The terms and conditions set forth here comprise additional terms of service made and executed between The Trailer Shop, LLC and Customer and have been reviewed and accepted by Customer and Parties to this Agreement: 

 

1. Definitions. As used in this Agreement, the terms: (a) “The Trailer Shop” shall mean The Trailer Shop, LLC; (b) “Customer” shall mean the Customer identified in the Service Authorization, estimate, work order, online request or other ordering document; (c) “Manufacturer(s)” shall mean the entity or entities that manufactured the Parts used in the Services; (d) “Part(s)” shall mean the new and/or used parts, components, accessories or materials used in the Services; and (e) “Services” means the repair and/or maintenance services performed by The Trailer Shop for Customer, together with the Parts.

2. WARRANTY DISCLAIMERS AND LIMITATIONS LIMITED WARRANTY ON SERVICES: The Trailer Shop warrants that the Services will be performed in a good and workmanlike manner (“Services Warranty”). The Services Warranty is valid for a period of 90 days from the date the Services are performed. Customer’s sole and exclusive remedy, and The Trailer Shop’s entire liability under the Services Warranty, is the repair of any nonconforming portion of the Services. The Services Warranty is valid only if the vehicle is returned, at Customer’s expense, to one of The Trailer Shop’s repair facilities. Any claim for repairs to be performed by other than a The Trailer Shop facility must be approved in writing by The Trailer Shop prior to commencement of any work. The Services Warranty extends only to the Customer for whom the Services were provided and not any subsequent purchaser.

   • THE TRAILER SHOP PROVIDES NO OTHER WARRANTIES CONCERNING ITS SERVICES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.PARTS – MANUFACTURER WARRANTIES ONLY: Any warranties on any Parts are limited only to those written warranties provided by the applicable Part’s manufacturer. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PARTS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.

   • NO OTHER WARRANTIES: EXCEPT AS SET FORTH ABOVE, THE TRAILER SHOP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. The Trailer Shop neither assumes nor authorizes any other person to assume for it any liability in connection with the services or any parts provided to customer in conjunction with the services.

3. Rates; Authorization; Additional Repairs. The Trailer Shop’s charges for labor are not based on actual mechanic’s time but are established by multiplying The Trailer Shop’s labor rate by industry time allowances or The Trailer Shop’s own judgment of the time to be charged. If an estimate is provided, Customer will not be charged more than the estimated price approved by Customer. However, if The Trailer Shop discovers that different or additional repairs are indicated, Customer will be contacted for authorization to make such additional repairs. Authorization may be given by Customer orally or in written form, including email or text message. If Customer authorizes commencement but does not authorize completion of a repair or service, a charge will be imposed for disassembly, reassembly, or partially completed work. Such charge will be directly related to the actual amount of mechanic’s time and/or parts involved in the inspection, repair, or service performed. The Trailer Shop is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by The Trailer Shop that is declined by Customer. Customer agrees that The Trailer Shop employees may operate Customer’s vehicle for purposes of facilitating the repairs, including but not limited to diagnosing, road testing, and sublet services.

4. Sublet Repairs. Customer acknowledges that portions of the repairs may be provided by a subcontractor hired by The Trailer Shop and Customer hereby authorizes all sublet repairs that The Trailer Shop, in its sole discretion, may deem necessary.

5. Damage; Theft. The Trailer Shop is not responsible for loss of or damage to the vehicle due to or arising from fire, weather, theft or any other cause except the sole negligence of The Trailer Shop. The Trailer Shop is not responsible for any loss or damage to articles of personal property that have been left in the vehicle or for loss or damage to bodies, trailers or special equipment, including any cargo, materials or supplies carried on or in such bodies, trailers or special equipment, whatever the cause.

6. Payment; Storage Fees. All charges for repairs including labor and materials furnished are due and payable simultaneously with the delivery of the within described trailer or vehicle or prior to delivery upon the expiration of three (3) days after notice to Customer that the repairs have been completed. If the trailer or vehicle described herein is not picked up within three (3) days after such notice is given, The Trailer Shop may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $50.00 per day or the maximum rate allowable by applicable law.

7. Mechanic’s Lien; Lien Sale; Collection. In addition to any and all other legal remedies available to The Trailer Shop, Customer authorizes and acknowledges an express mechanic’s lien in favor of The Trailer Shop on the trailer or vehicle described herein for all charges for repairs, including labor and parts, storage and/or towing. Customer authorizes and acknowledges that if payment in full is not received within ten (10) days after The Trailer Shop has notified the Customer that the repairs are completed: (i) The Trailer Shop may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or (ii) The Trailer Shop may refer such account to its attorneys or a collection agency for collection.

8. Governing Law; Venue; Time to Commence Action. Except to the extent that the laws of the United States may apply or otherwise control this Agreement, the rights and obligations of the parties hereunder shall be governed by, and construed and interpreted in accordance with the laws of the state of Arkansas, without regard to conflict of law principles. The mandatory venue for any claim, litigation, civil action, or any other legal or administrative proceeding (“Action”) involving any controversy or claim between or among the parties to this Agreement, is Faulkner County, Arkansas. Customer has one (1) year from the accrual of any cause of action arising from the purchase of the Services to commence an Action against The Trailer Shop.

9. LIMITATION OF DAMAGES. CUSTOMER AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY CUSTOMER AGAINST THE TRAILER SHOP, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN THE UNIFORM COMMERCIAL CODE, INCLUDING, BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE DAMAGES.

10. Waiver; Severability; Entire Agreement. No waiver of any term of this Agreement shall be valid unless it is in writing and signed by The Trailer Shop’s authorized representative. If any provision or part of any provision of this Agreement shall be deemed to violate any applicable law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining part of that provision and the remainder of the Agreement shall continue to be binding and enforceable. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.

11. Communication Consent; Use of Customer Data. The Trailer Shop may use information Customer provides The Trailer Shop, including but not limited to email addresses, cell phone numbers, and landline numbers (“Customer Data”) to contact Customer for purposes related to this account, including debt collection, and for marketing and sales purposes.