TERMS AND CONDITIONS APPLYING TO REPAIR SERVICES
1. ELECTRONIC SIGNATURE & COMMUNICATION AUTHORIZATION: I hereby authorize and consent to electronic transactions and disclosures with VIVID Auto Body Shop, LLC. I fully agree that my electronic signature shall bear the same force and effect and serve as the legal equivalent of my manual signature for the VIVID Auto Body Shop, LLC. Repair Authorization form. I also authorize communication with VIVID Auto Body Shop, LLC. in respect to my vehicle repair by phone, email, or other messaging with an understanding that I have the option to opt out of these communications at my discretion.
2. REPAIR AUTHORIZATION: I have reviewed with VIVID Auto Body Shop, LLC. and identified the damages to the vehicle described above (the “Vehicle”) and I hereby authorize and engage VIVID Auto Body Shop, LLC. to repair all damage to the Vehicle, whether visible, including any additional repairs deemed necessary by VIVID Auto Body Shop, LLC. upon disassembly and close inspection (the “Repairs”). I authorize VIVID Auto Body Shop, LLC. to determine which parts of the vehicle, need to be replaced or repaired as approved by the claims policy issuer and I hereby authorize VIVID Auto Body Shop, LLC. to install replacement parts as needed to comply with applicable claims policy issuer requirements and guidelines which may include the use and installation of alternative parts including aftermarket, used, recycled, like-kind quality and/or reconditioned parts.
3. DIRECTION TO PAY: I represent and warrant that I am the owner, or the authorized agent of the owner, of the Vehicle. I acknowledge and agree that, before VIVID Auto Body Shop, LLC. shall be obligated to deliver or release the Vehicle, (i) I agree to pay, or provide to the satisfaction of VIVID Auto Body Shop, LLC. for the payment of, the entire cost of the Repairs and other amounts due hereunder and (ii) if all or any portion of the cost of the Repairs is to be paid by check or draft from an insurance company, I agree to obtain such check or draft from the insurer and deliver the same to VIVID Auto Body Shop, LLC., properly endorsed by all payees (including any lien holder, if required) for payment to VIVID Auto Body Shop, LLC.. Additionally, I hereby agree that my insurance company may pay VIVID Auto Body Shop, LLC. directly for completed repair work including payments for any supplemental repairs. VIVID Auto Body Shop, LLC. will not accept a personal check in payment of Repairs without the valid Texas driver’s license of the maker. I agree that, if my personal check is dishonored or returned by my bank, I (i) will pay to VIVID Auto Body Shop, LLC. a return fee of $35 and (ii) hereby authorize VIVID Auto Body Shop, LLC. to electronically debit my account for the amount of such check plus the return fee.
4. AUTHORIZATION AND ACCESS TO VEHICLE DATA: I hereby provide consent to VIVID Auto Body Shop, LLC. to extract and use data that is stored in the Vehicle, including in its event data recorder, at any time during the repair process including but not limited to prior to conducting any scanning or diagnostics operations on the Vehicle.
5. LIABILITY: I agree that VIVID Auto Body Shop, LLC. will not be liable for any loss or damage (i) to the Vehicle, or any components or personal items left in the Vehicle, as a result of fire, theft, disappearance, or other cause beyond its control, such as Acts of God including hail, tornadoes, wind damage, floods, earthquakes or other natural disasters or (ii) resulting from any delay in completion of the Repairs, whether due to disruptions in the supply or availability of labor, parts or materials, or other factors beyond VIVID Auto Body Shop, LLC.’s control. I acknowledge that all personal property has been removed from the vehicle, and that VIVID Auto Body Shop, LLC, its employees, and its subcontractors are not responsible for inspection thereof.
6. VEHICLE TRANSFER: Sublet Repairs, Repair Location and Authority to Operate Vehicle. I acknowledge and authorize VIVID Auto Body Shop, LLC, including its subcontractors and employees, as VIVID Auto Body Shop, LLC. deems appropriate, to perform portions of the repairs through use of subcontractor(s) hired by VIVID Auto Body Shop, LLC. conduct repairs at another VIVID Auto Body Shop, LLC. facility: and operate the vehicle, including use on public streets, for the purposes of including, but not limited to, inspecting, testing, pick-up, delivery, and facilitating repairs.
7. STORAGE: I authorize and acknowledge that if the vehicle is not picked up within fourteen (14) days after VIVID Auto Body Shop, LLC. has notified the Customer that the repairs are completed, VIVID Auto Body Shop, LLC. may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $50.00 per day and, in addition to all other available legal and equitable remedies, VIVID Auto Body Shop, LLC. may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle by way of a public auction
8. LIMITED WARRANTY: Subject to the obligations and exclusions below, VIVID Auto Body Shop, LLC. warrants the repairs against defects in materials and workmanship for the applicable period set forth in Section 7(A) During such time, VIVID Auto Body Shop, LLC. will repair or replace any parts which prove to be defective by reason of improper workmanship or materials without charge for parts or labor relating thereto, subject to the terms and conditions herein, including, but not limited to Section 7(C) below. All parts replaced under this limited warranty shall become the property of VIVID Auto Body Shop, LLC. All warranty repairs must be performed at one of VIVID Auto Body Shop, LLC. ’s facilities. If the vehicle is outside VIVID Auto Body Shop, LLC. ’s market area, the warranty repairs may be performed at any repair facility nationwide that is approved in advance by VIVID Auto Body Shop, LLC.
A. Warranty Period. Non-Transferability and Non-Assignability. Except as otherwise provided herein, VIVID Auto Body Shop, LLC. warrants the repairs and paint only to Customer and effective if Customer owns the vehicle. Customer may not expressly or implicitly transfer or assign any rights granted under this limited warranty.
B. Defects in Manufacturer’s Parts, Material or Accessories. This limited warranty applies to defects in any parts, materials or accessories used in the repairs which are procured by VIVID Auto Body Shop, LLC. from any third-party manufacturer and/or supplier only to the extent that such manufacturers or supplier’s warranties, if any, apply to VIVID Auto Body Shop, LLC. with respect thereto.
C. Limitations and Exclusions. This limited warranty does not apply to repairs necessitated by any cause beyond the reasonable control of VIVID Auto Body Shop, LLC., including any defects, damage or malfunctions caused by or resulting from unauthorized service or parts, improper or inadequate vehicle maintenance, use for which any parts or accessories were not designed or approved, alterations, accidents, modification of repairs, subsequent repairs performed by a party other than VIVID Auto Body Shop, LLC. (Except as set forth in this Section 7), abuse, misuse, neglect, or acts of God.
D. Environmental Damage. This limited warranty does not apply to damage caused by chemicals, tree sap, road salt, sand, rocks, pebbles, hail, windstorms, sun, pollution or other environmental factors or road hazards that may damage cloth, leather, plastic, wood, vinyl, paint, chrome, upholstery and/or convertible tops.
9. LEGAL ACTION AND FEES IF APPLICABLE: In the event legal action is taken by VIVID Auto Body Shop, LLC. to enforce this contract or its security interest and/or lien with respect to the Vehicle, in addition to any other amounts due hereunder, I agree to pay the reasonable attorney’s fees, court costs and out-of-pocket expenses incurred by VIVID Auto Body Shop, LLC. in connection with such action.
10. POWER OF ATTORNEY: In consideration for VIVID Auto Body Shop, LLC’s performance of the Repairs, I appoint VIVID Auto Body Shop, LLC. and its authorized agents as my attorney-in-fact, with the power and authority, in my name and place, to (a) endorse any check or draft made payable to me in payment for damages to the Vehicle, (b) to sign any release in settlement of claims for such damage, in conjunction with or as a condition to receipt of the proceeds of such check or draft, and/or (c) to sign a vehicle title for the transfer of the Vehicle in the event the Vehicle is abandoned or is repossessed by VIVID Auto Body Shop, LLC. in accordance with applicable law. I understand and agree that this power of attorney is coupled with an interest and may not be revoked until VIVID Auto Body Shop, LLC. has received payment in full for the Repairs of the Vehicle. To secure payment in full for the Repairs and all other amounts due hereunder, I grant VIVID Auto Body Shop, LLC. a security interest in, and acknowledge that VIVID Auto Body Shop, LLC. shall have the rights granted under a statutory and/or constitutional lien upon, the Vehicle.
11. DISPUTE SETTLEMENT AND ARBITRATION: I hereby agree that in the event of a dispute or controversy with VIVID Auto Body Shop, LLC. regarding this authorization or any aspect of my repair that I shall first attempt to resolve the dispute by way of mediation. If the mediation process provides no resolution, then I hereby agree to further arbitration governed by the appropriate applicable entity. Furthermore, I agree that any arbitration shall be handled on an individual basis and waive any right or authority for arbitration by class action, in joinder with other VIVID Auto Body Shop, LLC. customers or the public.
12. TERMS AND CONDITIONS: I have hereby read, fully understand and agree to all terms, conditions and authorizations herein to VIVID Auto Body Shop, LLC.’s repair services. I understand that a copy of these terms and conditions are available to me for my reference and records.