Mobile / Roadside Repair

1. Parties to this Agreement; Definitions. As used in this Agreement, the terms: (a) “Mr. Big Rig LLC” (MBR) shall mean the MBR repair facility or location identified in the Service Authorization, estimate, work order, online request or other ordering document; (b) “Customer” shall mean the Customer identified in the Service Authorization, estimate, work order, online request 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 MBR for Customer, together with the Parts. The Customer verifies that it has the legal rights to authorize repairs for the vehicle either through legal ownership, lease rights, or written authorization from the vehicle owner. The Customer authorizes MBR to proceed with the repairs required and listed in the Service Authorization, including any necessary on-road vehicle testing. 2. WARRANTY DISCLAIMERS AND LIMITATIONS LIMITED WARRANTY ON SERVICES: ALL MBR REPAIRS AND SERVICES WILL BE PROVIDED AS IS. MBR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SALE OF PARTS AND ACCESSORIES AND/OR SERVICES AND REPAIRS PREFORMED BY MBR. PARTS – MANUFACTURER WARRANTIES ONLY: Any warranties on any Parts are limited only to those written warranties provided by the applicable Part’s manufacturer. 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, MBR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. MBR 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. MBR’s charges for labor may not be based on actual mechanic’s time, but may be established by multiplying MBR’s labor rate by industry time allowances or MBR’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 MBR 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. MBR will submit warranty claims on behalf of Customer for manufacturers for whom it is authorized to perform warranty service; however, Customer understands and agrees that it is responsible for full payment for any Services provided that are not covered by warranty. MBR is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by MBR that is declined by Customer. Customer agrees that MBR employees 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. Parts used in the non-warranty repair of customer’s vehicle by other than the original manufacturer are required to be at least equal in like kind and quality in terms of fit, quality and performance to the original manufacturer parts they are replacing. 5. Sublet Repairs. Customer acknowledges that all or part of all services and repairs may be provided by a subcontractor hired by MBR and Customer hereby authorizes all sublet repairs that MBR, in its sole discretion, may deem necessary. 6. Damage; Theft. MBR 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 MBR. MBR 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 simultaneously with the delivery of the within described vehicle or prior to delivery upon the expiration of three (3) days after notice to Customer that the repairs have been completed. If the vehicle described herein is not picked up within three (3) days after such notice is given, MBR 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 MBR, Customer authorizes and acknowledges an express mechanic’s lien in favor of MBR 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 MBR has notified the Customer that the repairs are completed: (i) MBR may, in accordance with applicable state law, begin lien sale proceedings and sell the vehicle at public auction; and/or (ii) MBR 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 Arizona in which MBR 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 MBR is located. Customer has one (1) year from the accrual of any cause of action arising from the purchase of the Services to commence an Action against MBR. 10. LIMITATION OF DAMAGES. Customer shall indemnify, defend and hold harmless MBR from and against any and all claims, actions, costs, expenses, damages and liabilities brought against or incurred by MBR related to or arising out of this Agreement or the Services and/or Repairs supplied under this Agreement (collectively, the ‘Claims’), where such Claims were caused or contributed, in whole or in part, by the acts, omissions, fault or negligence of MBR or the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by MBR to its insurance carrier unless MBR directs that the defense will be handled by MBR legal counsel at Customer’s expenses. CUSTOMER AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY CUSTOMER AGAINST MBR, 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 MBR 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 MBR shall have the same right to recover reasonable attorneys’ fees and costs incurred in connection with the Action in the event that MBR 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 MBR’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. You may not assign your rights under this Agreement without our prior written consent, and any attempted assignment will be null and void. Any delay in the availability of the Service or the performance of any Job will not be considered a breach of this Agreement if such delay is caused by a fire, earthquake, flood, war, terrorist act, governmental act, failure of common carriers (including Internet service providers), act of God, or any other event beyond the control of MBR or the mechanic, provided that performance is resumed as soon as possible. Any claim or controversy between you and MBR arising out of, or relating to, this Agreement shall be finally decided by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. Subject to any valid requirements of any applicable statute, any such arbitration shall be held in Mesa, AZ. During the course of any arbitration hereunder, each party will bear its own costs and attorneys' fees, and share equally the arbitrator's fees and expenses, except that the arbitrator shall award to the prevailing party all reasonable attorneys' fees resulting directly or indirectly from such arbitration. The award rendered by the arbitrator shall be final, and judgment may be entered upon it at any court having jurisdiction. The arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration. Any arbitration hereunder will be confidential. 13. Communication Consent; Use of Customer Data. MBR may use information Customer provides MBR, including but not limited to email addresses, cell phone numbers, landline numbers, and all likeness of vehicles booked for service and/or repair (“Customer Data”) to contact Customer and others for purposes related to this account, including debt collection, internal training and for marketing and sales purposes. You also authorize MBR and its affiliates to use and disclose Customer Data to third parties for any purpose in an anonymous or aggregated form that does not identify Customer. In addition, Customer Data and vehicle maintenance service and repair information arising from or created as a result of maintenance and repair services provided by MBR to Customer, including vehicle owner information, vehicle identification numbers and vehicle specifications (“Vehicle Repair Data”), may be provided to vehicle/component manufacturer(s) and the vehicle/component manufacturer(s) dealers, and their respective service management platform providers (“Maintenance Third Parties”) and used by MBR and such Maintenance Third Parties to support and enhance vehicle repair services provided to MBR and the Maintenance Third Parties’ customers. You also authorize MBR and the Maintenance Third Parties to use and disclose Vehicle Repair Data to third parties for any purpose in an anonymous or aggregated form that does not identify Customer.