Authorization & Agreement
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.
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.
b. Additional Damage
Additional damage may be discovered and the need for additional repairs may become necessary during the course of repair. The Repair Facility will promptly notify the Customer of any additional repairs and expected cost.
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. Repair Facility's commitment regarding the repair is to Customer.
5. EFFECTS OF REPAIRS WITH PARTS OTHER THAN NEW OEM PARTS
a. Lease or Finance Agreement Violation
Customer understands that using non-OEM parts may violate a lease or finance agreement.
b. Decrease in Value
Using non-OEM parts may adversely affect the value of the Vehicle.
c. Parts Warranty
Using non-OEM parts may impact warranty coverage.
6. LOST OPPORTUNITY AND RIGHT TO EXPECTANCY DAMAGES
Customer acknowledges that Repair Facility designates personnel and dedicates resources to repairs. If Customer breaches this agreement, Repair Facility is entitled to the full measure of expected costs, including towing, parking, and storage fees.
7. RIGHT TO REFUSE REPAIR TECHNIQUES OR PARTS
Repair Facility has the right to refuse to install any part or perform any procedure that is deemed unsafe or unethical.
8. WORKMANSHIP WARRANTY
Repair Facility provides a limited lifetime warranty on workmanship from the date the Vehicle is released to Customer.
9. POSSESSION AND REPLEVIN
Repair Facility shall have a lien against the Vehicle for any unpaid amounts and retains the right to hold the Vehicle until full payment is made.
10. LIMITATION OF REMEDIES
If the Vehicle is unclaimed or abandoned, the exclusive remedy for disputed charges shall be through the mechanic's lien process.
11. BINDING EFFECT
This agreement is binding upon the parties, successors, and assigns until completion of the contract.
12. ENTIRE AGREEMENT
This document sets forth the entire terms of this agreement and may only be altered in writing.
13. SEVERABILITY
If any provision is found invalid, the remainder of the agreement shall remain in effect.
14. GOVERNING LAW AND VENUE
This agreement is governed by the laws of the state of Arizona. Any legal actions must be filed in Maricopa County.
For your protection: Arizona law requires the following statement: Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties.
