Agreement
The Company and the Customer are collectively referred to as the "Parties" and
individually as "Party".
WHEREAS the Customer wants to avail the Auto glass Repair Services from the
Company.
AND WHEREAS the Company is willing to provide the aforementioned services to the
Customer.
NOW, THEREFORE, in consideration of the foregoing covenants and promises both
the Parties have agreed to enter into this Contract with the following terms and
conditions:
1. Authorization
By signing this document, the Customer attests that they are legally entitled to approve
repairs for the vehicle(s) mentioned above, whether through legitimate ownership,
leasing rights, or written permission from the vehicle's owner. Customer gives
Company the go-ahead to conduct the actions required to carry out the repairs
specified in this contract.
2. Description and Cost of Repairs
The Estimate that is appended to this Authorization as Exhibit A details the total cost
of the labor, materials, and components needed to repair the Customer's Vehicle (the
"Repair") based on an examination of the Vehicle completed as of the date of this
Authorization and Agreement to Repair. Payment for the Repair may be collected
before or after the job, at the discretion of the Company.
Company needs a pre-authorized card to check the whole cost, which is only charged
when the service(s) have been provided. To guarantee prompt and complete
reimbursement, the Customer's payment details are verified.
3. Installation/Repair Process
The time it takes to complete the installation/repair process may vary depending on
the glue used, and may take anywhere between 30 minutes to 6 hours. The Company's
repair procedure generally follows the following three stages:
a. Vehicle Analysis: Technicians inspect the car during this phase and provide a
report outlining all required fixes. This report covers projected repair expenses
as well as any damage or unfinished maintenance that has to be done. The repair
description and cost itemization in this contract were created using the report
that was supplied to the Customer.
b. Additional Damage: Work on the vehicle shall stop and a written notice of the
necessary repairs will be issued to the Customer in the event that Company
specialists find the need for repairs that are not specified in this contract.
Outside than those specified in this agreement, the Company will not make
repairs without first receiving written consent from the Customer.
c. Insurance Estimate: Company shall prepare an insurance estimate for
submission to the insurer in the event that the Customer files an insurance claim
for the repairs done. This estimate is meant for the insurer's internal use only, to
verify the insurance claim and set aside money for payment when the repair work
is complete.
4. Communication with insurers
The Customer understands that the Company has no official affiliation with or duty to
any insurance. Customer is the only party to whom the Company is obligated, and
doing repairs in a secure, fast, and thorough manner comes first. Customer
understands that Company is not required to interact with insurers or their
representatives, including by accepting cost estimates from insurers or granting
access to shop facilities to their agents for any purpose.
5. Non-Payment Penalty
The above-mentioned vehicle shall not be released by Company until Customer has
paid in full for all services authorized in writing and rendered by Company. The
Company maintains the right to sell the vehicle to recoup the costs incurred while
carrying out authorized auto repair services in the event that they are not paid for
within 30 days of completion.
6. Customer Warranty
Customer guarantees and affirms to Company that Customer is the rightful owner or
lessee of the Vehicle and that Customer has the authority to contract with Company
and have the necessary repairs made.
7. Personal Property
The Customer is responsible for removing all personal goods from the vehicle.
Personal items that were inside the vehicle at the time of repair are not covered by the
Company. Every type of vehicle accessory, including roof racks, light racks and bars,
and other automotive glass components, is not covered by the project. Any damage
or adjustments must be paid for by the Customer alone. The Company is not
responsible for removing such accessories. For components classified as Personal
Property, the Company disclaims any duty.
8. General Warranty
Company maintains the right to provide various discounts to various insurance
companies and customer accounts. If molding, gasket, clips, and weather strips are
necessary for installation, there will be an extra charge. We are not liable for any lost
or damaged items left inside the car, or for any decals left on the windshield. Do not
leave valuables. Vehicles parked outside the building prior to the commencement of
work are not within the Company's control. On cars left more than 7 days after
completion notice, there will be a minimum daily storage charge of $20. An expressed
mechanic's lien is accepted to recover the amount owed, including storage costs and
other expenditures paid for the removal of automobiles left on-site.
AII costs are cash-ondelivery unless previous written credit permission is obtained.
Items that are returned or canceled are subject to a 20% handling fee. Company will
attempt to vacuum obvious surplus glass from your car as a favor to our clients.
Nevertheless, the Company is not liable for the removal of ALL glass and further
vehicle cleanup. Please be aware that there may be unseen glass particles. Please
take steps to prevent harm.
9. Warranty Exclusions
This warranty does not cover damage to glass caused by vandalism, theft, accident or
negligence, acts of Nature and/or rock chip/s, or any other damage that is not the
result of defective workmanship or materials. In no circumstances shall Company be
liable for incidental or consequential loss.
This guarantee does not cover leaks, stress cracks, or associated pre-existing damage
in connection with installations on cars with rust or damage to the pinch weld.
Company is not liable for damage to aftermarket components that may be placed on
your vehicle. Company shall make every attempt, within reason, to notify you of any
such damage or corrosion before the glass is removed. Occasionally, rust is not visible
following initial examination; the Company will notify you promptly if this occurs.
Damaged side windows, back windows, and vent glass may allow small glass
fragments or debris to fall and lodge in the regulator, trunk, engine, or door latching
mechanism. This can occur at the moment of breaking, while driving after breakage,
during removal and installation, and while driving after successful installation. The
Company is not liable for these repercussions. A professional in door, trunk, or hatch
latches may be required at the customer's expense. If repairs or replacements are
performed by another repair facility without notifying and receiving prior consent from
Company, the warranty is NULL and VOID.
Our Limited Warranty excludes used glass, customer-supplied glass, and labor-only
jobs. We only use retention tape recognized by the industry and are not liable for any
paint peeling. The removal of the windshield requires working in the vicinity of the cowl
and dashboard. According to the age and condition of your vehicle and/or the amount
of heat and sun damage to specific areas, the removal of your windshield may result
in the cracking/breaking of your dashboard or cowl. Such pre-existing damage is not
usually obvious before the windshield is removed. If this harm happens, Company is
not liable for it.
10. Lifetime Warranty
All of our automotive glass is assured against material and workmanship faults for as
long as you own the car in which it was fitted. All such faults must be brought to the
attention of the Company as soon as they are discovered. According to the invoice,
truck sliding rear glass is guaranteed against faults in material and workmanship for one year from the date of installation. The original receipt must be supplied when
making a warranty claim. In the event that your vehicle sustains damage during
installation, the Company maintains the right to select its preferred repair facility to
estimate and conduct repairs if at fault. You must call our customer service line at
__________________ or the store where the original work was conducted to exercise your
rights under this warranty. On warranty repairs, mobile service is not accessible.
11. Post Installation Instructions
After installation, please do not wash your automobile for seven (7) days and keep the
windows opened to alleviate air pressure. In some cases, vehicles with ADAS
(Advanced Driver Assistance System) may need to be recalibrated by the dealer.
However, we do not offer this service at our Company locations at this time.
Recalibration is an important safety feature, and we highly recommend that the
Customer have it done at a dealership or other qualified facility at their own cost. It is
important to note that we cannot take responsibility for any issues that may arise due
to a failure to have the ADAS recalibrated properly. Additionally, some cars with
antipinch features may require a reset by the dealer, for which the Customer is
completely liable.
12. Binding Agreement
All parties, as well as any successors or assigns, including new owners of the car being
repaired, shall be bound by this agreement.
13. Additional Services
Company will not execute any services other than those listed in this vehicle repair contract without the Customer's prior written consent.
14. Assignment.
Customer may not assign, delegate, pledge, license, sublicense, transfer, or transmit
any of its rights, duties, or liabilities under this Agreement. Company shall have the
right to assign, delegate, pledge, transfer, or convey this Agreement or any of its rights,
duties, or liabilities hereunder without any previous action.
15. Waiver
The failure of either party to insist upon performance of any provision of this
Agreement shall not be construed as a waiver with respect to any breach or
relinquishment of future compliance therewith; nor shall a waiver by either party of any
breach at one time of any provision operate as a waiver of any other provision or as a
continuing waiver of such provision.
16. Written Changes
This Agreement cannot be revised, modified, changed, or amended, or waived, in whole
or in part, without the prior written consent of both parties.
17. Governing Law And Jurisdiction
This Agreement shall be governed and interpreted strictly by the laws of the State of
Kentucky, without respect to its conflict of law rules. The competent courts of
Kentucky shall have exclusive jurisdiction over any issues arising out of or relating to
this Agreement, to the exclusion of all other jurisdictions. The Parties consent to the
personal jurisdiction of the courts of Kentucky to resolve any disputes and actions
resulting from this Agreement. The Parties agree to accept process service by certified
mail or overnight courier with proof of delivery by such courier. Refusal of certified
mail serves as valid service.
18. Severability
If any provision of this Agreement is held by a court of law to be unenforceable under
applicable law, then such provision shall be excluded from this Agreement and the
remainder of this Agreement shall be interpreted as if such provision were so excluded
and shall be enforceable in accordance with its terms; provided, however, that in such
event this Agreement shall be interpreted so as to give effect, to the greatest extent
consistent with and permitted by applicable law, to the intent of the unenforceable
provision to the greatest extent possible.
19. Counterparts/Signatures
This Agreement may be completed in any number of counterparts, each of which shall
be considered an original and enforceable against the parties actually executing such
counterpart, and collectively shall comprise one and the same contract. Electronic,
PDF, and facsimile signatures shall comprise and be considered original signatures.
20. Attorney Fees.
In the case of a disagreement resulting from this Agreement, the successful party will
be awarded attorney and paralegal fees and expenses at both the trial and appeal
levels. In addition, if Company hires counsel to compel compliance with this
Agreement because of an obvious breach of any provision of this Agreement,
Customer shall be responsible for attorney fees spent by Company, regardless of
whether a lawsuit is filed.
21. Binding Effect.
This Agreement binds the parties, as well as their respective heirs, successors, and
assigns.
22. Entire Agreement
Each party acknowledges having read and comprehended this agreement's terms and
conditions. This agreement contains the complete agreement between the parties
about its subject matter and replaces all prior conversations and agreements
pertaining to its subject matter.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
