Virginia 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. I have read and understand the provisions on this and the following provisions of these Terms and Conditions, and expressly agree to all provisions, including but not limited to (1) Damages Limitation, (2) Mandatory Mediation, (3) Arbitration Agreement and Jury Trial Waiver and (4) Attorney’s Fees.

WRITTEN STATEMENT: Prior to the commencement of any repair work on the vehicle, you may request a written statement of (i) the estimated cost of labor necessary to complete the work, (ii) the estimated cost of parts necessary to complete work, (iii) a description of the problem or work as described or authorized by you, and (iv) the estimated completion time.  

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 one (1) working day 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 17% of the total cost of labor and parts, not to exceed $69.00, 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 Virginia requires a $.50 fee to be collected for each new tire sold in the state [s.58.1-641].

LABOR AND PARTS: Labor charges are based on both a flat rate and an hourly rate unless otherwise indicated. All parts installed are new unless otherwise indicated. Dealership offers to return parts which are removed/replaced; provided that any part which is required to be returned to a manufacturer or distributor under a warranty agreement, trade-in agreement, or core charge agreement for a reconditioned part need not be returned. If you wish the return of these parts, you agree to pay Dealership the additional core charge or other trade-in fee. You retain the right to inspect requested returned parts even if custody is refused.  If you do not inform the Dealership at the time the repair work is authorized that you want to save or inspect the replaced parts, you authorize the Dealership to 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.

AUTHORIZATION DESIGNATION: I hereby designate any immediate family member or any other individual designated by me in writing to authorize additional repair work.

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. 

STATUTE OF LIMITATIONS PERIOD: I agree and understand that any and all actions for damages, whether based in contract, tort or otherwise, whether for personal injury, property damage or otherwise, and whether brought by or on behalf of me, must be commenced within one year of the accrual of the cause of action, or shall be barred pursuant to this agreement. This contractual limitation period applies to all claims, whether arising in contract, tort, or otherwise, except that it does not shorten or waive any limitations that cannot lawfully be waived or shortened by private agreement under applicable federal, state, or local law. The Parties agree that this is a reasonable time to bring claims. This provision shall not apply to lengthen the statute of limitations for any causes of action that have a proscribed statute of limitations of less than one year. 

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. All repairs to the vehicle performed by the Dealership, including future repairs, shall be subject to the same terms and conditions herein until the parties enter into a different signed 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 15 items, and the parties being permitted at minimum 30 days to respond to any requests. The parties agree that there shall be no initial disclosures required. 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.

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.

(VA)042826NMAW(REPAIRORDER-040826)