GENERAL TERMS AND CONDITIONS OF SALES,SERVICES & REPAIRS – MIAMI ENGINES LLC
a. These terms and conditions of sale (these “Terms”) are the only terms which govern the Sales, Services & Repairs (which shall include the parts and labor identified on the accompanying invoice together with any and all applicable taxes) provided by Miami Engines LLC (“Miami Engines”) to the customer and for the vehicle identified on the reverse side of these Terms or on the invoice (respectively the “Customer” and the “Vehicle”).a.
b. Services & Repairs shall include only the parts and labor required to carry out the repair or maintenance of the Vehicle and/or the parts and labor required to service the vehicle for the service requested and referred in the initial estimate (the “Quote Invoice”). Additional parts and/or labor not detailed in the Quote Invoice required to repair any faults or additional work identified during the service and/or of any additional parts not expressly identified in the Quote Invoice will be an additional charge. Customer will be notified of any additional charge in an amount higher than $50.00 before the relevant work is carried out.
c. Miami Engines reserves the right, prior to the commencement of the Services & Repairs, to notify Customer of an immediate increase in the Services & Repairs estimate where this results from an increase in the cost of parts or other charges beyond Miami Engines reasonable control. In the event of an increase to the Quote Invoice Customer will have the right to cancel at any time prior to commencement of the Services & Repairs. Once deposit has been made by Customer pursuant to the Quote Invoice, and access to the Vehicle provided, the Quote Invoice estimate will be deemed accepted, and then, unless additional or different work is agreed with Customer, Miami Engines will carry out the Services & Repairs as defined in the Quote Invoice. If any additional services are requested or needed by Customer and Miami Engines agrees to such additional services, Miami Engine will provide an Additional Quote Invoice reflecting the agreement between Miami Engines and Customer as to the additional Services & Repairs requested and the costs associated. Customer shall object to any Additional Quote Invoice or its content within 24h from receipt or the Additional Quote Invoice will be deemed accepted by Customer.
a. Customer shall pay a deposit, as more fully described in the Quote Invoice upon acceptance of the quote and dropping of of the Vehicle at Miami Engine’s garage. In certain instances, however Miami Engines may also request payment in full prior to commencing service, depending on the type of services provided.
b. Final payment is due at the time of completion of the Services & Repairs, or in any event within seven (7) business days from completion, any late payment will be subjected to interest as more fully detailed below. Miami Engines will provide to Customer a Final Invoice which will highlight the balance due after crediting any deposit provided by Customer – if any.
c. Customer acknowledges that Miami Engines is providing – when reasonably possible – Customer with the option of making payment by credit card and/or online. Customer acknowledges and agrees that any credit card payment made pursuant to any Quote Invoice of Final Invoice will be final, and that Customer may not dispute or request a chargeback of any such credit card payment. In the event of a credit card chargeback, Customer interest will accrue from the original due payment date, and Miami Engine will be entitled to any and all legal remedies available including the filing of a lawsuit for collection.
d. Customer acknowledges a $25 charge will be added in the event of checks returned. Customer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Customer shall reimburse Miami Engines for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees, chargeback representment cost and any costs associated with lien notice or lien enforcement.
3. Disclaimer of Warranty
a. Miami Engine will complete Services & Repairs within a reasonable time after receiving the deposit and receiving access to the Vehicle. Customer however understands and acknowledges that delays may occur due to delays in receiving required parts for the Services & Repairs or other circumstances. Customer agrees that Miami Engine shall not be responsible for any delays, and Customer waives any delay damages Customer may experience should the Services & Repairs take longer than estimated.
b. Miami Engines shall perform the Services & Repairs in a reasonable manner, provided, however, Miami Engines makes no warranty or guarantee of a result. Customer shall notify Miami Engines of any claim that Miami Engines did not reasonably perform the Services & Repairs within ten (10) days after the discovery of same and in no event later than thirty (30) days after the performance of the Services & Repairs have been completed. Within a reasonable time after notice from Customer, Miami Engines, at its sole option, may correct any part of the Services & Repairs which was not reasonably performed. If Miami Engines is unable to correct such Services & Repairs, Miami Engines, at its sole option, may refund to Customer the amount Customer paid to Miami Engines for the portion of the Services & Repairs disputed. These remedies shall be Customer's exclusive remedies for any breach by Miami Engines. Miami Engines 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 Miami Engines’ failure to reasonably perform the Services & Repairs.
c. CUSTOMER HEREBY ACKNOWLEDGES THAT MIAMI ENGINES HAS NOT MADE ANY AFFIRMATION OF FACT, REPRESENTATION OR PROMISE RELATING TO THE SERVICES & REPAIRS THAT HAS BECOME A BASIS OF THIS TRANSACTION OR WHICH CREATES AN EXPRESS WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, MIAMI ENGINES 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 SERVICES & REPAIRS.
d. There are NO WARRANTIES, express or implied, made by Miami Engines or the manufacturer of any parts or other goods incorporated in the Services & Repairs, except for the manufacturer's written warranty applicable to such parts or goods. Such separate manufacturer's warranty shall be expressly IN LIEU OF any other express or implied warranty, condition or guarantee on said parts or goods. Customer hereby acknowledges that Miami Engines has not in any manner adopted the manufacturer's warranty, as a warranty of Miami Engines, 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.
e. LIMITATION OF LIABILITY: MIAMI ENGINES 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 FORESEEABLE. IN NO EVENT SHALL MIAMI ENGINES' TOTAL AGGREGATE LIABILITY TO CUSTOMER OR ANY OTHER PARTY RELATING TO OR RESULTING FROM SERVICES & REPAIRS OR THESE TERMS EXCEED THE TOTAL PRICE PAID BY CUSTOMER FOR SUCH SERVICES & REPAIRS. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY 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.
a. All matters arising out of or relating to this Agreement is governed by and construed in accordance with the laws of the State of Florida. The parties hereby irrevocably submit to the jurisdiction of the courts of State of Florida or, if there is federal subject matter jurisdiction, to the United States District Court for the Southern District of Florida. The parties hereby irrevocably consent to the venue of the courts sitting in Palm Beach County, Florida, being them either state courts or federal courts, for the purpose of hearing and determining any dispute arising out of or in connection with this Agreement, its formation, and/or its validity and for the purpose of enforcing any judgment against the assets of the parties.
b. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
c. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.