Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING AND USING OUR SERVICES.
These Terms and Conditions (“Terms and Conditions”) create a contract between the undersigned (the “Customer”) and Vehicle Viceroy, LLC, a Texas limited liability company doing business as Vehicle Viceroy (the “Company” “we” or “us”, Customer and Company may be referred to collectively as the “Parties”). The Customer’s use of services offered by the Company (as more fully described below), or any of its subsidiaries, is predicated upon the Customer’s acceptance of these Terms and Conditions. If the Customer chooses to accept these Terms and Conditions, they must do so as written, without modification.
BY SIGNING BELOW, CUSTOMER ACCEPTS THE TERMS AND CONDITIONS DESCRIBED IN THESE TERMS AND CONDITIONS. CUSTOMER WARRANTS AND REPRESENTS THAT THEY ARE AT LEAST 18 YEARS OF AGE AND THAT THEY HAVE THE LEGAL AUTHORITY TO ENTER INTO THESE TERMS AND CONDITIONS.
1. Services and Parts. The Company provides automotive service, repair, and concierge services (each, a “Service” or collectively, the “Services”). In conjunction with the Services, the Company may also offer for purchase and fitment certain automotive parts, devices, and components (collective referred to herein as “Parts”). These Terms and Conditions apply to all Services rendered and Parts supplied by or through the Company. Unless the Parties agreed that no additional Services will be rendered or Parts provided without the Customer's express consent, the Company shall be entitled to render such additional Services and provide such additional Parts as may reasonably be required, the reasonable costs whereof the Customer shall pay. The rendering of additional Services and provision of additional Parts shall not, unless expressly agreed to the contrary, constitute a new agreement and shall be subject to these Terms and Conditions.
2. Technical Advice and Diagnostics. The Company shall provide each Customer with technical advice in connection with any Services rendered or Parts provided (the “Advice”). In the event that the Customer elects not to accept the Advice and requests Services or Parts that are inconsistent or incomplete in light of the Advice, the Services are performed and Parts provided by the Company shall be at the Customer’s sole and absolute risk. In such an event, the Customer expressly waives any/all rights to claim damages from the Company, including consequential damages and pure economic loss and further indemnifies the Company against any loss or damage suffered by the Customer and/or any third party. If the Customer elects not to receive an estimate for the costs of diagnostics, including disassembly and/or re-assembly of the Customer’s property, the Customer assumes the risk for the reasonable costs associated therewith. If the Customer elects not to proceed with any work for whatsoever reason after diagnostics have been performed, including not accepting the Company's estimate, the Customer will accept and remove its property without warranty and under liability for the reasonable re-assembly costs.
3. Paintwork. Where new paintwork is required and the metal work is found to be rusted, every reasonable precaution will be taken to prevent puncturing or damaging the rusted area, but the Company makes no warranties, express, implied, statutory or otherwise, with respect to the paintwork or damage resulting therefrom. If partial paintwork only is required, every endeavor will be made to match the existing color schemes, but the Company does not guarantee a perfect color match.
4. Assumption of Risk. The Customer acknowledges that damage may occur to its property due to many reasons, including pre-existing defects or damage occasioned by virtue of the nature of the diagnostics or repair process. The Customer agrees that such diagnostics or repairs are performed strictly subject to the Customer's waiver in favor of the Company of any/all rights to claim damages arising therefrom. The Customer accepts that disassembly may cause damage to other Parts and/or components not being disassembled and may render such inoperable.
5. Performance. The Company shall render the Services and provide the Parts as soon as is practicable and within a reasonable time. Any approximation of the time required to render the Services and/or provide the Parts and/or any dates given for completion constitute estimates only and shall not be binding on the Company. Failure by the Company to complete the Services and Parts on or before any given date will not entitle the Customer to cancel Services unless a reasonable time, not less than 14 days after the latest prospective completion date given by Company, has been exceeded and then subject to the Customer’s paying the Company for the costs of Services and Parts provided up to date of cancellation. The Company shall not be liable for any damages and/or consequential damages and/or economic loss due to late completion and/or cancellation due to failure to complete at any given time.
6. Third Party Services. Whenever it is necessary or preferable that a third party provide the Services and/or Parts or any part thereof, the Company will be entitled to arrange the involvement of such third party on behalf of the Customer. If the Company arranges the participation of such third party, with or without the knowledge and consent of the Customer, the Company shall not be liable for the Services and/or Parts of such third party or any damages arising therefrom.
7. Pricing. All prices given by the Company to the Customer shall constitute an estimate and not a quotation. All Customers are entitled to receive estimates from the Company and a Customer choosing not to receive an estimate does so at its own risk and agrees to pay the Company the reasonable costs for the Services and/or Parts. Should any dispute exist as to what would constitute the reasonable costs under the circumstances, the Customer will pay such costs pending resolution of the dispute and will not be relieved from accumulating storage costs pending resolution of such dispute. Estimates are given subject to the Customer's acceptance that costs may fluctuate in accordance with the actual costs of Parts provided and Services rendered. For our most current pricing models and labor rates, please view Schedule A hereto.
8. Right to Cancel. The Customer has the right to cancel the rendering of Services and/or provision of Parts at any time, it being understood that the Customer will be liable to the Company for all costs incurred up to the time of cancellation.
9. Payment. The Customer is liable for payment upon completion of requested Services and/or provision of Parts, upon cancellation of the same, if the Customer elects to cancel prior to completion. The Company may require a deposit, prior to rendering the Services and/or providing the Parts, in an amount at its sole discretion. The Company's willingness to accept payment in any form other than cash, constitutes an indulgence for the benefit of the Customer, which may be revoked at any time. Financing options can also be found at https://www.vehicleviceroy.com. The Company assumes no responsibility for delays in credit or debit card processing or any other form of payment, and additional fees for credit card payment may apply. Accounts not paid within 7 days of completion are subject to a late fee of 10% per annum. Customer warrants and represent that its use of any credit, debit, or other permitted form of payment is authorized by the holder of such form of payment.
10. Possession. Subject to the provisions of the Consumer Rights Act 2015 and any amendment thereof, vehicles, including components, fittings and contents are left with the Company entirely at the Customer's risk. The Company shall in no circumstances be liable for loss or damage thereto or for delay in completing service or repairs unless the same is caused by the gross negligence or intentional misconduct of the Company, its employees or agents. Possession of the Customer's property is taken by the Company strictly subject to the provisions of these Terms and Conditions. The Company does not assume or accept any risk until the Customer's property is delivered to the Company's regular business premises and any collection and/or delivery of the Customer's property at any place other than such premises is done entirely at the Customer's risk. The Customer authorizes the Company to transport its property from one place to another as may reasonably be required or necessary, including for purposes of testing, diagnostics or transfer to and/or from any third party. Any transportation of the Customer's property is undertaken strictly subject to it being done at the Customer's risk and under waiver of any/all claims arising therefrom, except if the Company is grossly negligent. Although all reasonable care will be taken with the Customer's property in the Company's possession, the Company shall not be liable for any loss or damages suffered by the Customer due to theft, fire or any other cause. Possession will only be returned to the Customer upon full payment being received by the Company and allowing the Customer to inspect or test the property does not constitute giving possession.
11. Collection, Storage and Liens. The Customer will be notified upon completion of the Services and/or provision of the Parts and will collect its property as soon as possible. If, following the completion of Services the Customer's vehicle(s) is left at the Company's premises or the premises of the Company's agent, then the Company reserves the right to make a reasonable daily charge for the storage of the vehicle or vehicles as outlined in Schedule A attached hereto. The Customer further consents to the Company’s filing a mechanic’s lien, in accordance with all applicable laws, on all uncollected vehicles in favor of the Company. Any vehicle or Customer property which is not collected by the Customer and in respect of which payment for repairs carried out has not been made within three calendar months of the Customer having been advised of the completion of the work, may be sold by the Company and the cost of the repairs and any storage charges may be deducted by Company from the net proceeds of the sale of the vehicle. However, before proceeding to sell the vehicle the Company shall first give the Customer seven (7) days written notice of its intention to do so/ Such notice shall be sent by prepaid first class post to the address of the Customer last known to the Company and shall be deemed to have been received by the Customer on the day following the date of posting, or if that shall be a Sunday or a Public Holiday, to be the first working day thereafter. Any sale of the vehicle under this clause shall be by Public Auction and the Company shall, after applying proceeds to the costs of the sale, the repairs and the storage charges, at its absolute discretion, either retain the balance for the benefit of the Customer or forward the same to the Customer at the Customer's last known address.
12. Warranties. The Company does not warrant that any Parts purchased by the Customer will be fit for the purpose for which it is purchased. Should the Customer allege any of the Services rendered or Parts provided to be defective in any manner, the Customer shall give the Company a reasonable opportunity to inspect same. If a third party gives a warranty, such warranty will run concurrently with any warranty given by the Company and any statutory warranty. If the Services to be rendered and/or Parts to be provided are covered by an existing non-Company warranty or other maintenance- and/or service plan, it is the Customer's responsibility to make arrangements for payment of the Company and it will remain liable to the Company until paid in full. Unless expressly agreed to the contrary in writing, no warranty given by the Company shall be valid for a period of longer than three (3) months from date of completion of the Company’s Services. No warranty given by the Company will cover abuse, excessive or abnormal use, use contrary to any manufacturer's specifications or normal wear and tear. The Company's liability arising from any warranty shall be limited to the reasonable costs of fixing or replacing defective Services and/or Parts.
13. Customer Representations and Warranties. The Customer warrants that it is the owner of the property entrusted to the Company or is duly authorized to enter into the agreement with the Company on behalf of the owner. The Customer undertakes to pay the Company as agreed and if acting in a representative capacity, the signatory hereof binds himself/herself as surety and co-principal debtor with his or her principal in favor of the Company.
14. Bankruptcy. If the Customer shall become bankrupt or insolvent or make any agreements with one or more creditors or allow a receiver of its effects to be appointed or, being a body corporate, enter into liquidation, the Company shall have the right to terminate any agreement with the Customer subject to these Terms and Conditions and henceforth cease to have any further obligation under the same. In these circumstances the price for all the Services rendered and Parts supplied shall immediately become payable.
15. Independent Parties. Nothing in these Terms and Conditions shall create an employer-employee, partner, joint venturer or agent relationship between the Customer and the Company.
16. Indemnification. The Customer shall defend, indemnify, and hold harmless the Company and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, consultants, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including attorney fees and court costs) arising out of the Customer’s (a) unauthorized use of the Services, (b) breach of these Terms and Conditions, or (c) otherwise prohibited or illegal activity.
17. Disclaimer of Warranty. THE COMPANY: (A) PROVIDES THE SERVICES ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. THE COMPANY DOES NOT WARRANT THAT ANY OF THE SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18. Limitations of Liability. THE COMPANY SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY’S TOTAL LIABILITY, AND THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM, UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO THE COMPANY IN THE MONTH IN WHICH A CLAIM GIVING RISE TO LIABILITY HEREUNDER OCCURS.
19. Dispute Resolution. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to any applicable conflicts or choice of law provisions. The Customer hereby agrees to waive any right it may have to participate in any class, group, or representative action or proceeding, and further hereby agrees to waive any right it may have to a trial by jury. In the Company’s discretion, the Parties hereto irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts of competent jurisdiction located in Bexar County, Texas, and the Parties hereby waive any objection that venue in such courts is inconvenient. In any action at law or in equity or arbitration to enforce or interpret any provision of these Terms and Conditions, the prevailing party shall be entitled to collect from the non-prevailing party, in addition to any damages and injunctive relief, whether at law or in equity, all reasonable costs, fees, and expenses, including, without limitation, attorney fees, costs, and expenses, expert witness fees, deposition transcript fees, postage, long-distance telephone charges, and travel costs.
20. Privacy Policy. When purchasing Services, the Company may require the Customer to provide its name, email address, mailing address, credit card number and expiration date. This allows the Company to process and fulfill the Customer’s order and to notify the Customer of its order status. This information may also be used by us to notify the Customer of related products and services, but will not be shared or sold to third parties for any purpose. The Customer may be asked to participate in a Customer survey by either the Company, vehicle manufacturer, or third party. If the Customer does not want their information to be used in this way the Customer should notify the Company by writing.
21. Assignment. All the agreements between the Company and the Customer are personal to the Customer. The Customer may not assign his rights or liabilities to any third party by any means. The Company may assign any rights or obligations hereunder, by operation of law or otherwise, without the prior written consent. These Terms and Conditions shall inure to the benefit of, and be binding on, permitted assigns and successors of the Company.
22. Statutory Rights. Where the Customer is acting as a consumer, nothing in this contract is intended to exclude or limit the Customer's statutory rights.
23. Complete Agreement. These Terms and Conditions contains the entire agreement of the Parties and supersedes any and all other agreements, whether oral or in writing, between the Parties concerning the subject matter hereof. Any modification of these Terms and Conditions shall be effective only if in a writing signed by the Parties.
24. Severability. If any provision of these Terms and Conditions is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
25. Integration and Waivers. The failure of the Company to insist upon or enforce or to exercise any right under these Terms and Conditions shall not be construed as a waiver or relinquishment to any extent of the Company’s right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. In the event that any published statements, other agreements, or other official policies of the Company may conflict with any of the terms contained in these Terms and Conditions, the terms of this document shall govern.
Customer:
Signature: ____________________________________Date:_____________________