TERMS & CONDITIONS OF REPAIR AND MAINTENANCE SERVICES
Thank you for choosing Caliber Auto Care. This Agreement explains the terms and conditions of Caliber Auto Care’s repair and maintenance services. Please read this Agreement carefully, including Paragraph 2 (“Dispute Settlement and Arbitration”). Contact us if you have any questions.
- Payment Upon Completion and Authority to Endorse Checks. Customer agrees that he/she is fully responsible & liable for timely payment of all charges for labor, parts, material & accessories, sublet repairs, & any other charges incurred under these Terms & Conditions, and payment in full shall be made prior to the release of the vehicle.
- DISPUTE SETTLEMENT AND ARBITRATION. CUSTOMER & CALIBER AUTO CARE ACKNOWLEDGE AND AGREE THAT IN THE EVENT A DISPUTE OR CONTROVERSY ARISES CONCERNING THIS AGREEMENT OR THE SERVICES TO THE VEHICLE OR ANY OTHER DISPUTE BETWEEN YOU AND CALIBER AUTO CARE(EXCEPT FOR DISPUTES PERTAINING TO THE ENFORCEABILITY OR VALIDITY OF THIS DISPUTE SETTLEMENT AND ARBITRATION PROVISION, WHICH SHALL BE RESOLVED IN COURT) CUSTOMER & CALIBER AUTO CARE SHALL FIRST ATTEMPT IN GOOD FAITH TO SETTLE THE DISPUTE BY MEDIATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER OR COMMERCIAL MEDIATION PROCEDURES, AS APPLICABLE. IN THE EVENT THAT THE MATTER IS NOT SETTLED BY MEDIATION AS PROVIDED FOR IN THIS PARAGRAPH, CUSTOMER & CALIBER AUTO CARE AGREE THAT SUCH DISPUTE OR CONTROVERSY SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER OR COMMERCIAL ARBITRATION RULES, AS APPLICABLE. CUSTOMER HEREBY ACKNOWLEDGES THAT A COPY OF SUCH RULES, A GUIDE TO THE APPLICABLE PROCEDURES AND INFORMATION NOTING THE NEAREST AMERICAN ARBITRATION ASSOCIATION LOCATION IS AVAILABLE FOR CUSTOMER’S REVIEW AT www.adr.org/rules. CUSTOMER MAY ALSO CONTACT THE AMERICAN ARBITRATION ASSOCIATION AT 800-778-7879. JUDGMENT ON THE ARBITRATION AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IF EITHER CUSTOMER OR CALIBER AUTO CARE ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY, WHETHER ON BEHALF OF THE GENERAL PUBLIC, OTHER CALIBER AUTO CARE CUSTOMERS OR OTHER PERSONS SIMILARLY SITUATED (EXCEPT, FOR A CLAIM BROUGHT IN CALIFORNIA, FOR A CLAIM SEEKING ONLY PUBLIC INJUNCTIVE RELIEF BUT NO OTHER RELIEF). THIS AGREEMENT TO ARBITRATE PERTAINS TO A TRANSACTION IN INTERSTATE COMMERCE AND IS GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
- Additional Repairs. Customer may authorize Caliber Auto Care to conduct additional repairs that are discovered following closer inspection or disassembly orally, in written form, or via electronic messaging & all such additional repairs shall be listed on the final invoice.
- Sublet Repairs, Repair Location and Authority to Operate Vehicle. Customer acknowledges & authorizes Caliber Auto Care, including its subcontractors & employees, as Caliber Auto Care deems appropriate, to: perform portions of the repairs through use of subcontractor(s) hired by Caliber Auto Care; conduct repairs at another Caliber Auto Care facility; and, operate the vehicle, including use on public streets, for the purposes of including, but not limited to, inspecting, testing, pick-up, delivery, & facilitating repairs.
- Damage or Theft. Customer acknowledges and agrees that Caliber Auto Care is not responsible for & does not accept any liability for the theft, or damage to, the vehicle, or any personal property left in the vehicle, that is not a direct result of Caliber Auto Care’s gross negligence. Customer acknowledges that said property is not insured or protected to the amount of the actual cash value thereof, or otherwise, against loss related to theft, fire or vandalism while the property remains with Caliber Auto Care. Customer further acknowledges that all personal property has been removed from the vehicle, and that Caliber Auto Care, its employees and its subcontractors are not responsible for inspection thereof.
- Storage Fees & Lien Sale. Customer authorizes & acknowledges that if the vehicle is not picked up within three (3) days after Caliber Auto Care has notified the Customer that the repairs are completed, Caliber Auto Care may charge daily storage fees at rates that are ordinary & customary for the area, but not to exceed $35.00 per day. In addition to any and all other available legal & equitable remedies, Caliber Auto Care may, in accordance with applicable state law, begin lien sale proceedings & sell the vehicle by way of a public auction.
- Waiver of Right to Return of Replaced Auto Parts. By entering into this agreement Customer waives any right to the return of auto parts replaced by Caliber Auto Care. If you do not wish to waive your rights to return of replaced parts, please inform the center manager before you sign this document so that we may make appropriate arrangements.
- DISCLAIMERS. OTHER THAN THE LIMITED WARRANTY OFFERED TO QUALIFIED CUSTOMERS, NO EXPRESS WARRANTIES ARE MADE WITH RESPECT TO CALIBER AUTO CARE REPAIRS OR SERVICES AND IN NO EVENT WILL CALIBER AUTO CARE BE LIABLE TO THE CUSTOMER OF THE VEHICLE DESCRIBED IN THIS AGREEMENT, FOR ANY COMMERCIAL DAMAGES, EXPENSES, LOST REVENUES, LOST SAVINGS OR ANY OTHER SPECIAL, INDIRECT INCIDENTAL OR CONSEQUENTIAL LOSSES OF A COMMERCIAL NATURE WHATSOEVER, EVEN IF CALIBER AUTO CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Entire Agreement, Headings, Validity. Customer acknowledges that he/she has not been induced to authorize repairs by any representation or warranty not set forth in this agreement. This is the entire agreement between Caliber Auto Care & Customer and supersedes all existing agreements and all other oral or written communication between them concerning its subject matter. This agreement may only be modified in writing, signed by Caliber Auto Care & Customer, either through manual or digital signatures.