1. Parties to this Agreement; Definitions.
As used in this Agreement, the terms: (a) ''HELPMYRV'' shall mean Help my RV repairs llc identified in the Service Authorization, estimate, work order, online request or other ordering document; (b) “Customer” shall mean the Customer identified in the Service Authorization, estimate, work order, online request or other ordering document; (c) “Manufacturer(s)” shall mean the entity or entities that manufactured the Parts used in the Services; (d) “Part(s)” shall mean the new and/or used parts, components, accessories or materials used in the Services; and (e) “Services” means the repair and/or maintenance services performed for Customer.
2. WARRANTY DISCLAIMERS AND LIMITATIONS
LIMITED WARRANTY ON SERVICES.
HELPYRV warrants that the Services will be performed in a good and workmanlike manner (“Services Warranty”). The Services Warranty is valid for a period of 30 days from the date the Services are performed. Customer’s sole and exclusive remedy, and HELPMYRV entire liability under the Services Warranty, is the repair of any nonconforming portion of the Services. The Services Warranty is valid only if HELP MY RV REPAIRS LLC is contacted within the 30 days of service. The Services Warranty extends only to the Customer for whom the Services were provided and not any subsequent purchaser. HELPMYRV PROVIDES NO OTHER WARRANTIES CONCERNING ITS SERVICES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
PARTS – MANUFACTURER WARRANTIES ONLY:
Any warranties on any Parts are limited only to those written warranties provided by the applicable Part’s manufacturer. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PARTS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.
NO OTHER WARRANTIES:
EXCEPT AS SET FORTH ABOVE, HELPMYRV EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. HELPMYRV neither assumes nor authorizes any other person to assume for it any liability in connection with the services or any parts provided to customers in conjunction with the services.
3. Rates; Authorization; Additional Repairs.
HELPMYRV charges for labor are not based on actual mechanic’s time, but are established by multiplying HELPMYRV labor rate by industry time allowances or HELPMYRV own judgment of the time to be charged. If an estimate is provided, Customer will not be charged more than the estimated price approved by Customer. However, if HELPMYRV discovers that different or additional repairs are indicated, Authorization may be given by Customer orally or in written form, including email. In the event that Customer authorizes commencement but does not authorize completion of a repair or service, a charge will be imposed for disassembly, reassembly, or partially completed work. Such charge will be directly related to the actual amount of mechanic’s time and/or parts involved in the inspection, repair, or service performed.
4. MANUFACTURE & EXTENDED WARRANTY.
HELPMYRV will submit warranty claims on behalf of Customer for manufacturers for whom it is authorized to perform warranty service; however, Customer understands and agrees that it is responsible for full payment for any Services provided that are not covered by the warranty.
5. RECOMMENDED MAINTENANCE REPAIRS.
HELPMYRV is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by HELPMYRV that is declined by Customer.
6. OPERATING OF VEHICLE.
Customer agrees that HELPMYRV employees may operate Customer’s vehicle for purposes of facilitating the repairs, including but not limited to diagnosing, and road testing.
7. OEM Parts.
Customer acknowledges that estimates for non-warranty repairs may include parts not made by the original manufacturer. Parts used in the non-warranty repair of customer’s vehicle by other than the original manufacturer are required to be at least equal in like kind and quality in terms of fit, quality and performance to the original manufacturer parts they are replacing.
CUSTOMER SUPPLIED PARTS ARE NOT COVERED UNDER ANY WARRANTY BY HRLPMYRV.
8. Damage; Theft.
HELPMYARV is not responsible for loss of or damage to the vehicle due to or arising from fire, weather, theft or any other cause except the sole negligence of HELPMYRV. HELPMYRV is not responsible for any loss or damage to articles of personal property that have been left in the vehicle or for loss or damage to bodies, trailers or special equipment, including any cargo, materials or supplies carried on or in such bodies, trailers or special equipment, whatever the cause.
9. Mechanic’s Lien; Lien Sale; Collection.
In addition to any and all other legal remedies available to HELPMYRV, Customer authorizes and acknowledges an express mechanic’s lien in favor of HELPMYRV on the vehicle described herein for all charges for repairs, including labor and parts, storage and/or towing. Customer authorizes and acknowledges that if payment in full is not received within ten (10) days after HELPMYRV has notified the Customer that the repairs are completed: (i) HELPMYRV may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or (ii) HELPMYRV may refer such account to its attorneys or a collection agency for collection.
8. Governing Law; Venue; Time to Commence Action.
Except to the extent that the laws of the United States may apply or otherwise control this Agreement, the rights and obligations of the parties hereunder shall be governed by and construed and interpreted in accordance with the laws of the state in which HMR is located, without regard to conflict of law principles. The mandatory venue for any claim, litigation, civil action, or any other legal or administrative proceeding (“Action”) involving any controversy or claim between or among the parties to this Agreement, is the county and state in which HELPMYRV is located.
9. LIMITATION OF DAMAGES.
CUSTOMER AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY CUSTOMER AGAINST HELPMYRV, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN THE UNIFORM COMMERCIAL CODE, INCLUDING, BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE DAMAGES.
10. Fees and Expenses of Actions.
In any Action, whether initiated by HELPMYRV or Customer, where the Customer has a right, pursuant to statute, common law or otherwise, to recover reasonable attorneys’ fees and costs in the event it prevails, Customer agrees that HELPMYRV shall have the same right to recover reasonable attorneys’ fees and costs incurred in connection with the Action in the event that HELPMYRV prevails.
11. Waiver; Sever-ability; Entire Agreement.
No waiver of any term of this Agreement shall be valid unless it is in writing and signed by HELPMYRV authorized representative. If any provision or part of any provision of this Agreement shall be deemed to violate any applicable law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining part of that provision and the remainder of the Agreement shall continue to be binding and enforceable. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.
12. PRELIMINARY ESTIMATE DISCLAIMER
HELPMYRV ESTIMATES ARE BASED ON THE INFORMATION PROVIDED AND IS SUBJECT TO CHANGE. THE FINAL PRICE MAY VARY DEPENDING ON ADDITIONAL SERVICES REQUIRED TO COMPLETE REPAIRS NEEDED. ANY PARTS NEEDED TO COMPLETE REPAIRS ON ESTIMATES PROVIDED WILL BE PAID IN FULL BEFORE WORK BEGINS; LABOR IS DUE AT TIME OF COMPLETION PER LINE ITEM. IF MULTIPLE LINE ITEMS ARE PRESENT CUSTOMER WILL ONLY PAY FOR REPAIRS THAT HAVE BEEN COMPLETED ON DAY OF COMPLETION.
THE PRICE QUOTED IS VALID FOR 30 DAYS FROM THE DATE OF ESTIMATE. IF THE WORK IS NOT COMPLETED WITHIN 30 DAYS, HMR RESERVES THE RIGHT TO REVISE THE ESTIMATE.
CUSTOMER SIGNATURE & DATE
TECHNICAN SIGNATURE & DATE