Hudson Autoworks Collision Center Disclaimer

This Service Request Agreement (“Request” or “Agreement” as context may require), including
the data entry page and these terms and conditions, constitute a contract for the work we are
performing for you (“Service Work”) for the vehicle(s) (“Vehicle”) as described by you to our
representative, between Hudson Autoworks Collision Center, LLC identified on the data entry
page hereof (“HAWCC”) and the customer identified on the front side hereof (“Customer”). This
Request is binding upon HAWCC and Customer upon Customer’s execution of the front side
hereof or the commencement of the Service Work or any part thereof.

 

1. General:
(a) ANY AND ALL ADDITIONAL, DIFFERENT OR CONFLICTING TERMS OR
CONDITIONS SET FORTH IN ANY PREVIOUS SERVICE REQUEST OR OTHER
COMMUNICATION FROM CUSTOMER ARE SUPERSEDED AND SHALL NOT BE
EFFECTIVE OR BINDING UNLESS SPECIFICALLY ACCEPTED IN A WRITING SIGNED
BY HUDSON AUTOWORKS COLLISION CENTER.
(b) None of the terms and conditions contained in this Request may be added to, modified,
superseded or otherwise altered except by a written document signed by a corporate officer or
authorized manager of HAWCC and delivered to Customer by HAWCC. All Service Work shall
be made only upon the terms and conditions herein, regardless of any terms and conditions that
may be contained in any purchase order or other form of communication from Customer.

 

2. Customer’s Personal Responsibility
By patronizing our business, interacting with our website, or associating with us in any manner
you accept personal responsibility for the results of your actions. You agree to take full
responsibility for any damage or harm you suffer as a result of the use, or non-use, of the
information available on our website or for damage to your Vehicle you did not ask us to repair
in advance. We are not responsible for any harm to you or your Vehicle unless such damage or
harm was completely and entirely the result of our action or inaction. We are not responsible for
mechanical failures, design flaws, or other harm or loss caused by a manufacturer’s defect or due
to the work of another person. You agree you have investigated the Vehicle and will inform us of
exactly what you wish us to repair. This Request cannot be edited once submitted unless we
agree as described. We are not responsible for any harm, damage or loss you experience if you
decline to use our services and have the Service Work, we would have performed carried out by
someone else.

 

3. No Guarantees
You agree that we are not making any guarantees about the results of the Service Work
performed for the Vehicle other than to perform the work you requested in a professional manner.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results
obtained by others do not guarantee that you or any other person or entity will be able to obtain
similar results.

 

4. Disclaimer Of Warranty:
HAWCC shall perform the Service Work in a reasonable manner, provided, however, HAWCC
makes no warranty or guarantee of a result. Customer shall notify HAWCC of any claim that
HAWCC did not reasonably perform the Service Work within ten (10) days after the discovery of
same and in no event later than thirty (30) days after the performance of the Service Work.
Within a reasonable time after notice from the Customer, HAWCC, at its sole option, shall
correct the Service Work which was not reasonably performed. If HAWCC is unable to correct
such Service Work. HAWCC, at its sole option, may refund to Customer the amount Customer
paid to HAWCC under this HAWCC. These remedies shall be the Customer’s exclusive
remedies for any breach of this Request by HAWCC. How shall not be responsible to correct: (i)
any condition which reasonably could have been prevented or minimized by Customer, (iii) any
condition constituting normal wear and tear; (iv) any condition caused by acts of God; (v) any
condition caused by abuse or misuse; or (vi) any condition not caused by HAWCC’s failure to
reasonably perform the Service Work.
CUSTOMER HEREBY ACKNOWLEDGES THAT HAWCC NOR ANYONE ACTING ON
ITS BEHALF HAS MADE ANY AFFIRMATION OF FACT, REPRESENTATION OR
PROMISE RELATING TO THE SERVICE WORK THAT HAS BECOME A BASIS OF THIS
TRANSACTION OR WHICH CREATES AN EXPRESS WARRANTY. TO THE FULLEST
EXTENT PERMITTED BY LAW, HAWCC DISCLAIMS ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND
WORKMANLIKE SERVICES, INFRINGEMENT, AND THOSE ARISING OUT OF
PERFORMANCE OR DEALING OR USAGE OF TRADE OR ANY OTHER IMPLIED
WARRANTY WITH RESPECT TO THE SERVICE WORK.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, MADE BY HAWCC OR THE
MANUFACTURER OF ANY PARTS OR OTHER GOODS INCORPORATED IN THE
SERVICE WORK, EXCEPT FOR THE MANUFACTURER’S WRITTEN WARRANTY
APPLICABLE TO SUCH PARTS OR GOODS. CUSTOMER HEREBY ACKNOWLEDGES
THAT HAWCC HAS NOT IN ANY MANNER ADOPTED THE MANUFACTURER’S
WARRANTY, AS A WARRANTY OF HAWCC, INCLUDING WITHOUT LIMITATION, BY
PERFORMING WARRANTY WORK UNDER THE MANUFACTURER’S WARRANTY,
AND CUSTOMER ACKNOWLEDGES, REPRESENTS AND WARRANTS THAT IT SHALL
LOOK SOLELY TO THE MANUFACTURER TO PERFORM OR SATISFY ANY
OBLIGATION UNDER THE MANUFACTURER’S WARRANTY.

 

5. Limitation of Liability
HAWCC WILL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST USE, LOST
PROFITS, LOST SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF
HAWCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY
ARE FORESEEABLE OR FOR CLAIMS MADE BY A THIRD PARTY. IN NO EVENT
SHALL HAWCC ‘S TOTAL AGGREGATE LIABILITY TO CUSTOMER OR ANY OTHER
PARTY RELATING TO OR RESULTING FROM THIS REQUEST OR THESE TERMS AND
CONDITIONS EXCEED THE PRICE PAID BY CUSTOMER FOR SUCH SERVICE WORK.
THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT,
TORT, STRICT LIABILITY, EQUITY OR ANY OTHER THEORY AND WHETHER THE
ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION
OR TERM, OR A FUNDAMENTAL BREACH. THESE LIMITATIONS APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW.
Warranty Disclaimers and Limitations Limited Warranty on Services
HAWCC 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. The customer’s sole and exclusive remedy, and HAWCC’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 the Customer’s expense, to one
of HAWCC’s repair facilities. Any claim for repairs to be performed by other than a HAWCC
facility must be approved in writing by HAWCC 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. HAWCC 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, HAWCC EXPRESSLY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED. HAWCC 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.

 

6. Payment
Customer shall pay HAWCC for the Service Work at HAWCC ‘s current standard rates for the
Service Work, which shall be due in cash upon the tender by HAWCC to Customer of the
Vehicle upon which the Service Work is performed. If payment is not made in accordance with
the foregoing terms, in addition to its other legal rights and remedies, HAWCC shall (i) be
entitled to charge Customer, effective from the date payment becomes due, interest at the rate of
one and one-half percent (1.5%) per month or the highest rate allowable by law, whichever is
less, until payment is made to HAWCC by Customer, and (ii) be entitled to withhold delivery of
the Vehicle until payment is made to HAWCC by Customer.

 

7. Security
Customer hereby grants HAWCC a security interest in the Vehicle together with any
replacements, additions or accessories thereto or the proceeds from the sale thereof (the
“Collateral”) to secure the amounts due HAWCC under this Request, any expenses and costs
described in Paragraph 11 of this Request, and all other liabilities, debts and duties of Customer
to HAWCC now existing or hereinafter incurred, including any renewals or extensions thereof
and substitutions therefor. HAWCC hereby appoints Customer or Customer’s attorney-in-fact or
agent under a power of attorney to execute all documents and instruments, to file this Request or
other documents as a financing statement and to take all other actions to perfect the security
interest granted by Customer herein or to preserve and protect the Collateral.

 

8. Indemnity
Customer shall defend, indemnify and hold harmless HAWCC, its agents, representatives and
employees from and against, claims, liabilities, causes of action, costs and expenses, including
but not limited to reasonable attorneys’ fees and experts’ fees arising out of the use, operation and
maintenance of the Vehicle; Customer is responsible, regardless of whether such claims,
liabilities, causes of action, costs and expenses were in part caused by the fault or negligence of
HAWCC or HAWCC’s agents, representatives or employee. The indemnity obligations of the
Customer shall survive payment of this Request by Customer.

 

9. Taxes
Unless otherwise agreed to in a writing signed by Customer and HAWCC, Customer shall be
solely responsible for the payment of all sales, use, consumer and other taxes arising out of this
Request mandated by any applicable federal, state and local laws, codes, ordinances, rules and
regulations, whether currently in effect, scheduled to go in effect, or subsequently enacted,
including but not limited to, any increase in such taxes taking effect after the date of this
Request.

 

10. Failure or Delay of Delivery; Force Majeure
HAWCC shall not be liable for failure to deliver or delay in performance of the Service Work
where such failure to deliver or delay is due, in whole or in part, to any cause other than the gross
negligence of HAWCC. Further, HAWCC will not have any liability for any loss caused by
extreme weather or other act of God, strike or other labor shortage or disturbance, state or
national pandemic, fire, accident, war, terrorist act or civil disturbance, delay of carriers, failure
of normal sources of supply, act of government or any other cause beyond the reasonable control
of HAWCC, including without limitation, any loss or damage to the Vehicle or any articles or
property left in the Vehicle.

 

11. Arbitration
Any controversy or claim arising out of or relating to this Request shall be decided by arbitration
administered by the American Arbitration Association in accordance with its Commercial
Arbitration Rules, subject to the limitations and restrictions set forth in this Paragraph 11. A
demand for arbitration shall be made within a reasonable time after a controversy or claim has
arisen and in no event shall be made after the date when institution of legal or equitable
proceedings based upon such claim or controversy would be barred by the applicable statute of
limitations, subject to the restriction set forth in Paragraph 10. The arbitrator(s) shall have no
authority to award punitive or other damages not measured by the prevailing party’s actual
damages. The parties acknowledge and agree that this Request evidence a transaction involving
interstate commerce. Accordingly, the United States Arbitration Act (Title 9 of the United State
Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration
provisions of this Request. The place of arbitration shall be in the American Arbitration
Association’s office closest to the location of HAWCC designated on this Request. The parties
shall be entitled to discover all documents and information reasonably necessary for a full
understanding of any relevant issue raised in the arbitration. Regardless of any term or provision
herein to the contrary, claims for contribution or indemnity filed by a party in any lawsuit or
action filed or asserted by a third party on account of personal injury or death of any person or
damage to property shall not be subject to the terms and provisions of this Paragraph 11. The
award rendered by the arbitrator(s) shall be final and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction thereof.

 

12. Expenses and Costs
Should HAWCC be required to institute any action, including any arbitration proceeding, to
enforce any of its rights set forth in this Request, then HAWCC shall be entitled to
reimbursement from Customer for all expenses, including but not limited to, reasonable
attorneys’ and experts’ fees, and costs incurred by HAWCC in connection with such action. In the
event Customer institutes any action, including any arbitration proceeding, against HAWCC and
in the further event HAWCC prevails in such action, Customer shall pay HAWCC the amount of
all expenses, including but not limited to reasonable attorneys’ and exerts’ fees, and costs
incurred by HAWCC in connection with such action.

 

13. Miscellaneous
This Request may not be changed, altered, or amended in any way except in writing signed by
HAWCC and Customer. Customer acknowledges and agrees that Customer has had an adequate
opportunity to review and revise this Request and the Request shall not be construed against or in
favor of Customer or HAWCC, no waiver by either party of a breach or default hereunder will be
deemed a waiver by such party of a subsequent breach or default of a like or similar nature. No
waiver of any of these terms and conditions or any of the terms and conditions will be effective
against HAWCC unless in writing signed by a corporate officer or authorized manager of
HAWCC. No course of dealing or performance, usage of trade or failure to enforce any term or
condition will be used to modify this Request. If any of these terms or conditions is
unenforceable, such term or condition will be limited only to the extent necessary to make it
enforceable, and all other terms and conditions will remain in full force and effect. This Request
is deemed to have been entered in to in the state of the location of HAWCC designated on the
front side hereof and will be governed by the laws of the state of the location of HAWCC
designed on the front side hereof, without giving effect to the choice of laws provision thereof.
The remedies expressly provided for in these conditions will be in addition to any other remedies
that HAWCC may have under the Uniform Commercial Code or other applicable law. Customer
may not assign this Request without proper written consent of HAWCC. These terms and
conditions are for the exclusive benefit of HAWCC and Customer and no other person will have
rights hereunder. As used in this Agreement, the terms: (a) “Manufacturer(s)” shall mean the
entity or entities that manufactured the Parts used in the Services; (b) “Part(s)” shall mean the
new and/or used parts, components, accessories or materials used in the Services; and (c)
“Services” means the repair and/or maintenance services performed by HAWCC for Customer,
together with the Parts.

 

14. Rates; Authorization; Additional Repairs.
HAWCC’s charges for labor are not based on actual mechanic’s time but are established by
multiplying HAWCC’s labor rate by industry time allowances or HAWCC ’s own judgment of
the time to be charged. If an estimate is provided, the Customer will not be charged more than
the estimated price approved by Customer. However, if HAWCC discovers that different or
additional repairs are indicated, the Customer will be contacted for authorization to make such
additional repairs. Authorization may be given by Customer orally or in written form, including
email. In the event that 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 a charge will be directly related to the actual amount of mechanic’s time
and/or parts involved in the inspection, repair, or service performed. HAWCC will submit
warranty claims on behalf of Customer for manufacturers for whom it is authorized to perform
warranty service; however, Customer understands and agrees that it is responsible for full
payment for any Services provided that are not covered by warranty. HAWCC is not responsible
for any loss, damage, or other liability caused by, arising from, or related to repair or
maintenance work recommended by HAWCC that is declined by Customer. Customer agrees that
HAWCC employees may operate Customer’s vehicle for purposes of facilitating the repairs,
including but not limited to diagnosing, road testing, and sublet services.

 

15. OEM Parts
Customer acknowledges that estimates for non-warranty repairs may include parts not made by
the original manufacturer. Parts used in the non-warranty repair of Customer’s vehicle by other
than the original manufacturer are required to be at least equal in like kind and quality in terms of
fit, quality and performance to the original manufacturer parts they are replacing.

 

16. Damage; Theft
HAWCC 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 gross negligence of HAWCC. HAWCC 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.

 

17. Payment; Storage Fees
All charges for repairs including labor and materials furnished are due and payable
simultaneously with the delivery of the within described vehicle or prior to delivery upon the
expiration of three (3) days after notice to Customer that the repairs have been completed. If the
vehicle described herein is not picked up within three (3) days after such notice is given,
HAWCC may charge daily storage fees at rates that are ordinary and customary for the area, but
not to exceed $75.00 per day or the maximum rate allowable by applicable law. Such amounts
will not include any additional expenses Customer may also incur for administrative costs, legal
fees, court costs, and other customary costs that HAWCC may incur.

 

18. Mechanic’s Lien; Lien Sale; Collection
In addition to any and all other legal remedies available to HAWCC, Customer authorizes and
acknowledges an express mechanic’s lien in favor of HAWCC on the 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 HAWCC has
notified the Customer that the repairs are completed: (i) HAWCC may, in accordance with
applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or (ii)
HAWCC may refer such account to its attorneys or a collection agency for collection.

 

19. Limitation of Damages
CUSTOMER AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY
CUSTOMER AGAINST HAWCC, 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.

 

20. Fees and Expenses of Actions
In any Action, whether initiated by HAWCC or Customer, where the Customer has a right,
pursuant to statute, common law or otherwise, to recover reasonable attorneys’ fees and costs in
the event it prevails, Customer agrees that HAWCC shall have the same right to recover
reasonable attorneys’ fees and costs incurred in connection with the Action in the event that
HAWCC prevails.

 

21. Waiver; Severability; Entire Agreement
No waiver of any term of this Agreement shall be valid unless it is in writing and signed by
HAWCC’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.

 

22. Reviews and Consent to Appear in Photos
At various places on our website, on our social media, or on a web listing for HAWCC, you may
find testimonials from customers or non-customers of the products and services we offer. The
testimonials are statements made by third parties and not endorsed by the Company unless
otherwise noted. The customer agrees by working with us that these statements do not represent
HAWCC’s official position on any topic addressed. The comments and statements represent only
those of the individuals making them and not HAWCC or any affiliate, subsidiary, agent, or
employee. The customer agrees that HAWCC may respond to any review with its perspective of
how the experience went. The customer specifically recognizes and agrees that the testimonials
are not a guarantee of results that Customer or anyone else will obtain by using any products or
services.
Further, by working with HAWCC, Customer offers a non-exclusive right in perpetuity to
HAWCC to use photos of Customer taken on HAWCC’s business premises on its social media
for business purposes until such time as HAWCC in its sole discretion ceases to use such photos.
Such a right shall not apply to any member of the Customer’s family who is not Customer nor to
any minor child or ward of Customer.

 

23. Dash Cam Recordings & Other Video Recordings Prohibited
Customer agrees that when working on this Request, Customer will disable any “Dash Cam”
devices in Customer’s vehicle during such time as the Request is being fulfilled inside a non-
public area of HAWCC’s facilities. A “Dash Cam” means any device whether built into the
vehicle or not that records video or audio from the interior or exterior of a vehicle. If Customer
records content in a private and non-public area in spite of this restriction, Customer agrees that
Customer will delete the content at Customer’s expense and such content shall not be admissible
in the event of arbitration as described in paragraph 11.
Customer further agrees Customer will not record audio or video on any device Customer owns
or possesses while on HAWCC’s property or within its facilities. Customer will supervise minor
children or anyone else in Customer’s care the same. Should Customer or anyone else to whom
Customer owes a duty of support record content on any device whether owned, borrowed,
leased, held in bailment, stolen or otherwise, such content shall be deleted at Customer’s expense
and shall not be admissible in the event of arbitration as described in paragraph 11.

 

24. Affiliate Links
From time to time, HAWCC may participate in affiliate marketing and may allow affiliate links
to be included on some of its pages. This means that HAWCC may earn a commission if/when
Customer clicks on or makes purchases via affiliate links. As a policy, HAWCC will only
affiliate with products, services, coaches, consultants, and other experts that HAWCC believe
will provide value to our customers. Customer recognizes that it remains Customer’s personal
responsibility to investigate whether any affiliate offers are right for Customer or anyone else in
Customer’s family or sphere of influence. Customer will not rely on any recommendation,
reference, or information provided by HAWCC but will instead conduct its own investigation
and will rely upon its investigation to decide whether to purchase the affiliate product or service.
CONTACT US
Please reach us with any questions or concerns:
Mailing Address: 812 Post St, Greensboro, NC 27405