TERMS AND CONDITIONS OF MAINTENANCE AND REPAIR SERVICES

1. Parties to this Agreement; Definitions. As used in this Agreement, the terms: (a) “KMR Services LLC” shall mean the KMR Services LLC repair facility identified in the Service Authorization, estimate, work order, online request, invoice or other ordering document; (b) “Customer” shall mean the Customer identified in the Service Authorization, estimate, work order, online request, invoice 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 KMR Services LLC for Customer, together with the Parts.

2. WARRANTY DISCLAIMERS AND LIMITATIONS
LIMITED WARRANTY ON SERVICES:  KMR Services LLC warrants that the Services will be performed in a good and workmanlike manner. KMR SERVICES LLC 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. To have a valid claim of warranty for a part, the Customer must notify KMR Services LLC of any issue within a reasonable timeframe of suspected failure. Such “reasonable timeframe” may not exceed 30 days. Only KMR Services LLC or other qualified Diesel Mechanic establishment, with prior approval by KMR Services LLC, may confirm or deny part failure that is valid for part warranty claim. If Customer attempts to repair any part without prior authorization, any and all parts warranty claims are void. Labor to diagnose and confirm or deny part(s) failure is not included in any parts warranty claim and must be paid in full by the customer. 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, KMR SERVICES LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. KMR Services LLC 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.  KMR Services LLC’s charges for labor are not based on actual mechanic’s time, but are established by multiplying KMR Services LLC’s labor rate by industry time allowances or KMR Services LLC’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 KMR Services LLC 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.  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 charge will be directly related to the actual amount of mechanic’s time and/or parts involved in the inspection, repair, or service performed. KMR Services LLC is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by KMR Services LLC that is declined by Customer. Customer agrees that KMR Services LLC may operate Customer’s vehicle for purposes of facilitating the repairs, including but not limited to diagnosing, road testing, and sublet services.  

4. OEM Parts.  Customer acknowledges that estimates for non-warranty repairs may include parts not made by the original manufacturer.

5. Sublet Repairs.  Customer acknowledges that portions of the repairs may be provided by a subcontractor hired by KMR Services LLC and Customer hereby authorizes all sublet repairs that KMR Services LLC, in its sole discretion, may deem necessary.

6. Damage; Theft.  KMR Services LLC 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 KMR Services LLC.  KMR Services LLC 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.

7. Payment; Storage Fees.  All charges for repairs including labor and materials furnished are due and payable NET 30 terms, based on date of invoicing. 1.5% fee added past the payment terms. If the vehicle described herein is not picked up within three (3) days after such invoice is given, KMR Services LLC 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.

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

9. 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 West Virginia, in which KMR Services LLC is located, 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 the county and state in which KMR Services LLC is located. Customer has thirty (30) days from the accrual of any cause of action arising from the purchase of the Services to commence an Action against KMR Services LLC.

10. LIMITATION OF DAMAGES.  CUSTOMER AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY CUSTOMER AGAINST KMR SERVICES LLC, 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.

11. Fees and Expenses of Actions.  In any Action, whether initiated by KMR Services LLC 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 KMR Services LLC shall have the same right to recover reasonable attorneys’ fees and costs incurred in connection with the Action in the event that KMR Services LLC prevails.

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

13. Communication Consent; Use of Customer Data.  KMR Services LLC may use information Customer provides KMR Services LLC, 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.