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A Morrow guide

Contracts, Licenses and Bonds for Your New Appliance Repair Company

In this guide

Most of the paper that matters at an appliance repair company comes from four places: vendor agreements and leases that set insurance requirements, a federal refrigerant certification that each technician holds personally, state and local registrations that vary widely, and prepaid service plans you may now owe. An individual homeowner is less likely to ask for a certificate, but landlords, property managers, warranty or service networks, retailers and commercial accounts may. This guide shows how to read each against your policies, which credentials belong to the company and which to people, and what to check at a sale.

The short answer

  • Read every vendor agreement and lease against the inherited policies. Contracts can ask for endorsements and limits the policies do not provide, and a certificate does not change the policy.
  • Federal refrigerant certification belongs to each technician, not to the company. A buyer inherits whichever certified technicians stay.
  • Licensing varies by state and city. California registers appliance repair dealers and service contract sellers. Other states may require little or something different, so ask the state and local offices where you operate.
  • No bond requirement for appliance repair turned up in the material reviewed, which is not the same as confirming there is none. Bonds are not insurance for the principal, and the surety expects repayment.

Which of your customers and landlords will ask for proof of insurance?

Insurance clauses show up wherever someone else is exposed to your work or your premises. The table lists counterparties that may ask. It does not give typical limits, because no sourced figures for this trade were found. The contract sets the requirement, so each one needs reading.

Where insurance requirements appear for an appliance repair company
CounterpartyWhat it may ask forWhat to check against your policies
Individual homeownersUsually no certificateNothing in writing, but your liability and completed operations still matter
Landlords and property managersWhatever the lease or agreement says, which may include a certificate, additional insured status or a waiver of subrogationWhether each endorsement is on the policy
Warranty or service networksWhatever the vendor agreement says, which may include limits, additional insured status or proof of workers' compLimits, completed operations, named insured match
Retailers and manufacturersEvidence of coverage, sometimes primary and noncontributory wordingWhether the wording is available on your form
Commercial accounts, housing authoritiesStated minimums in the contractLimits for liability, auto, workers' comp and umbrella
Shop landlordWhatever the lease requires, which can include liability and property insurance and additional insured statusLease clause and certificate on file
Franchisor, if a franchise resaleWhatever the franchise agreement and disclosure document require on insurance and transfersFranchise agreement insurance section
LenderHazard insurance, lender's loss payable on equipment and inventoryLoan documents against the policy

The general method is in checking customer contracts against your policies and when contracts require coverage you do not have. For leases see lease insurance requirements.

What are vendor agreements asking when they say "additional insured"?

A service network or landlord may list its asks as separate lines: additional insured status, completed operations, primary and noncontributory wording and a waiver of subrogation. Each is its own endorsement or condition, and a policy may have one without the others. For a repair company the one to check first is completed operations, because the claim arrives after the technician has left. A certificate is information only. See why a certificate is not coverage and additional insured endorsements explained.

A hypothetical example. A service network's vendor agreement requires $2,000,000 per occurrence (an illustrative figure, not a typical requirement), completed operations additional insured status and a waiver of subrogation. The inherited policy shows $1,000,000 and no completed operations endorsement, and the certificates still name the seller's old entity. The network pauses the company's dispatch until the paperwork is fixed. The revenue risk is the real hit, and business income coverage does not respond to losing a customer. The fix starts with a call to the broker with the agreement in hand, then a corrected certificate in the new entity's name and an umbrella or higher limit if the carrier offers one.

Indemnity or hold harmless language in a vendor agreement may be uninsured if the policy narrows the insured contract definition. State anti-indemnity laws exist for construction contracts, and whether any reaches appliance repair is a question for an attorney, so do not assume they help. See hold harmless agreements.

Which licenses and credentials apply, and who holds them?

Some credentials follow people. Others attach to the company. The table separates them. The federal items apply in every state. The California items are an example of what one state does, not a standard.

Credentials, who holds them and what to ask at closing
ItemAttaches toWhat to ask
Environmental Protection Agency (EPA) Section 608 refrigerant certificationThe individual technicianWhich technicians hold which type; whether any work on sealed systems without one
Certified recovery equipment and refrigerant logs (the equipment is a federal requirement; logs are what the company keeps)The companyEquipment list, certification, and whatever logs and disposal documentation exist
State appliance repair registration, where one exists (California)The business, its officers and each place of businessWhether it is current, and what a change of owner requires
Service contract registration (California)The seller of plansPlans outstanding, security or reimbursement policy
Gas, plumbing or electrical licensesVaries by state and localityWhich tasks technicians do that need a licensed person
Local business license, sales tax permit, vehicle registrationsThe businessCurrent copies in the new owner's name

Federal law requires technicians who service equipment that could release refrigerant to be certified, and the types include Type I for small appliances, which covers household refrigerators, freezers and window air conditioners. The EPA page says the credentials do not expire and apprentices may work under close, continual supervision of a certified technician. Before opening a small appliance, or disposing of one, refrigerant must be recovered with certified equipment. Whether a given technician needs more than Type I depends on the units serviced. See licenses, permits and registrations when buying a business for the deal view.

How do you find the licensing rules where you operate?

  1. Call your state consumer protection or licensing office and ask whether appliance repair dealers must register.
  2. Ask the state plumbing, gas and electrical boards which tasks (gas lines, water lines, hardwiring) need a licensed person.
  3. Ask your city or county business license office what you need to operate.
  4. Ask your deal counsel what changes when ownership does.

One example: California. California's appliance repair dealer statute is administered by the state's Bureau of Household Goods and Services and is not a typical state's rule.

  • A service dealer must register before repairing, servicing or maintaining major appliances, and each place of business and drop-off location is registered.
  • Registration expires within 12 months and must be renewed, and the dealer must give written notice of any change to the registration information within 30 days.
  • Without a valid registration a dealer cannot claim a lien or sue on a repair contract.
  • The statute does not apply to repair of equipment in commercial, nonresidential, industrial or governmental establishments.

What transfers at a sale, and what must be reissued?

The answer turns on the deal structure.

Stock or membership interest purchase. The company is the same legal entity, so its contracts and policies usually stay with it, but many licenses and registrations still require notice of the ownership change, and some need approval. A change of control clause in a customer agreement can still be triggered, and agencies and insurers may need notice of the new ownership (California, for example, requires written notice to the bureau of any change to registration information within 30 days).

Asset purchase. Contracts with anti-assignment clauses need the other side's consent, policies cannot be transferred without the insurer's written consent, and registrations may need a new application. The California statute text does not say whether a registration moves in an asset sale, so ask the bureau.

Licensing agencies, contract counterparties and insurers each have their own change of control rules, so confirm the mechanics with deal counsel and each agency before closing. See stock versus asset deals and old claims and the primer on buying a business in a licensed trade.

Two items are easy to miss. First, certifications leave with the person. Second, a vendor agreement may let the counterparty end the relationship on a change of control, and concentration in one payer is a diligence question, not an insurance claim. Ask for the revenue share by payer before closing.

A hypothetical example. The only technician certified for sealed system work leaves two months after closing, and the company may have to pause that kind of work until it hires or certifies someone.

If the seller sold prepaid plans, ask deal counsel who bears the pre-closing obligations. How plans are insured is covered in coverage gaps new owners find, and the map of core coverage is in core insurance after you buy. A Morrow review can compare your vendor agreements with the policies in force, and any new terms depend on carrier underwriting.

Do bonds apply, and are they insurance?

No bond requirement for appliance repair turned up in the material reviewed. California's registration text did not contain one, although its service contract article sets financial requirements for sellers of plans, including a reimbursement insurance policy, audited net worth, an administrator holding such a policy, or a funded escrow. If a technician or the company holds a plumbing or electrical contractor license in some state, a license bond may apply there.

A surety bond is not insurance for the principal. It protects the party that requires it, and if the surety pays, it expects the principal to repay. A seller's personal indemnity to a surety generally survives a sale, and new owners usually sign new indemnity agreements. The article on whether surety and license bonds transfer and the library page on surety bonds versus liability insurance explain the differences.

Keep reading

Frequently asked questions

Do I need a license to run an appliance repair company?

It depends on your state and city. California, for example, requires appliance repair dealers to register with its Bureau of Household Goods and Services. Other states may require little or something different, and gas, plumbing or electrical work may need a separately licensed person. Ask your state and local offices.

Does the EPA refrigerant certification transfer to me when I buy the company?

No. Certification is earned by each technician, so you inherit whichever certified technicians stay. Confirm each person's type and keep copies on file. Ask whether anyone works on refrigerant without the right certification.

Will homeowners ask for a certificate of insurance?

Usually not. Landlords, property managers, warranty or service networks, retailers and commercial accounts are the customers that may ask, and each asks for what its contract says. Read every vendor agreement against your policies.

Does a certificate of insurance prove I have the coverage a contract requires?

No. A certificate is information, not the policy. The endorsements, limits and named insured on the policy decide what applies. Compare the contract requirement with the policy wording, not only the certificate.

Do I need a bond to repair appliances?

Not necessarily. This guide found no bond requirement for appliance repair in the material reviewed, which is not the same as confirming there is none. Contractor license bonds may apply to plumbing or electrical work in some states, and California sets financial requirements for service contract sellers. Verify with your state and local authorities.

References

Just bought a business? Get your insurance reviewed.

Send Morrow the declarations pages, loss runs and key contracts you inherited. Morrow can review them against the business you bought, flag gaps and request quotes where it makes sense. Any new terms depend on carrier underwriting.

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This article is general information, not legal, tax or financial advice, and not a coverage determination. Coverage depends on the actual policy wording, carrier underwriting, your purchase agreement and your contracts. Ask your attorney and accountant about deal and legal questions.