Terms and Conditions

1. Vehicle Description. The Customer hires the Workshop to perform diagnostic testing and to make mechanical and electrical repairs to the following automotive vehicle as noted on invoice.

2. Services. The Customer authorizes the Workshop, its employees, and contractors to perform the following work and/or repairs on the Vehicle (describe work/repairs to be done. Further, the Customer authorizes the Workshop to test such work and repairs by operating the Vehicle, which includes, without limitation, driving the Vehicle on streets, highways, and elsewhere for purposes of testing and inspection. 

3. Term. The Term of this Agreement will begin on the Effective Date. The Agreement will remain in full force and effect until completion of and full payment for the Services, unless terminated earlier in accordance with the terms of this Agreement. 

4. Repair Estimate. The Customer acknowledges and agrees that: 

a. s/he has been provided with a detailed repair estimate that describes the work and repairs to be done, the parts required (and the cost for such parts), the labor time (and the cost for such labor), and any additional fees, taxes, or expenses (the “Repair Estimate”); 

b. the Repair Estimate is attached to and incorporated into this Agreement as 

Exhibit A; and
c. the Customer has received an independent copy of the Repair Estimate; 

In the event the anticipated cost of repairs and labor is greater than 10% of that quoted in the Repair Estimate (or any other excess amount that may be established by applicable law), then Workshop must obtain Customer’s prior written authorization for the additional amount. 

5. Time Frame. The Workshop will begin the Services on or around the following dat noted on estimate. The Workshop will use its best efforts to complete the repairs on or around the following date. In the event of a substantial delay in completing the Services, the Workshop will notify the Customer and the Customer will have the option to either: 

• Extend the estimated completion date and continue with the Services; or 


• Refuse the extended time frame, terminate this Agreement, and request a 


return of the Vehicle. In such case, and to the extent permitted by applicable law: (i) the Workshop may reassemble the Vehicle to the extent necessary and may charge a reassembly fee; and (ii) all work completed on the Vehicle through the date of termination will become immediately due and payable by the Customer. 

6. Additional Damage. Customer acknowledges and agrees that in the course of performing the Services, the Workshop may uncover additional problems or damages to the Vehicle. In the event additional repairs to the Vehicle are needed that are outside the scope of Services, then Workshop will immediately notify the Customer by providing an updated Repair Estimate and the Customer will have the option to either: 

a. Accept the additional repairs and related costs by signing an updated Repair Estimate; or 

b. Refuse the additional repairs, terminate this Agreement, and request the return of the Vehicle. In such case, and to the extent permitted by applicable law: (i) the Workshop may reassemble the Vehicle to the extent necessary and may charge the Customer a reassembly fee; and (ii) all work completed on the Vehicle through the date of termination will become immediately due and payable by the Customer. 

7. Unsafe Vehicle Condition. Notwithstanding anything to the contrary herein, in the event this Agreement is terminated early before completion of the Services, or to the extent the Services cannot be completed or performed, and the Workshop deems the Vehicle to be in an unsafe condition, then the Workshop reserves the right to: (a) not reassemble the Vehicle; and (b) require the Vehicle to be towed out of the Workshop’s garage. 

8. Invoicing/Payments. Invoice must be paid prior to start of repairs. $50 scheduling appointment is non-refundable and is forfeited with customer appointment no show or cancelation. 

9. Storage. The Vehicle must be picked up and Services paid for in full within 24 hours of Workshop informing Customer of completion of the Services. If Customer does not pick up Vehicle within such timeframe, then to the extent permitted by applicable law, the Workshop’s current storage charges will apply and will be charged to the Customer. 

10. Lien. The Customer acknowledges and agrees that s/he will be responsible for payment in full of all Services, which includes, without limitation, the costs for all repairs, labor, parts, taxes, expenses, fees, and other related charges with respect to the Vehicle. If the Customer fails to pay such charges within 30 days of receipt of Mechanic’s invoice (or other time frame that may be required by applicable law), then the Workshop will have the right to claim a lien on the Vehicle and to sell the Vehicle in order recover its costs in accordance with procedures of applicable law. The Customer acknowledges this as an express lien on the Vehicle to secure the amount of repairs to the Vehicle. This paragraph survives termination of this Agreement. 

11. Late payments. If Customer does not pay invoices when due, then interest will accrue on the outstanding balance at the rate of 10% per month or the maximum extent permitted by applicable law, whichever is lower. 

12. Removed Parts. The Customer has the right to request to keep any old or damaged parts removed from and/or replaced on the Vehicle during the Service (the “Removed Parts”). If the Customer desires to keep such Removed Parts, then s/he must inform the Workshop at the time of signing this Agreement. 

13. Partial Completion of Services. In the event this Agreement is terminated prior to completion of the Services, but the Services have been partially performed, then Workshop will be entitled to payment for that portion of Services that have been performed through the date of termination, provided that the Workshop has not breached this Agreement. 

14. Authorization to Make Repairs. The Customer represents and warrants that s/he has the legal right to authorize repairs on the Vehicle, either through legal title and ownership, lease rights, or written consent from the Vehicle’s owner. 

15. Manufacturer Warranty. The Customer acknowledges and agrees that to the extent the Vehicle is covered under a manufacturer warranty, the warranty provider may require that only Original Equipment Manufacturer (“OEM”) parts may be used for repair and that the use of non-OEM parts or unauthorized components may breach and/or void the Vehicle’s warranty. In such event, the Workshop will not use any non-OEM parts for repair unless expressly authorized in advance and in writing by the Customer. 

16. Aftermarket Parts. The Customer acknowledges and agrees that any repairs using aftermarket or non-OEM parts may: 

• Violate the terms of any lease agreement the Customer currently has with respect to the Vehicle (to the extent one exists); 


• Lead to a decrease in the Vehicle’s value and/or the Vehicle’s accelerated depreciation; and/or 


• Void the Vehicle’s warranty or service contract (to the extent one exists). 


It is the Customer’s sole duty and obligation to ensure that the use of aftermarket parts will not breach or void any agreements the Customer may have with third parties. Use of aftermarket parts must be authorized in advance and in writing by the Customer. To the extent Customer agrees to the use of aftermarket parts, s/he accepts all risks associated with the use of such aftermarket parts, and the Workshop will not be liable for any decrease in value or breach of any third party agreement. 

17. Labor Warranty. The Workshop: 

Does not offer a Labor Warranty. THE WORKSHOP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE REPAIR SERVICE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

This paragraph survives termination of this Agreement. 

18. Insurer. In the event the Customer files an insurance claim related to the Services being performed on the Vehicle, then Workshop will create an insurance estimate to submit to the insurer upon request. Any such estimate is for the insurer’s internal use only and strictly for purposes of validating the claim and reserving funds for payment upon completion of the Services. The parties acknowledge and agree that: 

a. the Workshop has no formal relationship or obligation to any specific insurer. The Workshop’s sole obligation is to the Customer and to perform the Services in a safe, timely, and complete manner; and 

b. the Workshop is not obligated to communicate with or assist the insurers or their agents, including, without limitation, accepting the insurer’s cost estimate or allowing their agents into the Workshop’s garage for any reason. 

The Customer acknowledges and agrees that s/he will remain fully liable for payment of all amounts due under this Agreement, regardless of any insurance or other contractual arrangement the Customer may have with third parties. 

19. Subcontractors. Unless otherwise provided for in this Agreement, the Workshop may, in the Workshop’s sole and absolute discretion, engage a third party subcontractor to perform some or all of the Services under this Agreement. In the event the Workshop hires a subcontractor to assist in providing the Services, then Workshop will be solely responsible for payment of the subcontractor’s services. The Customer agrees not to hire any third parties to assist in providing the Services or any other repairs during the Term of this Agreement. 

20. Photography. The Workshop may take photo or video of the Vehicle in order to document its condition and the repair process. The Customer consents to the taking of such photos and/or videos. Customer assigns the Workshop the right to use and publish photographs and videos of the Vehicle in any and all forms of media for commercial purposes, advertising, trade, personal use, educational, and any other purpose or in any other manner and medium, to alter the same without restriction, and to copyright the same without restriction. The Customer releases all claims to profits that may arise from use of such images and/or videos. The Customer agrees that Workshop may use the Vehicles likeness, images, and/or videos on Workshop’s website or other advertising platform or social media. This paragraph survives termination of this Agreement. 

21. Force Majeure. The Workshop will not be liable for any failure to perform under this Agreement when such failure is due to causes beyond its reasonable control including, but not limited to, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of energy. In the event of such delay, any date or performance stated herein will be extended by a period of time necessary. 

22. Arbitration. All disputes arising from or relating to this Agreement that cannot be resolved by the parties will be submitted to binding and final arbitration following the rules of the American Arbitration Association. The arbitration will be conducted in the county and state of the Workshop’s address as stated on page 1 of this Agreement. Any and all awards rendered by the arbitrator(s) will be final and binding on the parties and may be enforced in a court of law in the relevant jurisdiction. 

23. Compliance. Both parties agree to adhere to all sections of this Agreement in addition to obeying all federal, state, and local laws, rules, and regulations as it relates to the subject matter herein. 

24. Independent Contractor. The Workshop is an independent contractor and not a servant, employee, joint venturer or partner of the Customer. 

25. Limitation of Liability. In no event will Workshop be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the repair Service, whether in contract, tort, strict liability, or any other legal theory. In no event will any damages or costs resulting from the failure of said repairs exceed the actual cost of such repairs. This paragraph survives termination of this Agreement. 

26. Indemnification. Each party will defend, indemnify, and hold harmless the other and their respective successors, assigns, officers, directors, agents, affiliates, subsidiaries, parent company, and employees from and against all liabilities, losses, damages, costs, expenses, actions, claims and demands whatsoever, including reasonable attorneys’ fees, suffered or asserted against the other party that result directly or indirectly from any negligent, willful, reckless or wrongful act or omission of the other party, its employees, representatives or agents, under this Agreement, or from any breach of its representations and warranties or its obligations contained herein. This paragraph survives termination of this Agreement. 

27. Entire Agreement. This Agreement is the entire agreement and understanding between the parties and supersedes all prior or contemporaneous communications,

contracts, or agreements between the parties, whether written or oral, with respect to the subject matter addressed in this Agreement. 

28. Modification. This Agreement cannot be modified except in writing signed by all parties. 

29. Headings. Headings in this Agreement are for convenience only and are not to be construed to limited or otherwise affect the terms of this Agreement. 

30. Counterparts. This Agreement may be executed in counterparts, all of which will constitute a single agreement. 

31. Severability. If any part of this Agreement is declared unenforceable or invalid, the remainder of the Agreement will continue to be valid and enforceable. 

32. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, will not be construed as subsequently waiving any such terms and conditions, but the same terms will continue and remain in full force and effect. 

33. Governing Law. This Agreement will be governed by, construed, and enforced in accordance with the laws of the State in Workshop’s address as listed on Page 1 of this Agreement. 

34. Notices. All notices must be in writing and sent by certified or registered mail to the party’s address listed at the beginning of this Agreement.