1. I authorize Highlands Auto Body and its employees to repair the vehicle including the purchase and installation of all necessary parts and materials, labor and subcontract services.
2. I understand that any repair estimate is based on a preliminary inspection and does not cover additional parts or labor that may be required to complete the repair.
3. I authorize Highlands Auto Body and its employees to drive the vehicle for purposes including diagnosis, testing and/or inspection. I further authorize Highlands Auto Body to drive or transport the vehicle via a third-party tow truck (at Highlands Auto Body cost and expense) to other locations operated by "Highlands Auto Body" to complete the repair process.
4. I agree to remove all valuables and personal property from the vehicle. I understand that Highlands Auto Body will NOT be held responsible for loss or theft of any personal property left in the vehicles such as iPods, iPads, cameras, sunglasses, credit cards, cash, CD's, golf clubs and all other valuables or personal property.
5. I understand that I have 24 hours from Highlands Auto Body first notification to pick up the completed vehicle. Highlands Auto Body will impose a daily storage fee of $70 if the vehicle is not picked up within 72 hours of completion.
6. I understand that Highlands Auto Body will NOT be responsible for any vehicle rental expenses (including insurance costs) incurred during the repair process.
7. I authorize my insurance company to pay Highlands Auto Body directly for all repairs including any supplemental payments. I hereby appoint Highlands Auto Body as a true and lawful attorney in fact to endorse, on my behalf, any insurance check received as payment for repairs performed on the vehicle.
8. Highlands Auto Body will accept payment as follows: Insurance Checks (best method), Debit Cards, Credit Cards (Visa, Mastercard, Discover and AMEX) and money order. A transaction fee will be added to all credit card payments which will be based on the total amount paid. I am responsible for paying, what in full for the repairs except to the extent any insurance payment has been made. I understand that the vehicle will not be released to me until full payment has been made.
9. After 30 days from the completion of the repair (or such longer period as may be required under applicable state law) I understand that the vehicle may be deemed abandoned if I fail to retrieve the vehicle for any reason, including failing to make payment in full. In such an event, Highlands Auto Body may, in its sole discretion, impound the vehicle with a third party or seek to declare the vehicle abandoned for purposes of offer-sale. Any proceeds from such a re-sale shall first go to pay costs then to the balance owed to Highlands Auto Body.
10. I understand that an express mechanic's lien is hereby acknowledged to secure payment. Should legal action be necessary to enforce collection, I will be responsible for all legal expenses.
11. I understand that Highlands Auto Body is not responsible for any damage to the vehicle resulting from any act of nature including, without limitation, damage caused by hail, wind, fire, or flood.
12. I understand and agree that Highlands Auto Body may provide my contact information to a third-party organization who may contact me for the sole purpose of conducting a customer satisfaction survey.
13. LIMITED WARRANTY Subject to the specified exclusions and exceptions, Highlands Auto Body provides a limited warranty for the work performed under this Repair Authorization. This limited warranty includes all repairs, paint, and workmanship on sheet metal, frame, unitized chassis components, and mechanical items, but specifically excludes electric systems. This limited warranty is subject to any manufacturer's warranty covering parts and materials. This limited warranty is non-transferable and valid for as long as I own the vehicle. During the limited warranty period, Highlands Auto Body will repair or replace any defects caused by Highlands Auto Body or its agents. All warranty repairs must be performed at Highlands Auto Body facilities; any repairs or alterations to the vehicle performed at a non- Highlands Auto Body facility in any manner whatsoever shall automatically void this limited warranty. This limited warranty shall not apply to repairs necessitated by any cause beyond the reasonable control of Highlands Auto Body, including any defects, damage, or malfunctions caused by or resulting from unauthorized service or parts, improper or inadequate vehicle maintenance, alterations, accidents, modification or repairs, subsequent repairs performed by a party other than Highlands Auto Body, abuse, misuse, neglect, acts of God, or environmental damage.THE WARRANTIES AS SET FORTH IN THIS SERVICE CONTRACT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. LIMITATION OF LIABILITY In no event shall Highlands Auto Body be liable for consequential, special, or indirect damages of any nature, and Highlands Auto Body maximum liability shall be no greater than the amount actually paid to, and received by, Highlands Auto Body for the services performed on the vehicle.
15. MANDATORY ARBITRATION. I agree that all claims and disputes relating to this Repair Authorization (including the arbitrability of any issue), shall be exclusively, solely, and finally settled by confidential arbitration in the state in which the repair was performed, in accordance with the Federal Arbitration Act (9 U.S.C. § 1 et. seq.), and the then-existing rules of the American Arbitration Association ("AAA"). There shall be a single arbitrator. The filing costs shall be the sole responsibility of the party filing arbitration. If the parties cannot agree on the single arbitrator, then each party shall select one individual to choose an arbitrator and those individuals shall agree on the arbitrator within 10 days. The arbitrator shall have the right to award or include in any award the specific performance of these terms and,/or costs and expenses of the arbitration (including reasonable attorneys' fees) in accordance with what he or she deems just and equitable under the circumstances. The arbitrator's decision may be reduced to a judgment in any competent jurisdiction.
16. CLASS ACTION WAIVER. THE PARTIES WAIVE THE RIGHTTO ASSERT ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS REPAIR AUTHORIZATION AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS ACTION OR COLLECTIVE ACTION. THE PARTIES EXPRESSLY INTEND FOR ARBITRATION AS PROVIDED ABOVE TO BE THE SOLE AND EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS REPAIR AUTHORIZATION. THE PARTIES STIALL SUBMIT ONLY THEIR OWN. INDIVIDUAL CLAIMS IN ARBITRATION AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER INDIVIDUALS, AND NO CLAIMS WILL BE JOINED, CONSOLIDATED, OR HEARD TOGETHER WITH THE CLAIMS OF ANY OTHER INDIVIDUALS.
17. ENTIRE AGREEMENT. The terms contained in this Repair Authorization constitute the entire agreement between you and Highlands Auto Body. This Repair Authorization shall supersede all prior oral and written discussions, agreements, and understandings of the parties with respect to the subject matter of this Repair Authorization. No modification, amendment, supplement to or waiver of this Repair Authorization or its terms and conditions shall be binding upon either party unless made in writing and signed by both you and an authorized manager of Highlands Auto Body.