Terms

These Terms and Conditions and Non-Disclosure Agreement (the “Terms”) are entered into between Mobile Wrench Enterprises LLC (“Mobile Wrench”) and the Customer, identified below or who makes a Service Order.

The parties agree as follows:

1. General: These Terms are binding on the parties and govern Mobile Wrench’s inspection and repair services performed for Customer (the “Services”). Customer’s signature below or electronic acceptance in connection with a request for Services (a “Service Order”) is acceptance of the Terms. Mobile Wrench reserves the right to decline a Service Order at any time before the provision of Services with notice to the Customer.
2. Fees and Charges: Mobile Wrench will charge, and Customer will pay, for all the parts and labor provided during the Services according to Mobile Wrench’s currently existing rates and pricing, which are available upon request. Mobile Wrench will also charge a dispatch fee for each Service Order as well as a charge for any deliveries required for parts. A cancellation fee will be charged if a Service Order is canceled after the dispatch of mobile mechanic or technician. Vehicles and equipment not picked up from the shop will be charge $25.00 per day storage fee after 3 days. A late fee of $50.00 will apply to any past due amounts or rejected transactions and interest in the amount of 1.5% per month, compounded annually, will accrue on such amounts from the date of invoicing.
3. Payment: At the time of invoicing, unless otherwise agreed to in writing, Mobile Wrench will initiate payment for the Services against the Customer’s credit card or bank account indicated on the Customer’s authorization form on file with Mobile Wrench. Mobile Wrench will not perform any Services until the Customer has provided a signed authorization form. Customer understands that charges of $2,000.00 or less will be automatically initiated at invoicing. For invoices that exceed $2,000.00, the Company will verify the amount with Customer before initiating the charge. Services invoiced and charged to Customer will include all fees and charges for the Service including parts, labor, materials, dispatch fees, and all sales, use, consumer and other applicable taxes. If any payment is refused, Customer will immediately provide an alternative payment method authorization and Mobile Wrench will be entitled to cease any Services until full payment is received.
4. Non-Disclosure Agreement and Protective Covenants: As used in this Agreement, “Confidential Information” means any trade secret, proprietary, and/or confidential information of Mobile Wrench’s that is secret and of value, including the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, improvement, confidential business or financial information, confidential personnel information, or other information of Mobile Wrench’s which is secret and of value.  Customer acknowledges that items of Confidential Information are Mobile Wrench’s valuable assets and have economic value because they are not generally known by the public or others who could use them to their own economic benefit and/or to the competitive disadvantage of Mobile Wrench.  To protect Mobile Wrench’s Confidential Information, including trade secrets, Customer agrees at all times, both during Mobile Wrench’s work on any Service Order and afterward, Customer will keep in confidence and trust all Confidential Information, and will not use or disclose any Confidential Information without the express written consent of the owner of Mobile Wrench.  In order to further protect Mobile Wrench’s Confidential Information, including trade secrets, Customer agrees that for a period of one (1) year after the Customer’s last Service Order is made, Customer will not (directly or through the direction or control of others) (a) solicit any employee of Mobile Wrench that Customer had contact with or gained knowledge of through Mobile Wrench’s work on a Service Order (a “Covered Employee”) to leave the employment of Mobile Wrench; or (b) hire, attempt to hire, or assist in hiring any Covered Employee. Nothing herein is intended or to be construed as a prohibition against general advertising such as “help wanted” ads that are not targeted at the Company’s employees.
5. Mechanic’s Lien: Customer acknowledges that Mobile Wrench has a lien right against Customer’s vehicles on which Services are performed as outlined in Colorado Revise Statutes §§ 38-20-106, et. al. Mobile Wrench specifically reserves the right to exercise such lien rights, including providing a notice of lien, and taking possession of, or foreclosing on, vehicles subject to a lien. Customer represents and warrants that in the event of an uncured failure to pay, it will not interfere with or object to Mobile Wrench’s rights under such laws.
6. Warranty: Mobile Wrench warrants its labor will be performed according to industry standards for fourteen (14) days, or 500 miles, from the date of providing services. Mobile Wrench does not provide a warranty on parts or materials, independent of, or above or beyond that provided by, the manufacturer. Customer must notify Mobile Wrench within five (5) business days of the discovery of any issues with the Service provided and in no event more than fourteen (14) calendar days after the performance of the Services. Mobile Wrench, at is sole discretion, may correct the work to industry standards. If Mobile Wrench is unable to correct such work, Mobile Wrench, at its sole discretion, may refund the amounts paid for the Services at issue. This is the Customer’s sole remedy for defective Services and in no event will Mobile Wrench have any liability beyond the amount paid by the Customer for the Services at issue.
7. Disclaimer of Warranty: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, NEITHER PARTY MAKES ANY REPRESENTATION OR EXTENDS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE OTHER PARTY WITH RESPECT TO ANY LABOR, REPAIRS, PARTS, OR MATERIALS USED IN CONNECTION WITH THE SERVICES RENDERED BY MOBILE WRENCH OR OTHER SUBJECT MATTER OF THESE TERMS AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY AND ALL OF THE FOREGOING.
8. Limitation of Liability: MOBILE WRENCH WILL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST USE, LOST PROFITS, TO EQUIPMENT, OR CLAIMS OF A THIRD PARTY. IN NO EVENT WILL MOBILE WRENCH’S TOTAL LIABILITY TO CUSTOMER OR ANY THIRD PARTY EXCEEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES. THESE LIMITATIONS APPLY TO THE FULLLEST EXTENT PERMITTED BY LAW.
9. Indemnification: Customer agrees to defend and indemnify Mobile Wrench, its officers, agents, technicians, mechanics, employees, and representatives from and against all claims, liabilities, damages, causes of actions, losses, expenses and demands, including attorney fees, expert fees or other expenses, threatened against or incurred by Mobile Wrench, its agents, or its representatives, as a result of claims or demands made against Mobile Wrench, its agents, or its representatives, on account of injury, loss, or damage, including without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of Mobile Wrench’s Services, these Terms, or a Service Order, including the use, operation, or maintenance of any personal property on which Mobile Wrench performed Services. Indemnification will survive the payment of Customer’s invoice and these Terms.
10. Delay: Mobile Wrench is not liable for the failure to deliver or perform Services, where such failure or delay is the result of, in whole or in part, any cause other than the gross negligence of Mobile Wrench.
11. Force Majeure: Neither party to these Terms is liable for damages resulting from delayed or defective performance when such delays arise out of causes beyond the control, and without the fault or negligence of, the offending party, and such causes could not have been reasonably prevented by the offending party through means that meet reasonable commercial standards in the industry. Such causes may include, but are not restricted to, Acts of God or of the public enemy, terrorism, acts of the State in its sovereign capacity, extreme weather conditions, fires, floods, earthquakes, power failure, disabling strikes, epidemics, pandemics, quarantine restrictions, and freight embargoes.
12. Assignment: These Terms may not be assigned by the Customer without the consent of Mobile Wrench, which will not be unreasonably withheld.
13. Governing Law and Venue: These Terms will be governed by the law of the State of Colorado. In the event of a suit, the venue will be the City and County of Denver, Colorado.
14. Dispute Resolution: Customer will pursue the warranty relief outlined in these Terms before seeking judicial relief. Mobile Wrench may pursue judicial relief for the collections of past due amounts at any time.
15. Attorney’s Fees and Costs: If Mobile Wrench prevails in any suit, mediation, arbitration, appeal, or other action to enforce or defend itself under these Terms or otherwise, Customer will pay Mobile Wrench’s reasonable fees and costs incurred, including its attorneys’ fees.
16. Severance: In the event that any provision of these Terms are found to be illegal or unenforceable, such provision will be severed, modified, or reformed to the extent necessary to make it enforceable, and, as so severed, modified, or reformed, the remainder of these Terms shall remain in full force and effect. Customer agrees that the Company will suffer irreparable harm, in addition to any damages that can be quantified, by a breach of the Terms. Accordingly, in the event of such a breach or a threatened breach, Mobile Wrench will be entitled to injunctive relief, in addition to all other legal or equitable remedies that may be awarded by a court of competent jurisdiction.
17. Amendment: These Terms may not be amended or modified at any time without a written agreement signed by authorized representatives of Customer and Mobile Wrench. Any Service Order made after such amendment or modification will be subject to the new Terms.
18. Notices: Any notice required under these Terms will be deemed to have been made only when sent via the United States Postal Service, electronic mail, or a nationally recognized courier, to the Customer’s most recent address on file. Either party may change the address for notice by giving the other party written notice of the new address.
19. Waiver: The failure or decision of a party not to enforce any provision or term of these Terms will not operate as a waiver, or prevent the party from later enforcing the provision.
20. Survival Clause: These Terms will survive for six (6) years after the last Service Order is made