CONTRACT FOR VEHICLE REPAIR AND REPAIR AUTHORIZATION
This CONTRACT for vehicle inspection, diagnostic, and/or repair is entered into between
DriveTech Solutions Inc. d/b/a MobileAutoRepair.com ("Mechanic") and the ("Customer")
for the repair of the vehicle described below ("Vehicle").
1. AUTHORIZATION
Customer authorizes Mechanic to inspect, disassemble, diagnose damage, and make repairs ("the Repairs") to Customer's vehicle. Customer expressly represents to Mechanic 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.
2. INITIAL DEPOSIT
The Customer agrees to pay a deposit prior to Mechanic dispatching a technician to service the vehicle. The deposit amount varies by job, but the minimum deposit shall be no less than $89.50. No portion of the initial deposit is refundable once the technician arrives at the service address. A partial refund of the deposit may be available only if Mechanic receives notice of cancellation prior to arrival. The Customer promises to pay Mechanic for the cost of parts, labor, taxes, fees, services, diagnostic testing, administrative charges, and other related costs ("Repair Costs"). Mechanic will provide Customer with a final invoice reflecting the total Repair Costs and any outstanding balance, which must be paid prior to the release of the Vehicle.
3. PAYMENT
If work in excess of the initial deposit is necessary, Mechanic shall prepare a quote stating the issue with the Vehicle, the parts needed, and the estimated time to complete the job. Mechanic shall issue a final invoice to Customer when the work is complete. Payment of said invoice shall be due and payable immediately upon completion of the work. All invoices not paid when due are subject to a finance charge, computed at a periodic rate of 1.5% per month (annual percentage rate of 18%).
4. DISPUTES AND CHARGEBACKS
Customer agrees to contact Mechanic directly to resolve any problem prior to requesting a refund or chargeback from any financial institution. If Mechanic is unable to recover funds related to a chargeback for which Customer is liable, Customer agrees to pay the full amount immediately upon demand, including all costs and expenses, attorney fees, and other legal costs incurred by Mechanic in collection efforts.
5. REPAIR PROCESS
Customer agrees to pay for repairs specified by Mechanic's analysis of damage, expected repair cost, and repair plan ("Damage Analysis"). If Customer cancels after repairs or teardown have begun, Customer is obligated to pay for all authorized work performed, diagnostic time, teardown, reassembly, and any parts or labor used up to the time of cancellation.
6. POSSESSION, LIEN, AND REPLEVIN
If the Vehicle is towed to Mechanic's repair facility, Customer agrees that Mechanic shall have a lien on the Vehicle for all amounts owed until paid in full and may charge reasonable storage fees until release. This lien applies even if there is a dispute over the cost of repairs. Customer agrees to pay all costs and attorney fees incurred by Mechanic in any action to recover owed amounts or enforce lien rights.
7. RIGHT TO EXPECTANCY DAMAGES
Customer acknowledges that Mechanic allocates time, personnel, and resources to perform the Vehicle's repairs. If Customer breaches this agreement, Mechanic is entitled to recover the full measure of damages, including expected labor, parts, and other charges, plus interest at the statutory rate from the date of breach.
8. WARRANTY
All parts purchased from Mechanic come with the manufacturer's warranty. Mechanic warrants workmanship of repairs performed on the Vehicle for as long as the manufacturer's warranty remains valid. Mechanic makes NO WARRANTY for work performed using parts supplied by the Customer.
9. BINDING EFFECT
This Agreement shall be binding upon the parties and their successors, transferees, and assigns, including any new or different owner of the Vehicle. Customer agrees to promptly inform Mechanic of any change in ownership or title of the Vehicle.
10. ENTIRE AGREEMENT
This document constitutes the entire agreement between the parties and may only be amended in writing, signed by both parties.
11. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. WAIVER
No waiver by Mechanic of any breach shall be deemed a waiver of any subsequent breach. No waiver is valid unless made in writing and signed by the waiving party.
13. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina. Any legal action shall be brought exclusively in a court of competent jurisdiction located in Iredell County, North Carolina.
END OF TERMS AND CONDITIONS
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