TERMS OF SERVICE
Prestige Auto Repair, LLC
STANDARD TERMS AND CONDITIONS
1. ACCEPTANCE - This order consists only of the terms contained herein and on the face of this order.
By requesting or
allowing service as described on the face hereof, customer agrees to the terms and conditions of sale
contained in this
order. Any additional or different terms or conditions contained in any other writing except if signed by
Seller shall be
deemed objected to without need of further notice of objection and shall be of no effect nor in any
circumstances binding.
I authorize Seller and its representatives to drive my vehicle as for testing or other purposes.
2. WARRANTY AND CLAIMS - Parts and labor are warrantied for twenty four months or 24,000 miles or
the maximum limit
of the applicable manufacturer's warranty on such parts, whichever shall first expire, excluding normal
wear and tear,
maintenance and service items. All parts are new unless specified otherwise. Used and remanufactured
parts' warranty is
limited and to be specified on the front of this invoice. This warranty is void in the event of accident, abuse
or negligence or
if installation, modifications, repairs or replacements were made without our express written consent or if
improper wiring
or attachments, improper storage or maintenance.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED
WARRANTIES, INCLUDING BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE,
WHICH ARE SPECIFICALLY DISCLAIMED. THE SOLE AND EXCLUSIVE REMEDY SHALL BE THE
OBLIGATION TO
REPAIR, REPLACE, CREDIT OR REFUND AS SET FORTH IN THIS WARRANTY,
NOTWITHSTANDING ANYTHING TO THE
CONTRARY HEREIN OR UNDER LAW, IN NO CASE SHALL WE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL
DAMAGES INCLUDING, BUT NOT LIMITED TO, THE LOSS OF PROFITS OR INCOME WHETHER OR
NOT
SELLER HAD KNOWLEDGE THAT SUCH DAMAGE MIGHT BE INCURRED.
The warranty shall be valid only if we are informed in writing within the warranty period of the specific
defect in material or
workmanship. In each case, in order to present a valid warranty claim, you shall notify us in writing no
later than thirty (30)
days of discovery of a defect. Upon receipt of notice of a warranty claim as provided above, we shall have
the right either
to examine the vehicle at your site or to require that you return the vehicle to us for repair. Within a
reasonable time after
receiving notice, we shall, if the claim is valid, attempt to correct defects in material or workmanship, with
either new or used
parts. If unable to repair, Seller shall provide, at its option, either (a) a replacement product or (b) refund
of the purchase price
for the equipment or part in question.
These remedies are the customer's sole and exclusive remedies for any claim of any kind under this
agreement. Seller's liability
in all instances shall be limited to the total paid by the customer for the sale in question.
3. NO LIABILITY - Seller shall have no responsibility for lost or stolen goods, or for vehicles left for more
than thirty (30) days.
Any vehicle left before or picked up after regular business hours is the customer's responsibility. Cars left
for customer pickup
after hours is a courtesy and in no way an extension of credit. Storage charges will accrue fifteen (15)
days after completion
of the vehicle repairs.
4. UNPAID INVOICES - Finance charges will be applied if the balance is unpaid one month from invoice
date, assessed at
two percent monthly and 24% annually or the highest rate allowed by law, whichever is lower. The
minimum monthly finance
charge is $5.00. Customer shall reimburse Seller for all legal and collection fees and expenses.
5. INDEMNIFICATION - Customer agrees to indemnify, defend and hold Seller harmless from any and all
losses, liabilities,
damages, claims, demands, suits, actions, proceedings, subrogation and expenses, including court costs
and reasonable
attorneys' fees, related in any way to the service of goods under this contract from any cause or for any
reason whatsoever.
6. WAIVER - The failure of Seller to insist, in any one or more instances, upon the performance of any of
the terms, covenants
and conditions of this contract or to exercise any right hereunder, shall not be construed as a waiver or
relinquishments of
the future performance of any such terms, covenants or conditions or the future exercise of such right, but
the obligation of
Seller with respect to such future performance shall continue in full force and effect.
