TERMS AND CONDITIONS
1. Entire Contract. This document including the applicable purchase order states the entire Contract between the Customer (“Customer”) and RYAN LENGER LLC d/b/a/ LENGER RACING (“Lenger Racing”). By entering this contract or by accepting Lenger Racing’ services and repairs Customer agrees to be bound by these terms. NO REPRESENTATIONS, PROMISES OR WARRANTIES, EXPRESSED OR IMPLIED, HAVE BEEN MADE TO THE CUSTOMER EXCEPT THOSE TO WHICH ARE STATED IN THIS CONTRACT and the applicable purchase order. This Contract cannot be changed by any conversations between Customer and Lenger Racing. Any changes must be in writing and signed by Customer and Lenger Racing.
2. Price and Payment. Customer agrees to pay in full for the services described above upon successful completion of all listed auto repairs prior to picking up their vehicle from Lenger Racing. Customer agrees to pay for all parts, labor, fees, taxes, and other charges incurred during the performance of any repairs authorized by Customer in writing. Lenger may provide Customer invoices periodically, requiring progress payments on custom work. Such invoices are due net ten (10) days. Lenger will provide Customer a final invoice upon completion of repairs detailing all fees and listing a final outstanding balance for payment. Payment must be made in full before the vehicle will be returned to Customer. Once invoiced, all issues concerning billing must be addressed to Lenger’s billing department. Lenger Racing reserves the right to charge interest on all overdue sums owing under this Agreement at the rate of 1.5% per month (or the highest legal limit if lower than said amount), measured from the date the sums in question became payable to the date on which Lenger Racing receives full payment. Customer agrees to be responsible for all legal fees incurred by Lenger Racing in connection with collection of past due amounts.
3. Additional Scope of Work. Custom work may cause the price to change. In the event the services required by Customer to perform additional services or provide additional product(s) related to this Agreement, then Lenger Racing shall be entitled to additional compensation to the extent necessary to accommodate such additional work or product(s). The additional compensation shall be agreed upon before commencement of any additional services or provision of additional product(s).
4. Limited Warranty; Disclaimer of Warranties.
Limited Manufacturer’s Warranty. Customer understands that Lenger Racing is not the manufacturer of the Products purchased by Customer hereunder. Accordingly, all Products are sold subject to the express warranty terms, if any, specified by the original manufacturer of the Products, and Lenger Racing shall have not liability for breaches of any such manufacturer warranty.
Limited Lenger Racing Labor Warranty. Lenger Racing shall provide a limited warranty covering the work performed under the terms of this Agreement. This limited warranty shall last for a period of six (6) calendar months from the completion of authorized repairs. During the warranty period, Lenger Racing will, at its sole cost and expense, correct any defects in workmanship related to the repairs performed in relation to this contract. This limited warranty covers labor only, and does not extend to any parts used for repairs. Any work performed on the vehicle by Customer or a third party after Lenger’s work will invalidate this limited warranty. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. LENGER RACING’ WARRANTY RESPONSIBILITY IS LIMITED AS SET FORTH HEREIN. This warranty may not be transferred, assigned or passed on to any third party, and Customer shall not make any representation on behalf of Lenger Racing.
Disclaimer of Warranties. EXCEPT AS SET FORTH HEREIN, LENGER RACING MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. LENGER RACING DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, QUALITY, DURABILITY, SUITABILITY AND CUSTOMER AGREES NOT TO CLAIM OR COMMENCE SUIT AGAINST LENGER RACING BASED ON ANY SUCH DISCLAIMED WARRANTIES, OR ANY MANUFACTURER’S WARRANTIES. ALL WARRANTIES FOR THE LABOR OR SERVICES PROVIDED HERUNDER ARE LIMITED IN TIME TO THE TERM OF THE LIMITED WARRANTY PERIOD SET FORTH HEREIN. NO WARRANTIES WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO CUSTOMER.
Limitation of Liability. LENGER RACING DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THE ABOVE LIMITED WARRANTY OR FOR CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THIRD PARTY CLAIMS AGAINST CUSTOMER FOR DAMAGES, LOST PROFITS EVEN IF LENGER RACING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, AND WHETHER A CLAIM FOR SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY. LENGER RACING’ LIABILITY WILL BE NO MORE THAN THE AMOUNT CUSTOMER PAID FOR THE PRODUCT OR SERVICES THAT IS THE SUBJECT OF A CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
5. Indemnity. Customer shall indemnify, defend, and hold Lenger Racing harmless from and against any and all claims, damages, losses, costs, and other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from (a) Customer’s breach of this Agreement, (b) Customer’s violation of the rights of any third party; and (c) Customer’s use of the Products in violation of applicable law.
6. Arbitration. By purchasing the repairs and services, Customer agrees to submit to binding arbitration, at Lenger Racing’ sole discretion. If any disputes or claims arise against Lenger Racing, such disputes will be handled by an arbitrator of Lenger Racing’ reasonable choice, and such arbitrator shall be an attorney or retired judge. The arbitration will be conducted pursuant to the Rules of the American Arbitration Association in Kent County, Michigan. All decisions rendered by the arbitrator shall be binding and final. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator. Each party involved will bear its own costs of any legal representation, discovery, or research required to complete arbitration, provided that Customer shall be responsible for all arbitration costs charged by the American Arbitration Association or the arbitrator. The Federal Arbitration Act, and not any state arbitration law, shall govern proceedings brought pursuant to this section. No action, regardless of its form, arising from the purchase of Products, may be brought by Customer against Lenger Racing more than one (1) year after the cause of action accrued. Notwithstanding anything to the contrary herein, all matters pertaining to the collection of amounts due to Lenger Racing arising out of the sale of the Products will be exclusively litigated in court rather than through arbitration.
7. Authorization. Customer hereby certifies that they have the legal right to authorize repairs for the vehicle identified in the Contract, either through legal ownership, lease rights, or written authorization from the vehicle’s owner. Customer authorizes Lenger to take the steps necessary to perform the repairs listed in this contract, including any necessary on-road vehicle testing. Customer further warrants they have read and agree to these terms and conditions.
8. Force Majeure. Neither party will be liable for non-performance (except for payment obligations) due to causes beyond its reasonable control, provided that such party promptly notifies the other in writing of such occurrence and makes its best efforts to promptly eliminate the effect thereof.
9. Time for Completion; Vehicles Remaining After Completion. The completion time stated is merely an approximation and is based on uninterrupted access to the vehicle during Lenger’s normal working hours. The actual completion time is contingent upon many factors, including, busy seasons, access to needed parts, labor, material shortages, accidents, weather, acts of God, changes caused by a body of government, and the like. Changes will affect the time necessary for completion. Lenger shall not be liable for any damages suffered by Customer as a result of any delay occasioned by these contingencies. Customer acknowledges it is responsible for picking up vehicle upon completion. Any vehicles that remain at Lenger’s property for Ten (10) days after Lenger has notified Customer by voice message of completion may be towed at Customer’s expense in Lenger’s sole discretion. Customer waives and releases Lenger for any damages related thereto.
10. Entire Understanding; Amendments. This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof, provided that if the Products are not sold wholesale to Customers, or are sold direct to end users or individuals, certain additional terms and conditions will apply, and shall be incorporated by reference into this Agreement. Customer agrees that its own general terms of purchase that may be in its purchase orders are expressly excluded from the Agreement. Additional or different terms and conditions contained in any purchase order shall be null and void. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions or any purchase order or invoice. No amendment or variation of the Agreement is valid unless made in writing and signed by authorized personnel of both parties. If any provision of the Agreement is declared invalid by any tribunal, the remaining provisions will not be affected thereby.
11. Use of Likeness. You give permission to Lenger Racing to use, without charge and without reservation, all or a portion of your vehicle’s image as captured on photos or video in any media throughout the world in perpetuity, including but not limited to, on the world wide web, and in any manner for the purpose of education, training, advertising, trade, or any other lawful purpose.
12. No Waiver. Either party’s waiver of any breach of, or failure to enforce any term or condition of the Agreement, will not affect, limit, or waive such party’s right to enforce and compel strict compliance with each and every term or condition of the Agreement.
13. Governance; Jurisdiction and Venue. The Agreement and the transactions contemplated by it are governed by the laws of the state of Michigan, without giving effect to principles governing choice or conflict of law rules thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of and venue in Kent County, Michigan, and the appropriate courts of appeal from such courts, for determining any dispute concerning the Agreement.