Repair/Supplement Authorization and Total Loss Agreement

TERMS AND CONDITIONS OF REPAIRS

1. Limited Power of Attorney.
Customer hereby appoints ALL Pro Autobody and its authorized employees, as his/her attorney in fact to act in Customer's place for the purpose of endorsing on Customer's behalf, all insurance checks made payable to ALL Pro Autobody and/or Customer regarding authorized repairs to the vehicle described in this agreement.

2. Additional Repairs.
If upon closer inspection, it is found that additional repairs are necessary, Customer will be contacted for authorization to make such additional repairs. Authorization may be given by customer orally or in written form. Such additional repairs shall be listed on the final invoice.

3. Sublet Repairs.
Customer acknowledges that portions of the repair may be provided by a subcontractor hired by ALL Pro Autobody and Customer hereby authorizes all sublet repairs that ALL Pro Autobody (in its sole discretion) may deem necessary.

4. Authorization to Operate Vehicle.
Customer hereby authorizes, its employees and ALL Pro Autobody its subcontractors to operate vehicle, including use on public streets for the purpose of including, but not limited to: inspecting, testing, sublet services, pick-up and delivery, and facilitating repairs.

5. Damage or Theft.
ALL Pro Autobody does not accept any responsibility or liability for the theft of or damage to the vehicle, or any personal property left in the vehicle, that is not a direct result of ALL Pro Autobody’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 ALL Pro Autobody. Customer further acknowledges that all personal property has been removed from vehicle and that ALL Pro Autobody, its employees and its subcontractor are not responsible for inspection thereof.

6. Payment of Charges.
Customer agrees that he/she will be jointly and severally responsible and liable for payment of all charges including but not limited to Tow Bill, Tear Down ($500), Admin Fee ($250 – Dealing with customer, insurance, inspection of the car etc.), labor, parts, material and accessories, sublet repairs to the vehicle, and any other charges incurred under these Terms and Conditions, and payment in full shall be made prior to the release of the vehicle.

7. Storage Fees.
If the vehicle is not picked up within 72 hours after ALL Pro Autobody has notified the customer that the repairs are completed, ALL Pro Autobody may charge daily storage fees at rates that are ordinary and customary for the area, but do not exceed $200.00 per day. Storage fees also apply from the day the vehicle arrived at ALL Pro Autobody facility, if it is determined that the insurance is not going to cover the repair charges. No vehicle will be released to the customer, if the full payment including repair estimate, customer responsibility (deductible, betterment etc.) is not paid during delivery and storage charges, if applicable.

8. Lien Sale.
In addition to any and all other legal and equitable remedies available to ALL Pro Autobody, Customer authorizes and acknowledges that if payment in full is not received within 10 days after ALL Pro Autobody has notified the Customer that the repairs are completed, ALL Pro Autobody may, in accordance with applicable state law, begin lien sale proceeding and sell the vehicle by way of a public auction.

9. Dispute Settlement.
CUSTOMER ACKNOWLEDGES AND AGREES THAT IN THE EVENT A DISPUTE OR CONTROVERSY ARISES CONCERNING THIS AGREEMENT OR THE REPAIRS TO THE VEHICLE, CUSTOMER AND ALL PRO AUTO BODY & PAINT FIRST ATTEMPT IN GOOD FAITH TO SETTLE THE DISPUTE BY MEDIATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL MEDIATION PROCEDURES. IN THE EVENT THAT THE MATTER IS NOT SETTLED BY MEDIATION AS PROVIDED, CUSTOMER AGREES THAT SUCH DISPUTE OR CONTROVERSY SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE ARBITRATION AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTWITHSTANDING THE FOREGOING, ALL PRO AUTO BODY & PAINT MAY EXERCISE ITS RIGHTS UNDER SECTION 8 ABOVE WITHOUT FIRST MEDIATION OR ARBITRATING.

10. Limited Warranty.
Subject to the obligations and exclusions below, ALL Pro Autobody warrants the repairs against defects in materials and workmanship for the applicable period of time set forth in Section 10.1. During such time, ALL Pro Autobody will repair or replace any parts which prove to be defective by reason of improper workmanship or materials without charge for parts or labor related hereto, subject to the terms and conditions herein, including, but not limited to Section 10.3 below. All parts replaced under this limited warranty shall become the property of ALL Pro Autobody facility.

10.1 Warranty Period, Non-Transferability and Non-Assignability.
Except as otherwise provided herein, ALL Pro Autobody warrants the repairs and paint only to Customers, and for only as long as the Customer owns the vehicle. Customer may not expressly or implicitly transfer or assign any rights granted by this limited warranty.

10.2 Defects in Manufacturer’s Parts, Material or Accessories.
This limited warranty applies to defects in any parts, materials or accessories used in the repairs which are produced by ALL Pro Autobody from any third-party manufacturer and/or supplier only to the extent that such manufacturer’s or supplier’s warranties, if any, apply to ALL Pro Autobody Center with respect thereto.

10.3 Limitations and Exclusions.
This limited warranty does not apply to repairs necessitated by any cause beyond the reasonable control of ALL Pro Autobody including any defects, damage or malfunctions caused by or resulting from unauthorized service parts, improper or inadequate vehicle maintenance, use for which any parts or accessories were not designed or approved, alterations, accidents, modification of repairs, subsequent repairs performed by a party other than ALL Pro Autobody (except as set forth in Section 10 above), abuse, misuse, neglect, or acts of God.

10.4 Environmental Damage.
This limited warranty does not apply to chemicals, tree sap, road salt, sand, rocks, pebbles, hair, windstorms, sun, pollution, or other environmental factors that may damage cloth, leather, plastic, wood, vinyl, paint, chrome, upholstery and/or convertible tops.

10.5 Disclaimers.
THE FOREGOING IS THE COMPLETE LIMITED WARRANTY FOR ALL PRO AUTOBODY & PAINT REPAIRS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO SMS COACHCRAFT LLC REPAIRS, AND ALL PRO AUTOBODY & PAINT EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DURATION OF ANY WARRANTIES WHICH MAY BE IMPLIED AND CANNOT BE DISCLAIMED BY LAW IS LIMITED TO THE TERMS OF THIS LIMITED WARRANTY. IN NO EVENT WILL ALL PRO AUTOBODY & PAINT BE LIABLE TO CUSTOMER OR ANY OTHER USER OR PASSENGER OF THE VEHICLE DESCRIBED IN THIS AGREEMENT, FOR ANY DAMAGES, EXPENSES, LOST REVENUES, LOST SAVINGS OR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER, EVEN IF SMS COACHCRAFT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR DO NOT ALLOW EXCLUSION OR LIMITATION OF ACCIDENTAL OR CONSEQUENTIAL DAMAGES. CONSEQUENTLY, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL CUSTOMERS. TO THE EXTENT THAT ANY PART OF THIS LIMITED WARRANTY IS IN CONFLICT WITH APPLICABLE LAW, ALL PRO AUTOBODY & PAINT WILL FOLLOW APPLICABLE LAW.

11. Tear Down.
Customer acknowledges and authorizes the performance of a tear down needed to access any hidden damages and prepare a written estimate. Customer understands that the vehicle will be reassembled within 3 business days and is responsible to pay a Tear-Down fee of $500.00 that includes: the tear down, replacement of broken rivets, and reassembly, shall the customer choose not to continue with repairs (other fees may apply such as storage).
Note: Some acts of tear down may prevent the restoration of components to their former condition.

12. Total Loss.
In the event of any motor vehicle that may be considered a total loss by the Insurance Company, fees may apply as follows: storage charge - $200.00 per day, administration fee - $250.00 one-time fee. In some cases, a TOW BILL, a TEAR DOWN fee and other fees may apply and will be specified in the STORAGE CHARGES AND TOW document.

13. 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 them concerning its subject matter. If any provision herein shall be held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions in no way be affected or impaired. This agreement may only be modified in writing, signed by ALL Pro Autobody and Customer.