Repair Authorization

Dear Valued Customer:

Thank you for choosing Stil Swangn LLC to repair your vehicle. This Repair Authorization outlines the terms under which Stil Swangn LLC will repair your damaged vehicle. We are happy to answer any questions you may have, and our goal is to ensure your complete satisfaction. Thank you for trusting Stil Swangn LLC!

  1. AUTHORIZATION. Customer expressly represents and warrants that Customer has the lawful right to authorize repairs to be made to the vehicle, whether by right of ownership, leasehold interest, or direct authorization from the owner of the Vehicle. Customer authorizes Repair Facility to repair Vehicle and further authorizes Repair Facility to move, test drive, or otherwise operate the Vehicle for purposes of repairing the Vehicle and determining its functionality.
  2. PAYMENT. Customer agrees to pay for repairs, parts, fees, taxes, services, and charges which may include charges for towing, parking, and/or storage ("Repair Costs"). Repair Facility shall present Customer with a final invoice at the close of repairs that identifies all repairs, parts, fees, taxes, services, and charges for the repair. Repairer will identify any proceeds or payments received for the Repair Costs and any outstanding balance which must be paid by Customer prior to release of the Vehicle from Repair Facility. Customer acknowledges he or she is ultimately responsible for payment of all costs,regardless of any payments made by an insurer to the Repair Facility or to the Customer.  The Customer understands and agrees that accepting payment by an Insurer for the right to title, possession, or ownership of the Vehicle is in violation of this Contract unless the Repair Facility's Repair Costs (including towing, parking, and/or storage) have been fully paid.Customer agrees that he/she has been provided a copy of the towing, parking, and storage fees and acknowledges that those fees are reasonable.
  3. REPAIR PROCESS.
    a. Damage Analysis
    Customer agrees to pay for repairs to the Vehicle specified by Repair Facility's analysis of damage, expected repair cost, and repair plan ("Damage Analysis"), a copy of which has been provided to Customer and is incorporated herein by references as if fully rewritten herein, as may be required by law, and discussed with and approved by Customer prior to the performance of repairs.b. Additional Damage
    Additional damage may be discovered and the need for additional repairs not included on the Damage Analysis may become necessary during the course of repair. In that event, the Repair Facility will promptly notify the Customer of the additional repairs to be made to the vehicle and the expected cost. Repair Facility may provide a supplemental DamageAnalysis or may incorporate the additional repairs into a revised version of the original Damage Analysis.c. Insurer Estimate
    Customer acknowledges that any estimate created by or for an insurer is solely for the insurer's internal use in verifying the existence of a valid claim and for deciding an amount of money to reserve from its unrestricted funds for payment of the claim. Customer acknowledges that the insurer estimate is not a blueprint for repairing the Vehicle and has no validity pertaining to the Vehicle's repair.
  4. INSURER INVOLVEMENT. Customer acknowledges that an insurer may not have the same desires or interests in the repair of the Vehicle that the Customer or Repair Facility have. An insurer may only be concerned with costs and keeping the repairs to the vehicle as low and economical as possible, which may interfere with Customer's and Repair Facility's interest in obtaining and providing a safe, proper, and satisfactory repair. Repair Facility's commitment regarding the repair is to Customer. Customer recognizes that Repair Facility has no obligation to work with any insurer, allow insurer employees, agents, adjusters, or representatives on Repair Properties' premises, discuss damage to be repaired, parts to be used, repair techniques to be applied, any labor rate or charges with an insurer, or to accept cost estimates prepared by an insurer or its agents. Any discussions, information, or involvement Repair Facility has with an insurer regarding Customer's Vehicle repair is performed exclusively as a courtesy to Customer. To streamline the repair process, it may be advantageous for Repair Facility to have contact with an insurer. However, Repair Facility is under no obligation to have contact with any insurer and may rescind contact at any time, for any reason, or no reason.
  5. EFFECTS OF REPAIRS WITH PARTS OTHER THAN NEW OEM PARTS.
    a. Lease or Finance Agreement Violation
    Customer understands that allowing repairs of the Vehicle to be made with parts made by an entity that is NOT the manufacturer of the Vehicle (which may be called imitation crash parts, non-original equipment manufacturer parts, "Quality replacement parts" (QRP), or ("aftermarket parts") or salvage parts (which may be called "like, kind, and quality" (LKQ), or by some other designation) may place customer in violation of the terms of a lease agreement or finance agreement concerning the Vehicle.b. Decrease in Value.
    Customer acknowledges that allowing repairs of the Vehicle to be made with other than new original equipment manufacturer ("OEM") parts may adversely affect the value of the Vehicle.c. Parts Warranty.
    Customer acknowledges that allowing repairs of the Vehicle to be made with other than new OEM parts may adversely impact Customer's ability to have warranty repairs provided and paid for by the manufacturer or distributor in the event of a defect or problem. In addition, salvage parts do not carry any warranty.d. Parts Election.
    Concurrently with this agreement, Customer has executed an election of parts to be used in the repair of Vehicle which is incorporated herein by reference as if fully rewritten herein.
  6. LOST OPPORTUNITY AND RIGHT TO EXPECTANCY DAMAGES.
    Customer recognizes and acknowledges that by undertaking this agreement to repair the Vehicle, Repair Facility will have lost the opportunity to accept other repair contracts and perform other repairs by designating personnel and dedicating resources to the preparation for and engagement of the repair of the Vehicle. In the event Customer decided to breach this agreement, or is persuaded to breach this agreement by a third party (even one privileged to interfere with a contract between Customer and Repair Facility), Repair Facility shall be entitled to the full measure of the cost of repairs, parts, fees, taxes, services, and charges, including charges for towing, parking and/or storage, expected to be paid in the performance of this agreement, together with interest accruing at the statutory rate or as authorized by state law from the date of  breach.
  7. RIGHT TO REFUSE REPAIR TECHNIQUES OR PARTS. Even if the Customer authorizes the Vehicle to be repaired with parts other than new OEM parts (e.g. "remanufactured wheels") or utilizing certain repair techniques (e.g. "clipping"), Repair Facility, in the exercise of the professional judgment has the right to refuse to install any part of perform any procedure Repair Facility (and any member of its staff) believe to be unsafe or unethical.
  8. WORKMANSHIP WARRARNTY. Repair Facility warrants to Customer that the workmanship of the repairs performed in the Vehicle will be under a limited lifetime warranty from the date the Vehicle is released to the Customer, and Repair Facility will correct any defects in workmanship at no charge to customer within that time frame. Customer must notify Repair Facility of the defect and provide Repair Facility with an opportunity to remedy the problem. Any claim, issue, or action pertaining to the workmanship warranty must be brought for binding arbitration before the Coalition for Collision Repair Excellence (CCRE) Arbitration Panel. This warranty is provided for Repair Facility's workmanship only and does not extend to any parts, whether new OEM, new imitation crash parts, or salvages parts, used in repair of the vehicle.
  9. POSSESION AND REPLEVIN. Customer agrees that Repair Facility shall have a lien against the Vehicle for any and all amounts identified in Section 2 until paid and shall have the right to retain the Vehicle until the Repair Facility is paid in full, as permissible by state law. Customer agrees to pay any and all costs and expenses, including reasonable attorney fees, Repair Facility incurs, relating to any action in replevin or claim and delivery.  Customer agrees to keep RepairFacility informed of any other claims to ownership, title, or possession of the vehicle as soon as the Customer becomes aware of such claims. Customer agrees not to transfer title, ownership, right to possession, or any other interest in the vehicle without satisfying in full any amounts owed to the Repair Facility.
  10. LIMITATION OF REMEDIES.  Customer and Repair Facility mutually agree that in the event that the vehicle is unclaimed or abandoned by the Customer and/or the Customer's insurance company, the exclusive remedy for any disputed charges shall be through the mechanic's lien process of the Department of Motor Vehicles.  The Customer hereby and forever waives his/her right to replevin or Claim and Delivery to recover possession of the vehicle.
  11. BINDING EFFECT. This agreement shall be binding upon the parties, their transferees, successors and assigns, including a new or different owner and/or change in title ownership of the Vehicle until completion of the contract.
  12. ENTIRE AGREEMENT. This document (including such documents as may be incorporated herein by reference) sets forth the entire terms of this agreement. This agreement may not be altered orally and may only be altered by an agreement in writing signed by both parties.
  13. SEVERABILITY. If any clause or provision herein contained operates or would prospectively operate to invalidate this agreement in whole or in part, then such clause or provision shall be stricken from this agreement, and the remainder of this agreement.
  14. GOVERNING LAW AND VENUE. This agreement shall be governed by, construed, and enforced in accordance with the laws of the state of ARIZONA STATE. Any action for the breach or enforcement of this action shall be brought exclusively in a court in MARICOPA COUNTY. 

For your protection, Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.

LIMITED WARRANTY. Subject to the specified exclusions and exceptions, Stil Swangn LLC provides a limited warranty for the work performed under this Repair Authorization. This limited warranty includes all repairs, paint, and workmanship on sheet metal, frame, unitized chassis components, and mechanical items but specifically excludes electric systems. This limited warranty is subject to any manufacturer’s warranty covering parts and materials. This limited warranty is non-transferable and valid for as long as I own the vehicle. During the limited warranty period, Stil Swangn LLC will repair or replace any defects caused by Stil Swangn LLC or its agents. All warranty repairs must be performed at one of Stil Swangn LLC’s facilities; any repairs or alterations to the vehicle performed at a non-Stil Swangn LLC facility in any manner whatsoever shall automatically void this limited warranty. This limited warranty shall not apply to repairs necessitated by any cause beyond the reasonable control of Stil Swangn LLC, including any defects, damage, or malfunctions caused by or resulting from unauthorized service or parts, improper or inadequate vehicle maintenance, alterations, accidents, modification or repairs, subsequent repairs performed by a party other than Stil Swangn LLC, abuse, misuse, neglect, acts of God, or environmental damage. THE WARRANTIES SET FORTH IN THIS SERVICE CONTRACT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY. In no event shall Stil Swangn LLC be liable for consequential, special, or indirect damages of any nature, and Stil Swangn LLC’s maximum liability shall be no greater than the amount actually paid to, and received by, Stil Swangn LLC for the services performed on the vehicle.

MANDATORY ARBITRATION. I agree that all claims and disputes relating to this Repair Authorization (including the arbitrability of any issue) shall be exclusively, solely, and finally settled by confidential arbitration in the state in which the repair was performed, in accordance with the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the then-existing rules of the American Arbitration Association (“AAA”). There shall be a single arbitrator. The filing costs shall be the sole responsibility of the party filing arbitration. If the parties cannot agree on the single arbitrator, then each party shall select one individual to choose an arbitrator, and those individuals shall agree on the arbitrator within 10 days. The arbitrator shall have the right to award or include in any award the specific performance of these terms and/or costs and expenses of the arbitration (including reasonable attorneys’ fees) in accordance with what they deem just and equitable under the circumstances. The arbitrator’s decision may be reduced to a judgment in any competent jurisdiction.

CLASS ACTION WAIVER. THE PARTIES WAIVE THE RIGHT TO ASSERT ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS REPAIR AUTHORIZATION AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS ACTION OR COLLECTIVE ACTION. THE PARTIES EXPRESSLY INTEND FOR ARBITRATION AS PROVIDED ABOVE TO BE THE SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS REPAIR AUTHORIZATION. THE PARTIES SHALL SUBMIT ONLY THEIR OWN INDIVIDUAL CLAIMS IN ARBITRATION AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER INDIVIDUALS, AND NO CLAIMS WILL BE JOINED, CONSOLIDATED, OR HEARD TOGETHER WITH THE CLAIMS OF ANY OTHER INDIVIDUALS.

ENTIRE AGREEMENT. The terms contained in this Repair Authorization constitute the entire agreement between you and Stil Swangn LLC. This Repair Authorization shall supersede all prior oral and written discussions, agreements, and understandings of the parties with respect to the subject matter of this Repair Authorization. No modification, amendment, supplement to, or waiver of this Repair Authorization or its terms and conditions shall be binding upon either party unless made in writing and signed by both you and an authorized manager of Stil Swangn LLC.

Work Authorization

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I hereby authorize SS Collision - Auto Body & Paint Shop LLC to make the specified repairs. I understand that payment in full will be due upon release of the vehicle, including additional supplemental damage charges.
I hereby grant SS Collision - Auto Body & Paint Shop LLC employees' permission to operate the vehicle on the streets, highways, or elsewhere for the purposes of testing and/or inspection. An express mechanics lien is hereby acknowledged on the vehicle to secure the amount of repairs thereto.
SS Collision - Auto Body & Paint Shop LLC will not be held responsible for loss or damage to vehicle or articles left in the vehicle in case of fire, theft, accident or any other cause beyond your control.
Old parts removed from the vehicle will be junked unless otherwise instructed. I authorize any/all supplements payable directly to SS Collision - Auto Body & Paint Shop LLC.
I do hereby appoint SS Collision - Auto Body & Paint Shop LLC to act as Power of Attorney in fact to accept on my behalf any and all check, drafts or bills of exchange, and to endorse all such checks, drafts, bills of exchange for deposit to SS Collision - Auto Body & Paint Shop LLC's account for credit on my account for repairs to my vehicle which has been released and accepted.
I acknowledge that SS Collision - Auto Body & Paint Shop LLC may identify additional damages parts which were not identified in the initial inspection. I authorize SS Collision - Auto Body & Paint Shop LLC to make additional repairs without prior notice. In the event I decline to authorize SS Collision - Auto Body & Paint Shop LLC to repair additional damages identified, I will pay for all parts and labor completed prior to providing said notice. Further, I release, indemnity, and hold harmless SS Collision - Auto Body & Paint Shop LLC for any claims related to the work performed by SS Collision - Auto Body & Paint Shop LLC prior to said notice.
For your protection, Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.

VEHICLE RELEASE POLICY

  • All repairs must be paid in full prior to vehicle release unless prior arrangements have been made
  • All deductibles are payable to SS Collision - Auto Body & Paint Shop LLC
  • Two and three party checks must be endorsed by all parties including lienholders prior to vehicle release.
  • I have read and understand SS Collision - Auto Body & Paint Shop LLC's Vehicle Release Policy _____________.
  • I understand that estimated delivery date is not guaranteed and is subject to change
  • Vehicles not picked up within 5 days of completion will be charged a $300 per day storage fee.

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Phoenix, AZ 85015
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(602) 400-0880