree to hold harmless and exempt from liability The Washtub Co. DBA: Sargents Maytag, its agents, assigns, representatives, directors, and employees from any and all harms or damages associated with failed cooling or other failures, including but not limited to those mentioned above.

5. Waiver of Damages When Moving Appliance

I, the undersigned, acknowledge that my appliance must be moved to be serviced or installed. I understand that there is an inherent risk involved in moving the appliance. These risks include, but are not limited to, potential damage to:

-The appliance itself
-The surrounding areas of installation, including but not limited to flooring, cabinetry, and countertops

-The electrical or plumbing attached to the appliance

I acknowledge that the technician is not required to move the appliance. In exchange for their willingness to do so, I hereby agree to hold harmless both the technician and The Washtub Co. DBA: Sargents Maytag, from any and all liability associated with any damages that may occur as a result of this movement.

6. Waiver of Damages from Lifting Glass Cooktop

I, the undersigned, understand that lifting a glass or ceramic cooktop surface to access components beneath it carries an inherent risk of breakage. I acknowledge that the cooktop surface is often attached with strong adhesive, making it difficult or impossible to separate without the risk of fracturing the surface.

While I expect the technician to exercise every reasonable level of care, I recognize that The Washtub Co. DBA: Sargents Maytag and its technicians explicitly refrain from accepting responsibility for these risks. I accept that all such risks are mine (and/or my company’s) alone.

By signing below, I agree to hold harmless and exempt from liability The Washtub Co. DBA: Sargents Maytag, its agents, assigns, representatives, directors, and employees from any and all responsibility related to the potential breakage of the cooktop surface.

Notice

The Washtub Co. DBA: Sargents Maytag appreciates your understanding and cooperation.

Terms And Conditions

last updated on 2/25/2022

Thank you for choosing to do business with Sargent’s Maytag Home Appliance Center. Your local appliance retailer since 1974. These terms and conditions are important and affect your legal rights, so please read this document carefully and seek advice if you do not understand these Terms. 

Introduction- All orders accepted by Sargent’s Maytag are governed by and subject to these standard Terms & Conditions of sale or service. Buyer herby agrees to these standard terms and conditions for all orders placed, except, and only to the extent, the parties have separately negotiated and executed a mutually agreeable written agreement governing Buyer’s purchases from  Sargent’s Maytag which are inconsistent with these standard terms and conditions. These terms govern any sales or service by Sargent’s Maytag to you, the Buyer and/or customer of any item, product, or appliance. By purchasing, you acknowledge and agree to the following: 

Typographical Errors- In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your account in the amount of the original charge. 

Pricing and Taxes- Sargent’s Maytag price does not include any privilege, occupation, personal property, value-added, sales, or excise use of taxes. You are liable for any and all taxes, weather or not invoiced by Sargent’s Maytag. Sargent’s makes every possible effort to ensure prices on our websites are accurate and reflect prices at our brick and mortar location. If a price discrepancy does occur Sargent’s Maytag reserves the right to correct price discrepancy at its sole discretion. 

Payment/ Layaway Terms- You agree to pay for the appliances according to the payments terms. Payment of the price in full is due prior to delivery. Invoices are payable to Sargent’s Maytag Home Appliance Center. Cash, checks, debit card or credit card are accepted. Sargent’s Maytag will hold/ layaway appliances for a maximum of 30 days with a minimum 50% deposit or down payment. All appliances (that are in stock) must be delivered or picked up within 30days of the appliances being purchased. All appliances not paid or picked up/ delivered after 60 days are subject to a 5% monthly holding and storage fee. Any appliances not paid off, picked up, or delivered within 90 days will be sold for holding/ storage fees. 

Used/Rebuilt/Scratch & Dent Appliances & Their Warranties- Warranties on used, rebuilt and scratch & dent appliances shall only be as marked on the original sales tag. No warranties expressed shall take precedent over the original written sales tag. Sargent's Maytag's warranties are for functional issues only. No cosmetic or accessory items are covered under warranty. Appliances deemed to have a failure based off of neglect, misuse or improper handling, at Sargent's sole discretion, are not covered. Damage to property due to a failure of the product, whether covered under warranty or not, are not Sargent's Maytag's responsibility. 

Delivery of Goods- Unless otherwise agreed in writing between you and us, and subject to availability, the goods will be delivered by the “on or before” date specified in the purchase order, or if no “on or before” date is specified, the goods will be delivered within 30 days of the date of PO (subject to confirmation by us where the goods constitute a special or advanced order, are out of stock, or are subject to a supplier back order, which in each case may result in delayed delivery). We can not confirm or guarantee a specified delivery time on the intended delivery date other than the goods will be delivered during normal business hours. Morning and afternoon time windows are provided as a courtesy. We require no less that 24hrs prior notice if there is a cancellation in the booked delivery date, or change in the delivery address, delivery date, or any foreseen circumstance that may affect the scheduled delivery. If there are changes or cancellations made within 24hrs of the delivery date you will be charged for the delivery. In addition we reserve the right to apply additional charges in the event of any change in delivery address, delivery date or any foreseen circumstances that may affect the scheduled delivery where we incur additional costs to accommodate such changes. Sargent’s Maytag does not provide “custom” installations. If upon arrival it is reveled that the space the unit is being placed in requires cutting or manipulation, Sargent’s Maytag will not install unit until the space is properly prepared for the appliance according the manufacturers recommendations and may result in additional charges for having to reschedule. Sargent’s Maytag does not offer refunds or credit for labor or delivery fees. 

Access to Delivery Point and Placement of Goods- Delivery access must be clear and unobstructed, dedicated parking and unloading area must be provided on site by you. Doorways, passageways, and stairways must be measured to ensure that the goods will fit and can easily enter the suite or premises. You must notify us in advance of delivery if the delivery site has several staircases or constricted or returning staircases as more delivery people may be required to complete the delivery. In the event that the site conditions at the delivery point differ materially from what was described or what would be considered reasonable, we reserve the right to charge for any additional or above “normal” delivery. If we are unable to perform delivery do to lack of communication, we reserve the right to reschedule which will also result in additional charges. It is your responsibility to measure the required cutout size (H*W*D) and confirm fit to dimensions of the goods. Anti tip brackets are provided by the manufacturers of the goods to prevent ranges and refrigerators from dangerously tipping forward. We do not install these brackets and it is your responsibility to ensure that they are used and installed properly. You must be present at the Delivery Point, or have a duly authorized representative who is over 18 years of age present when delivery takes place to accept delivery and any existing appliances that require removal. You must provide us with written notice of any damage to the premises resulting from delivery of the goods within 24hrs of delivery. We are not responsible for damages or defects for which you have not provided immediate notice with the time period set forth and any goods (except those for which such notice has been given) will be deemed to have been delivered in an acceptable and satisfactory condition. 

Installation of Goods/ Damage Waiver- You may request to have Sargent’s Maytag deliver and install appliances. Due to the location of the appliance(s) or fixtures, you fully understand and acknowledge the damage that may result. As additional consideration for the service to be performed, you herby waive any claim for damage caused during the installation of the appliance(s). Sargent’s Maytag reserves the right to decline performing any installation or removal services due to existing safety hazard, code violations, or any circumstance which poses a risk or may cause damage to the property or Sargent’s Maytag personnel. Sargent’s Maytag is not responsible for obtaining any permits, inspections or licenses required for installation or operation of the appliance(s). 

What Is/ Is Not Included in Delivery- Recycling of old appliances when requested is included. If you do not wish to have your old unit recycled, Sargent’s will place the old unit in a place that is convenient for both parties. Sargent’s is NOT responsible for damage obtained/ inflicted on old appliance during removal. Sargent’s Maytag provides water lines and hoses included in our delivery price. If you wish to upgrade to a stainless line, there will be an additional fee. 

Pickup / Haul Away Appliances- You can pickup and take your appliances. If you do, you further agree to release, save, and hold Sargent’s Maytag harmless for any and all claims, damage, or causes of issues arising from transporting or improperly installing the appliance(s) in accordance with the manufacturers guide lines. 

Sales Cancellations/ Returns- Cancellations on complete and paid purchases are not allowed. If, however, Sargent’s Maytag agrees in writing to permit cancellation, all cancellations are subject to a 35% restocking fee. ALL SALES ARE FINAL ONCE THE APPLIANCE(S) HAVE BEEN PICKED UP OR DELIVERED. If and only at the discretion of the owner, Sargent’s Maytag Agrees to allow a return or exchange to take place they will be subject to one or more of the following conditions: A) new, unopened goods may be returned or exchanged without a restocking fee; B) new, opened Goods may be returned if authorized by us and will be subjected to a 35% restocking fee; C) delivery/ labor charges are nonrefundable; D) additional delivery/ labor charges may apply to returns and exchanges; E) the following goods CANNOT be returned or exchanged: used goods, special order models, floor models, “open box” or other “as is” purchases, no warranty purchases, or previously installed goods. F) requests for returns or exchanges that relate to service or repair issues are excluded and will be governed by the manufacturers warranty terms and conditions. 

Warranty/ Extended Warranty- You acknowledge and agree that the warranty for the goods is provided by the manufacturer of such goods and that the warranty is limited to the service or repair of the goods during the warranty period specified by the manufacturer. Any and all warranty service to be provided in accordance with the manufactures warranty is the manufacturer’s responsibility. Sargent’s Maytag does have the ability to perform warranty calls/ claims/ service. HOWEVER, Sargent’s Maytag DOES NOT have the ability to make special accommodations for any reason or provide special warranty coverage outside of the limited warranty that the manufacturer provides. Sargent’s Maytag is not responsible for any breach in or alleged breach by the manufacturer or its obligations under warranty. Full particulars of the manufacturers warranty are available in the owner’s manual which accompanies each appliance. If you do not receive warranty information with your unit you can find all warranty information on the manufacturer’s web site. Sargent’s Maytag is not responsible for providing you with this information. For an additional fee, appliances with a one year manufacturer’s warranty can be voluntarily extended up to four additional years, if purchased before the original warranty has expired. Sargent’s Maytag can not be forced to perform any warranty work and reserves the right to refuse warranty service to anyone for any reason.

 WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, FOR ANY REASON, IN OR OUT OF WARRANTY.