Vantage Diesel

Terms and Conditions of Maintenance and Repair Service

1. Parties to this Agreement; Definition

As used in this Agreement, the terms: (a) "Vantage Diesel" shall mean the Vantage Diesel repair facility 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 by Vantage Diesel for Customer, together with the Parts.

2. Warranty Disclaimers and Limitations

LIMITED WARRANTY ON SERVICES: Vantage Diesel warrants 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 exlusive remedy, and Vantage Diesel‘s entire liability under the Services Warranty, is the repair of any nonconforming portion of the Services. The Services Warranty is valid only if the vehicle is returned, at Customer‘s expense, to the Vantage Diesel repair facility that performed the Services. Any claim for repairs to be performed by other than a Vantage Diesel facility must be approved in writing by Vantage Diesel prior to commencement of any work. The Services Warranty extends only to the Customer to whom the Services were provided and not any subsequent purchaser. VANTAGE DIESEL 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 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, VANTAGE DIESEL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. Vantage Diesel neither assumes nor authorizes any person to assume for it any liability in connection with the services or any parts provided to custoemr in conjunction with the services.

3. Rates; Authorization; Additional Repairs

Vantage Diesel‘s charges for labor are not based on actual mechanic‘s time, but are established by multiplying Vantage Diesel‘s labor rate by industry standard time allowances or Vantage Diesel‘s own judgement 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 Vantage Diesel discovers that different or additional repairs are indicated, Customer will be contacted for authorization to make such additional repairs. 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. Vantage Diesel 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 warranty. Vantage Diesel is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by Vantage Diesel that is declined by Customer. Customer agrees that Vantage Diesel employees may operate Customer‘s vehicle for purpose of facilitating the repairs, including but not limited to diagnosing, road testing, and sublet services.

4. Payment Refunds

Customer acknowledges that any labor for maintenance and/or repair services rendered or performed by Vantage Diesel are non-refundable. Part(s) and material(s) used in accordance with any vehicle maintenance or repair services are subject to the return and refund policies of the part(s) or material(s) vendor or supplier. Customer agrees that if any part(s) or material(s) are returnable and refundable, that funds or payments made to Vantage Diesel will be returned after the credits have been issued to Vantage Diesel from the supplier or vendor.

5. 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.

6. Sublet Repairs

Customer acknowledges that portions of the repairs may be provided by a subcontractor hired by Vantage Diesel and Customer hereby authorizes all sublet repairs that Vantage Diesel, in its sole discretion, may deem necessary.

7. Damage; Theft

Vantage Diesel 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 Vantage Diesel. Vantage Diesel 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.

8. Payment; Storage Fees

All charges for repairs including labor and materials furnished are due and payable simultaneously with the delivery of the within described vehicle or prior to delivery upon the expiration of three (3) days notice to Customer that the repairs have been completed. If the vehicle described herein is not picked up within three (3) days after such notice is given, Vantage Diesel may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $50.00 per day or the maximum rate allowable by applicable law.

9. Mechanic‘s Lien; Lien Sale; Collection

In addition to any and all other legal remedies available to Vantage Diesel, Customer authorizes and acknowledges an express mechanic‘s lien in favor of Vantage Diesel 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 Vantage Diesel has notified the Customer that the repairs are completed: (i) Vantage Diesel may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or (ii) Vantage Diesel may refer such account to its attorneys or a collection agency for collection.

10. 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 Vantage Diesel 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 Vantage Diesel is located. Customer has one (1) year from the accrual of any cause of action arising from the purchase of the Services to commence an Action against Vantage Diesel.

11. LIMITATION OF DAMAGES

CUSTOMER AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY CUSTOMER AGAINST VANTAGE DIESEL, 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.

12. Fees and Expenses of Actions

In any Action, whether initiated by Vantage Diesel or Customer, where the Customer has a right, pursuant to statute, common law or otherwise, to reconver reasonable attorneys‘ fees and costs in the event it prevails, Customer agrees that Vantage Diesel shall have the same right to recover reasonable attorneys‘ fees and costs incurred in connection with the Action in the event that Vantage Diesel prevails.

13. Waiver; Severability; Entire Agreement

No waiver of any term of this Agreement shall be valid unless it is in writing and signed by Vantage Diesel‘s 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.

14. Communication Consent; Use of Customer Data

Vantage Diesel may use information Customer provides Vantage Diesel, including but not limited to email addresses, cell phone numbers, and landline numbers ("Customer Data") to contact Customer for purposes related to this account, including debt collection, and for marketing and sales purposes. In addition, Customer Data and vehicle maintenance service and repair information arising from or created as a result of maintenance and repair services provided by Vantage Diesel to Customer, including vehicle owner information, vehicle identification numbers and vehicle specifications ("Vehicle Repair Data"), may be provided to vehicle/component manufacturer(s) and the vehicle/component manufcaturer(s) dealers, and their respective service management platform providers ("Maintenance Third Parties") and used by Vantage Diesel and such Maintenance Third Parties to support and enhance the vehicle repair services provided to Vantage Diesel and the Maintenance Third Parties customers.
Rev. 08062024
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