TERMS AND CONDITIONS
Introduction
In this Service Agreement “Agreement”, “you” and “your” refer to each “customer.” Including each (agent) you designate to act on your behalf. “1st Out Apparatus Detail & Repair, LLC” herein shall refer to 1st Out Apparatus Detail & Repair, LLC, its members, managers, and employees. This agreement explains our obligations to you, and your obligations to us in relation to the service(s) you purchase. If you designate a person to act on our behalf, you agree that this person is your agent with full authority to act on your behalf with respect to such services and your vehicle. 1st Out Apparatus Detail & Repair, LLC will not accept a job without a written agreement. Please refer to the accompanying service order or specific information regarding the day and time of your requested service(job) specific to your vehicle. By using our service, you agree to the terms of this agreement, without modification to you.
FEES, TERMS OF SERVICE, AND PAYMENT
The fee for our service is the agreed dollar amount, indicted as “Total Cost” on the service order. The term of service is for the amount of time reserved by us to complete the “job” you requested and not for any specific outcome. The amount of time reserved is an estimate since the condition of each vehicle varies. It is possible that the job could be less or more time than the time reserved. If you have extra/special requests, please let us know at the time the service is scheduled.
Any alterations or changes after the initial service order has been issued with be at an extra charge. Any alterations or charges to the initial service order must be approved in writing between you and 1st Out Apparatus Detail & Repair, LLC before any extra work begins. Any changes to fees and/or time, be it verbal or in writing, will not affect the substance of this agreement and all the terms herein will still apply with the new rate and/or time. A 50% deposit is required at the time you book your appointment and hold that time for you. The balance is due in full on completion. We accept cash, checks and major credit cards (Visa, MasterCard, Discover,). For accounting purposes, please write cashiers checks payable to 1st Out Apparatus Detail & Repair, LLC. Please do not leave any payments in the vehicle. A fee of $30 will be charged for non-sufficient funds check returned by the bank to us. In the event an account requires legal or collection action, you agree to pay all cost of the collection without limitations for reasonable attorney fees, interest on the past due amount, court costs, and all collection costs.
Past Due or open invoices
Customer understands that all payments are to be made prior to the release of vehicle to the owner. Any invoices that go unpaid over 15 days will receive a late fee penalty, after the first 15 days past due with an email sent out to inform you of the past due amount. Late fee penalties are $250 every 15 days the invoice goes unpaid beyond the completion date until paid in full.
CANCELLATIONS AND REFUNDS
Service by 1st Out Apparatus Detail & Repair, LLC is by scheduled appointment only. As a result, it is required to put down a Credit Card to reserve a specific time. The time reserved for cancelled services can be difficult to fill within 24 hours of the scheduled service.
Accordingly, cancellations within 24 hours before the scheduled service are subject to a $50 non-refundable cancellation fee.
VEHICLE STORAGE FEES
We have limited space at 1st Out Apparatus Detail & Repair, LLC, as such, your vehicle will be subject to a $75 per day storage fee, before and after the service is provided. You agree to this storage fee.
DAMAGE OR LOSS, INSURANCE
i. The Owner shall be responsible for ensuring that appropriate motor vehicle insurance coverage, including physical damage coverage, is inforce and effect for the term of this Contract and shall provide proof of such coverage. If the Owner does not maintain appropriate motor vehicle insurance coverage for the Vehicle for the duration of the term of this Contract, 1st Out Apparatus Detail & Repair, LLC will in no event be liable to the Owner for damage to the Vehicle.
ii. 1st Out Apparatus Detail & Repair, LLC shall not be liable for consequential, indirect, special, incidental or punitive damages under any circumstances.
iii. 1st Out Apparatus Detail & Repair, LLC will not be liable for loss or damage occasioned by gradual deterioration of the Vehicle due to exposure to the elements, nor for loss or damage caused directly or indirectly by terrorist acts, invasion, insurrection, riot, civil war, or by military or usurped power or by order of any government or governmental authority or any other circumstance beyond 1st Out Apparatus Detail & Repair, LLC control.
iv. 1st Out Apparatus Detail & Repair, LLC shall not be responsible for the loss of or damage to the Vehicle, or injury to persons occurring in or about the Vehicle, by reason of use or operation of the Vehicle by the Owner or other persons not employed by 1st Out Apparatus Detail & Repair, LLC, or by reason of the acts, omissions or negligence of the Owner or other persons in and about the Vehicle.
DETERMINING THE COST OF YOUR SERVICE
1st Out Apparatus Detail & Repair, LLC must conduct a consultation with you and see the vehicle before we can provide you the total cost and estimate the time AND before we accept a job. We reserve the right to adjust any over-the-phone cost or time estimate after we have visually inspected your vehicle. A written estimate is good for 5 days. An estimate is not binding beyond 5 days of the date of the estimate OR if the vehicle condition changes between the time the vehicle was inspected and scheduled appointment.
QUALITY OF SERVICE
We want you to be satisfied with our service. We truly take great pride in customer service and our workmanship, however we are not perfect. No service offered are guaranteed to completely restore the vehicle to any previous or new condition. We will try our absolute best to restore the vehicle to the best condition possible and with in the constraints of our resources, time, and expertise. If, after the final inspection, you find our service unsatisfactory, please contact us within 24 hours so we can address your concern. 1st Out Apparatus Detail & Repair, LLC will not be held liable for any concerns after 24 hours of job completion or if you did not complete the final inspection with us.
PRE-EXISTING CONDITION AND DAMAGE
“I HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS “1st Out Apparatus Detail & Repair, LLC”, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS I AND ANY ATTENDING FAMILY OR CHILD UNDER MY GUARDIANSHIP, MAY HAVE ARISING OUT OF PARTICIPATION IN THE VOLUNTEER ACTIVITIES, REGARDLESS OF WHETHER SUCH LIABILITY MAY ARISE SOLELY OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF “1st Out Apparatus Detail & Repair, LLC” AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AND AGENTS, INCLUDING STRICT LIABILITY. “You agree to hold 1st Out Apparatus Detail & Repair, LLC harmless for any damage or claims whatsoever to the vehicle, regardless of whether such damage or claims arise solely out of negligence or recklessness on the part of 1st Out Apparatus Detail & Repair, LLC while in in our care.”
PREPARING YOUR VEHICLE
Prior to our arrival, please removal all items from the vehicle. Please empty any compartments. Please removal all cash, jewelry and other valuables. If for any reason you do not want a particular area of your vehicle to be cleaned or detailed, please let us know before we begin a job. We will package any personal items we find while servicing your vehicle into plastic bags and remove them from the vehicle. We will return the items to your vehicle once were finished. You agree to not hold us responsible for damage or loss to any item left inside or outside the vehicle. “You agree to hold 1st Out Apparatus Detail & Repair, LLC harmless for any lost or stolen property from the vehicle while in in our care.”