Florida Service Terms and Conditions

ELECTRONIC SIGNATURE CONFIRMATION: If I sign this document electronically, I agree that my electronic signature is the legal equivalent of my manual/handwritten signature on this document. By signing manually, or using any device, means, or action, I consent to the legally binding terms and conditions of this document. I further agree that my signature on this document is as valid as if I signed the document in writing. I am also confirming that I am authorized to enter into this Agreement. 

PAYMENT TERMS: I agree to pay for the inspection and repairs I authorize, along with the necessary materials, in cash upon completion of the Repairs unless the Dealership agrees to other payment arrangements in advance. An express lien is hereby acknowledged to secure the cost of labor, materials, and any other authorized charges. I understand that a daily storage charge equal to $30.00 per day will be assessed if I fail to pick up the vehicle within 3 working days after being notified that the repairs have been completed. I understand that the vehicle will be returned to me in exchange for payment of the amount due.

SHOP SUPPLY COSTS AND MANDATORY FEES: A charge equal to 14.9% of the total cost of labor and parts, not to exceed $59.60, will be added to the Repair Order. This charge represents costs and profits to the motor vehicle repair facility for miscellaneous shop supplies or waste disposal. The State of Florida requires a $1.00 fee to be collected for each new tire sold in the state [s.403.718], and a $1.50 fee to be collected for each new or remanufactured battery sold in the state [s.403.7185].

LABOR AND PARTS: Labor charges are based on both a flat rate and an hourly rate unless otherwise indicated. Mechanical and electrical repairs costing less than $200 are based on a job rate. All parts installed are new unless otherwise indicated. I may receive any replaced parts or inspect the parts, where possible, if the parts are being returned to the manufacturer or some other person under the terms of a warranty or rebuilding arrangement. I understand that if I do not inform the Dealership that I want to save or inspect the replaced parts, the Dealership will discard or return the parts as necessary.

WARRANTY DISCLAIMER: DEALERSHIP DOES NOT PROVIDE ANY GUARANTEE IN CONNECTION WITH THE PARTS, ACCESSORIES, OR REPAIR WORK OR SERVICES UNLESS OTHERWISE STATED IN A SIGNED WRITING. ALL PARTS AND ACCESSORIES ARE SOLD AND ALL REPAIRS AND SERVICES ARE PERFORMED BY THE DEALERSHIP “AS-IS” AND “WITH ALL FAULTS,” AND THE DEALERSHIP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF PARTS OR ACCESSORIES OR ANY REPAIRS PERFORMED TO THE VEHICLE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THE ONLY WARRANTIES ON PARTS AND ACCESSORIES OR REPAIRS ARE THOSE THAT THE MANUFACTURER OR DISTRIBUTOR MAY OFFER AND ONLY SUCH MANUFACTURER OR DISTRIBUTOR SHALL BE LIABLE FOR PERFORMANCE UNDER SUCH WARRANTIES.

CHARGES FOR DIAGNOSTIC/PARTIALLY COMPLETED WORK: If I authorize the Dealership to perform diagnostic work to estimate the cost of repair or to commence repairs or services, but do not authorize completion of a repair or service, I agree to pay for disassembly, reassembly or partially completed work on the Vehicle. Charges for disassembly or reassembly will include the cost of labor calculated by the number of total hours at the stated hourly labor rate, the other costs described above – including storage charges, and the parts used in connection with any diagnostic work, inspection, repair, disassembly, reassembly, or service to the vehicle. If repairs or completion of repairs is not authorized, the vehicle shall be reassembled to a condition reasonably similar as when received by the Dealership unless customer waives reassembly or the reassembled vehicle would be unsafe. 

TELEPHONE CONSUMER PROTECTION ACT: By providing my wireless phone number to Dealership, I consent to Dealership calling or sending me text messages for any purpose, including marketing. I agree these calls may be about products, goods, or services I previously purchased, or products or services the Dealership or one of its Marketing Partners may market to me for the first time. I understand I may withdraw my consent at any time, but that until such consent is revoked, I may receive text messages from Dealership or one of its Marketing Partners at my wireless number and that cellular message and data rates may apply to any such call.

DAMAGES LIMITATION: The Dealership is not responsible for loss or damage to the vehicle, loss of personal belongings or articles left in the vehicle in case of any act of God, fire, theft, or any other cause beyond Dealership’s control. CUSTOMER SHALL NOT BE ENTITLED TO RECOVER FROM THE DEALERSHIP ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES TO PROPERTY OR LOSS OF USE, TIME, PROFIT, OR INCOME. NOTWITHSTANDING ANYTHING TO THE CONTRARY, DAMAGES SHALL BE LIMITED TO THE AMOUNT CUSTOMER HAS PAID DEALERSHIP UNDER THIS AGREEMENT.

MANDATORY MEDIATION: Before any party institutes or pursues a legal action or claim, the parties must first mediate the dispute before a court certified mediator, which mediation shall be conducted in the county where Dealership is situated. The parties shall jointly select the mediator and equally divide the cost of the mediation. The parties shall use good faith in selecting the mediator and participating in the mediation. The parties may jointly waive this requirement.

ARBITRATION AGREEMENT AND JURY TRIAL WAIVER: Dealership and Customer agree that any controversy, claim, suit,  demand,  counterclaim, cross claim, or third party complaint between Customer and Dealership (including Dealership’s agents, employees, managers, members, officers, directors, subsidiaries, parents, and assigns), arising out of, or relating to this vehicle, the repair of this vehicle or the parties’ relationship (whether statutory or otherwise), including, but not limited to, any matter that may have induced the Customer to enter into a relationship with Dealership (collectively referred to as “Claim”) and/or the validity and enforceability of this arbitration provision, shall be submitted to final and binding arbitration in the county and state where Dealership is situated.

1. The agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §1, et seq. and not by any state rule or statute governing arbitration. This agreement to arbitrate shall survive any termination or completion of the work to be performed on the Customer’s vehicle.
2. The Parties agree that Claims shall be arbitrated by a single arbitrator on an individual basis and not as a class or mass action. The Parties agree that the arbitrator may not consolidate proceeding of more than one person’s claims. CUSTOMER EXPRESSLY WAIVES ANY RIGHT THEY MAY HAVE TO ARBITRATE A CLASS, COLLECTIVE, OR MASS ACTION. The arbitration shall be administered by either: JAMS Arbitration, Mediation, and ADR Services, 600 Brickell Ave., Suite 2600, Miami, FL 33131 (www.jamsadr.com) or any other nationally recognized organization that the parties may choose subject to mutual approval. The Arbitration shall be administered according to the arbitration service’s then current applicable rules and procedures except (1) that the parties expressly waive the applicability of any rule governing class or mass action or (2) as set forth herein. Customer can obtain a copy of the rules of these organizations by contacting the arbitration organization or visiting its website. The Arbitration fees shall be administered according to the arbitration service’s fee schedule and then current applicable rules.
3. The arbitrator shall be an attorney or retired judge and shall be selected pursuant to the applicable rules. Within thirty (30) days of the arbitrator’s appointment, the arbitrator shall establish the procedure as set forth herein for the exchange of information, bearing in mind the expedited nature of arbitration. The arbitrator shall be subject to the ethical rules of the selected arbitration service. The arbitrator shall be guided by and apply the federal rules of evidence and governing substantive law in making an award. The parties agree that discovery will be minimal:  one deposition for each party; each party may propound a single request for admissions, a single set of interrogatories, and single request for production, each request being limited to 10 items, including sub-parts. The parties on written agreement signed by each may agree to additional discovery or the arbitrator on application of a party and hearing on such application may permit limited additional discovery, but at no point will such discovery exceed discovery limitations set by the Federal Rules of Civil Procedure.
4. The arbitrator’s award shall be final and binding on all parties, except that in the event the arbitrator’s award for a party is $0 or against a party in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel consisting of lawyers or retired judges. The appealing party requesting new arbitration shall be responsible for the filing fee and other arbitration costs subject to the arbitration service’s rules and a final determination by the arbitrator of a fair apportionment of costs.
5. Both parties retain any right to self-help remedies, such as repossession as set forth herein. Neither party waives the right to arbitrate by using a self-help remedy or filing suit.
6. This arbitration requirement shall not apply to any action by Dealership for replevin or repossession of the Vehicle (but it does apply to any counter-claim thereto except as otherwise provided in this paragraph).
7.  Any court having jurisdiction may enter judgment on the arbitrator’s award.
8.  To the extent that any part of this provision is ruled illegal or unenforceable by the arbitrator or any other finder of fact or law, such clause shall be deemed severed and the remaining clauses in this provision shall survive. This agreement to arbitrate shall survive and shall apply to all claims arising out of or relating to the Customer’s Vehicle, to any transaction between the Customer and Dealership, or to any claim at law or in equity, which is brought against the Dealership.

THE CUSTOMER UNDERSTANDS AND AGREES: (1) TO RESOLVE ALL DISPUTES WITH DEALER BY BINDING ARBITRATION RATHER THAN THROUGH LITIGATION IN ANY COURT; (2) THAT THE CUSTOMER GIVES UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM AGAINST DEALER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS (INCLUDING COLLECTIVE ACTIONS); AND (3) THAT OTHER RIGHTS THAT CUSTOMER AND DEALER WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION, FOR EXAMPLE, THE AMOUNT OF DISCOVERY. 

REGARDLESS OF THE ENFORCEABILITY OF THIS ARBITRATION PROVISION, CUSTOMER WAIVES ANY AND ALL RIGHT TO A JURY TRIAL ON ANY CLAIM, AND WAIVES THE RIGHT TO BRING A CLASS OR COLLECTIVE ACTION IN COURT.

NOTICE REQUIRED: Section 501.98, Florida Statutes, requires that, at least 30 days before bringing any claim against a motor vehicle dealer for an unfair or deceptive trade practice, a consumer must provide the dealer with a written demand letter stating the name, address, and telephone number of the consumer; the name and address of the dealer; a description of the facts that serve as the basis for the claim; the amount of damages; and copies of any documents in the possession of the consumer which relate to the claim. Such notice must be delivered by the United States Postal Service or by a nationally recognized carrier, return receipt requested, to the address where the subject vehicle was serviced or where the subject transaction occurred, or an address at which the dealer regularly conducts business.

ATTORNEY’S FEES: In the event of a dispute, the parties agree that they will each be responsible for their own attorney’s fees and costs, regardless of who is the prevailing party.

ADDITIONAL TERMS: I understand that the Dealership is not responsible for any delays caused by unavailability of parts or shipping by the supplier or transporter. I hereby grant the Dealership permission to operate the vehicle on streets, highways, or public roadways for the purpose of testing and/or inspecting the vehicle.

REV 01 FL_11_2025