Repair Authorization

At Heritage Body & Frame, your satisfaction is our number one goal. By agreeing to the terms and conditions as stated below, we agree to update you about the repair work and estimated delivery time of your vehicle. We want to make sure that you are happy with our timeliness and the work we do. We will have an associate get back to you via email as to the progress of your vehicle and we will update you as the repairs progress.

If you should have any other questions or concerns in the meantime, please feel free to call the Heritage location where your vehicle is being repaired. Thank you again!

TERMS AND CONDITIONS OF REPAIR SERVICES 1. Limited Power of Attorney. Customer hereby appoints Heritage Body & Frame and its authorized employees, as his/her attorney-in-fact to act in Customer's place for the purpose of endorsing, on Customer's behalf, all insurance company checks made payable to Heritage Body & Frame and/or Customer regarding authorized repairs to the vehicle described in this agreement. This limited power of attorney terminates upon full payment for the repairs of the vehicle. 2. Additional Repairs. If upon closer inspection, it is found that additional repairs are necessary, Customer will be contacted for authorization to make such additional repairs. Authorization may be given by Customer orally or in written form. Such additional repairs shall be listed on the final invoice. 3. Sublet Repairs. Customer acknowledges that portions of the repairs may be provided by a subcontractor hired by Heritage Body & Frame, or at another Heritage Body & Frame facility, and Customer hereby authorizes all sublet repairs that Heritage Body & Frame (in its sole discretion) may deem necessary. 4. Authorization to Operate Vehicle. Customer hereby authorizes Heritage Body & Frame, its employees and its subcontractors to operate the vehicle, including use on public streets, for the purposes of, including but not limited to, inspecting, testing, sublet services, pick-up and delivery, and facilitating repairs. 5. Damage or Theft. Heritage Body & Frame does not accept any responsibility or liability for the theft of, or damage to, the vehicle, or any personal property left in the vehicle, that is not a direct result of Heritage Body & Frame's gross negligence. Customer acknowledges that said property is not insured or protected to the amount of the actual cash value thereof, or otherwise, against loss related to theft, fire or vandalism while the property remains with Heritage Body & Frame. Customer further acknowledges that all personal property has been removed from the vehicle, and that Heritage Body & Frame, its employees and its subcontractors are not responsible for inspection thereof. 6. Payment upon Completion. Customer agrees that he/she will be jointly and severally responsible and liable for payment of all charges for labor, parts, material and accessories, sublet repairs to the vehicle, and any other charges incurred under these Terms and Conditions, and payment in full shall be made prior to the release of the vehicle. 7. Storage Fees. If the vehicle is not picked up within ten (10) days after Heritage Body & Frame has notified the Customer that the repairs are completed, Heritage Body & Frame may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed $35.00 per day. 8. Lien Sale. In addition to any and all other legal and equitable remedies available to Heritage Body & Frame, Customer authorizes and acknowledges that if payment in full is not received within ten (10) days after Heritage Body & Frame has notified the Customer that the repairs are completed, Heritage Body & Frame may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle by way of a public auction. 9. DISPUTE SETTLEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT IN THE EVENT A DISPUTE OR CONTROVERSY ARISES CONCERNING THIS AGREEMENT OR THE REPAIRS TO THE VEHICLE, CUSTOMER AND Heritage Body & Frame SHALL FIRST ATTEMPT IN GOOD FAITH TO SETTLE THE DISPUTE BY MEDIATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL MEDIATION PROCEDURES. IN THE EVENT THAT THE MATTER IS NOT SETTLED BY MEDIATION AS PROVIDED, CUSTOMER AGREES THAT SUCH DISPUTE OR CONTROVERSY SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE ARBITRATION AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTWITHSTANDING THE FOREGOING, Heritage Body & Frame MAY EXERCISE ITS RIGHTS UNDER SECTION 8 ABOVE WITHOUT FIRST MEDIATION OR ARBITRATING. 10. Limited Warranty. Subject to the obligations and exclusions below, Heritage Body & Frame warrants the repairs against defects in materials and workmanship for the applicable period of time set forth in Section 10.1. During such time, Heritage Body & Frame will repair or replace any parts which prove to be defective by reason of improper workmanship or materials without charge for parts or labor relating thereto, subject to the terms and conditions herein, including, but not limited to Section 10.3 below. All parts replaced under this limited warranty shall become the property of Heritage Body & Frame. All warranty repairs must be performed at one of Heritage Body & Frame's facilities. If the vehicle is outside Heritage Body & Frame's market area, the warranty repairs may be performed at any repair facility nationwide that is approved in advance by Heritage Body & Frame. 10.1 Warranty Period, Non-Transferability and Non-Assignability. Except as otherwise provided herein, Heritage Body & Frame warrants the repairs and paint only to Customer, and for only as long as Customer owns the vehicle. Customer may not expressly or implicitly transfer or assign any rights granted under this limited warranty. 10.2 Defects in Manufacturer's Parts, Material or Accessories. This limited warranty applies to defects in any parts, materials or accessories used in the repairs which are procured by Heritage Body & Frame from any third-party manufacturer and/or supplier only to the extent that such manufacturer's or supplier's warranties, if any, apply to Heritage Body & Frame with respect thereto. 10.3 Limitations and Exclusions. This limited warranty does not apply to repairs necessitated by any cause beyond the reasonable control of Heritage Body & Frame, including any defects, damage or malfunctions caused by or resulting from unauthorized service or parts, improper or inadequate vehicle maintenance, use for which any parts or accessories were not designed or approved, alterations, accidents, modification of repairs, subsequent repairs performed by a party other than Heritage Body & Frame (except as set forth in Section 10 above), abuse, misuse, neglect, or acts of God. 10.4 Environmental Damage. This limited warranty does not apply to chemicals, tree sap, road salt, sand, rocks, pebbles, hail, windstorms, sun, pollution or other environmental factors that may damage cloth, leather, plastic, wood, vinyl, paint, chrome, upholstery and/or convertible tops. 10.5 DISCLAIMERS. THE FOREGOING IS THE COMPLETE LIMITED WARRANTY FOR Heritage Body & Frame REPAIRS AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN. EXCEPT AS EXPRESSLY SET FORTH ABOVE, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO Heritage Body & Frame REPAIRS, AND Heritage Body & Frame EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE DURATION OF ANY WARRANTIES WHICH MAY BE IMPLIED AND CANNOT BE DISCLAIMED BY LAW IS LIMITED TO THE TERM OF THIS LIMITED WARRANTY. IN NO EVENT WILL Heritage Body & Frame BE LIABLE TO THE CUSTOMER, OR TO ANY USER OR PASSENGER OF THE VEHICLE DESCRIBED IN THIS AGREEMENT, FOR ANY DAMAGES, EXPENSES, LOST REVENUES, LOST SAVINGS OR ANY OTHER SPECIAL, INDIRECT INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE WHATSOEVER, EVEN IF Heritage Body & Frame HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. CONSEQUENTLY, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL CUSTOMERS. TO THE EXTENT THAT ANY PART OF THIS LIMITED WARRANTY IS IN CONFLICT WITH APPLICABLE LAW, Heritage Body & Frame WILL FOLLOW APPLICABLE LAW. 11. Entire Agreement, Headings, Validity. Customer acknowledges that he/she has not been induced to authorize repairs by any representation or warranty not set forth in this agreement. This is the entire agreement between Heritage Body & Frame and Customer, and supersedes all existing agreements and all other oral or written communication between them concerning its subject matter. If any provision herein shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired. This agreement may only be modified in writing, signed by Heritage Body & Frame and Customer.

Work Order in Texas (customers must sign both signature lines):
The undersigned customer (“Customer”) represents that he/she is the registered owner, legal owner, lessee or authorized agent of such owner or lessee, authorizing repairs to the vehicle referenced herein and hereby authorizes Heritage Body & Frame (“Heritage”) to make the repairs stated in the repair (work order) referenced herein pursuant to the Terms and Conditions contained in this agreement.

Customer agrees that he/she has read, understands, and agrees to the Terms and Conditions contained in this agreement, which include the limited power to endorse insurance payments regarding these repairs, and which include a dispute resolution provision requiring binding arbitration under many circumstances.

Customer understands that to help preserve the structural integrity of the vehicle, parts that are welded to the vehicle may be trimmed to fit.

NOTICE PURSUANT TO SECTION 70.001, TEXAS PROPERTY CODE
Customer understands that this vehicle is subject to repossession in accordance with Section 9.609, Texas Business & Commerce Code, if a written order of payment for repairs of the vehicle is stopped, or dishonored because of insufficient funds, no funds, or because the drawer or maker of the order has no account or the account on which it is drawn has been closed.

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