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These terms and conditions (“Terms”) apply to all services rendered and parts supplied (collectively “Work”) by or through APA TOTAL CAR CARE / APA CUSTOM SHOP its employees, staff, management, or agents (collectively “Company”) on or relating to automobile(s) or parts thereto or thereof (collectively “Automotive Items”) belonging to Company’s customer (“Customer”). Customer’s signature at the bottom of this document indicates Customer’s explicit agreement to be bound by each and every one of these terms and conditions.


Although Company will take all reasonable care in all Work, customer acknowledges that damage may occur to the Automotive Items due to many reasons, including, but in no way limited to: pre-existing defects of the Automotive Items, faulty parts or services supplied by a third-party, damage from another customer’s Automotive Items, or damage occasioned by the nature of the work performed. Customer agrees that Company shall in no way be liable for any such damage not arising from Company’s sole negligence and that any Work is performed strictly subject to Customer’s waiver in favor of Company of any/all rights to claims for damages arising therefrom. For the avoidance of doubt the foregoing shall apply to any damage or defect to Automotive Items arising from any part or service not part of the contracted for Work.


Company will provide Work with the degree of skill and workmanship that could reasonably be expected from an entity or person conducting the same business. Should Customer allege any of the Work provided to be defective in any manner, Customer shall give Company at least seven (7) days to inspect the same, upon which inspection Company shall either accept or deny the allegation. In the instance Company accepts the allegation, Company shall have the first opportunity to remedy the alleged defective Work. Whenever it is necessary or preferable that a third party provide some portion of the services and/or parts, Company shall be entitled to arrange the involvement of such third party on behalf of the Customer. If Company arranges the participation or involvement of such third party with the knowledge and consent of Customer, Company shall not be liable for the services and/or parts of such third party, nor for any damages arising therefrom. Company shall not be liable for any loss or damage arising due to any pre-existing latent defect in Customer’s Automotive Items.


Unless the parties hereto agree that no additional Work (“Additional Work”) will be provided without the Customer’s express consent, Company shall be entitled to render such Additional Work as may reasonably be required for completion. Customer hereby agrees to pay the reasonable costs, including profit of the Company, arising from such Additional Work performed by the Company. Company’s rendering of such Additional Work shall not, unless expressly agreed by Company and Customer to the contrary, constitute a new agreement. Such Additional Work shall be subject to these Terms.


Either party has the right to cancel the Work at any time, it being understood that Customer will be liable to Company for all costs incurred and profits due to Company up to the time of cancellation (collectively “Cancellation Cost”) provided that, if Work is cancelled by Company, Company shall leave the Automotive Items in a condition in which Customer can reasonably engage another party to complete the Work.


All prices given by Company to Customer shall constitute an estimate and not a quotation, unless otherwise expressly agreed in writing signed by Company. All Customers are entitled to receive an estimate for the work they seek to have performed and a Customer choosing not to receive such an estimate does so at its own risk and agrees to pay Company the reasonable costs for all Work, with such costs to include Company’s expected profit from such Work. Any estimates are given subject to the Customer’s acceptance that costs may fluctuate in accordance with the actual costs of the Work.


Customer is liable for payment within 5 days of completion of Work or at the time Customer seeks to take possession of the Automotive Items, whichever occurs first. If Work is cancelled by either Company or Customer, Customer is liable for payment to Company within 5 days of cancellation. Company is entitled but not required to require a deposit prior to commencing any Work, with such a deposit amount to be at Company’s discretion. Company shall notify Customer of any deposit required prior to commencing any Work.


In the event that Customer either fails to timely pay for any portion of Work or fails to timely collect its Automotive Items, Company shall have the right to store the Automotive Items at an offsite location of its choosing. Company shall have no liability whatsoever for any damage to the Automotive Items during the transportation to the offsite location or during storage of the Automotive Items at the offsite location.


Possession of Customer’s Automotive Items is taken by Company strictly subject to these Terms. Company does not assume or accept any risk until Customer’s Automotive Items is delivered to Company’s regular business premises and any collection or delivery of Customer’s Automotive Items at any place other than such premises is done entirely at Customer’s risk. Customer authorizes Company to transport its Automotive Items from one place to another as may reasonably be required or necessary, including for purposes of testing, diagnostics, tuning, storage, or for transfer from one party to another for further completion of work to be performed. Any transportation of Customer’s Automotive Items is undertaken strictly subject to it being done at the Customer’s risk and under waiver of any/all claims and damages arising therefrom, except if Company’s actions giving rise to damage is deemed by a court of law to be negligent. Although all reasonable care will be taken with Customer’s Automotive Items, Company shall not be liable for any loss or damages to Customer Automotive Items due to any cause whatsoever, excluding Company’s negligence. Possession of Customer’s Automotive Items will only be returned to Customer upon full payment to Company for all Work. Allowing Customer to inspect or test the Automotive Items does not constitute the Company giving possession back to Customer.


Customer shall be notified upon completion and will collect its Automotive Items as soon as possible, but in any case, no later than 7 days after being notified of completion of the Work. Company shall be entitled to a daily storage fee of $25 for uncollected Automotive Items after expiration of said 7 days. Completed vehicles must be picked up within 3 days or a $50/day storage fee will be implied. Vehicles that incur delays in the repair process as a result of warranty delays, insurance company delays, or a customer asking for progress to halt, will be subject to a minimum daily fee of $250/day as a dead bay fee. Customer acknowledges that its Automotive Items will at all times be subject to a garage proprietor’s lien in Company’s favor, pursuant to Arizona Revised Statute §33-1022, which shall only be extinguished upon full payment of Work, which shall include costs for third-party work, Additional Work, or any other reasonable additional costs incurred by Company on behalf of Customer. Company shall be entitled to all attorney fees/costs incurred in collecting unpaid balances. All amounts which are not timely paid shall be subject to interest at the

APA Terms & Conditions rate of eighteen percent (18%) per annum until paid in full, unless such rate violates usury statutes, in which case interest shall be at the maximum rate allowed by law.


Any claims, opinions, or statements made by Company relating to the performance of the Automotive Items as a result of the Work are purely speculative and may not be relied upon by Customer.


Customer shall be liable to Company for any damage to Company personnel or Automotive Items, as well as to any third parties or the Automotive Items of third parties, arising in any way from Customer’s Automotive Items or Customer’s actions.


These Terms shall be construed in accordance with the laws of Arizona. Any action or proceeding with respect to this Agreement shall be brought in a court of competent jurisdiction located in Maricopa County, Arizona. This Agreement represents the entire understanding of the parties hereto with respect to these Terms. Parties agree that each term and condition of this Agreement shall, to the maximum extent that such term or condition is unclear, be interpreted by a court in the manner most favorable to the Company. Additionally, Parties agree that each term and condition of this Agreement shall, to the extent that an interpretation would cause such term or condition to be unenforceable, be interpreted in a manner that is enforceable. Finally, any term or condition of this Agreement that is deemed to be unenforceable shall not impact the validity of the remainder of the Agreement.

52 Point Inspections Available At APA Total Car Care Located in Queen Creek and Gilbert Arizona


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