This is the complete text of the service agreement of Berny's Appliances LLC (200 Prosperity Dr, Knoxville, TN 37923 · (629) 401-2622 · support@bernysappliances.com) — the same document, word for word, that you sign when a job is finished, and the same terms printed on your paid invoice. Anything specific to your job appears here in [brackets]: your estimate, your Service Completion Agreement and your invoice fill those in with the work, the amounts and the exact warranty for your job. Where any mandatory consumer right applies, that right controls.
Company: Berny's Appliances LLC, doing business as Berny's Appliances; 200 Prosperity Dr, Knoxville, TN 37923; (629) 401-2622; support@bernysappliances.com.
Customer: [your name], [your address]; [your phone]; [your email]. Service address: [your address].
Signer [your name] is authorized to act for Customer and approve the described work at the premises. Any card payment requires the cardholder's authority. Company remains responsible for its contractual and legal duties when using independent-contractor technicians.
Work order: [work order number]; invoice: [invoice number]; terms: BA-TN-2026-09-09-V5.6.
Appliance: [appliance]. First visit: [first visit date]. Completion: [completion date and time], Eastern. Technician(s): [technician(s)].
Work, tests, outcome: [the work, tests and outcome recorded for your job]
Signing confirms recorded service, including incomplete/diagnostic-only outcomes, and previously disclosed §9 terms. Work does not guarantee whole-appliance performance or premises safety; reasonable-care and warning duties remain. Signing at completion does not itself release hidden-defect or damage claims. Previously accepted releases operate only within §6A.
Estimates expire after 30 days. Additions, substitutions, and every overage require fresh itemized portal approval; Customer may decline.
The pre-dispatch diagnostic fee [the diagnostic fee quoted for your visit] applies after the authorized visit. Missed-appointment/denied-access charges cannot exceed previously disclosed, documented dispatch costs or that fee. Cancellation before dispatch is free.
Company may stop for hazards, overdue undisputed payments, abuse, or unsuitable access, documenting reasons and refunding under §9. Customer approval never authorizes unsafe work. Statutory cancellation rights control.
Total for this job, tax included: [job total]. Prior payments [prior payments]. Customer balance: [your balance]. Discounts are included.
Balance is due at signing or, if deferred/declined, upon invoice delivery for completed authorized work. For a positive balance, signing authorizes collection afterward using the payment method recorded for your job. Zero authorizes no charge; additions require separate approval. Methods: cash, card, or electronic invoice, as offered.
After written notice and 15 days to cure undisputed delinquency: $0.00 once per invoice; $0.00 per dishonored payment; 0% simple annual interest on principal. No compounding, duplication, dispute penalties, or unlawful charges. Incurred collection expenses/attorney fees must be reasonable, proportionate, and legally recoverable; consumer fee rights remain.
Your agreement states which of the following applies to your job.
LIMITED WARRANTY
Period. The period stated in your agreement (none, 3, 6, or 12 months, or a custom period) from the original repair's completion date, your job's completion date, through 11:59 p.m. Eastern on the final day. Months/years end on the corresponding date or month-end if none; days end that many calendar days after the start. This job's completion record is [completion date and time].
Company warrants Company-supplied installed parts and workmanship, including associated labor, against defects in the §2 repair for this Period, subject to the following limited-warranty terms.
Terms for the limited warranty selected above. Coverage is personal, non-transferable, at the original address during business hours. Moving preserves mandatory rights. Pay undisputed authorized customer charges; disputes, $0 balances, and program nonpayment do not forfeit coverage. Timely claims survive expiration; callbacks retain original dates unless law requires otherwise.
Exclusions. Unrelated failures, uncorrected preexisting conditions, wear/cosmetic issues outside the repair; damage caused by misuse, abuse, surges, pests, environmental conditions, or later alterations/repairs. Another servicer alone voids nothing. Customer-supplied parts are excluded, but covered installation workmanship remains. Sealed-system/manufacturer defects are excluded only outside the covered repair.
Claims/remedy. Promptly report the work order/problem to §1 contacts within the period. Allow Company first reasonable inspection/cure. Covered inspection, parts, labor, and travel are free. Company promptly re-repairs or refunds the affected repair's price including tax, at its option; no-charge repairs receive re-repair. If timely relief fails, legal remedies remain. Third-party reimbursement requires that opportunity, except emergencies, refusal, unreasonable delay, or legal entitlement. Uncovered work/diagnosis requires portal approval.
Programs. Coverage includes listed non-program scope and expressly granted no-charge coverage. The manufacturer warrants manufacturer-covered repairs; the plan's obligor supplies plan benefits. Company coverage never stacks on program parts/labor; deductibles buy no duplicate warranty. Mandatory rights/work duties remain.
WARRANTY DAMAGES. This independent, severable exclusion of incidental/consequential economic losses, including food spoilage and lost time/income, survives failure of the limited remedy's essential purpose. Exceptions: negligence, gross negligence, recklessness, willful misconduct, fraud, injury/death, physical property damage, and non-waivable statutory rights. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
IMPLIED WARRANTIES. To the extent permitted by law, implied warranties of MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE last only this warranty's stated duration. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
If your agreement states that the job carries no Company warranty, the following applies instead.
NO COMPANY WARRANTY — AS IS
NO VOLUNTARY COMPANY WARRANTY IS PROVIDED. TO THE EXTENT PERMITTED BY LAW, COMPANY-SUPPLIED PARTS ARE AS IS, WITH ALL FAULTS; COMPANY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This excludes no protected rights, prior express promises, reasonable-care or workmanlike-service duties.
No Company warranty period begins for this job. No recall coverage or extension is created. Earlier warranties retain their original terms. Customer-supplied parts receive no Company warranty. The manufacturer warrants manufacturer-covered repairs; the plan's named obligor supplies program benefits. Company provides no additional warranty on program-covered parts/labor. Contact Company at §1 for defective/unperformed service; mandatory remedies remain.
Non-warranty contractual economic liability is capped at total job payments by Customer/programs. Exceptions: zero-paid jobs, negligence, gross negligence, recklessness, willful misconduct, fraud, bodily injury, death, physical property damage, and non-waivable statutory rights. Section 5 remedies remain.
The exceptions above describe this economic cap; they do not cancel a separately applicable §6A release. Section 6A does not enlarge this cap or its scope.
The §6 cap is shared by Company and applicable §12 beneficiaries for the job; multiple claims, theories, or technicians do not multiply it. No recovery is duplicated for the same loss.
Cause and law determine responsibility, regardless of discovery after service. Company retains available causation, comparative-fault, mitigation, and third-party-responsibility defenses. Assistance, inspection, or a goodwill repair is not by itself an admission of liability.
IMPORTANT: THIS SECTION RELEASES CERTAIN CLAIMS AGAINST COMPANY AND THE PERSONS IDENTIFIED BELOW, INCLUDING CLAIMS FOR SUBSTANTIAL PROPERTY DAMAGE, SERIOUS BODILY INJURY, OR DEATH CAUSED BY THEIR ORDINARY NEGLIGENCE. THE RELEASES ARE LIMITED BY THE DEFINITIONS, ACCEPTANCE REQUIREMENTS, AND EXCEPTIONS BELOW.
6A.1. Defined services, accidents, and protected parties. "Covered Services" means only the appliance diagnosis, repair, installation, water or gas connection, testing, or appliance movement expressly authorized in the accepted estimate and any approved changes for this work order.
"Covered Accident" means unintended water leakage or flooding, gas escape, fire, smoke or carbon-monoxide exposure, electrical shock, or accidental appliance movement caused by the performance of Covered Services. It includes a resulting slip or fall.
"Protected Parties" means Company and the employees, independent-contractor technicians, and job supervisors actually performing or supervising Covered Services. Company members or managers qualify only for their conduct in performing or supervising those services.
"Ordinary negligence" means a failure to exercise reasonable care, including an ordinary-negligent act or omission in performing, testing, supervising, or providing warnings about Covered Services.
6A.2. Release concerning Customer's property. Customer releases the Protected Parties from Customer's claims for physical damage to property Customer owns, and resulting loss of use, to the extent caused by a Protected Party's ordinary negligence resulting in a Covered Accident. This release includes substantial damage to the dwelling and its contents, including damage exceeding the price of the service.
The release reaches only claims Customer owns and has legal authority to release. It does not release an independent claim belonging to another property owner.
6A.3. Release concerning the adult Customer's own injury or death. An adult Customer personally accepting this section releases the Protected Parties from claims for that Customer's bodily injury or death, to the extent caused by a Protected Party's ordinary negligence resulting in a Covered Accident. This release includes claims for serious or permanent injury and resulting medical expenses, lost income, pain and suffering, and death-related damages, subject to §6A.4.
Legally derivative claims are subject to this release only to the extent applicable law makes them subject to the Customer's valid release. This section does not release a minor's claim or another person's independent injury claim.
A person signing only as someone else's representative does not provide that other person's personal acceptance required by this paragraph and does not release the representative's own injury claims.
6A.4. Claims and conduct not released. Neither release applies to gross negligence, recklessness, intentional misconduct, fraud, violations of non-waivable safety requirements, warranty or product-liability claims, or any claim or remedy that applicable law prohibits releasing.
Company's duties to perform Covered Services and provide required warnings remain. These releases address only the identified claims for ordinary negligence; they do not authorize unsafe work.
Customer assumes no obligation to defend, indemnify, or reimburse a Protected Party for another person's claim. Criminal proceedings and government enforcement are unaffected.
6A.5. Acceptance before the affected work. These releases apply only to Covered Services performed after this section has been conspicuously disclosed and expressly accepted as part of the service agreement.
A completion signature does not create a release for work already performed if the applicable release was not accepted beforehand. Acceptance of additional work must identify any release applicable to that additional work before it begins.
These releases do not apply to emergency work undertaken to address an immediate threat to life or physical safety, or when the Customer lacks a meaningful opportunity to review and decline the release before the affected work.
6A.6. Separate provisions and remaining defenses. The property release and the bodily-injury/death release are separate. If either is unenforceable, the other remains effective only if independently lawful and enforceable.
An unenforceable release does not, by itself, invalidate an otherwise enforceable arbitration agreement. Arbitration does not expand these releases or eliminate the exceptions above.
The Protected Parties retain all other defenses available under applicable law, including causation, comparative fault, mitigation, and responsibility of other parties.
6A.7. Insurance and claims. This section does not amend any insurance policy, promise insurance coverage, make anyone an insured, or require Customer to pursue insurance before reporting a claim.
Nothing in this section waives Company's rights of recovery against another responsible party or prevents notification of an incident to an insurer.
For non-warranty contractual claims, Company excludes incidental/consequential economic losses, including food spoilage and lost time/income. The §6 economic-cap exceptions apply to this exclusion; §6A's releases remain separate. This independent, severable exclusion survives failure of a limited remedy's essential purpose. Some states do not allow exclusion or limitation of incidental or consequential damages, so this exclusion may not apply to you.
Customer provides safe access, secures pets/fragile items, discloses known hazards/alterations, and follows safety instructions. We document damage and move appliances carefully. Customer bears unavoidable deterioration/clearance effects only with our reasonable care and advance approval of identified risks. Company is not responsible for loss to the extent caused by preexisting defects, unsafe customer operation, declined corrections, or later third-party work, except to the extent Company's actionable conduct caused or increased it. Required care and warnings remain. Any release of an otherwise actionable ordinary-negligence claim is governed exclusively by §6A.
For leaks, smoke, sparks, or gas odor: stop use, leave danger, seek emergency/utility help, and notify Company when safe. Never risk injury to mitigate damage.
We offer eligible old parts back and record elections; released parts become ours, otherwise remain available. Required supplier/manufacturer returns cannot be retained. Optional core retention requires portal-approved charges.
Refunds follow this section and §5. Diagnostic fees are earned after the visit, preserving deficient/unperformed-service and mandatory remedies.
Parts marked "Special order" in the estimate become non-returnable for convenience when ordered. Cancellation costs cannot exceed the lesser of disclosed estimates and documented unavoidable restocking, shipping, parts-at-cost, or scheduling loss. We mitigate and credit recoveries; no deposit forfeiture.
Deposits require portal approval and lawful limits. Unused deposits/refunds return within 10 calendar days of cancellation/entitlement, sooner if required, through the original method or another payer-agreed method.
Program: [program name, when your job runs under one].
Program terms govern benefits; this agreement governs authorized customer charges. We collect approved deductibles/service fees. Denied/unpaid program amounts require a separately itemized contingent maximum approved before work through the portal, no prohibited balance billing, and a denial explanation/revised accounting before collection. Nonpayment alone creates no new debt.
Customer permits appliance/work-area photos and relevant data sharing with manufacturers, administrators, processors, and dispute decision-makers for service, quality, claims, and disputes. Access/retention are limited; unrelated subjects and marketing are excluded.
Safely preserve incident evidence and permit reasonable coordinated inspection with the parties' insurers and experts. Before nonemergency destructive testing, alteration, or disposal of relevant parts, each party gives reasonable advance written notice and an opportunity for joint inspection, including for parts Company retains. Emergencies, safe mitigation, and responders take priority. Only lawful remedies for lost evidence apply; no automatic forfeiture.
Customer confirms existing, unwithdrawn electronic-record and optional service SMS/email consents, including any consent to automated/AI-assisted messages and signing links/codes; no marketing. Reply STOP to stop texts; §1 contacts handle other consent changes. Existing obligations remain.
Agreement and scope. Customer and Company must resolve covered disputes by binding individual arbitration instead of a court or jury trial. Covered disputes arise from this accepted agreement or its authorized services, including booking, diagnosis, repairs, parts, installation, appliance movement, warnings, payment, warranties, communications, and work by independent-contractor technicians. They include contract, statutory, product-liability, and negligence claims, including fire, flooding, gas escape, carbon-monoxide exposure, property damage, bodily injury, and death. This section changes the forum, not substantive liability or available remedies. A §6A release may be asserted only as an independently valid defense; arbitration does not validate or expand it.
Rules and exceptions. JAMS administers before one neutral arbitrator under its Comprehensive Arbitration Rules (https://www.jamsadr.com/rules-comprehensive-arbitration) and Consumer Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards), available free from Company. Consumer standards control conflicting procedures. Either party may use small claims court within its jurisdiction. Cases, claims, or remedies that law excludes from mandatory arbitration remain in court, including applicable statutory elections concerning sexual assault or harassment. Mandatory exclusions affecting an entire case control severability. Agency complaints, protected payment disputes, and lawful emergency court relief remain available. Court proceedings to compel arbitration, review an award, or enforce it remain available.
Notice and process. Before filing, send a written claim describing the job, facts, and requested relief to Company's §1 contacts or Customer's supplied address, and allow 30 days for resolution. No delay is required where it could impair safety, legal deadlines, or protected rights. Legal filing periods are not shortened. Arbitration demands follow JAMS filing and service procedures. Both parties participate in selecting a neutral experienced in the dispute's subject, exchange relevant nonprivileged information, present witnesses and experts, and may have counsel. Hearings occur remotely when appropriate or at an accessible location in Customer's home county; JAMS resolves accessibility issues. Company cannot choose the arbitrator alone.
Costs and decision. A consumer initiating arbitration pays no more than $250 in required forum fees, less if law, JAMS, or a fee waiver requires; Company pays the remaining required forum and arbitrator costs. Company pays all such costs when it initiates. Each party pays its own counsel and experts unless applicable law authorizes an award. No automatic loser-pays rule applies. The arbitrator applies applicable law, decides available remedies and valid defenses, and gives a reasoned written award, binding subject to statutory judicial review. Any competent court may enter judgment on the award.
Who decides arbitration questions. The arbitrator decides this section's scope and enforceability. This delegation is a separate agreement. A court decides whether an agreement was formed, whether a person is bound, the individual-proceeding restriction's validity, and matters that law reserves to courts.
Individual proceedings. Neither party may pursue covered claims as a class or collective arbitration. Claims against Company and its servicing beneficiaries from the same job may be heard together. Unrelated customers' merits claims are not consolidated without all affected parties' written agreement after the dispute; provider-required administrative coordination remains available. Non-waivable representative rights remain. If this individual-proceeding restriction cannot govern a claim or remedy, that portion proceeds in court; separable covered disputes remain in arbitration. There is no agreement to class arbitration without written post-dispute consent.
Continuity. An invalid damages limitation or §6A release does not itself cancel this separate arbitration agreement. If JAMS is unavailable for reasons unrelated to Company's noncompliance, the parties may agree on another neutral provider; after 30 days without agreement either may seek lawful court appointment under equivalent consumer safeguards. Company nonpayment or noncompliance does not restrict Customer's resulting court rights. Company cannot change this section for an accepted job without fresh mutual agreement. Federal arbitration law governs this section; Tennessee substantive law and mandatory protections govern the dispute. The legal seat is Tennessee, regardless of a remote participant's location. No standalone jury waiver applies in court.
Beneficiaries. Servicing technicians, subcontractors, agents, and Company members/managers acting on this job are intended beneficiaries of applicable defenses and arbitration, subject to the same duties, exceptions, and shared limits. Section 6A protects only the persons and conduct it identifies; this beneficiary paragraph does not enlarge either release. A beneficiary invoking this section accepts its reciprocal arbitration obligations. Representatives, successors, and subrogated claimants are bound only through rights and authority legally subject to this agreement; independent rights of other people remain unaffected.
Contact Company before a card dispute unless delay risks safety, deadlines, or rights. Reversal leaves only valid debt unpaid, without establishing liability, recharge, or penalty.
Lawful repair liens remain. Portal-approved storage starts 15 days after written pickup notice. After 60 days' written notice, lawful abandonment/foreclosure may begin; no transfer, entry, sale, or disposal bypasses required process. These rights do not exempt underlying covered claims from §12.
The estimate, portal acceptance, and approved changes form this agreement; Company accepts by performance. Accepting disclosed terms and permitting work binds them without completion signing, which adds no undisclosed restriction. Section 6A additionally requires its stated express pre-work acceptance; mere use of the website, permission to enter, payment, or completion signing does not substitute for that acceptance. Mandatory rights control; invalid provisions are severable. Payments, remedies, limitations, valid releases, disputes, and records provisions survive.
Questions about these terms? Call (629) 401-2622 or write to support@bernysappliances.com. Terms version BA-TN-2026-09-09-V5.6 — the version stated on your documents is the one that applies to your job.