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Legal Disclosures – Legal and Warranty Information

Table of Contents
  1. Overview
  2. Written Estimates – Requirement
  3. Agreement to Perform Repair Work
    1. Estimates
      1. Each estimate includes:
      2. Estimate Validity and Diagnostic Fees:
      3. Disassembly, Reassembly, and Customer Liability:
      4. Change in Repair Cost and Customer Approval:
      5. Customer Authorization:
      6. Additional Repairs:
      7. Incidental and Consequential Damage:
      8. “No Charge” Estimate
      9. Final Invoice
    2. Replaced Parts
      1. Time to claim parts
      2. Exchange (core) parts:
      3. Explanation of Replaced Parts
    3. Authorization to Commence Repair Work
      1. Vehicle Operation:
      2. Reasonable Delays
      3. Location-Specific Work Authorization:
      4. Cessation of Work Upon Request:
      5. Verification of Insurance and Registration:
    4. Amounts Owed
      1. In-Facility Repairs
      2. Mobile Repairs
      3. Choice of Law
      4. Choice of Forum
      5. Electronic Signatures 
      6. Acceptance
  4. Limited Warranty
    1. Entire Agreement and Amendment.
    2. Limitation of Warranty.
    3. Electronic Signatures 
    4. Severability
    5. Coverage
      1. Coverage extends only to the actual cost of:
    6. Length of Coverage Period
    7. Additional Manufacture Warranty
    8. Used, Salvage, or Recovered Parts
    9. Customer Provided Parts
    10. No Further Diagnosistics
    11. Resolution of Warranty Claims
    12. Core Charges
    13. No Coverage and Warranty Void
      1. This Limited Warranty is entirely void if:
      2. This Limited Warranty is partial void when:
    14. Determination of Void of Warranty
    15. Warranty Claim Process
      1. Eligible Claims
      2. Ineligible claim – Discretionary Fees:
    16. Out of Service Area Claims
    17. Reimbursement and Repair Provider Payments
    18. Identification Requirements
    19. Returned of Defect Parts
    20. Acceptance 
  5. Battery Warranty
    1. Battery Warranty Coverage Times
    2. Void and Non-coverage
    3. Free Battery Replacement
    4. Prorated Battery Replacement
    5. Prorate Calculation
    6. Choice of Law
    7. Choice of Forum
    8. Acceptance 

Overview

The following is the legally required disclosures, as required in the state of Michigan. In addition the terms and conditions related to the agreement to perform work your vehicle are outlined below

Written Estimates – Requirement

THIS ESTABLISHMENT IS REGISTERED WITH THE STATE OF MICHIGAN DEPART OF STATE AND IS REQUIRED BY LAW TO FURNISH A CUSTOMER WITH A:

  1. WRITTEN ESTIMATE IF THE REPAIRS WILL BE $50 OR MORE OR ON REQUEST IF REPAIRS WILL BE LESS THAN $50
  2. DETAILED STATEMENT OF LABOR AND PARTS SUPPLIED

QUESTIONS REGARDING SERVICE WORK SHOULD BE DIRECTED FIRST TO THE MANAGER OF THIS REPAIR FACILITY

MICHIGAN DEPART OF STATE
P.O BOX 39946, LANSING, MI48909
TOLL-FREE TELEPHONE: 888-767-6424
MON. – FRI., 8:30 A.M. – 5:00 P.M.
DEPARTMENT OF STATE WEBSITE: WWW.MICHIGAN.GOV/SOS.

Any repair work which will cost $50.00 more will come with a written estimate. This estimate will reflect, as closely as possible, the actual cost of the repairs.

Agreement to Perform Repair Work

The agreement to perform repair work is between, you the customer and Advanced Alternative Solutions LLC and Fixitforus Automotive LLC (Collectively “Fixitfor.us”)

Estimates

Estimates are designed to be our best approximation of the cost and scope of repair that will be performed to remedy the issues that the customer is experiencing. These estimates are subject to change, in accordance with the laws of the State of Michigan and as outlined in this agreement.

Each estimate includes:

  • The cost of labor per hour and how many hours are being charged to complete the job
  • All parts used in the repair will be listed with their costs
  • The condition of each part will be listed (e.g. new, new OEM, rebuilt, remanufactured, used etc.) Unless otherwise listed, all parts are “new”.
  • Any costs for shop supplies
  • Any costs for hazardous waste disposal
  • Any taxes or fees levied by a state, local or federal agency.

In the event that disassembly is required to properly diagnose a problem, the customer will be informed. The customer will be made aware of any disassembly costs and any costs for reassembly, if the customer chooses not to have the repair performed.

Estimate Validity and Diagnostic Fees:

Non-In person Estimates encompass all labor, parts, and supplies required for vehicle repair, based on information provided by the customer. In-person diagnostic estimates are subject to diagnostic fees outlined in the estimate. A minimum call-out/service fee and mileage fee are standard and are incorporated into all estimates and invoices. This fee may be waived if the customer proceeds with the repair.

Disassembly, Reassembly, and Customer Liability:

If disassembly is necessary for accurate diagnosis, the customer is responsible for call-out/service fees, mileage fees, and diagnostic fees. If the customer declines repair work after disassembly, the vehicle will be returned to the customer with all components, but reassembly may involve additional labor charges.

Change in Repair Cost and Customer Approval:

If there is a cost increase due to additional repairs, the customer will receive an updated estimate or invoice. The customer has the choice to accept or reject this change. Rejecting additional repairs may incur call-out and mileage fees, and at our discretion, charges for the work performed.

Customer Authorization:

Upon diagnosis, the customer has the option to accept or decline the repair proposal provided by us. If the customer declines further work, they are liable for call-out/service fee and any mileage fees, and diagnostic fees, as outlined in the estimate or invoice. 

Additional Repairs:

If additional parts need replacement during the repair process, the customer will be contacted for authorization if the repair cost increases. Any additional work incurring no extra cost will be documented on the final invoice with a value of $0.00.

Incidental and Consequential Damage:

Motor vehicles are subject to harsh conditions, such as heat, cold, excessive heat, excessive cold, salt spay and other environmental factors which can cause corrosion, brittleness or weakness to components, which may not be related to the primary component being replaced (“Secondary Components”)

When these Secondary Components have to be removed there is a risk of damagement. While Fixitfor.us attempts to minimize these risks, damage may be unavoidable. In such cases, Fixitforus will repair or replace the components, for no additional labor costs. The cost of the components, may at our discretion be borne by the customer, Fixitfor.us or a combination thereof.

Customers will be made aware of these risks when possible; however, the customer acknowledges the inherent risks.

“No Charge” Estimate

No charge estimates may be performed, at our sole discretion. This does not include anything requiring disassembly, complex or advanced diagnostics. For mobile repairs Customers will be provided a quote with a call-out/service fee and any mileage fee. If the customer moves forward with repairs, we may choose to discount this amount from the final invoice, at our sole discretion.. If the customer chooses not go forward with the repair, the call-out/service fee and any mileage fee would be due. All information related to diagnostic costs will be disclosed prior to work being performed and provided in the written estimate.

Final Invoice

All repairs, including warranty repairs, come with an invoice. This invoice details all parts and labor associated with the repair as well as any additional fees (e.g. shop supplies, hazardous disposal, etc) This invoice is considered the complete cost for all work which has been completed. This information may be provided in an electronic format.

Replaced Parts

Customers have the right to receive back all parts replaced, except those that must be returned to a supplier or manufacturer for warranty or rebuilding purposes, which the customer is entitled to inspect with the follow exemption, as listed with the state of Michigan:

  • If a part is replaced at no charge, the facility does not have to show the part to the customer. For example, this would include parts replaced under warranty;
  • If a part is considered flammable, for safety reasons the facility is not required to return the part. This includes gas tanks or other flammable items, unless such parts are rendered non flammable. The reason for not returning the part must be clearly explained to the customer;
  • Large or heavy parts that are not easily portable need not be immediately returned. The facility should store these parts at the repair facility for the customer’s inspection. The facility may not prevent the customer from removing any large or heavy part at the customer’s own expense.

For our on-site repairs, we will leave any replaced parts with the customer, unless the customer chooses for us to dispose of the parts, except those that are required to be returned to a manufacture

Time to claim parts

The following applies only to repairs not performed on-site.

  • All parts not returned to the customer are held for two days, with the exception of items that are bulky or heavy.
  • Bulky or heavy parts are held for 7 days.
  • The customer can cancel this requirement by authorizing the disposal of the parts.

Exchange (core) parts:

Parts which are subject to a core charge, can be returned to the customer. However the customer is liable for all core costs. The fee for cores will be refunded to the customer, once the part is returned.

Explanation of Replaced Parts

Upon request, a customer is entitled to an explanation of the reason why a part was replaced.

Authorization to Commence Repair Work

By accepting a quote and agreement, the Customer, either as the vehicle owner or an authorized representative, grants us the permission to operate the vehicle as needed for diagnosis or repair and grants us permission to perform any approved repair work.

Vehicle Operation:

Customers authorizing repair work grant us the authority to drive the vehicle as necessary for diagnosis or confirmation of proper repair. 

Reasonable Delays

Customers acknowledge potential delays due to parts unavailability or shipment delays. We will make reasonable efforts to mitigate and communicate these delays promptly.

Location-Specific Work Authorization:

For mobile repair work, the Customer grants us the authorization to perform the repair work at the specified location. In instances where the location is under the ownership of a third party, the Customer asserts that they have obtained the necessary permissions for the work to proceed.

Cessation of Work Upon Request:

In the event of a request by a third-party owner to halt repair work, the Customer agrees to pay for the work completed up to that point. Additionally, the Customer acknowledges their commitment to cover any associated Service Call and Mileage Fees.

Verification of Insurance and Registration:

Unless otherwise notified, the Customer affirms the proper registration and insurance of the vehicle. The Customer further acknowledges their responsibility for any fees or penalties related to improper registration or insurance.

Amounts Owed

In-Facility Repairs

Repairs performed within our facility, where amounts are due for work performed are subject to enforcement actions allowed, under the Garage Keepers Lien Act. Amounts not allowed by the Garage Keepers Lien Act, are subject to other enforcement actions, not prohibited by law such as: Debt Collection, Credit Reporting or other legal action.

Mobile Repairs

Mobile Repairs, where the Garage Keepers Lien Act, does not have effect, are subject to enforcement such as: Debt Collection, Credit Reporting, or other legal action

Choice of Law

This Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement and thereto, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of Michigan, United States of America, without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Michigan

Choice of Forum

Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, including contract, equity, tort, fraud, and statutory claims, in any forum other than 63rd District Court, Kent County, Michigan, and any appellate court thereof.

Electronic Signatures 

Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement, if any, are intended to authenticate this writing and to have the same force and effect as manual signatures. 

Acceptance

By requesting Vehicle Services, and accepting the estimate or invoice, you acknowledge and accept the terms of this agreement.

Limited Warranty

[NOTE: This Limited Warranty is not applicable to Enterprise, Business, or Fleet Customers. The Enterprise limited warranty and terms of use can be found here: https://fixitfor.us/enterprise-warranty/]

Fixitforus Automotive LLC (“Fixitfor.us,” “we” or “us”) hereby provides this Limited Warranty (“Warranty”) to the party requesting the Service (“Customer,” “You”) for auto repair or maintenance services (“Vehicle Services,” “Repair Services”). This Warranty outlines the terms and conditions governing the coverage offered by us. We urge you to thoroughly review the following provisions, which elucidate the parties covered by this warranty, the coverage duration, the procedure for filing claims, and the conditions leading to the voiding of this warranty.

Entire Agreement and Amendment.

This Agreement contains the entire Limited Warranty Agreement of the parties with respect to the matters covered herein and supersede all prior agreements and understandings, oral or written, between the parties hereto concerning the subject matter Limited Warranty. This Agreement may be amended only by a written instrument executed by both parties.

Limitation of Warranty.

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, FIXITFORUS AUTOMOTIVE LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTY, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE MATERIALS, INFORMATION, SERVICES OR LICENSES PROVIDED PURSUANT TO THIS AGREEMENT. 

Electronic Signatures 

Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement, if any, are intended to authenticate this writing and to have the same force and effect as manual signatures. 

Choice of Law

This Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement and thereto, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of Michigan, United States of America, without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Michigan

Choice of Forum

Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, including contract, equity, tort, fraud, and statutory claims, in any forum other than 63rd District Court, Kent County, Michigan, and any appellate court thereof.

Severability

If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected thereby.

Coverage

This Limited Warranty extends to you as the original purchaser of Vehicle Services provided by a Technician scheduled through us. Subject to the exclusions, limitations and conditions set forth below, we warrant that the Vehicle Services will be free from defects in:

  1. Material: Parts replaced in the performance of the Vehicle Services;
  2. and workmanship – that the Vehicle Services were performed correctly without significant or detrimental deviation from either standard industry practices or manufactures recommended service procedures.

Coverage extends only to the actual cost of:

  1. Parts Replaced during the vehicle services provided by us; 
  2. Labor charges related to the vehicle service where a defect is alleged.
  3. The cost of labor to replace a or correct a material defect will be covered under this agreement; in accordance with the other provisions outlined below.
  4. The cost of labor to replace or correct a material defect, up to the amount paid by You.

Length of Coverage Period

This Limited Warranty lasts for 24 months or 24,000 miles of use, whichever comes first, measured from the date the Vehicle Services are provided and the odometer reading shown on the applicable invoice (the “Warranty Period”). Any remedial work performed under this Limited Warranty will not restart the Warranty Period.

Additional Manufacture Warranty

Some materials provided by Us may carry a separate warranty that extends beyond the Limited Warranty Period. In those instances, the term of the manufacturer’s warranty will apply to the materials. Workmanship will remain subject to the Warranty Period, unless additionally covered by the manufacturer.

Used, Salvage, or Recovered Parts

You have the option to use parts which come from Used, Salvage or otherwise Recovered Parts. If used, salvage, or recovered parts are utilized in the Vehicle Services, the warranty period is limited to 30 days. The Broker or Seller’s warranty, if applicable, covers parts and labor, subject to the 30-day limit, unless otherwise stated in writing.

Customer Provided Parts

When customers provide their own parts, we do not warrant the correctness of the parts’ application. We only cover workmanship. Any warranties for customer-provided parts are the responsibility of the customer.

No Further Diagnosistics

If customer provides parts and chooses to forego any additional diagnostic procedures, we make no warranty as to the completeness of the repair or that it will resolve the customers complaint.

Resolution of Warranty Claims

If a defect is found within the Warranty Period, we may, at our option and at no additional cost to you:

  1. Engage a Technician to perform remedial service work and/or replace defective parts; or
  2. Engage a third-part shop to perform remedial service work and/or replace defective parts; or
  3. Refund any amount paid by you for the Vehicle Services.

Core Charges

Refunds issue by us, due to defects in material may require the return of the defective part prior to issuing a refund or will be issued, minus any core fee charged to us by our suppliers

No Coverage and Warranty Void

This Limited Warranty does not cover:

  1. Damage caused by abnormal use, commercial ventures, misuse, neglect, alteration, or external causes such as accidents, fire, water, freezing, theft, vandalism, or other criminal activities; 
  2. Diagnostic or inspection services, including pre-purchase inspections;
  3. Issues unrelated to the Vehicle Services ordered by you;
  4. Pre-existing conditions unknown to the Technician before the Vehicle Services;
  5. Consequential effects unrelated to defective parts or incorrect repair work;
  6. Unresolved issues when the customer chooses to provide parts without further diagnostics.

This Limited Warranty is entirely void if:

  1. Vehicle Service deviates from the manufacturer’s recommendation at the customer’s request;
  2. Vehicle is taken to another facility after our services without giving us the opportunity to inspect or remedy the issue;
  3. Adjustments or modifications to existing parts are made, not including parts replacements, by the customer or by a third party at the customer’s request

This Limited Warranty is partial void when:

  • Any parts not ordered through us are installed by the Technician;

In such case only workmanship is warrantied. No parts or materials are warrantied.

Determination of Void of Warranty

Determinations of warranty void will be made by us in our sole discretion, within the laws of the state of Michigan.

Warranty Claim Process

Warranty claims are processed when the form is completed at: https://fixitfor.us/warranty-claim?swcfpc=1 or we are notified via email to [email protected], including the invoice copy or specific details:

  • Name
  • Repair Order/Invoice #
  • Technician Name
  • Time/Date of Repair
  • Repair Service
  • Current Mileage
  • Nature of problem
  • License Plate or VIN

Preliminary eligibility is determined based on mileage, date of service, vehicle identification, and the service invoice.

Eligible Claims

Eligible claims will result in inspection by our Technician. If a defect in materials or workmanship is found, we may at our sole discretion:

  1. Perform remedial service work and/or replace defective parts;
  2. Provide a refund for services and materials;
  3. Arrange for a third-party shop to perform necessary service work, up to the initial service cost;
  4. Use any combination of the above remedies.

Ineligible claim – Discretionary Fees:

We retain the right to charge one (1) hour of labor, a call-out/service fee, and mileage, at our discretion, in cases where a Warranty Claim is deemed void due to the absence of a material or workmanship defect, and it is reasonably apparent that the claim does not fall under this warranty.

Out of Service Area Claims

Claims made outside our service area may be serviced by a Repair Provider selected by us. If the defect in workmanship or material is confirmed, we will either directly pay the Repair Provider or reimburse you for the repair cost up to the amount paid for the Vehicle Services.

Any discounts or promotions you applied towards payment of the Vehicle Services will not count as amounts you paid and may be deducted at our sole discretion.

Reimbursement and Repair Provider Payments

We will attempt direct payment to the Repair Provider. If direct payment is not possible, we will reimburse you. Reimbursement requires an inspection report or invoice proving the defect and the Repair Provider’s contact information. Invoices or inspection reports must contain vehicle identification information and current mileage.

Reimbursement will be sent customer in one of the following methods, as selected by the customer:

  1. Certified Check
  2. Pre-paid debit card
  3. Refund to initial payment method (except as cash, unless claimed in person)
  4. Direct Deposit or ACH

Identification Requirements

Proof of identity or ownership may be requested before processing claims under this Limited Warranty. Required documents include government-issued photo ID, driver’s license, vehicle registration, and matching repair service request information.

Returned of Defect Parts

Defective parts replaced under this warranty become our property and are not required to be returned to the customer. Parts may be examined by the customer. When defective parts are replaced outside the service area, there is no expectation of parts being returned to us, except where return methods will be provided by us at our expense.

Acceptance 

By requesting and accepting Vehicle Services, you acknowledge and accept the terms of this Limited Warranty as outlined above.

Battery Warranty

Battery Warranty applies only to batteries sold by Fixitforus Automotive LLC or Advanced Alternative Solutions, LLC (Collectively “Fixitfor.us”)
Warranty is non-transferable and applicable only to the original purchaser.

Replacement is made only when the battery is defective due to faulty materials or workmanship (NOT MERELY DISCHARGED). 

All batteries, for which the customer is claiming defect, must be properly tested to determine the true battery condition. This test must be performed by Fixitfor.us or its authorized representative or authorized repair facility. Non-authorized testing will not be accepted.

It may be necessary to charge or attempt to charge the battery before a determination of the battery condition can be made. When a battery has only been discharged, it will become serviceable by bringing up to a full state of charge.

Battery Warranty Coverage Times

Battery TypeFree Replacement PeriodProated Replacement Period
Standard Lead-Acid Battery36-Months84-Months
Absorbed Glass Mat (AGM) Battery36-Months84-Months
Marine Battery12-Months36-Months
Auxiliary Battery24-Months48-Months

Void and Non-coverage

The Battery Warranty DOES NOT INCLUDE:

  1. Improperly tested or untested batteries
  2. Batteries that are discharged only
  3. Failure due to poor maintenance
  4. Broken cases
  5. Broken posts or pulled out side terminals
  6. Batteries which are or have been frozen
  7. Batteries damaged by explosions, fire, or collision.
  8. Batteries damaged by improper installation
  9. Batteries damaged due to be overcharged

A battery which is deemed defective will be replaced with the same group size, closely matching the capacities of the original battery.

Free Battery Replacement

A FREE REPLACEMENT is made when a defective battery is brought from claim as follows:

  • 36-Months from the date of purchase for all standard lead acid batteries and AGM batteries.
  • 12-Months from the date of purchase for all Marine Batteries
  • 24-Months from the date of purchase for all Auxiliary Batteries

Prorated Battery Replacement

A PRORATED REPLACEMENT is made when the defective battery is brought in for claim:

  • After 36-months from the date of purchase, but no longer than 84-months for standard lead acid batteries or AGM batteries
  • After 12-months from the date of purchase, but no longer than 36-months for all Marine Batteries
  • After 24-months from the date of purchase, but no longer than 48-months for all Auxiliary Batteries

Prorate Calculation

Prorated fee is based on the following:

  • Dividing the current price of the battery divided by the number of months in the warranty.
  • Taking the number arrived at above and then multiplying by the number of months since the battery was purchased.
  • The number reached using the above formula is the price the customer pays for a new battery. 

Example:

The current price of the battery is $179.99 and the battery was purchased 40 months ago. The battery price is divided by the the total length of time the battery is covered:

If the battery was covered for 84 total months, the price would be divided by 84.
$179.99/84 =$2.14

For a battery with the price of $179.99 that is covered for a total of 84 months, the monthly prorated fee: $2.14

The prorated fee is then multiplied by the number of months, since the battery was purchased.

$2.14 x 40 = $85.60

The amount the the customer would pay for a replacement battery would be: $85.60

Fixitfor.us liability is limited to the replacement of the battery. Fixitfor.us is not responsible for:

  • Installation costs
  • Loss of time
  • Perceived Damages
  • Other costs incurred by the customer as a result of the battery being defective.

Choice of Law

This Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement and thereto, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of Michigan, United States of America, without regard to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Michigan

Choice of Forum

Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, including contract, equity, tort, fraud, and statutory claims, in any forum other than 63rd District Court, Kent County, Michigan, and any appellate court thereof.

Acceptance 

By purchasing a battery from us, you agree to the above Battery Warranty.