Service Policies at Hudson Autoworks

Service Center Disclaimers & Service Notes

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 Service Center, LLC identified on the data entry page here of (“HAWSC”) and the customer identified on the front side hereof (“Customer”). This Request is binding upon HAWSC 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OR CONFLICTING TERMS OR CONDITIONS SET FORTH IN ANY PREVIOUS SERVICE REQUEST OR OTHER COMMUNICATION FROM CUSTOMER ARE SUPERSEDED AND SHALL NOT BE EFFECTIVE OR BINDING UNLESS SPECIFICALLY ACCEPTED IN A WRITING SIGNED BY HUDSON AUTOWORKS COLLISION CENTER. (b) None of the terms and conditions contained in this Request may be added to, modified, superseded or otherwise altered except by a written document signed by a corporate officer or authorized manager of HAWSC and delivered to Customer by HAWSC. 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: HAWSC shall perform the Service Work in a reasonable manner, provided, however, HAWSC makes no warranty or guarantee of a result. Customer shall notify HAWSC of any claim that HAWSC 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, HAWSC, at its sole option, shall correct the Service Work which was not reasonably performed. If HAWSC is unable to correct such Service Work. HAWSC, as its sole option, may refund to the Customer the amount Customer paid to HAWSC under this HAWSC. These remedies shall be the Customer’s exclusive remedies for any breach of this Request by HAWSC. 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 HAWSC’S failure to reasonably perform the Service Work. CUSTOMER HEREBY ACKNOWLEDGES THAT HAWSC NOR ANYONE ACTING ON ITS BEHALF HAS MADE ANY AFFIRMATION OF FACT, REPRESENTATION OR PROMISE RELATING TO SERVICE WORK THAT HAS BECOME A BASIS OF THIS TRANSACTION OR WHICH CREATES AN EXPRESS WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, HAWSC 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 HAWSC 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 HAWSC HAS NOT IN ANY MANNER ADOPTED THE MANUFACTURER’S WARRANTY, AS A WARRANTY OF HAWSC, 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 HAWSC 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 HAWSC 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 HAWSC ‘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 HAWSC 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 HAWSC’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 HAWSC’S repair facilities. Any claim for repairs to be performed by other than a HAWSC facility must be approved in writing by HAWSC 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. HAWSC 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, HAWSC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. HAWSC neither assumes nor authorizes any other person to assume for it any liability in connection with the services or any parts provided to the customer in conjunction with the services.

6. Payment Customer shall pay HAWSC for the Service Work at HAWSC ‘s current standard rates for the Service Work, which shall be due in cash upon the tender by HAWSC 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, HAWSC 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 HAWSC by Customer, and (ii) be entitled to withhold delivery of the Vehicle until payment is made to HAWSC by Customer.

7. Security Customer hereby grants HAWSC 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 HAWSC under this Request, any expenses and costs described in Paragraph 11 of this Request, and all other liabilities, debts and duties of Customer to HAWSC now existing or hereinafter incurred, including any renewals or extensions thereof and substitutions therefor. HAWSC hereby appoints Customer or Customer’s attorney-in-fact or agent under a power of attorney to execute any and 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 HAWSC, 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 HAWSC or HAWSC’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 HAWSC, 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 HAWSC 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 HAWSC. Further, HAWSC 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 HAWSC, 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 HAWSCdesignated 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 HAWSC be required to institute any action, including any arbitration proceeding, to enforce any of its rights set forth in this Request, then HAWSC shall be entitled to reimbursement from Customer for all expenses, including but not limited to, reasonable attorneys’ and experts’ fees, and costs incurred by HAWSC in connection with such action. In the event Customer institutes any action, including any arbitration proceeding, against HAWSC and in the further event HAWSC prevails in such action, Customer shall pay HAWSC the amount of all expenses, including but not limited to reasonable attorneys’ and exerts’ fees, and costs incurred by HAWSC in connection with such action.

13. Miscellaneous This Request may not be changed, altered, or amended in any way except in writing signed by HAWSC 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 HAWSC, 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 HAWSC unless in writing signed by a corporate officer or authorized manager of HAWSC. 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 HAWSC designated on the front side hereof and will be governed by the laws of the state of the location of HAWSC 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 HAWSC may have under the Uniform Commercial Code or other applicable law. Customer may not assign this Request without proper written consent of HAWSC. These terms and conditions are for the exclusive benefit of HAWSC 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 HAWSC for Customer, together with the Parts.

14. Rates; Authorization; Additional Repairs. HAWSC’S charges for labor are not based on actual mechanic’s time but are established by multiplying HAWSC’S labor rate by industry time allowances or HAWSC ’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 HAWSC discovers that different or additional repairs are indicated, Customer will be contacted for authorization to make such additional repairs. Authorization may be given by the 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. HAWSC 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. HAWSC is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by HAWSC that is declined by Customer. Customer agrees that HAWSC 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 HAWSC 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 HAWSC. HAWSC 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, HAWSC 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 HAWSC may incur.

18. Mechanic’s Lien; Lien Sale; Collection In addition to any and all other legal remedies available to HAWSC, Customer authorizes and acknowledges an express mechanic’s lien in favor of HAWSC 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 HAWSC has notified the Customer that the repairs are completed: (i) HAWSC may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or (ii) HAWSC 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 HAWSC, 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 HAWSC 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 HAWSC shall have the same right to recover reasonable attorneys’ fees and costs incurred in connection with the Action in the event that HAWSC 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 HAWSC’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 HAWSC, 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 HAWSC’S official position on any topic addressed. The comments and statements represent only those of the individuals making them and not HAWSC or any affiliate, subsidiary, agent, or employee. Customer agrees that HAWSC 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 HAWSC, Customer offers a non-exclusive right in perpetuity to HAWSC to use photos of Customer taken on HAWSC’S business premises on its social media for business purposes until such time as HAWSC in its sole discretion ceases to use such photos. Such right shall not apply to any member of 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 HAWSC’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 despite 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 HAWSC’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, HAWSC may participate in affiliate marketing and may allow affiliate links to be included on some of its pages. This means that HAWSC may earn a commission if/when Customer clicks on or makes purchases via affiliate links. As a policy, HAWSC will only affiliate with products, services, coaches, consultants, and other experts that HAWSC 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. The customer will not rely on any recommendation, reference, or information provided by HAWSC 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